![](media/image1.jpeg){width="0.8979166666666667in"
height="0.8888888888888888in"}**NAVAJO NATION ENVIRONMENTAL PROTECTION
AGENCY**

**Office of the Executive Director**

**Post Office Box 339, Window Rock, AZ 86515**

**Telephone (928) 871-7692, Fax (928) 871-7996**

Dr. Joe Shirley, Jr. Ben Shelly

PRESIDENT VICE PRESIDENT

**[[TITLE V PERMIT TO OPERATE]{.underline}]{.smallcaps}**

[[Permit #:]{.underline} [Facility Name:]{.underline}
[Location:]{.underline} [County:]{.underline}
[State:]{.underline}]{.smallcaps}

[NN OP 05-008 El Paso Natural Gas Company Newcomb san juan
NM]{.smallcaps}

[- White Rock Compressor Station]{.smallcaps}

[[Issue Date:]{.underline} [Expiration Date:]{.underline} [AFS Plant
ID:]{.underline} [Permitting Authority:]{.underline}]{.smallcaps}

[xx/xx/2008 xx/xx/2013]{.smallcaps} 35-045-NAV97 [NNEPA]{.smallcaps}

[**[Action/Status:]{.underline}** Draft Part 71 Operating Permit
Renewal]{.smallcaps}

Sam A. Armenta, Albuquerque Division Director

El Paso Natural Gas Company (EPNG) - White Rock Compressor Station

3801 Atrisco Blvd., NW

Albuquerque, New Mexico 87120

> Re: Issuance of Title V Operating Permit Renewal to El Paso Natural
> Gas Company (EPNG) - White Rock Compressor Station

Dear Mr. Armenta:

This permit is being issued and administered by the Navajo Nation EPA
("NNEPA") pursuant to the Delegation Agreement between EPA Region IX and
NNEPA, dated October 15, 2004. In accordance with the provisions of
Title V of the Clean Air Act, 40 CFR Part 71, Navajo Nation Operating
Permit Regulations, and all other applicable rules and regulations, the
Permittee, El Paso Natural Gas Company (EPNG) - White Rock Compressor
Station, is authorized to operate air emission units and to conduct
other air pollutant-emitting activities in accordance with the permit
conditions listed in this permit.

Terms and conditions not otherwise defined in this permit have the same
meaning as assigned to them in the referenced regulations. All terms and
conditions of the permit are enforceable by NNEPA and by EPA, as well as
by citizens, under either or both the Navajo Nation Clean Air Act and
the Clean Air Act, as applicable. If all proposed control measures
and/or equipment are not installed and/or properly operated and
maintained, this will be considered a violation of the permit.

This permit is valid for a period of five (5) years and shall expire at
midnight on the date five (5) years after the date of issuance unless a
timely and complete renewal application has been submitted at least 6
months but not more than 18 months prior to the date of expiration. The
permit number cited above should be referenced in future correspondence
regarding this facility.

Date Stephen B. Etsitty

Executive Director

Navajo Nation Environmental Protection Agency

**Abbreviations and Acronyms**

Administrator Administrator of the U.S. EPA

AR Acid Rain

ARP Acid Rain Program

CAA Clean Air Act \[42 U.S.C. Section 7401 et seq.\]

CAM Compliance Assurance Monitoring

CFR Code of Federal Regulations

EIP Economic Incentives Program

gal gallon

HAP Hazardous Air Pollutant

hp horse power

hr hour

Id. No. Identification Number

ISO International Standards Organization

kg kilogram

lb pound

MMBtu million British Thermal Units

mo month

NESHAP National Emission Standards for Hazardous Air Pollutants

NNEPA Navajo Nation Environmental Protection Agency

NNOPR Navajo Nation Operating Permit Regulations

NNADCR Navajo Nation Acid Deposition Control Regulations

NO~X~ Nitrogen Oxides

NSPS New Source Performance Standards

NSR New Source Review

PM Particulate Matter

PM-10 Particulate matter less than 10 microns in diameter

ppm parts per million

PSD Prevention of Significant Deterioration

PTE Potential to Emit

psia pounds per square inch absolute

RMP Risk Management Plan

SNAP Significant New Alternatives Program

SO~2~ Sulfur Dioxide

TSP Total Suspended Particulate

U.S. EPA United States Environmental Protection Agency

VOC Volatile Organic Compounds

**TABLE OF CONTENTS**

Cover Page

Abbreviations and Acronyms

**I. Source Identification**

**II. Requirements for Specific Units**

> A. PSD Provisions
>
> B. NSPS General Provisions
>
> C. NSPS Requirements
>
> D. Operational Flexibility

**III. Facility-Wide or Generic Permit Conditions**

> A. Testing Requirements
>
> B. Recordkeeping Requirements
>
> C. Reporting Requirements
>
> D. Stratospheric Ozone and Climate Protection
>
> E. Asbestos from Demolition and Renovation
>
> F. Compliance Schedule

**IV. Title V Administrative Requirements**

> A. Fee Payment
>
> B. Blanket Compliance Statement
>
> C. Compliance Certifications
>
> D. Duty to Provide and Supplement Information
>
> E. Submissions
>
> F. Severability Clause
>
> G. Permit Actions
>
> H. Administrative Permit Amendments
>
> I. Minor Permit Modifications
>
> J. Group Processing of Minor Permit Amendments
>
> K. Significant Modifications
>
> L. Reopening for Cause
>
> M. Property Rights
>
> N. Inspection and Entry
>
> O. Emergency Provisions
>
> P. Transfer of Ownership or Operation
>
> Q. Off Permit Changes
>
> R. Permit Expiration and Renewal

