CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

APR

062005

U.

S. MINERALS, LLC,

)

pj~~

Petitioner,

)

,

r~

~_.

)

PCBNo._______

vs.

)

)

(Permit Appeal

-

Air)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

PETITION FOR REVIEW OF PERMIT DECISION

NOW COMES the Petitioner,

U.

S.

MINERALS,

LLC (hereafter “Petitioner” or “U.

S.

Minerals”), by

and

through

its

attorneys,

Howard

&

Howard Attorneys, P.C.,

and

pursuant

to

Section

40(a)(l)

of the Illinois

Environmental

Protection Act

(the “Act”),

415

ILCS

5/40(a)(l)

and

35

Ill.

Adm.

Code,

Part

105,

Subpart

B,

hereby

requests review

by

the Illinois

Pollution

Control

Board

(“Board”) of the

final

decision by

the

Respondent,

the

Illinois

Environmental

Protection

Agency

(the

“Agency”

or “IEPA”),

to

include

certain terms

and

conditions

in

the

Lifetime

Operating

Permit

—

Revised

issued

for

Petitioner’s

coal

combustion

byproduct

processing

facility located near Coffeen, Illinois..

In support ofits

Petition, the Petitioner states

as follows:

1.

Petitioner,

U.

S.

MINERALS,

LLC,

an

Indiana

Limited

Liability

Company

authorized to

do business in the

State ofIllinois, operates an existing

coal combustion byproduct

processing

facility

located at the common

address of 796

CIPS

Trail,

Coffeen, Illinois

in

rural

Montgomery County (hereafter “Coffeen facility”).

2.

In

January

2002,

the

Petitioner

acquired

the

Coffeen

facility

as

an

ongoing

concern.

The

Petitioner

did

not

construct

the

Coffeen

facility,

install

the

coal

combustion

---

byproduct processing

equipment, place the byproduct storage piles or construct any of the other

air

pollutant

emission

sources

currently

located

at

the

facility.

The

Coffeen

facility

was

operating under the

authority of Joint

Construction and

Operating Permit No.

98070091

issued

on September

16,

1998 to the previous owner and operator ofthe Coffeen facility

3.

On January

9,

2003, Petitioner filed with the IEPA its

Application for Operating

Permit for the existing Coffeen facility to provide notification ofthe change offacility ownership

and

to

correct

the

list

of processing

equipment

included

in

the

1998

Joint

Construction

and

Operating Permit.

4.

On or about March 2,

2005,

Mr. Donald E.

Sutton,

P.E.,

Manager of the Permit

Section,

Division of Air Pollution

Control for the IEPA, approved Petitioner’s

Application for

Operating Permit and issued

Lifetime Operating Permit

-

Revised

No.

980700091

for the Coffeen

facility.

A

copy of

Lifetime

Operating Permit

-

Revised

No.

98070091

(hereafter “Operating

Permit”),

is

attached

to

this

Petition

as

Exhibit

1.

(Note:

The

Operating

Permit

was

not

accompanied by a cover letter so there is some uncertainty as to the exact date ofthe final permit

decision

by

Mr.

Sutton;

the

Operating

Permit

itself

identifies

March

2,

2005

as

the

“Date

Issued.”).

5.

Petitioner received the Operating Permit on March 7, 2005

via regular U.

S. Mail

service.

Accordingly,

the

instant

Petition

for

Review

of Permit Decision

is

timely

filed

in

accordance

with

Illinois

Pollution

Control

Board

Rules

105.206

(35

Ill.

Adm.

Code

Section

105.206)

and

Section

40(a)(l)

of

the

Illinois

Environmental

Protection

Act

415

ILCS

5/40(a)(1).

6.

Permit

Condition

No.

7

—

The Operating Permit includes in

Condition No.

7 a

limitation of

8 pounds/hour

on

the emissions

of volatile

organic

matter

(“VOM”)

emissions

2

---

from “any emission source” at the Coffeen facility.

However, the Operating Permit also includes

in Condition No.

11 .b.

a VOM emission limitation specifically applicable to the rotary dryer, the

only

combustion

source

at

the

Coffeen

facility.

Petitioner

does

not

use

volatile

organic

compounds or photo-chemically reactive materials in its

coal combustion byproduct processing

operations.

Since the Operating Permit includes a more stringent limitation on the emissions of

VOM

from the rotary dryer

and there are

no

VOM

emissions

from the other processes at the

facility, this Permit Condition No.

7 should be deleted.

Permit Condition No.

7

is not necessary

to accomplish the purposes ofthe Act and Board regulations and therefore,

must be

deleted from

the Operating Permit.

In the alternative, the Operating Permit should be clarified to specify the

VOM emission limitation applicable to each process or emissions source at the Coffeen facility.

7.

Permit

Condition

No.

9

-

The requirements included in

subsections

(b) through

(f) or Permit Condition No. 9 are taken almost verbatim from the Board’s regulations at Sections

212.304

through

212.308

and

212.315.

Those

regulations

are applicable

to

major sources of

particulate

matter

(“PM”)

emissions,

i.e.

sources

emitting

100

tons/year,

where

such

sources

would

have

significant

fugitive

PM

emissions

from

storage

piles

and

material

handling

operations

exceeding

50

tons/year.

These

regulations

are

designed

for mining

operations

or

facilities

such

as

large

coal-fired

power plants

or Portland

cement plants

with

high

rates

of

material

throughput

and

conveyance.

Petitioner’s

Coffeen facility does

not

fall into the

same

category

as

these

large

PM

pollution

sources

for

which

the

fugitive

dust

regulations

were

developed.

Permit Condition No.

9

is

not necessary to

accomplish the purposes of the Act and

Board

regulations

and

therefore,

must

be

deleted

from

the

Operating

Permit.

The

use of a

Fugitive Dust Control Plan that

is subject to IEPA approval (and future revision should problems

3

---

develop), has been in the past and will in the future ensure compliance with

35 Ill.

Admin. Code

Section 212.301

at the existing Coffeen facility.

8.

Permit

Condition

No.

11.a

—

Permit

Condition

11 .a

of the

Operating Permit

includes

limitations

on

“throughput”

and

PM

emissions

based

on

the

allowable

“throughput”

rate.

