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RESPONSE TO COMMENTS Newberry Tanks & Equipment Inc PERMIT # 2206-A AFIN: 18-00077 On October 2,2009, the Director of the Arkansas Department of Environmental Quality gave notice of a draft permitting decision for the above referenced facility. During the comment period, one interested party on behalf of the facility submitted written comments, data, views, or arguments on the draft permitting decision. The Department's response to these issues follows. Note: The following page numbers and condition numhers refer to the draft permit. These references may have changed in the ]inal permit hased on changes made during the comment period. Comment #1: Specific Condition #9 - Add Acetone and Tert-Butyl Acetate as a cleaning agent for SN-01 and SN-02. Response to Comment #1: The department agrees. The following chart has been added to SC #16: Cleaning Agent Usage and Limits non-HAP, non-VOC cleaning VOC/HAP cleaning agents SN agents allowed SN-Ol & Acetone, Tcrt- Butyl Acetate, or Toluene or any non-HAP cleaning SN-02 agent VOC < 7.75 lb/gal SN-03 other cleaning agent with TLV>100 none allowed Plant Wide 300 gal/mo 24 gal/mo Limit* 3600 gal/yr 288 gal/yr * per consecutive twelve month period Comment #2: Specific Condition #14 and #15 - Increase Acetone usage and change to a facility wide condition. Response to Comment #2: The department agrees. SC#14 and #15 have been increased and moved to Facility Wide Conditions #16 and #17. Comment #3: Specific Condition #17 - Change the requirement "validate the MSDS sheets with each delivery" to once a year by January 1. Response to Comment #3: The department agrees. The condition will be updated. Page 1 of 1

VOC/HAP€¦ · THIS PERMIT IS THE ABOVE REFERENCED PERMITTEE'SAUTHORITY TO CONSTRUCT, MODIFY, OPERATE, AND/OR MAINTAIN THE EQUIPMENT AND/OR FACILITY IN THE MANNERAS SET FORTH IN

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Page 1: VOC/HAP€¦ · THIS PERMIT IS THE ABOVE REFERENCED PERMITTEE'SAUTHORITY TO CONSTRUCT, MODIFY, OPERATE, AND/OR MAINTAIN THE EQUIPMENT AND/OR FACILITY IN THE MANNERAS SET FORTH IN

RESPONSE TO COMMENTS

Newberry Tanks & Equipment IncPERMIT # 2206-AAFIN: 18-00077

On October 2,2009, the Director of the Arkansas Department of Environmental Quality gavenotice of a draft permitting decision for the above referenced facility. During the commentperiod, one interested party on behalf of the facility submitted written comments, data, views, orarguments on the draft permitting decision. The Department's response to these issues follows.

Note: The following page numbers and condition numhers refer to the draft permit. Thesereferences may have changed in the ]inal permit hased on changes made during the commentperiod.

Comment #1: Specific Condition #9 - Add Acetone and Tert-Butyl Acetate as a cleaningagent for SN-01 and SN-02.

Response to Comment #1: The department agrees. The following chart has been added toSC #16:

Cleaning Agent Usage and Limits

non-HAP, non-VOC cleaningVOC/HAP cleaning agents

SN agents allowed

SN-Ol & Acetone, Tcrt- Butyl Acetate, orToluene or any non-HAP cleaning

SN-02 agent VOC < 7.75 lb/galSN-03

other cleaning agent with TLV>100none allowed

Plant Wide 300 gal/mo 24 gal/moLimit* 3600 gal/yr 288 gal/yr

* per consecutive twelve month period

Comment #2: Specific Condition #14 and #15 - Increase Acetone usage and change to afacility wide condition.

Response to Comment #2: The department agrees. SC#14 and #15 have been increasedand moved to Facility Wide Conditions #16 and #17.

Comment #3: Specific Condition #17 - Change the requirement "validate the MSDS sheetswith each delivery" to once a year by January 1.

Response to Comment #3: The department agrees. The condition will be updated.

