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ADEQ MINOR SOURCE AIR PERMIT Permit No. : 1693-AR-4 IS ISSUED TO: Frito-Lay, Inc. - Jonesboro Facility 2810 Quality Way Jonesboro, AR 72401 Craighead County AFIN: 16-00282 THIS PERMIT IS THE ABOVE REFERENCED PERMITTEE’S AUTHORITY TO CONSTRUCT, MODIFY, OPERATE, AND/OR MAINTAIN THE EQUIPMENT AND/OR FACILITY IN THE MANNER AS SET FORTH IN THE DEPARTMENT’S MINOR SOURCE AIR PERMIT AND THE APPLICATION. THIS PERMIT IS ISSUED PURSUANT TO THE PROVISIONS OF THE ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (ARK. CODE ANN. SEC. 8-4-101 ET SEQ.) AND THE REGULATIONS PROMULGATED THEREUNDER, AND IS SUBJECT TO ALL LIMITS AND CONDITIONS CONTAINED HEREIN. Signed: Mike Bates Date Chief, Air Division

ADEQ MINOR SOURCE AIR PERMIT€¦ · Frito-Lay, Inc. - Jonesboro Facility ... Process Description ... owns and operates a snack food production facility at Craighead Industrial Park

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Page 1: ADEQ MINOR SOURCE AIR PERMIT€¦ · Frito-Lay, Inc. - Jonesboro Facility ... Process Description ... owns and operates a snack food production facility at Craighead Industrial Park

ADEQ MINOR SOURCE

AIR PERMIT

Permit No. : 1693-AR-4

IS ISSUED TO:

Frito-Lay, Inc. - Jonesboro Facility 2810 Quality Way

Jonesboro, AR 72401 Craighead County AFIN: 16-00282

THIS PERMIT IS THE ABOVE REFERENCED PERMITTEE’S AUTHORITY TO CONSTRUCT, MODIFY, OPERATE, AND/OR MAINTAIN THE EQUIPMENT AND/OR FACILITY IN THE MANNER AS SET FORTH IN THE DEPARTMENT’S MINOR SOURCE AIR PERMIT AND THE APPLICATION. THIS PERMIT IS ISSUED PURSUANT TO THE PROVISIONS OF THE ARKANSAS WATER AND AIR POLLUTION CONTROL ACT (ARK. CODE ANN. SEC. 8-4-101 ET SEQ.) AND THE REGULATIONS PROMULGATED THEREUNDER, AND IS SUBJECT TO ALL LIMITS AND CONDITIONS CONTAINED HEREIN. Signed: Mike Bates Date Chief, Air Division

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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Table of Contents Section I: FACILITY INFORMATION........................................................................................ 4 Section II: INTRODUCTION........................................................................................................ 5

Summary of Permit Activity....................................................................................................... 5 Process Description..................................................................................................................... 5 Regulations ................................................................................................................................. 7 Total Allowable Emissions......................................................................................................... 7

Section III: PERMIT HISTORY ................................................................................................... 8 Section IV: EMISSION UNIT INFORMATION.......................................................................... 9 Section V: INSIGNIFICANT ACTIVITIES ............................................................................... 16 Section VI: GENERAL CONDITIONS ...................................................................................... 17 Appendix A

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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List of Acronyms and Abbreviations

A.C.A. Arkansas Code Annotated

AFIN ADEQ Facility Identification Number

CFR Code of Federal Regulations

CO Carbon Monoxide

HAP Hazardous Air Pollutant

lb/hr Pound Per Hour

No. Number

NOx Nitrogen Oxide

PM Particulate Matter

PM10 Particulate Matter Smaller Than Ten Microns

SO2 Sulfur Dioxide

Tpy Tons Per Year

UTM Universal Transverse Mercator

VOC Volatile Organic Compound

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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Section I: FACILITY INFORMATION