The “throughput” or production rate is not the maximum facility production or output rate

and

is

not representative of facility operations.

The production rate stated in

Permit Condition

No.

11 .a is the average rate ofmaterial conveyed into the rotary dryer that was measured during

compliance

testing

completed by

Petitioner not

the

maximum rate.

Moreover,

the maximum

allowable “throughput”

rate fails

to

consider

differences

in raw material

bulk

density

and

the

variable moisture

content

of the

raw material

processed

during

the course

of a

calendar

year

which

are significant variables

that

affect

plant output.

Additionally, not

all

coal combustion

byproduct is

processed in the Rotary Dryer and therefore

should not

be included in a

limitation

on total

plant production output.

Permit Condition No.

11 .a is not

necessary to

accomplish the

purposes

of the Act

and

Board regulations

and

therefore,

must be

deleted

from

the

Operating

Permit.

9.

Permit

Condition No.

14

-

The Operating Permit

includes in

Condition No.

14

detailed

and

comprehensive

requirements

to

install,

operate,

maintain

and

generated

detailed

continuous operational

records for a

device

or system

to

monitor

for broken

bags

in the

two

existing

baghouses.

At

this

existing

facility, Petitioner

has maintained

a

procedure for visual

inspections of the

baghouse

equipment on

a

daily

basis.

That

procedure

has

been

and

will

continue to be more effective than reliance on an automated broken bag detection system, even if

such equipment were

available

for the

baghouse

systems

currently

at the

facility.

Combined

with

visual

observations

of the

exhaust

from

the

baghouse

stacks,

visual

inspections

of the

4

---

integrity ofthe bags allows the Permittee to arrange for periodic replacements of deteriorated or

defective bags on a more frequent and effective basis than vendor recommendations

or based on

pressure drop across the bags.

The requirements of Permit Condition No.

14 to

install,

operate,

maintain and keep detailed operational records for a “broken bag detection” system Permit are in

excess

of what

is

required

by

the

controlling

state

regulations,

are

not

supported

by

the

administrative record ofthe permit decision and impose an unreasonable burden on the Petitioner

for no additional assurance ofcompliance or environmental benefit.

The requirements ofPermit

Condition No.

14 are not necessary to accomplish the purposes of the Act and Board regulations

and therefore, these requirements should be deleted from the final Operating Permit.

10.

Permit Conditions No.

9,

13,

14,

15,

16

and

17

—

The Operating Permit includes

numerous, duplicative requirements to conduct extensive monitoring of PM emissions from point

sources

and

fugitive

dust

sources,

to

conduct

frequent

inspections

of PM

point

sources

and

fugitive

dust

sources

and

associated

control

equipment, to

maintain

detailed

records of such

monitoring

and

inspections

and

to

submit

frequent

reports

to

the

IEPA.

The

monitoring,

inspection,

record keeping and

reporting requirements

included in the

Operating Permit

are

in

excess

of what

is

required

by

the

controlling

state

regulations,

are

not

supported

by

the

administrative record of the permit decision and impose an unreasonable burden on the Petitioner

for no additional assurance ofcompliance or environmental benefit.

Reed Minerals owns and operates a similar coal combustion byproduct processing facility

located

near

Pawnee,

Illinois

pursuant

to

the

authority

of

Lifetime

Operating

Permit

No.

85120005

(Facility

ID

#

O21814AAE).

The

Operating

Permit

for

Reed

Minerals’

Pawnee

facility does not include the same type of stringent conditions on fugitive dust control that have

been included

in

the

Operating Permit

for Petitioner’s

Coffeen facility.

In

issuing

operating

5

---

permits

to

similar

sources of air

pollutant

emissions,

the

Agency

is

not

applying

the

Board’s

substantive

rules

and

requirements of the

Act

equally

and

equitably.

In the

exercise

of the

powers

granted

to

it

by

the

Act,

IEPA

is

subject

to

the

constitutional

command

of equal

protection ofthe laws, which means equal rights for all similarly situated.

Therefore, IEPA must

execute the

law

committed

to

it

fairly

and honestly

and

treat

everyone

alike

according

to

the

standards

and

rules of action

prescribed.

Failure

in

this

respect,

which

extends beyond

the

rudimentary requirements of fair play, amounts to unreasonable and arbitrary action.

The monitoring,

inspection, record

keeping

and reporting

requirements included

in

the

Operating Permit impose significant administrative and financial burdens on the Petitioner.

The

additional

burdens

placed

on

Petitioner

would

not

contribute to

a

reduction

in

emissions

or

enhancement

of the

existing

compliance

monitoring

methods.

The

monitoring,

inspection,

record keeping and reporting requirements included in

Permit

Conditions No.

9,

13,

14,

15,

16

and

17

are

not

necessary

to

accomplish

the

purposes

of the

Act

and

Board

regulations

and

therefore, these requirements should be deleted from the final Operating Permit.

Closing

Statements

or

Notations

-

The

Operating

Permit

includes

three

separate

paragraphs or notations

set

forth at the very

end of the permit

document.

(See

Page

11

of the

Operating Permit).

The first statement attempts to summarize the requirements of the Operating

Permit

and

also

alleges

the

existence

of “previously un-permitted equipment”

at

the Coffeen

facility.

This

statement

is

not

a

permit

condition

and

should

not

be

included

in

the

final

Operating Permit.

Additionally,

it

is

factually incorrect

in

several

respects.

The facility was

operating

under

the

authority

of

Joint

Construction

And

Lifetime

Operating

Permit

No.

98070091

and subsequent applications requesting corrections ofthe existing permit.

6

---

The

second

paragraph

includes

references

to

the

Board’s

water

pollution

control

regulations,

specifically

“Title

35:

Subtitle

C,

Water

Pollution

Control,

Chapter

1.”

The

paragraph also

states, “The Permittee

may need to

obtain a permit

from the Division of Water

Pollution Control.”

The third paragraph includes references to

waste management requirements established in

Sections

21

and

39 ofthe Act

and the corrective action release provided by Section

4(y) ofthe

Act.

The paragraph also

states,

“The Bureau of Land,

Division of Remediation

Management

(217/782-6760) should be contacted prior to the installation ofthis equipment.”