Page 1 of 1

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ADEQARK A N S A SDepartment of Environmental Quality

December 4, 2009

Anderson Scott, PresidentNewberry Tanks & Equipment Inc.205 North WalkerWest Mempis, AR 72301

Dear Mr. Scott:

The enclosed Permit No. 2206-A is your authority to construct, operate, and maintain theequipment and/or control apparatus as set forth in your application initially received on4/1312009.

After considering the facts and requirements of A.C.A. §8-4-10l et seq., and implementingregulations, I have determined that Permit No. 2206-A for the construction, operation andmaintenance of an air pollution control system for Newberry Tanks & Equipment Inc. to beissued and effective on the date specified in the permit, unless a Commission review has beenproperly requested under Arkansas Department of Pollution Control & Ecology Commission'sAdministrative Procedures, Regulation 8.603, within thirty (30) days after service of thisdecision.

All persons submitting written comments during this thirty (30) day period, and all other personsentitled to do so, may request an adjudicatory hearing and Commission review on whether thedecision of the Director should be reversed or modified. Such a request shall be in the form andmanner required by Regulation 8.603, including filing a written Request for Hearing with theAPC&E Commission Secretary at 101 E. Capitol Ave., Suite 205, Little Rock, Arkansas 72201.If you have any questions about filing the request, please call the Commission at 501-682-7890.

Sincerely,

Mike BatesChief, Air Division

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY

5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880www.adeq.state.ar.us

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ADEQMINOR SOURCE

AIR PERMITPermit No.: 2206-A

IS ISSUED TO:

Newberry Tanks & Equipment Inc.205 North Walker

West Memphis, AR 72301Crittenden County~AFIN: 18-00077

THIS PERMIT IS THE ABOVE REFERENCED PERMITTEE'S AUTHORITY TOCONSTRUCT, MODIFY, OPERATE, AND/OR MAINTAIN THE EQUIPMENT AND/ORFACILITY IN THE MANNER AS SET FORTH IN THE DEPARTMENT'S MINOR SOURCEAIR PERMIT AND THE APPLICATION. THIS PERMIT IS ISSUED PURSUANT TO THEPROVISIONS OF THE ARKANSAS WATER AND AIR POLLUTION CONTROL ACT(ARK. CODE ANN. SEC. 8-4-101 ET SEQ.) AND THE REGULATIONS PROMULGATEDTHEREUNDER, AND IS SUBJECT TO ALL LIMITS AND CONDITIONS CONTAINEDHEREIN.

Signed:

Mike BatesChief, Air Division

December 4, 2009

Date

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Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

Table of Contents

Section I: FACILITY INFORMAnON 4Section II: INTRODUCTION 5

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

Section III: PERMIT HISTORY 7Section IV: EMISSION UNIT INFORMATION 8

SN-Ol & SN-02 Conditions 9SN-03 Conditions 9Facility Wide Conditions 10

Section V: INSIGNIFICANT ACTIVITIES 12Section VI: GENERAL CONDITIONS 13

2

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Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

List of Acronyms and Abbreviations

A.c.A.

AFIN

CFR

CO

HAP

lblhr

No.

NOx

PM

PM10

SOz

Tpy

UTM

VOC

Arkansas Code Annotated

ADEQ Facility Identification Number

Code ofFederal Regulations

Carbon Monoxide

Hazardous Air Pollutant

Pound Per Hour

Number

Nitrogen Oxide

Particulate Matter

Particulate Matter Smaller Than Ten Microns

Sulfur Dioxide

Tons Per Year

Universal Transverse Mercator

Volatile Organic Compound

3

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Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

Section I: FACILITY INFORMATION

PERMITTEE: Newberry Tanks & Equipment Inc.

AFIN: 18-00077

PERMIT NUMBER: 2206-A

FACILITY ADDRESS: 205 North WalkerWest Memphis, AR 72301

MAILING ADDRESS: 205 North WalkerWest Mempis, AR 72301

COUNTY: Crittenden County

CONTACT NAME: Anderson Scott

CONTACT POSITION: President

TELEPHONE NUMBER: 870-753-4473

REVIEWING ENGINEER: Andrea Sandage

UTM North South (Y):

UTM East West (X):

Zone 15: 3893120.58 m

Zone 15: 759698.51 m

4

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Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: J8-00077

Section II: INTRODUCTION

Summary of Permit Activity

The Newberry Tanks & Equipment, Inc, is located in West Memphis at 205 North Walker. Thefacility manufactures both above and underground steel storage tanks and coats them accordingto consumer specifications. This is the initial permit for the existing facility.

