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John R. Kasich, Governor Mary Taylor, Lt. Governor Craig W. Butler, Director

50 West Town Street • Suite 700 • P.O. Box 1049 • Columbus, OH 43216-1049 www.epa.ohio.gov • (614) 644-3020 • (614) 644-3184 (fax)

3/14/2017

BETH MOWREY Shelly Liquid Division P.O. BOX 266 THORNVILLE, OH 43076

RE: FINALAIR POLLUTION PERMIT-TO-INSTALL AND OPERATE Facility ID: 0627000046 Permit Number: P0118909 Permit Type: Initial Installation County: Gallia

Dear Permit Holder:

Enclosed please find a final Ohio Environmental Protection Agency (EPA) Air Pollution Permit-to-Install and Operate (PTIO) which will allow you to install, modify, and/or operate the described emissions unit(s) in the manner indicated in the permit. Because this permit contains conditions and restrictions, please read it very carefully. In this letter you will find the information on the following topics:

 How to appeal this permit  How to save money, reduce pollution and reduce energy consumption  How to give us feedback on your permitting experience  How to get an electronic copy of your permit  What should you do if you notice a spill or environmental emergency?

How to appeal this permit

The issuance of this PTIO is a final action of the Director and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days after notice of the Director's action. The appeal must be accompanied by a filing fee of $70.00, made payable to "Ohio Treasurer Josh Mandel," which the Commission, in its discretion, may reduce if by affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice of the filing of the appeal shall be filed with the Director within three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal be served upon the Ohio Attorney General's Office, Environmental Enforcement Section. An appeal may be filed with the Environmental Review Appeals Commission at the following address:

Environmental Review Appeals Commission 77 South High Street, 17th Floor Columbus, OH 43215

Certified Mail

No TOXIC REVIEW No SYNTHETIC MINOR TO AVOID MAJOR NSR No CEMS No MACT/GACT No NSPS No NESHAPS No NETTING No MODELING SUBMITTED Yes SYNTHETIC MINOR TO AVOID TITLE V Yes FEDERALLY ENFORCABLE PTIO (FEPTIO) No SYNTHETIC MINOR TO AVOID MAJOR GHG

How to save money, reduce pollution and reduce energy consumption

The Ohio EPA is encouraging companies to investigate pollution prevention and energy conservation. Not only will this reduce pollution and energy consumption, but it can also save you money. If you would like to learn ways you can save money while protecting the environment, please contact our Office of Compliance Assistance and Pollution Prevention at (614) 644-3469. Additionally, all or a portion of the capital expenditures related to installing air pollution control equipment under this permit may be eligible for financing and State tax exemptions through the Ohio Air Quality Development Authority (OAQDA) under Ohio Revised Code Section 3706. For more information, see the OAQDA website: www.ohioairquality.org/clean_air

How to give us feedback on your permitting experience

Please complete a survey at www.epa.ohio.gov/survey.aspx and give us feedback on your permitting experience. We value your opinion.

How to get an electronic copy of your permit

This permit can be accessed electronically via the eBusiness Center: Air Services in Microsoft Word format or in Adobe PDF on the Division of Air Pollution Control (DAPC) Web page, www.epa.ohio.gov/dapc by clicking the "Search for Permits" link under the Permitting topic on the Programs tab.

What should you do if you notice a spill or environmental emergency?

Any spill or environmental emergency which may endanger human health or the environment should be reported to the Emergency Response 24-HOUR EMERGENCY SPILL HOTLINE toll-free at (800) 282-9378. Report non-emergency complaints to the appropriate district office or local air agency.

If you have any questions regarding your permit, please contact Ohio EPA DAPC, Southeast District Office at (740)385-8501 or the Office of Compliance Assistance and Pollution Prevention at (614) 644-3469.

Sincerely,

Michael E. Hopkins, P.E. Assistant Chief, Permitting Section, DAPC

Cc: Ohio EPA-SEDO

Response to Comments Shelly Liquid Division

Permit Number: P0118909 Facility ID: 0627000046

Response to Comments Facility ID: 0627000046 Facility Name: Shelly Liquid Division Facility Description: Liquid asphalt terminal.