Petitioner

is

aware

of

its

obligations

to

comply

with

all

environmental

laws

and

regulations that are applicable to its

operations at the Coffeen facility.

Standard Condition No.1

incorporated

into

every

Lifetime

Operating

Permit

issued

by

the

Division

of

Air

Pollution

Control accurately

states that the Operating Permit

does not release

Petitioner from

compliance

with

all

other

applicable

federal,

state

or

local

environmental

requirements.

However,

it

is

inaccurate

and

inappropriate to

include

a

statement

in

the

body

of the

Operating

Permit

that

implies or infers

that a permit is

required from

the Division of Water

Pollution Control or that

the

Bureau of Land

must

approve

some

unspecified

equipment

installation.

The

Operating

Permit was issued

by the Division of Air Pollution

Control in its function to

administer the air

quality provisions ofthe Act and Board regulations.

The Division ofAir Pollution Control is not

responsible for and

arguably has no authority to regulate activities

subject to the Board’s water

pollution control regulations, waste

management activities

subject to

Sections

21

and

39 of the

Act or corrective action pursuant to Section 4

ofthe Act.

7

---

These three paragraphs or notations

appended to the end of the Operating Permit are not

necessary to

accomplish the purposes ofthe Act and Board regulations and therefore,

should

be

deleted from the final Operating Permit.

WHEREFORE, for the above and foregoing reasons, the Petitioner respectfully requests

that the Board reverse the Agency’s March 2, 2005 permit decision and enter an

Order directing

the Agency to revise the terms and conditions of the Operating Permit as required by the Act and

consistent with the Petitioner’s request.

U. S. MINERALS, LLC, Petitioner

By:

___________________________

Jon

.

aletto\Attorney for Petitioner

Date:

April 5, 2005

Jon S. Faletto

Howard &

Howard Attorneys, P.C.

One Technology Plaza, Suite 600

211

Fulton Street

Peoria, IL

61602-1350

(309)672-1483

(309) 672-1568 Fax

G:\F\Fairmoun\Stanblast\Mis~Wet_for_KeviewFinat 040505doc

8

---

CERTIFICATE OF SERVICE

I, the undersigned, certify that

I have served the attached

Petition for Review of Permit

Decision

on

this

5th

day

of April,

2005,

via first-class

mail,

postage fully

prepaid, upon

the

following parties:

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P. 0.

Box 19276

Springfield, IL

62794-9276

Pollution Control Board

Attn:

Clerk

100 W. Randolph Street

James R. Thompson Center, Suite 11-500

Chicago, IL

60601-3218

Howard & Howard Attorneys, P.C.

One Technology Plaza, Suite 600

211

Fulton Street

Peoria, IL

61602-1350

(309) 672-1483

(309) 672-1568 Fax

9

---

RECE~VED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S

OFFICE

APR

062005

U.

S. MINERALS, LLC,

vs.

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

)

)

)

)

)

)

)

)

)

PCBNo.______

(Permit Appeal

-

Air)

NOTICE OF FILING

Illinois Pollution Control Board

Attn:

Clerk

100 West Randolph Street

James R. Thompson Center, Suite 11-500

Chicago, Illinois 60601

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P. 0. Box 19276

Springfield, IL

62794-9276

PLEASE

TAKE NOTICE that on this

5th

day ofApril

2005, Petitioner, U.

S. MINERALS,

LLC, filed an original

and

nine

(9) copies ofthe attached

Petition for Review of Permit Decision

with the Illinois Pollution Control Board, copies ofwhich are herewith served upon you.

Respectfully submitted,

Dated: April

5,

2005

Jon S. Faletto

Counsel for Petitioner

Howard & Howard Attorneys, P.C.

One Technology Plaza, Suite 600

211

Fulton Street

Peoria, IL

61602

(309) 672-1483

(309) 672-1568 FAX

By:

Jo~~o~

STATE OF ILUNOIS

Pollution Control Board

L

10

---

EXHIBIT

1

---

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

P.O.

Box

19506,

SPRINGFIELD,

ILLINoIS

62794.9506

RENEE CJPRIANO,

DIRECTOR

217/782-2113

LIFETIME OPER.~TINGPERMIT

REVISED

PERMITTEE

U.S. Minerals, L.L.C.

Attri:

Jason Vukas

‘79E CIPS

Trail

Coffeen,

Illinois

62017

~pplicatIon No.: 98070091

.L~P.

NO.: 135803AAB

Applicant’s Designation:

Pate

Received~April

22,

2002

Subject: Coal Slag Processing Plant

Date Issued March

2,

2005

Expiration Date: See Condition

1.

Location:

796 CIPS Trail,

Coffeen

This

permit

is hereby granted to the above-designated Permittee to

OPERATE

emission unit(s)

and/or air pollution control equipment Consisting of;

1 Feed Hopper

8 Storage Bins/Silos

Storage Piles

Truck Load-In

Truck

Load-Out

1 sagger

8 Bucket Elevators

3 Screens Controlled by Baghouse

1 Scalper Screen Uncontrolled

2 Crushers Controlled by Baghouse

1 Rotary Dryer Controlled by Baghouse

pursuant to the above-referenced application.

This permit

is

su.bj~ct

to

standard conditions attached hereto and the following special condition(a):

la.

This permit shall expire

180 days after the Illinois EPA aends a

written request for the renewal of this permit.

b.

This permit shall~terminate if

it is withdrawn or is

superseded by a

revised permit.

2.

The facility is not subject to the New Source Performance Standard

(MS?S)

for Nonmetallic Mineral Processing Plants,

40 CFR 60,

Subparts A

and 000 because slag

is not

a nonmetallic mineral,

and any plant

dedicated to processing slag does not meet the definition of a

nonmetallic mineral processing plant

(See the Applicability

Determination Index

(API)

Control ~(urnber

9900001).

3.

Pursuant

to

35

IAC

212.123:

a.

No person shall

cause or allow the emission of smoke or other

particulate matter,

‘with

an opacity greater than

30

percent,

into

the atmosphere from any emission unit.

ROD R.

BLAGOJEVICP1, GOVERNOR

PRIN1~Q

ON

RECYCLED

PAPER

I;:EI

s~/SB/i’~8’

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S1~’eJ~NI~J

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---

Page

2

b.