Process Description

The facility has three booths in which coatings to the tanks can be applied. Two booths arededicated to paint and primer. The third booth is for fiberglass coating. Tanks are assembledand welded by hand from rolled sheets of steel in the manufacturing building. Tanks aretransferred to the media blasting building to prepare the exterior finish for paint or fiberglass.Tanks are then transferred to the paint booth or fiberglass booth. The coating is applied andallowed to dry in the booth. The finished tanks are then moved to inventory outside or loadedfor shipment.

Regulations

The following table contains the regulations applicable to this permit.

Regulations

Arkansas Air Pollution Control Code, Regulation 18, effective January 25, 2009

Regulations of the Arkansas Plan of Implementation for Air Pollution Control,Regulation 19, effective July 18, 2009

Total Allowable Emissions

The following table is a summary of emissions from the facility. This table, in itself, is not anenforceable condition of the permit.

TOTAL ALLOWABLE EMISSIONS

Emission RatesPollutant

lb/hr tpy

VOC 269.6 26.2

Total HAP 245.25 18.72

Xylene 110.04 5.31

5

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Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

TOTAL ALLOWABLE EMISSIONS

Emission RatesPollutant

lb/hr tpy

Ethyl Benzene 37.72 1.61

Toluene 30.90 2.73

Styrene 62.40 8.66

Dimethyl Phtalate 4.19 0.41

Acetone** 7.6 11.9

T-Butyl Acetate**t 8.6 13.4

**Acetone and T-Butyl Acetate are considered aircontaminants and are not included in other totals.

T or other non-HAP, non-VOC air contaminantwith TLV > 100

6

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Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

Section III: PERMIT HISTORY

2206-A This was the initial permit assigned to the facility.

7

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Newberry Tanks & Equipment Inc.Pennit #: 2206-AAFIN: 18-00077

Section IV: EMISSION UNIT INFORMATION

Specific Conditions

1. The pennittee shall not exceed the emission rates set forth in the following table.[Regulation 19, §19.501 et seq., and AC.A §8-4-203 as referenced by AC.A §8-4-304and §8-4-3l 1]

Criteria Pollutants

SN Description Pollutant Ib/hr tpy

SN-01 Paint Booth #1 VOC 98.7

SN-02 Paint Booth #2 VOC 98.7 26.2*

SN-03 Fiberglass Booth VOC 72.2

* Plant wide limit ofVOC

2. The pennittee shall not exceed the emission rates set forth in the following table.[Regulation 18, §18.801 and A.C.A. §8-4-203 as referenced by A.C.A §8-4-304 and §8­4-311]

Non-Criteria Pollutants

SN Description Pollutant Ib/hr tpy

Xylene 55.02

SN-01 Paint Booth #1 Ethyl Benzene 18.86

Toluene 30.40*

Xylene 55.02

SN-02 Paint Booth #2 Ethyl Benzene 18.86

Toluene 0.50

Styrene 62.40 8.66SN-03 Fiberglass Booth Dimethyl

Phtalate4.19 0.41

Acetone 7.6 11.9Plant Wide T-Butyl

Acetate t 8.6 13.4

*Bubbled TPY emissions per Condition # 3

t or other non-HAP, non-VOC air contaminant with TLV > 100

3. SN-Ol and SN-02 are limited to a twelve month rolling total of the following: Xylene­5.31 tpy, Ethyl Benzene- 1.61 tpy, and Toluene-2.73 tpy. [Regulation 19, §19.501 etseq., and A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

8

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Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

4. The permittee shall not cause or permit the emission of air contaminants, including odorsor water vapor and including an air contaminant whose emission is not otherwiseprohibited by Regulation #18, if the emission of the air contaminant constitutes airpollution within the meaning of A.C.A. §8-4-303. [Regulation 18, §18.801 andACk §8-4-203 as referenced by AC.A §8-4-304 and §8-4-311)

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

SN-Ol & SN-02 Conditions

6. The permittee is limited to a paint VOC content of 4.74 Ib/gallon. [Regulation 19,§19.705 and A.c.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311].