Facility Address: 1400 State Route 7 North Gallipolis, OH 45631 Gallia County

Permit: P0118909, Permit-To-Install and Operate - Initial Installation A public notice for the draft permit issuance was published in the Ohio EPA Weekly Review and appeared in the Gallipolis Daily Tribune on 04/27/2016. The comment period ended on 05/27/2016. Hearing date (if held) Hearing Public Notice Date (if different from draft public notice)

The following comments were received during the comment period specified. Ohio EPA reviewed and considered all comments received during the public comment period. By law, Ohio EPA has authority to consider specific issues related to protection of the environment and public health. Often, public concerns fall outside the scope of that authority. For example, concerns about zoning issues are addressed at the local level. Ohio EPA may respond to those concerns in this document by identifying another government agency with more direct authority over the issue.

In an effort to help you review this document, the questions are grouped by topic and organized in a consistent format. PDF copies of the original comments in the format submitted are available upon request.

USEPA’s COMMENTS:

1. Topic: Title V Applicability

a. U.S. EPA Comment: The permit does not address or include Shelly Plant #2 (hot mix asphalt plant), which is situated on a contiguous property, for Title V applicability. Please evaluate total VOC emissions from both plants if determined to be a single source, and verify that a FEPTIO is the appropriate permit type.

b. Shelly Response to U.S. EPA Comment: Emissions from Shelly Plant #2 and Shelly Liquids should not be aggregated for purposes of Title V applicability. The SIC code is different for each facility (SLM is 5171 and Plant #2 is 2951). Furthermore, the Terminal is not a support facility for Plant #2 given that Plant #2 receives liquid asphalt from other sources and less than 10% of the liquid asphalt handled at the Terminal is sent to Plant #2.

c. Ohio EPA Response: A review of the major source definition in OAC rule 3745-77-01 shows that Shelly Liquid Materials and Shelly Plant #2 are (1) located on a contiguous or adjacent property; and (2) under common control of the same person(s); however, they do not belong to the same industrial grouping, nor is Shelly Liquid Materials considered a support facility, as Shelly Plant #2 does not receive more than 50% of the raw material from Shelly Liquid Materials (Shelly Liquid Materials has provided information via email on 6/22/16 that Shelly Plant #2 only receives 2.68% of liquid asphalt from the Gallipolis Terminal and that the other percentage

Response to Comments Shelly Liquid Division

Permit Number: P0118909 Facility ID: 0627000046

comes from other suppliers around the state and West Virginia). Based on the SIC being different for each facility, and SLM is not considered a support facility, these two facilities should not be aggregated for Title V applicability.

2. Topic: Monitoring and Recordkeeping Requirements of Liquid Asphalt Throughput [Section B.4.a)]

a. U.S. EPA Comment: Section B.4.a) contains monitoring and recordkeeping requirements to determine compliance with the operational restrictions at the source, with the throughput of liquid asphalt to be determined on a monthly basis. The condition does not specify the methodology with which the throughput will be determined; please specify the methodology, ensuring that the methodology has a level of accuracy appropriate to comply with limitations

b. Shelly Response to U.S. EPA Comment: Shelly will use existing equipment and procedures to measure the throughput of asphalt for each loading rack. The specific measurement techniques should not be established as explicit terms give that such terms could necessitate an excessive volume of permit revisions if Shelly elects to use or install an alternative monitoring technique.

c. Ohio EPA Response: Ohio EPA believes that the monitoring and/or recordkeeping requirements in B.4.a) will ensure compliance with the rolling 12-month period VOC emissions restriction.

3. Topic: Barge of Liquid Asphalt Material Analysis [Section B.4.b)]

a. U.S. EPA Comment: Section B.4.b) requires the facility to collect and analyze a sample of the liquid asphalt material for each barge received or maintain certified material analysis to verify the true vapor pressure of the incoming material. The condition does not specify a timeframe for analysis to be completed or procedures to follow if true vapor pressure is above limitation set in the permit, or reporting timeframe and submitting a corrective action report. Additionally, the condition specifies the true vapor pressure not exce