The emission of smoke or other particulate matter from any such

emission unit may have an opacity greater than 30 percent but not

greater than 60 percent for a period or periods aggregating

S

minutes

in any 60 minute period provided that such opaque

emissions permitted during any

60 minute period shall occur from

only one such emission unit located within a 1000 ft radius from

the center point of any other such emission unit owned or

operated by such person,

and provided further that such opaque

emissions permitted from each such emission unit shall be limited

to

3 times in any 24 hour period~

4.

Pursuant to 35

IAC 212.301, no person shall cause or allow the emission

of fugitive particulate matter from any process,

including any material

handling or storage activity,

that

is visible by an observer looking

generally toward the zenith at

a point beyond the property line of the

source.

5.

Pursuant to

35 IAC 212.321,

no person shall cause or allow the emission

of particulate matter into the atmosphere

in any one hour period from

any new process emission unit which,

either alone or in combination

with the emission of particulate matter from all other similar process

emission units for which construction or modification commenced on or

after April

14,

1972,

at

a source or premises,

exceeds the allowable

emission rates determined by

using the equation;

E

2.54

(P)

0.534

Where

P

=

Process weight rate in T/hr

2

Allowable

emission

rate

in

lbs/hr

6.

Pursuant to 35

IAC 214.301,

no person shall cause or allow the emission

of sulfur dioxide into the atmosphere from any process emission source

to exceed 2,000 ppm.

7.

Pursuant to 35

IAC 215.301, no person shall cause or allow the

discharge of more than

8 lbs/hr of organic material

into the atmosphere

from

any

emission source, except as provided by the following

exception:

If no odor

nuisance

exists

this limitation ahall apply only

to photochemically reactive material.

8.

At the above location,

the Permittee shall comply with these work

practices as foll~w~:

a.

Only utilize distillate fuel oil

(Orade No.

2)

or bio-diesel with

sulfur contents

less than 1.0 weight percent as the

fuel source

for the rotary dryer.

b.

Not use

organic liquid byproducts or waste materials

in. the

process emission sources without written approval from the

SO

S1~1eJ3NINS

fl

9O~9~ELI~I

is:ct

/9O/~0

---

Page

3

Illinois

EPA.

The

use

of any other fuel shall

require

a

revised

permit.

c.

The Illinois EPA shall be allowed to sample all fuels stored at

the above location.

d.

The Permittee shall implement and maintain control measures for

each piece of equipment and the storage piles that are identífled

by this permit,

such as enclosure,

natural surface moisture,

application of dust suppressant,

and use of dust collection

devices,

that minimize emissions of particulate matter and

provide assurance of compliance with the applicable emission

standards and limitations of Conditions

3,

4 and

5.

e.

The baghouse control systems shall be in operation at

all

times

when the associated emission unit(s)

is in operation and emitting

air contaminants.

The baghouses shall be maintained and operated

according to vendor’s specifications,

as well as operated to

ensure compliance with the Illinois EPA Act and the pollution

Control Board

(PCB)

regulations of

35 Illinois Administrative

Code

(ZAC)

Title 35.

9.

Pursuant to 35

IAC

201.151,

to maintain continual compliance with

Section 9(a)

of the Act and 35

IAC 212.301,

the Permittee shall at

all

times,

other than those listed in Condition 9(g);

a.

Treat each open storage pile with water or other dust

suppressant,

or use other methods as

needed

to prevent fugitive

particulate emissions from the pile from crossing the property

line of the source,

as determined by direct observation or the

accumulation of material off plant property.

b.

Utilize spray systems,

telescopic chutes, enclosures,

or other

equivalent methods for all handling operations.

c.

Pave, or treat with water or other dust suppressant all normal

traffic

pattern

access

areas

surrounding

active

storage

piles,

as

well

as roads and parking facilities.

All paved areas shall be

cleaned on

a regular basis.

All areas treated with water or

other dust suppressants shall have the treatment applied on a

regular basia.

d.

.

Utilize dust control methods for all unloading,

loading,

and

transportation of materials collected by pollution control

equipment to prevent visible fugitive emissions

from crossing the

property line ot the source.

e.

Utilize dust control methods as needed for processing operations,

including crushers,

dryers, grinding mills,

screening operations,

and associated transfer equipment to prevent visible fugitive

emissions from crossing the property

line of the source.

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Page 4

f.

The spraying of dust suppressants pursuant

this

Condition

shall

not

be required, and Condition

4

(35

IAC

212.301)

shall

not

apply when

the

wind

speed

is

greater

than

2S

mph.

Determination

of

wind

speed

shall

be

based

on

a one-hour average or hourly recorded value at

the

nearest official station of the u.s. Weather Bureau,

or by wind

speed logging instruments operated on the site.

In cases where the

duration of operation is less than one hour,

the wind speed may be

averaged over the duration of

the operation on the basis of on-site

wind speed logging instrument measurements.

10.

in

the event that the operation of

the plant results in odors in quantities

and of such characteristics and duration as to unreasonably interfere with

the enjoyment of life and property such that an odor nuisance exists,

the

Periuittee shall take appropriate and necessary actions to minimize odors,

including but not limited to,

changes

in raw material,

changes In plant

operations,

changes in rotary dryer burner settings, or installation of

controls,

in order to reduce or eliminate the odor nuisance.

.la.

Emissions and operation of slag processing shall

not exceed the following

limits:

I

Emission

Item

of

Throughput

Factor

PM

Emissions

I

Equipment

(TIMe)

(T/Yr)

(Lb/T)

(T/)lo)

(T/Yr)

~ç~a1 Slag Processing

Plant

34,339.2

343,392

0.0854

1.47

14.66

These limits are based on the combination of AP-.42 emission factors

(Table 11.19.2-2 and 11.31-1)

for a combined plant wide emission factor

and 343,392 tons of slag processed per year.

Compliance with annual

limits shall be determined from a running total of 12 months of data.

b.

Emissions and operation of the rotary dryer shall not exceed the

following limits~

i.

Operational

limitations:

Emissions

(Gallons/Mo)

(Gallons/Year)

Fuel

Usage

17,532

175,323

Compliance

with

annual

limits

shall

be

determined

from

a

running

total

of

12

months

of

data.

ii.