7. The permittee is limited to hazardous air pollutant (HAP) containing materials which domeet the requirements of the following table. [§ 18.1004 of Regulation 18 and A.C.A. §8­4-203 as referenced by §8-4-304 and §8-4-311]

Paint Parameters

HAPXylene Ethyl Benzene Toluene

Maximum Ib/gal

SN-Ol 3.30 1.13 1.47

SN-02 3.30 1.13 -

8. The permittee shall maintain monthly records of the lb/gal VOC and of each HAP inpaints used to demonstrate compliance with Specific Condition #6 and #7. The permitteeshall update the records by the fifteenth day of the month following the month to whichthe records pertain. The permittee will keep the records onsite, and make the recordsavailable to Department personnel upon request. [§19.705 of Regulation 19, §18.1004 ofRegulation 18, and A.C.A §8-4-203 as referenced by AC.A. §8-4-304 and §8-4-311]

SN-03 Conditions

9. The permittee may not exceed the styrene content of 48.5 % for the MechanicalAtomized with Robotic Spray Control method of resin application. [§19.705 ofRegulation 19, §18.1004 of Regulation 18, and AC.A §8-4-203 as referenced by §8-4­304 and §8-4-311]

10. The permittee may not exceed a dimethyl phthalate content of 3.94 Ib/gallon and a VOCcontent of9.17lb/gallon in any catalyst used at this source. [§18.1004 of Regulation 18and A.C.A §8-4-203 as referenced by §8-4-304 and §8-4-311]

9

Page 12: VOC/HAP€¦ · THIS PERMIT IS THE ABOVE REFERENCED PERMITTEE'SAUTHORITY TO CONSTRUCT, MODIFY, OPERATE, AND/OR MAINTAIN THE EQUIPMENT AND/OR FACILITY IN THE MANNERAS SET FORTH IN

Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

11. The permittee will maintain records of percent styrene content of the resin and the lb/galofdimethyl phthalate and VOC in the catalyst used to demonstrate compliance withSpecific Conditions #9 & #10. These records wi II be updated as needed, kept on site, andwill be made available to Depmiment personnel upon request. [§ 18.1004 of Regu lation18 and A.CA. §8-4-203 as referenced by §8-4-304 and §8-4-311]

Facility Wide Conditions

12. The permittee will keep all booth doors closed during spraying. [§ 18.501 of Regulation18 and ACA §8-4-203 as referenced by §8-4-304 and §8-4-311]

13. The permittee will maintain monthly records of HAP and VOC emissions from allsources which demonstrate compliance with Specific Condition #1, #2, and #3. Thepermittee shall maintain the Material Data Safety Sheets (MSDS) on-site and validatethat all MSDS sheets are current once a year by January 1. The permittee will maintain atwelve month rolling total and each individual month's data on site and make theserecords available to Department personnel upon request. The pennittee will update therecords by the fifteenth day of the month following the month to which the recordspertain. [§19.705 of Regulation 19, §18.1004 of Regulation 18, and ACA. §8-4-203 asreferenced by §8-4-304 and §8-4-311]

14. The permittee will limit all booth operation hours to 16 hours per day. [§ 18.1 004 ofRegulation 18, and ACA §8-4-203 as referenced by §8-4-304 and §8-4-311]

15. The permittee will maintain monthly records of hours of operation which demonstratecompliance with Specific Condition #14. The permittee will maintain a twelve monthrolling total and each individual month's data on site and make these records available toDepartment personnel upon request. The pennittee will update the records by thefifteenth day of the month following the month to which the records pertain. [§ 19.705 ofRegulation 19, §18.1004 of Regulation 18, and A.CA §8-4-203 as referenced by§8-4-304 and §8-4-311 ].

16. The permittee shall clean equipment with a cleaning agent based on the following chart.[§19.705 of Regulation 19, §18.1004 of Regulation 18, and A.CA. §8-4-203 asreferenced by A.CA. §8-4-304 and §8-4-311].