PERMITTEE: Frito-Lay, Inc. - Jonesboro Facility

AFIN: 16-00282

PERMIT NUMBER: 1693-AR-4

FACILITY ADDRESS: 2810 Quality Way Jonesboro, AR 72401

MAILING ADDRESS: 2810 Quality Way Joneboro, AR 72401

COUNTY: Craighead

CONTACT POSITION: Donnie J. Pretty

TELEPHONE NUMBER: (870) 268-5590

REVIEWING ENGINEER: Kimberly O'Guinn

UTM North South (Y): Zone 15: 3966

UTM East West (X): Zone 15: 720.5

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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Section II: INTRODUCTION

Summary of Permit Activity Frito-Lay, Inc. - Jonesboro Facility (AFIN: 16-00282), 2810 Quality Way, Jonesboro, Arkansas 72401, owns and operates a snack food production facility at Craighead Industrial Park. Frito-Lay is planning new emission units: a 97 MMBtu/hr boiler (SN-26), a second potato chip line (SN-04), and a second No.2 distillate oil storage tank (SN-28). Additionally, the following changes will be incorporated into this permit modification: � update the permitted combustion emissions for existing sources to reflect current AP-42

emission factors; � increase the authorized hours of backup fuel firing for existing sources from 500 hr/yr to

1440 hr/yr, each combusted source; � add the Line 6 tortilla chip cooker(SN-15), oven (SN-16), and dryer (SN-17) (currently

listed as insignificant activities) to the list of permitted emissions units and authorize propane backup for the oven and dryer;

� delete existing Line 5 (pellet pre heater (SN-34), deep fat fryer (SN-35), product cooler (SN-36)) since this equipment had been shutdown and removed from the site;

� add flue gas recirculation (FGR), in addition to a low NOx burner, as the NOx controls for the existing boiler (SN-25);

� make a clerical correction to the permitted emissions from the SN-10, the TC Cooker – Line 2; and

� increase capacity of certain existing emission sources listed in the Insignificant Activity List: FCP Extruder assembly, FCP Cooker, and Bulk Corn Meal Unloading/Storage/Transfer System.

With these changes permitted PM/PM10, SO2, VOC, CO, and NOx emissions will increase by 12.8 tons/year (tpy), 58.9 tpy, 4.9 tpy, 55.6 tpy, and 29.9, respectively.

Process Description Process steam Process steam is provided by two natural gas boilers (SN-25 & SN-26). Diesel fuel is stored in two tanks at the facility (SN-27 & SN-28) and is used as the back-up fuel for the boilers. Receiving Raw materials are received by truck and rail (SN-22), transferred to storage (SN-23), then cleaned (SN-24) before being conveyed to one of five production lines.

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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Line 1 After cleaning, the raw materials undergo intermediate processes which generate starchy water. The starchy water is sent to a starch recovery unit which dewaters the starch. The dewatered starch is sent to a gas-fired starch dryer (SN-07), and the raw materials are sent to a steam-heated vegetable oil cooker. The cooking process causes the raw materials to release water vapor with entrained vegetable oil. Emissions from the cooker exhaust stack (SN-01) exit through an oil mist eliminator which reduces particulate emissions. From the cooker the chips pass through a steam-heated de-oiler (SN-02). A direct-fired dehydrator (SN-03) removes moisture from the chips before packaging. Line 2 After cleaning, the raw materials are placed in a direct fired oven (SN-08). The raw materials are then sent to a cooker. The cooking process causes the raw materials to release water vapor with entrained vegetable oil. Emissions from the cooker exhaust stack (SN-10) exit through a filtration system which reduces particulate emissions. From the cooker the chips pass through a steam heated de-oiler (SN-11). A direct-fired dryer (SN-12) removes moisture from the snacks before packaging. A cooler (SN-13) cools the product. Line 3 After cleaning, the raw materials undergo intermediate processes and the raw materials are sent to a cooker. The cooking process causes the raw materials to release water vapor with entrained vegetable oil. Line 4 After preprocessing the product is sent to a vegetable oil cooker (SN-30) heated by steam created by the facility’s boiler and then to additional post-processing equipment. Line 5 After cleaning, the raw materials undergo intermediate processes which generate starchy water. The starchy water is sent to a starch recovery unit which dewaters the starch. The dewatered starch is sent to a gas-fired starch dryer (SN-07), and the raw materials are sent to a steam-heated vegetable oil cooker. The cooking process causes the raw materials to release water vapor with entrained vegetable oil. Emissions from the cooker exhaust stack (SN-04) exit through an oil mist eliminator which reduces particulate emissions.