Emission

Limitations:

Emission Factor

Emissions

Contaminant

(Lb/T)

(TonB/Mo)

(Tons/Year)

H

NO~

0.055

0.94

9.44

CO

0l3

2.23

22.32

SO3

0.011

0.19

1.89

VOM

0.032

0.55

5-49

PM

0.033

0.57

5.67

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S

These limits are based on AP-42 emission factors

(Table 11.1.7)

and for 343,392 tons of slag

processed

per year.

Compliance with

annual limits shall be determined from

a

running

total

of

12

months of data.

c.

Based upon the testing

performed

on June 2-3,

2004,

the maximum

facility

production

rate

shall

not exceed the average

of the three test

rims,

which is 39.2

tons/hour.

12.

This permit is issued based on negligible emissions

of

particulate

matter from receiving,

bulk load out, bagging,

internal transfer

(bucket elevators,

feed hoppers,

conveying).

For this purpose

emissions from each emission source shall not exceed nominal emission

rates of 0.1 lb/hour and 0.44 ton/yr.

13a.

I.

The Permittee shall have the opacity of the exhaust from the

baghouse exhaust stacks during representative weather and

operating conditions determined by a qualified observer in

accordance with tJSEPA Test Method

9, pursuant

to 35

IAC 201.282.

See Condition 18(c).

A.

For each baghouse exhaust stack, Method 9 opacity testing

shall be conducted at least quarterly.

For this purpose,

testing shall first

be conducted within three months of the

issuance of this permit.

B.

Upon written request by the Illinois EPA,

such testing

shall be conducted for specific affected process(es) within

45 calendar days of the request or on the date agreed upon

by the Illinois

EPA, whichever is later.

b.

I.

The Permittee shall have the particulate matter emissions at the

baghouse exhaust stacks during representative maximum operating

conditions measured by a qualified testing service within 90 days

of a written request from the Illinois EPA,

as specified by such

request, pursuant to 35

IAC 201.262.

See condition 18(d).

ii.

Testing shall be conducted using USEPA Test Methods 1-5,

following timely submittal

of

a test protocol and notification of

the date

and

time of testing to the Illinois EPA.

iii.

A complete report for

the t~~t

shall be submitted to the Illinois

EPA within 30 days following

the testing,

unless agreed upon by

and alternative time by the Illinois EPA.

C.

The Permittee shall have particulate matter less

than 10 microns

(PM-

10)

emissions from baghouse exhaust stacks measured during

representative maximum operating conditions by a qualified testing

service

within

90

days of a written request from the Illinois EPA,

as

specified

by

such request, pursuant to 35

IAC 201.282.

See

Condition

18 (b)

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6

d.

The Permittee shall have fugitive particulate matter emissions

from

the

pieces of equipment or storage piles

that are identified by this permit

measured during representative maximum operating conditions by a

qualified testing service within

90 days of a written request from the

Illinois EPA,

as

specified by such request, pursuant to 35

IAC 201.282.

See Condition

18 (a).

14..

Pursuant to 35 IAC

201.281:

a.

The baghouses shall be equipped with devices that shall

monitor

for broken bags in the baghouses within 60 days of issuance of

this permit.

The Permittee shall provide notification to the

Il1inoi~EPA as required by Condition 22 upon the completion of

the monitoring system.

This monitor shall be a continuous

monitoring

device

which

is

installed,

calibrated,

maintained, and

continuously operated according to vendor’s specifications at all

times

that

the

baghouses

are

in

use.

The monitor shall provide

the operator with an audible alert or other type of notification

that the control equipment may be improperly operating.

1.

If the monitor detects broken bag(s),

the Permittee shall

promptly repair the baghouse(s)

to ensure the operations

are in compliance with this permit’s requirements and the

Act.

ii.

The above does not authorize

the use of the processing

equipment in

the event of

a malfunction or breakdown of the

baghouse(s),

including broken bags,

that results In excess

particulate matter emissions or opacity.

I~this event,

the Permittee shall immediately stop the operation(s)

that

are being controlled by the baghouse(s)

until repaired to

ensure

operation

is

in

compliance

with

this

permit’s

requirements and the Act.

b.

Pursuant

to 35 TAC 201301,

the

Permittee

shall

collect

and

record the following informaciozi~

1.

Baghouse broken bag detector data on at least a 1-minute

average basis

if using a digital recording technique,

or on

a continuous basis if using a strip chart technique.

ii.

A log of operating time for the capture system,

control

system, monitoring devices,

and the associated emission

unit

(s)

iii.

A maintenance log for the capture system,

control system,

and monitoring devices detailing all routine and non-

routine maintenances performed including the dates and

durations of any outages.

52

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7

iv.

The Permittee

shall,

at a minimum frequency,

follow the

baghouse bag vendor’s

specifications for bag

replacement

schedules.

In addition to the maintenance logs required

above,

the

Permittee

shall

maintain

a

log

of

the dates of

baghouse bag replacements.

15a.

The Permittee shall perform inspections of each piece of equipment and

the storage piles that are identified by this permit on at least a

weekly basis,

including associated control measures,

to confirm

compliance with the requirements

of Conditions

4 and 5

(35 IAC 212.301

and 212.123), pursuant to 35

IAC 201.281

b.

The Permittee shall perform detailed InspectIons of the dust collection

equipment

for affected processes at least every week,

with an initial

inspection performed before any

maintenance

and repair activities are

conducted and a follow-up inspection performed after any such

activities

are completed pursuant to

35 IAC 201.281.

1~.

The

Permittee

shall

maintain

records

of

the

following

items

to

show

both

compliance with

the

applicable

State

limits

and

with

the

operational

and

emission based limits within this permit, pursuant to

35

IAC 201.301:

a.

Facility

slag throughput

(tons/month and tons/year).

b.

notary

dryer

fuel

usage

(gallons/month

and

gallons/year).

C.

Criteria pollutant

(PM,

PM1.0,

NO~, SO~,

VOM,

Co)

emissions,

(tons/month and tone/year).

d.

Air

pollution

control equipment inspection and maintenance

records.

e.

Opacity testing done in accordance with USEPA Method

9.

f.

Particulate

matter

emission

testing

done

in

accordaflce

with

USEPA

Method

5.

17.