I Cleaning Agent Usage and Limits Inon-HAP, non-VOC cleaning

VOC/HAP cleaning agentsSN agents allowed

SN-01 & Acetone, Tert - Butyl Acetate, or Toluene or any non-HAP cleaningSN-02

other cleaning agent with TLV> 100 agent VOC < 7.75 Ib/galSN-03 none allowed

Plant Wide 300 gal/mo 24 gal/moLimit* 3600 gaIlyr 288 gal/yr

* per consecutive twelve month period

10

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Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

17. The permittee will maintain records of cleaner usage to demonstrate compliance withSpecific Condition #16. The permittee will maintain a twelve month rolling total andeach individual month's data on site and make these records available to Departmentpersonnel upon request. The permittee will update the records by the fifteenth day of themonth following the month to which the records pertain. [§19.705 of Regulation 19 andA.C.A. §8-4-203 as referenced by §8-4-304 and §8-4-311]

11

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Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

Section V: INSIGNIFICANT ACTIVITIES

The Department deems the following types of activities or emissions as insignificant on the basisof size, emission rate, production rate, or activity in accordance with Group A of theInsignificant Activities list found in Regulation 18 and 19 Appendix A. Insignificant activityemission determinations rely upon the information submitted by the permittee in an applicationdated April 13, 2009.

Description Category

Welding & Grinding A7

Grit Blasting A13

Concrete Batching A13

12

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Newberry Tanks & Equipment Inc.Pennit #: 2206-AAFIN: 18-00077

Section VI: GENERAL CONDITIONS

1. Any tenns or conditions included in this pennit that specify and reference ArkansasPollution Control & Ecology Commission Regulation 18 or the Arkansas Water and AirPollution Control Act (A.C.A 158-4-101 et sea.) as the sole origin of and authoritv for the"V ... , _ ""

tenns or conditions are not required under the Clean Air Act or any of its applicablerequirements, and are not federally enforceable under the Clean Air Act. ArkansasPollution Control & Ecology Commission Regulation 18 was adopted pursuant to theArkansas Water and Air Pollution Control Act (AC.A. §8-4-I01 et seq.). Any tenns orconditions included in this pennit that specify and reference Arkansas Pollution Control& Ecology Commission Regulation 18 or the Arkansas Water and Air Pollution ControlAct (AC.A §8-4-101 et seq.) as the origin of and authority for the tenns or conditionsare enforceable under this Arkansas statute.

2. This pennit does not relieve the owner or operator of the equipment and/or the facilityfrom compliance with all applicable provisions of the Arkansas Water and Air PollutionControl Act and the regulations promulgated under the Act. [A.C.A §8-4-203 asreferenced by AC.A. §8-4-304 and §8-4-31I]

3. The pennittee shall notify the Department in writing within thirty (30) days aftercommencement of construction, completion of construction, first operation of equipmentand/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 AC.A §8-4-304 and§8-4-311 ]

4. Construction or modification must commence within eighteen (18) months from the dateof pennit issuance. [Regulation 19, §I9.410(B) and/or Regulation 18, §18.309(B) andA.C.A §8-4-203 as referenced by AC.A §8-4-304 and §8-4-3I1]

5. The pennittee must keep records for five years to enable the Department to detenninecompliance with the tenns of this pennit such as hours of operation, throughput, upsetconditions, and continuous monitoring data. The Department may use the records, at thediscretion of the Department, to detennine compliance with the conditions ofthe pennit.[Regulation 19, §19.705 and/or Regulation 18, §18.1004 and A.C.A. §8-4-203 asreferenced by AC.A §8-4-304 and §8-4-311]

6. A responsible official must certify any reports required by any condition contained in thispennit and submit any reports to the Department at the address below. [Regulation 19,§I9.705 and/or Regulation 18, §18.1004 and A.C.A. §8-4-203 as referenced by AC.A§8-4-304 and §8-4-311]

Arkansas Department of Environmental QualityAir DivisionATTN: Compliance Inspector Supervisor

13

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Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