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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Regulations The following table contains the regulations applicable to this permit.

Regulations

Arkansas Air Pollution Control Code, Regulation 18, effective February 15, 1999

Regulations of the Arkansas Plan of Implementation for Air Pollution Control, Regulation 19, effective December 19, 2004 The boilers (97MMBtu/hr) are subject to 40 CFR Part 60 Subpart Dc - Standards of Performance for Small Industrial - Commercial - Institutional Steam Generating Units. Natural gas will be the primary fuel for the boiler while propane and No. 2 distillate oil will be used as back-up fuels. The facility is not subject to the provisions of 40 CFR Part 60 Subpart DD - Standards of Performance for Grain Elevators.

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

TOTAL ALLOWABLE EMISSIONS

Emission Rates Pollutant

lb/hr tpy

PM 15.6 55.9

PM10 15.6 55.9

SO2 99.0 71.8

VOC 2.6 10.3

CO 19.1 83.5

NOx 17.4 61.5

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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Section III: PERMIT HISTORY Permit #1693-A was issued on August 6, 1996. This was the initial permit for five snack food lines. Raw materials are delivered by rail or truck then combined, processed, packaged, and shipped. Permit #1693-AR-1 was issued on May, 11, 1998. This modification to the existing permit adjusted emissions for initial construction that resulted in two lines rather than five. Permit #1693-AR-2 was issued on August 4, 1999. This modification allowed for the construction of two new snack food lines with associated grain handling equipment. Emissions were updated to reflect recent changes in U.S. EPA’s emission factors for industrial boilers and grain handling operations. Permit #1693-AR-3 was issued on October 4, 2004. The facility has four snack food lines and this modification allowed for the installation of a fifth production line (line 5). Line 5 did not require any fuel-burning equipment nor was the permitted consumption of fuel, corn, or potatoes increased. The line uses ingredient materials available internally. Facility particulate emissions increased by 3.1 tons/yr and VOC emissions increased by 0.7 tons/yr.

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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Section IV: EMISSION UNIT INFORMATION

Specific Conditions 1. The permittee shall not exceed the emission rates set forth in the following table.

[Regulation 19, §19.501 et seq., effective December 19, 2004 and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

SN Description Pollutant lb/hr tpy

PM10

1.9

8.1 01

PC Cooker - Line 1

Equipped with an oil mist eliminator

VOC

0.1

0.4

02

PC De-Oiler - Line 1

PM10

0.7

2.8

PM10

1.0

4.0

SO2

0.1

0.1

VOC

0.1

0.1

CO

0.4

1.6

03

PC Dehydrator - Line 1

NOX

0.7

2.1

04 PC Cooker – Line 5

Equipped with an oil mist eliminator PM10

VOC 1.9 0.1

8.1 0.4

05

thru 06

Reserved for Future Use

PM10

1.2

5.3

SO2

0.1

0.1

VOC

0.1

0.1

CO

0.3

1.4

07

PC Starch Dryer - Line 1 and Line 5

NOX

0.6

1.8

Page 10: ADEQ MINOR SOURCE AIR PERMIT€¦ · Frito-Lay, Inc. - Jonesboro Facility ... Process Description ... owns and operates a snack food production facility at Craighead Industrial Park

Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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SN Description Pollutant lb/hr tpy