The Permittee shall maintain records

of the following items pursuant

to

35 IAC 201.301:

a.

The Permittee shall maintain records of the following for the

inspections

required

by

Condition

15:

I.

For the inspections required by Condition 1S(a)

for each

piece of equipment and storage piles that are identified by

this permit:

A.

bate and time the inspection was performed and

name(s)

of inspection personnel.

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8

B.

The

observed

condition

of

the

control

measures

for

each piece of equipment and storage piles that are

identified by this permit,

including the presence of

any visible emissions or visible accumulations of

slag dust in the vicinity of the process.

C.

A

description

of

any

maintenance

or

repairs

associated

with

the

control

measures

that

are

recommended as

a result of

the inspections,

and

a

review of any outstanding recommendations for

maintenance

or

repair

from

previous

inspection(s),

i.e., whether recommended action has been taken,

is

yet

to be performed or no longer appears to be

required.

ii.

For the inspections required by Condition 15(b)

for the

dust collection equipment for affected processes:

A.

Date and time the inspection was performed and

name(s)

of inspection personnel.

B.

The observed condition of

the equipment.

C.

A summary of the maintenance and repair that is to be

or

was conducted on the equipment.

0.

A description

of any maintenance or repair that

is

recommended as a result

of the inspection and

a

review of outstanding recommendations for maintenance

or repair from previous inspection(s),

i.e.,

whether

recommended

action

has

been

taken,

is

yet

to

be

performed or no longer appears to be required.

b.

Pursuant to 35 IAC 201.263,

the Permittee shall maintain records,

related to malfunction and breakdown for each piece of equipment

and

the storage piles that are identified by this permit that as

a minimum,

shall include;

i.

A maintenance and repair log for each piece of equipment

and the storage piles that are identified by this permit

with associated equipment,

listing activities performed

with date.

ii.

Records for each malfunction or breakdown that causes or

could cause excess emissions;

A.

Date and duration of malfunction or breakdown.

B.

A description of the malfunction or breakdown.

C.

The corrective actions used to reduce the quantity of

emissions and the duration of the incident.

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Page

9

b.

The

preventative

measures

planned

or

taken

to

prevent

similar malfunctions or breakdowns or reduce their

frequency and severity.

c.

Records

for Opacity Measurements

Records of

all opacity measurements made pursuant to Condition 13

in accordance with USEPA Method

9 for the baghouse exhaust

stacks.

For each occasion on which

such

measurements

are

made,

these records shall include the formal report

for the

measurements, the identity of the observer,

a description of the

measurements that were made,

operating condition of the affected

process,

observed opacity,

and copies of the raw data sheets for

the measurements.

i.

The

Perniietee is not required to submit the reports

associated with the opacity testing to the Illinois EPA

unless requested or unless the testing results show a

violation of

35 IAC 212.123.

The Permittee

shall have

30

days from the receipt of a request or test that resulted in

a violation to submit

the required reports.

This Condition

supercedes the requirements of Condition

22.

18.

The Permittee shall perform testing for the determination of

PM,

PM1.0,

or opacity levels in accordance with Condition 13 using the following

test methods:

a.

Pursuant to 35 IAC 212.107,

for both fugitive

and

nonfugitive

particulate matter emissions,

a determination as to the presence

or absence

of visible emissions from emission units shall be

conducted in accordance with Method

22,

40 CFR part 60,

Appendix

A,

incorporated by reference in 35 IAC 212.113,

except that the

length of the observing period shall be at the discretion of the

observer, but not less than one minute.

This Subpart shall not

apply to 35 IAC 212.301.

b.

Pursuant to

35 IAC 212.108,

i.

Emiasions of

PM1.0 shall be measured by any of the following

methods at

the option of the owner or operator of an

emission unit.

A.

Method 201,

40 CFR Part 51, Appendix N,

incorporated

by reference in 35 IAC 212.113.

B.

Method 201A,

40 CFR Part

51,

Appendix M,

incorporated

by reference in 35

IAC 212.113.

C.

Method

5,

40 CFk Part

60, Appendix A, incorporated by

reference

in

35 IAC 212.113, provided that all

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Page 10

particulate matter measured by Method

S

shall be

considered to be

PM10.

ii.

Emissions of condensable

PM10 shall be measured by Method

202,

40

CF?. part

Si,

Appendix

M,

incorporated

by

reference

in 35

IAC 212.113.

iii.

The volumetric flow rate and gas velocity for stack test

methods shall be determined in accordance with Methods

1,

1A,

2, 2~,2C,

2D,

3,

or

4,

40 CFR part

60, Appendix A,

incorporated by reference

in 35 IAC 212.113.

iv.

Upon a written notification by the Illinois Environmental

Protection Agency

(Illinois EPA), the owner or operator of

a

PM10 emission unit subject to this Section shall conduct

the applicable testing for

PM10 emissions,

condensable

PM1.,

emissions,

opacity,

or visible emissions at such person’s

own expense,

to demonstrate compliance.

Such test results

shall be

eu:brnitted to the Agency within thirty

(30)

days

after conducting the test unless an alternative time for

submittal

is

agreed to by the Illinois EPA.

V.

A person planning to conduct testing for PM10 or condensable

PM10 emissions to demonstrate compliance shall give written

notice to the Agency of that intent.

Such

notification

shall be given at least thirty

(30)

days prior to

initiation of the test unless

a shorter pre-notification is

agreed to by the Illinois EPA.

Such notification shall

state the specific test methods from subsection

(a) of this

Condition that will be used.

vi.

The owner or operator of an emission unit subject

to

35 IAC

212 shall retain records of

all tests which are performed.

These records shall be retained for at least three

(3)

years after the date a test

is performed.

vii.

The Condition shall not affect the authority of the United

States Environmental Protection Agency

(USEPA)

under

Section 114 of the Clean Air Act

(CA~) (42 U.S.C. Section

7414

(1990))

c.

Pursuant

to

35

IAC 212.109, except as otherwise provided in 35

IAC 212,

and except for the methods of data reduction when

applied to

35 IAC 212.122 and 212.123, measurements of opacity

shall be conducted in accordance with Method

9,

40 CFE part ~0,

Appendix A,

and the procedures in 40 CFR 60.675(c)

and

(d),

if

applicable, incorporated by reference in 35

IAC 212.113,

except

that for roadways and parking areas the number of readings

required for each vehicle pass will be three taken at

S second

intervals.