5301 Northshore DriveNorth Little Rock, AR 72118-5317

7. The permittee shall test any equipment scheduled for testing, unless stated in the SpecificConditions ofthis pennit or by any federally regulated requirements, within the followingtime frames: (1) newly constructed or modified equipment within sixty (60) days ofachieving the maximum production rate, but no later than 180 days after initial start up ofthe pennitted source or (2) existing equipment already operating according to the timeframes set forth by the Department. The pennittee must notify the Department of thescheduled date of compliance testing at least fifteen (15) days in advance of such test.The pennittee 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,§18.1 002 and A.c.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

8. The pennittee shall provide: [Regulation 19 , §19.702 and/or Regulation 18 , §18.1 002and 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 platfonns;c. Safe access to sampling platforms; andd. Utilities for sampling and testing equipment

9. The pennittee shall operate equipment, control apparatus and emission monitoringequipment within their design limitations. The permittee shall maintain in goodcondition at all times equipment, control apparatus and emission monitoring equipment.[Regulation 19, §19.303 and/or Regulation 18, §18.11 04 and A.C.A. §8-4-203 asreferenced by A.C.A. §8-4-304 and §8-4-3ll]

10. Ifthe pennittee exceeds an emission limit established by this permit, the permittee will bedeemed in violation of said permit and will be subject to enforcement action. TheDepartment may forego enforcement action for emissions exceeding any limitsestablished by this permit provided the following requirements are met: [Regulation 19,§19.601 and/or Regulation 18, §18.l101 andA.C.A. §8-4-203 asreferencedbyA.C.A.§8-4-304 and §8-4-311 ]

a. The pennittee demonstrates to the satisfaction of the Department that theemissions resulted from an equipment malfunction or upset and are not the resultof negligence or improper maintenance, and the permittee took all reasonablemeasures to immediately minimize or eliminate the excess emissions.

b. The pennittee reports the occurrence or upset or breakdown of equipment (bytelephone, facsimile, or overnight delivery) to the Department by the end of thenext business day after the occurrence or the discovery of the occurrence.

c. The pennittee must submit to the Department, within five business days after theoccurrence or the discovery of the occurrence, a full, written report of suchoccurrence, including a statement of all known causes and of the scheduling and

14

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Newberry Tanks & Equipment Inc.Pennit #: 2206-AAFIN: 18-00077

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 suchconditions, to minimize the amount by which said limits are exceeded, and toreduce the length oftime for which said limits are exceeded. If the infonnation isincluded in the initial renort. the infonnation need not he suhmitteo again.

~ ~ - - - - - - -- - ---- - - - _. ~"O---_·_·

11. The pennittee shall allow representatives ofthe Department upon the presentation ofcredentials: [A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-3l1]

a. To enter upon the pennittee's premises, or other premises under the control of thepennittee, where an air pollutant source is located or in which any records arerequired to be kept under the tenns and conditions of this pennit;

b. To have access to and copy any records required to be kept under the tenns andconditions of this pennit, or the Act;

c. To inspect any monitoring equipment or monitoring method required in thispennit;

d. To sample any emission ofpollutants; ande. To perfonn an operation and maintenance inspection of the pennitted source.

12. The Department issued this pennit in reliance upon the statements and presentationsmade in the pennit application. The Department has no responsibility for the adequacy orproper functioning of the equipment or control apparatus. [A.C.A. §8-4-203 asreferenced by A.C.A. §8-4-304 and §8-4-311]

13. The Department may revoke or modify this pennit when, in the judgment of theDepartment, such revocation or modification is necessary to comply with the applicableprovisions of the Arkansas Water and Air Pollution Control Act and the regulationspromulgated the Arkansas Water and Air Pollution Control Act. [Regulation 19,§19.4l0(A) and/or Regulation 18, §l8.309(A) and A.C.A. §8-4-203 as referenced byA.C.A. §8-4-304 and §8-4-3l1]