PM10

0.2

0.5

SO2

0.1

0.1

VOC

0.1

0.3

CO

0.8

3.5

08

TC Oven - Line 2

NOX

1.5

4.6

09

Reserved for Future Use

PM10

0.4

1.8

10

TC Cooker - Line 2

Equipped with an oil mist eliminator

VOC

0.2

0.7

11

TC De-Oiler - Line 2

PM10

0.3

1.4

PM10

0.5

1.8

SO2

0.1

0.1

VOC

0.1

0.1

CO

0.1

0.2

12

TC Dryer-Line 2

NOX

0.1

0.3

13

TC Cooler - Line 2

PM10

0.2

0.7

PM10 0.2 1.0 15

Line No. 6 Tortilla Chip Cooker Equipped with an oil mist eliminator VOC 0.1 0.5

PM10 0.1 0.3

SO2 0.1 0.1

VOC 0.1 0.2

CO 0.7 3.2

16 Line No. 6 Tortilla Chip Oven

NOx 1.4 4.2

PM10 0.1 0.3

SO2 0.1 0.1

VOC 0.1 0.

CO 0.8 3.6

17 Line No. 6 Tortilla Chip Dryer

NOx 1.5 4.7

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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SN Description Pollutant lb/hr tpy

14, 18

thru 21

Reserved for Future Use

22

Grain Receiving from Rail Car

PM10

1.0

4.3

23

Grain Transfer from Unload

PM10

0.1

0.1

24

Grain Cleaning Operations

PM10

0.1

0.5

PM10 2.3 4.8

SO2

49.2

35.6

VOC

0.5

2.3

CO

8.0

35.0

25 Boiler #1

(97 MMBTU/hr) w/FGR & low NOx Burner

NOX

5.8

21.9

PM10 2.3 4.8

SO2 49.2 35.6

VOC 0.5 2.3

CO 8.0 35.0

26

Boiler #2

(97 MMBTU/hr) w/FGR & low NOx Burner

NOx 5.8 21.9

27

No. 2 Distillate Oil Tank #1

VOC

0.1

1.1

28 No. 2 Distillate Oil Tank #2 VOC 0.1 1.1

29

Reserved for Future Use

PM10

1.2

5.3

30

FCC Cooker - Line 4

Equipped with an oil mist eliminator

VOC

0.2

0.5

31

thru 33

Reserved for Future Use

34

Pellet Pre-Heater - Line 5 Removed from facility

35

Deep Fat Fryer - Line 5 Removed from facility

36

Product Cooler - Line 5 Removed from facility

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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2. The permittee shall not exceed the emission rates set forth in the following table.

[Regulation 18, §18.801, effective February 15, 1999, and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

SN Description Pollutant lb/hr tpy

01 PC Cooker - Line 1

PM

1.9

8.1

02

PC De-Oiler - Line 1

PM

0.7

2.8

03

PC Dehydrator - Line 1

PM

1.0

4.0

04 PC Cooker – Line 5 PM 1.9 8.1

04 thru 06

Reserved for Future Use

07

PC Starch Dryer – Line 1 and Line 5

PM

1.2

5.3

08

TC Oven - Line 2

PM

0.2

0.5

09

Reserved for Future Use

10

TC Cooker - Line 2

PM

0.4

1.8

Equipped with an oil mist eliminator

11

TC De-Oiler - Line 2

PM

0.3

1.4

12

TC Dryer-Line 2

PM

0.5

1.8

13

TC Cooler - Line 2

PM

0.2

0.7

14 Reserved for Future Use

15 Line No. 6 Tortilla Chip Cooker PM 0.2 1.0

16 Line No. 6 Tortilla Chip Oven PM 0.1 0.3

17 Line No. 6 Tortilla Chip Dryer PM 0.1 0.3

18 thru 21

Reserved for Future Use

22

Grain Receiving from Rail Car

PM

1.0

4.3

23

Grain Transfer from Unload

PM

0.1

0.1

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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SN Description Pollutant lb/hr tpy