The first reading shall be at the point of maximum

opacity and second and third readings shall be made at the same

point,

the observer standing

at right angles

to

the plume at

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11

least

15 feet away from the plume and observing 4 feet above the

surface

of

the

roadway

or

parking

area.

After

four

vehicles

have

passed,

the 12 readings will be averaged.

d.

Pursuant

to

35

IAC

212.110,

i.

Measurement

of particulate

matter

emissions

from

stationary

emission

units

subject

to

35

IAC

212

shall

be

conducted

in

accordance with 40

C1’R part

60, Appendix A,

Methods

5,

5A,

ED,

or SE,

as incorporated by reference in

35 IAC

212.113.

ii.

The volumetric flow rate and gas velocity shall be

determined in accordance with

40 CFR part 60, Appendix A,

Methods

1,

lÀ,

2,

2A,

2C,

2D,

3, and

4,

incorporated by

reference

in

35

IAC 212.113.

iii.

Upon

a written notification by the Illinois EPA,

the owner

or operator of

a particulate matter emission unit subject

to this part shall conduct

the applicable testing for

particulate matter emissions,

opacity, or visible emissions

at

such person’s own expense,

to demonstrate compliance.

Such test results

shall be submitted to the Agency within

thirty

(30)

days after conducting the test unless an

alternative time for submittal

is agreed to by the Illinois

EPA.

iv.

1~person planning to conduct testing for particulate matter

emissions to demonstrate compliance shall give written

notice to the Illinois EPA of that intent.

Such

notification shall be given at least thirty

(30)

days prior

to the initiation

of the. test unless

a shorter period is

agreed

to by the Illinois EPA.

Such notification shall

state the specific test methods from this Section that will

be used.

v.

The owner or operator

of

an emission unit subject to 35 IAC

212 shall retain records of all tests which are performed.

These records

shall be retained for at least three

(3)

years after the date a test

is performed.

vi.

This Section shall not affect

the authority of

the

TJSEPA

under Section 114 of the

CAh.

19.

The Perrnjttee shall obtain the appropriate construction and operating

permits prior to any future construction of emission unit(s) or air

pollution control equipment pursuant to 35

IAC 201.142 and 35

IAC

201.143,

unless such emission unit(s)

is exempted from permitting

requirements pursuant to

35

IAC 201.14g.

20.

All records and logs required by this permit

Bhal.

be retained at

a

readily accessible location at the

source. for at

least three years from

the date of entry and shall be made available for inspection and

80

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12

copying by the Illinois EPA upon request.

Any records retained in an

electronic

format

(e.g.,

computer) shall be capable

of

being retrieved

a~dprinted on paper during normal source office hours so as to be able

to respond to an Illinois EPA request for records during the course of

a source inspection.

21.

If there is an exceedance of the requirements of this permit as

determined by the records required by this permit,

the Permittee

shall

submit

a report to the Illinois EPA’s Compliance Section in

Springfield,

Illinois within 30 days after the exceedance.

The report

shall include the emissions released in accordance with the

recordkeeping requirements,

a copy of the relevant records, and a

description of the exceedance or violation and efforts to reduce

emissions and future occurrences.

22.

Two

(2)

copies of required reports and notifications concerning

equipment operation or repairs, emission performance testing or

a

continuous

monitoring

system shall be sent to~

Illinois Environmental Protection Agency

Division of Air Pollution Control

Compliance Section

(4~40)

P.O. ~ox 19276

Springfield,

Illinois

62794-9276

and one

(i)

copy shall be sent to the Illinois EPA’s regional office

at

the following address unless otherwise indicated:

Illinois Environmental Protection Agency

Division of Air Pollution Control

5415 !~orthUniversity

Peoria,

Illinois

61614

and one

(1)

copy of any documents relating to emission performance

testing shall be sent to following address unless otherwise indicated:

Illinois Environmental Protection Agency

~JiViBionof Air Pollution Control

Source Monitoring Unit

9511 Harrison Street

Des

Plaines,

Illinois

60016-1563

23.

Persons with lifetime operating permits must apply for and obtain a

revised permit for any of the following changes at the source:

a.

An increase in emissions above the amount the emission unit or

the source is permitted to

emit;

b.

A modification;

c.

A change

in operations that will result in the source’s

noncompliance with conditions in the existing permit; or

60

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Page 13

d.

A change in ownership, company name,

or address,

so that the

application or existing permit is no longer accurate.

It should be noted that this permit has been revised to include previously

un-permitted equipment,

address process emissions,

and include monitoring,

testing, and recordkeeping requirements.

It should be noted that the issuance of this permit does not relieve the

Perniittee

of

the responsibility of complying with the provisions of the State

of Illinois Rules and Regulations,

Title 35;

Subtitle

C, Water Pollution

Control,

Chapter

1.

The Permittee may need to obtain a permit from the

Division of Water Pollution Control.

It should be noted that issuance

of this permit does not relieve the

permittee from compliance with the permit requirements of Section 21 and 39

of

the Environmental Protection Act with respect

to a waste management

operation,

nor

does

it constitute a release from further responsibility for

preventive

or

correction

action

as defined under Section 4(y)

of

the

Environmental Protection Act.

The bureau of Land, Division of Retnediation

Management

(217/782-6760)

should be contacted prior to the installation of

this equipment.

If you have any questions oü this, please call Ross Cooper at 217/782-2113.

D

ald E.

Sutton,

P.E.

Manager,

Permit Section

Division of Air Pollution Control

DES:RWC;jar

cc;

Region

2

01

~St~d

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---

STATE

OF

ILLX~OIS

ENVIRONMENTAL

~ROrECTIO~

AGE~,7CY

DXVISTON OF AI~~OLLUTIONCO~TROI

P.O.

BOX 195O~

SPR~GPIEL~,ILLI~OTS 62794~95OG

STANDARD

CONDITIONS

FOR

LIFETIME

OPERATING

PERMITS

_________

July 1,

1998

The

Illinois

Environmental

Protection

Act

t4l5

ILCS

5/39

(formerly

Illinois

Revised

Statutes,

Chapter

lll-.1/2,

Section

1039))

grants

the

Illinois

Environmental

Protection

Agency authority to impose conditions

on permits which it issues.