14. This pennit may be transferred. An applicant for a transfer must submit a written requestfor transfer of the pennit on a fonn provided by the Department and submit the disclosurestatement required by Arkansas Code Annotated §8-1-106 at least thirty (30) days inadvance of the proposed transfer date. The pennit will be automatically transferred to thenew pennittee unless the Department denies the request to transfer within thirty (30) daysof the receipt of the disclosure statement. The Department may deny a transfer on thebasis of the infonnation revealed in the disclosure statement or other investigation or,deliberate falsification or omission of relevant infonnation. [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. §8-4­304 and §8-4-311]

15. This pennit shall be available for inspection on the premises where the control apparatusis located. [A.C.A. §8-4-203 as referenced by A.C.A. §8-4-304 and §8-4-311]

15

Page 18: VOC/HAP€¦ · THIS PERMIT IS THE ABOVE REFERENCED PERMITTEE'SAUTHORITY TO CONSTRUCT, MODIFY, OPERATE, AND/OR MAINTAIN THE EQUIPMENT AND/OR FACILITY IN THE MANNERAS SET FORTH IN

Newberry Tanks & Equipment Inc.Permit #: 2206-AAFIN: 18-00077

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]

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 §8-4­311]

18. The permittee must pay all permit fees in accordance with the procedures established inRegulation No.9. [A.C.A §8-1-105(c)]

19. The permittee may request in writing and at least 15 days in advance of the deadline, anextension to any testing, compliance or other dates in this permit. No such extensions areauthorized until the permittee receives written Department approval. The Departmentmay 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; andc. The permittee documents that all reasonable measures have been taken to meet

the current deadline and documents reasons it cannot be met.

[Regulation 18, §18.314(A), Regulation 19, §19.416(A), A.C.A. §8-4-203 as referencedby A.C.A. §8-4-304 and §8-4-311, and 40 CFR Part 52, Subpart E]

20. The permittee may request in writing and at least 30 days in advance, temporaryemissions and/or testing that would otherwise exceed an emission rate, throughputrequirement, or other limit in this permit. No such activities are authorized until thepermittee receives written Department approval. Any such emissions shall be included inthe facilities total emissions and reported as such. The Department may grant such arequest, 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 thedate/time such emission will occur;

e. Such a request will result in increased emissions less than five tons of anyindividual criteria pollutant, one ton of any single HAP and 2.5 tons of totalHAPs; and

f. The permittee maintains records of the dates and results of such temporaryemissions/testing.

[Regulation 18, §18.314(B), Regulation 19, §19.416(B), A.C.A. §8-4-203 as referencedby A.c.A. §8-4-304 and §8-4-311, and 40 CFR Part 52, Subpart E]

16

Page 19: VOC/HAP€¦ · THIS PERMIT IS THE ABOVE REFERENCED PERMITTEE'SAUTHORITY TO CONSTRUCT, MODIFY, OPERATE, AND/OR MAINTAIN THE EQUIPMENT AND/OR FACILITY IN THE MANNERAS SET FORTH IN

Newberry Tanks & Equipment Inc.Pennit #: 2206-AAFIN: 18-00077

21. The pennittee may request in writing and at least 30 days in advance, an alternativeto the specified monitoring in this pennit. No such alternatives are authorized until thepennittee receives written Department approval. The Department may grant such arequest, 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; andc. Any such request, if approved, is incorporated in the next pennit modification

application by the pennittee.

[Regulation 18, §18.3l4(C), Regulation 19, §19.416(C), A.C.A. §8-4-203 as referencedby A.C.A. §8-4-304 and §8-4-311, and 40 CFR Part 52, Subpart E]

17

Page 20: VOC/HAP€¦ · THIS PERMIT IS THE ABOVE REFERENCED PERMITTEE'SAUTHORITY TO CONSTRUCT, MODIFY, OPERATE, AND/OR MAINTAIN THE EQUIPMENT AND/OR FACILITY IN THE MANNERAS SET FORTH IN

CERTIFICATE OF SERVICE

I, Pam Owen, hereby certify that a copy of this permit has been mailed by first class mail to

Newberry Tanks & Equipm~nt Inc., 205 North Walker, West IvIempis, AR, 72301, on this

'! 1\ . '~ ':,/ l~ 7., --, t 'j/__-'- dayof .J./-,t.J· i f ,,-..-'<.1 ,2009.

Pam Owen, AAII, Air Division