24 Grain Cleaning Operations

PM

0.1

0.5

25 Boiler (97 MMBTU/hr)

w/FGR & low NOx Burner

PM 2.3 4.8

26

Boiler #2

(97 MMBTU/hr) w/FGR & low NOx Burner

PM

2.3 4.8

29 Reserved for Future Use

30

FCC Cooker - Line 4

Equipped with an oil mist eliminator

PM

1.2

5.3

31

thru 33

Reserved for Future Use

34

Pellet Pre-Heater - Line 5 Removed from facility

35

Deep Fat Fryer - Line 5 Removed from facility

36

Product Cooler - Line 5 Removed from facility

3. 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. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

SN Limit Regulatory Citation

01, 02, 03, 04, 07, 08, 10 thru 13, 15 thru 17 22, 23,

24, 27, 28, 30, 34, 35, 36

20%

§19.503

5% (Natural Gas)

§18.501

25, 26 20% (Diesel)

§19.503

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. '8-4-303. [Regulation 18, '18.801 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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5. The permittee shall not conduct operations in such a manner as to unnecessarily cause air contaminants and other pollutants to become airborne. [Regulation 18, '18.901 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

6. The permittee shall operate the oil mist eliminators according to manufacturer=s

specifications. [Regulation 18, '18.901 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

7. The primary fuel for the PC dehydrator (SN-03), the starch dryer (SN-07), the TC ovens

(SN-08 & SN-16), and the TC dryers (SN-12 & SN-17) shall be natural gas. Natural gas usage for these sources shall not exceed 321.8 MMscf per consecutive 8,760 hours per year. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

8. An alternate fuel for the PC dehydrator (SN-03), the starch dryer (SN-07), the TC ovens

(SN-08 & SN- 16), and the TC dryers (SN-12 & SN-17) shall be propane. Propane gas usage for these sources shall not exceed 589,692 gallons of propane use or 1440 hours during any consecutive 12-month period. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

9. The primary fuel for the steam generators (SN-25 & SN-26) shall be natural gas. Natural

gas usage for these sources shall not exceed 1,666.2 MMscf per consecutive 8,760 hours per year. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

10. An alternate fuel for the steam generator (SN-25 & SN-26) shall be propane. Propane

gas usage for these sources shall not exceed 3,052,800 gallons of propane use or 1440 hours during any consecutive 12-month period. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

11. The sulfur content of the propane shall not exceed 1 gram of sulfur per 100 scf.

Compliance shall be demonstrated by vendor certification of the sulfur content of the purchased fuel. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

12. An alternative fuel for the steam generator (SN-25 & SN-26) shall be #2 fuel oil. Fuel oil

usage for this source shall not exceed 1,995,552 gallons of No. 2 distillate oil or 1440 hours during any consecutive 12-month period. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

13. The sulfur content of the No. 2 distillate oil used shall not exceed 0.5% by weight. The

sulfur content shall be verified by testing or by vendor=s written guarantee for each shipment of fuel oil received at the site. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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14. The permittee shall not process more than 36,718 tons of corn at the facility per consecutive 8,760 hours/year. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

15. The permittee shall not process more than 262,000 tons of potatoes at the facility per

consecutive 8,760 hours/year. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

16. The permittee shall maintain monthly records which demonstrate compliance with

Specific Condition 6 thru 15(1). Records shall be updated by the fourteenth day of the four week period following the month for which the records pertain. These records shall be sufficient to enable the department to determine compliance. A rolling 13 period total and each individual period=s data shall be kept on site, and shall be made available to Department personnel upon request. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311] NSPS Requirements

17. SN-25 and SN-26 are subject to the provisions of 40 CFR, Part 60, Subpart Dc -

Standards of Performance for Small Industrial Commercial-Institutional Steam Generating Units. A copy of Subpart Dc is provided in Appendix A of the permit. [Regulation 19, '19.304 of and 40 CFR 60.40c]