I..

The

issuance

of

this

Permit

does

not

release

the

Perrnittee

from

compliance

with

state and federal

regulations

which

are part

of

the

Illinois

State

Implementation

Plan,

as well

as with other applicable statues and regulations

of

the United States

or the State of Illinois or with applicable

local laws,

ordinances and regulations.

2.

The Illinois EPA has

issued this

Permit based upon the

information submitted by the

Permittee

in

the

permit

application.

Any

misinformation,

false

Statement

or

misrepresentation

in

the application shall

be ground

for

revocatjon

under

35

Iii.

Mm,

Code 201.166.

3.

a.

The

Pert’nittee

shall

not

authorize,

cause,

direct

or

allow

any modification,~

as

defined

in

35

111.

Adm.

Code

201.102,

of

equipment,

operations

or

practices

which are

reflected

in

the

permit

application

as

submitted,

until

the appropriate permit

is obtained from the Illinois EPA.

b.

The Permittee

shall obtain

a

new or

revised permit under Section

39.5

of

the

Act,

if

the

source no longer meets

the applicability criteria of

35

Iii. Mm.

Code 201169 because of changes

in emissions units or control equipment.

c.

The

Permittee

shall

obtain

a

revised

permit

prior

to

any

of

the

following

changes

~t

the source;

i.

An

increase

in

emissions

above

the

amount

the

emission

unit

or

r.he

source

is permitted

to emit; or

ii.

~ modification;

or

iii.

1\

change

in

op~r’ations

that

will

result

in the

source’s

noncompHance

with a condition

in

the existing permit; or

iv.

A

change

in

ownership,

company

name,

or

address,

so

that

the

application or existing permit is no longer accurate.

4,

a.

This Permit onLy covers

emission units and control

equipment.

while physically

present

at

the

indicated

source

location.

Unless

the

Permit

specifically

provides

for

equipment

relocation,

this

Permit

is

vo’~d for

n

item

of

equipment

ort

Lhc?

day

it

is

removed

from the permitted

location,

or

if

~11-

equipment is removed.

b.

The Permittee

shal.!

notify

the

Illinois ~PA

in writing to withdraw the Permit

if

all operations

the source have been permanently discontinued.

Paga

i

of

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---

5.

The

Permittee

shall allow any duly authorized

agent

of

the

Illinois EPA,

upofl

the

presentation of credentials, at reasonable times:

a.

To

enter

the

Permittee’s

property

where

actual

or

potential

efflaent,

emiseion or noise units are 1oca~edor where any activity is

to be conducted,

pursuant to this Permit;

b.

To have access to and to copy any records required to be kept under the terms

and conditions

of

this

Permit;

c.

To inspect,

inc1~ldin9during

any hours

of operation of equipment constructed

or operated under

this

Permit,

such equipment

and any

equipment

required

to

be kept, used,

operated,

calibrated and maintained under this Permit;

d.

To obtain and remove samples of any discharge or emission of pollutants; and

e.

To

enter

and

utilize

any

photographic,

recording,

testing,

monitorixig

or

other

equipment

for

the

purpose

of

preserving,

testing,

monitoring

or

recording any activity,

discharge or emission authorized by this Permit.

6.

The issuance of this Permit:

a.

Shall not be considered as

in any manner affecting the

title of the premises

upon which the permitted source

is located;

b.

Does

not

release

the

Permittee

from

any

liability

for

damage

to

person

or

property

caused

by

or

resulting

from

the

construction,

maintenance,

or

operation of the source;

c.

Does not take into consideration or attest

to the structural

stability of

any

unit or part of the project;

and

d.

In

no

manner

implies

or

suggests

that

the

Illinois

EPA

(or

its

officers.

agents,

or employees)

assumes any

liability,

directly or indirectly,

for

any

lose

due

to

damage,

installation,

maintenance,

or operation

of

the proposed

equipment or source.

7.

The Permittee shall maintain aU

equipment covered under this

Permit in such a manner

that

the

performance

of

euch

equipment

shall

not

cause

a

violation

of

ch~

Environmental Protection Act or regulations promulgated thereuner.

8.

The

Permittee

shall maintain

a

maintenance

record on

the

premises

for

each

item

of

air pollution control

equipment.

This

records

shall

be made

available

to any agent

of

the Illinois EPA at any time during

normal

working

hours and/er operating hours.

As

a

minimum,

this

record

shall

show

the

dates

of

performance

and

nature

of

preventative maintenance activities.

9.

NO

person shall

cause or allow startup

of

any emission unit or continued operation

during

malfunction

or

breakdown

of

any

emission

unit

or

related

air

pollution

control equipment

if

such startup or

cohtinued

operation would cause

a violation of

an

applicable

emission

standard

or

permit

limitation

if

such

operation

is

not

allowed

as

a

special

condition

of

this

Permit,

as

required

by

35

Ill.

Mm.

Code

201.149.

10.

The

Permittee

shall

submit

an Annual

Emission

Report

as

required

by

35

111.

Adm,

Code 201.302

and 35

Ill.

Adm.

Code Part

254.

11.

The Permictee shall pay the annual site fee for the source in accordance with

Section 9.5 of the

Act.

Page

2

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2

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-t

P1iec~o~-y

Environmental Protection Agency

-

Bureau ofAir

Slay

22,2003

For assistance in preparing a

permit

Tpplication.

contact the Permit Section:

fflools

EPA

DivisIon

of

Air

Pollution Control

Permit Section

t021

N. Grand AveE.

Springfield, IllinoIs 62794.9506

2171782-2113

Or contact a regional office

oftheField

Operations

Section.

The

regional

officesand

their

areas ofresponsibility

~reshown on

the

map. The

addresses

~ndtelephone numbers of the regional

offices are asfollows:

illinois

EPA

Region I

Bureau of

Air,

FOS

9511 West Harrison

Des Plaines, IllinoIs 60016

847/294-4000

Illinois

EPA

Region 2

5415

North UnMverslty

Peoria~IllinoIs 61614

Illinois EPA

2009

MalI

Street

Coliinsvifle, IllinoIs 62234

618/346-5120

El

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