18. The facility shall record and maintain records of the amount of each fuel combusted each

period at SN-25 & SN-26. [Regulation 19, '19.304 and 40 CFR 60.48c(g)1] 19. The permittee shall maintain monthly records which demonstrate compliance with

Specific Condition 18. Records shall be updated by the fourteenth day of the four week period following the month for which the records pertain. These records shall be sufficient to enable the department to determine compliance. A rolling 13 period total and each individual period=s data shall be kept on site, and shall be made available to Department personnel upon request. [Regulation 19, '19.705 and A.C.A. '8-4-203 as referenced by '8-4-304 and '8-4-311]

1. In a letter from John R. Hepola, Chief Air/Toxics and Inspection Coordination Branch titled “Alternate Monitoring for NSPS Subpart Dc, OK Foods Inc., Fort Smith, Arkansas”, dated Feb 9, 1999 the Department is allowed to issue future permits for natural gas or low sulfur distillate fired NSPS Subpart Dc boilers with monthly monitoring and recording requirements for fuel usage.

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Frito-Lay, Inc. - Jonesboro Facility Permit #: 1693-AR-4 AFIN: 16-00282

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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 November 22, 2005 & December 5, 2005.

Description Category

FCP Extruders - Line 3 (with W-type Rotoclones)

A13 FCP Cooker (steam-heated with high efficiency oil mist eliminator)

A13

FCC Cooler - Line 4

A13

Grain Receiving from Truck #2

A13

Bulk Corn Meal Unloading (with filter receiver and two dust

collectors)/Storage/Transfer System (with dust collectors)

A13

Corn Storage Silo (with dust collector)

A13

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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. §8-4-101 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. §8-4-101 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. §8-4-101 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. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

3. The permittee will 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 19, §19.704 and/or A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

4. Construction or modification must commence within eighteen (18) months from the date

of permit issuance. [Regulation 19, §19.410(B) and/or Regulation 18, §18.309(B) and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

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 19, §19.705 and/or Regulation 18, §18.1004 and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

6. A responsible official must certify any reports required by any condition contained in this

permit and submit any reports to the Department at the address below. [Regulation 19, §19.705 and/or Regulation 18, §18.1004 and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

Arkansas Department of Environmental Quality Air Division ATTN: Compliance Inspector Supervisor Post Office Box 8913 Little Rock, AR 72219

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7. The permittee will 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) days in advance of such test. The permittee must submit compliance test results to the Department within thirty (30) days after the completion of testing. [Regulation 19, §19.702 and/or Regulation 18, §18.1002 and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

8. The permittee will provide: [Regulation 19 , §19.702 and/or Regulation 18 , §18.1002

and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

a. Sampling ports adequate for applicable test methods b. Safe sampling platforms c. Safe access to sampling platforms d. Utilities for sampling and testing equipment

9. The permittee will operate equipment, control apparatus and emission monitoring

equipment within their design limitations. The permittee will maintain in good condition at all times equipment, control apparatus and emission monitoring equipment. [Regulation 19, §19.303 and/or Regulation 18, §18.1104 and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

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 19, §19.601 and/or Regulation 18, §18.1101 and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

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 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

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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. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

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. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

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 19, §19.410(A) and/or Regulation 18, §18.309(A) and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

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 '8 1 106 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 19, §19.407(B) and/or Regulation 18, §18.307(B) and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

15. This permit shall be available for inspection on the premises where the control apparatus

is located. [A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311] 16. This permit authorizes only those pollutant emitting activities addressed herein. [A.C.A.

§8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

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17. This permit supersedes and voids all previously issued air permits for this facility.

[Regulation 18 and 19 and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

18. The permittee must pay all permit fees in accordance with the procedures established in

Regulation No. 9. [A.C.A §8-1-105(c)]

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APPENDIX A