**I.** **Source Identification**

-   Parent Company Name: El Paso Natural Gas Company

-   Parent Company Mailing 2 North Nevada Avenue

> Address: Colorado Springs, Colorado 80903

-   Plant Name: El Paso Natural Gas Company - White Rock Compressor
    Station

-   Plant Location: NE 1/4 of Section 15, Township 23-N,

> Range 14-W, 22 miles east of Newcomb, NM

-   County: San Juan, New Mexico

-   EPA Region: 9

-   Reservation: Navajo Nation

-   Tribe: Navajo

-   Company Contact: Richard Duarte Phone: (505) 831-7763

-   Responsible Official: Sam A. Armenta Phone: (505) 831-7772

-   EPA Contact: Roger Kohn Phone: (415) 972-3973

-   Tribal Contacts: Eugenia Quintana Phone: (928) 871-7800 Charlene
    Nelson Phone: (928) 729-4247

-   SIC Code: 4922

-   AFS Plant Identification Number: 35-045-NAV97

-   Description of Process: The facility is a natural gas compressor
    station.

-   Significant Emission Units:

+----------+--------------------------+-----------+-----------+-------+
| **Unit   | **Unit Description**     | **Maximum | **        | **Co  |
| ID/**    |                          | C         | Commenced | ntrol |
|          |                          | apacity** | Con       | Dev   |
| **Stack  |                          |           | struction | ice** |
| ID**     |                          |           | Date**    |       |
+==========+==========================+===========+===========+=======+
| A-01     | One (1) natural          | 79.2      | Installed | N/A   |
|          | gas-fired                | MMBtu/hr  | in 1966   |       |
|          | regenerative-cycle       |           | and       |       |
|          | turbine                  | 6,668 hp  | modified  |       |
|          |                          |           | in 2001   |       |
+----------+--------------------------+-----------+-----------+-------+
| A-02     | One (1) natural          | 93.9      | 1991      | N/A   |
|          | gas-fired regenerative   | MMBtu/hr  |           |       |
|          | cycle turbine w/ dry low |           |           |       |
|          | NOx combustion           | 9,716 hp  |           |       |
+----------+--------------------------+-----------+-----------+-------+
| AUX A-01 | One (1) natural          | 2.6       | 2005      | N/A   |
|          | gas-fired RICE, for      | MMBtu/hr  |           |       |
|          | auxiliary power          |           |           |       |
|          | generation               | 672 hp    |           |       |
+----------+--------------------------+-----------+-----------+-------+
| AUX A-02 | One (1) natural          | 4.4       | 1991      | N/A   |
|          | gas-fired RICE, for      | MMBtu/hr  |           |       |
|          | auxiliary power          |           |           |       |
|          | generation               | 400 hp    |           |       |
+----------+--------------------------+-----------+-----------+-------+

**II. Requirements for Specific Units**

**II.A PSD Requirements**

> 1\. Pursuant to PSD-NM-1000-B, issued on July 29, 2005, the Permittee
> shall not exceed the emissions listed in the table below. The hourly
> NOx and CO emission rates listed below are directly enforceable. Any
> proposed increase in emission rates may require an application for a
> modification of the facilities covered by permit no. PSD-NM-1000-B.
> \[Permit no. PSD-NM-1000-B, Special Condition VI.A\]

  ---------- --------------------------------- ---------------- -----------
  Emission   Emission Unit                     Emission Rates   
  Unit ID#                                     (lb/hr)          

                                               NOx              CO

  A-01       One (1) natural gas-fired         40.41            7.33
             regenerative-cycle turbine                         

  A-02       One (1) natural gas-fired         15.16            10.68
             regenerative cycle turbine w/ dry                  
             low NOx combustion                                 

  AUX A-01   One (1) natural gas-fired RICE,   1.61             3.02
             for auxiliary power generation                     

  AUX A-02   One (1) natural gas-fired RICE,   8.00             1.00
             for auxiliary power generation                     
  ---------- --------------------------------- ---------------- -----------

  ---------- --------------------------------- ---------------- -----------
  Emission   Emission Unit                     Emission Rates   
  Unit ID#                                     (tons/yr)        

                                               NOx              CO

  A-01       One (1) natural gas-fired         177              32.1
             regenerative-cycle turbine                         

  A-02       One (1) natural gas-fired         66.4             46.8
             regenerative cycle turbine w/ dry                  
             low NOx combustion                                 

  AUX A-01   One (1) natural gas-fired RICE,   7.05             13.22
             for auxiliary power generation                     

  AUX A-02   One (1) natural gas-fired RICE,   2.0              0.05
             for auxiliary power generation                     
  ---------- --------------------------------- ---------------- -----------

> 2\. The emission concentration of nitrogen oxides (NOx) in the stack
> gases from the gas turbine identified as emission point A-01 shall not
> exceed 166 parts per million by volume (ppmv). Measured stack
> concentrations shall be expressed on a dry basis at 15 percent oxygen.
> \[Permit no. PSD-NM-1000-B, Special Condition VI.C.a\]
>
> 3\. The emission concentration of carbon monoxide (CO) in the stack
> gases from the gas turbine identified as emission point A-01 shall not
> exceed 50 parts per million by volume (ppmv). Measured stack
> concentrations shall be expressed on a dry basis at 15 percent oxygen.
> \[Permit no. PSD-NM-1000-B, Special Condition VI.D.a\]
>
> 4\. The emission concentration of nitrogen oxides (NOx) in the stack
> gases from the gas turbine identified as emission point A-02 shall not
> exceed 42 parts per million by volume (ppmv). Measured stack
> concentrations shall be expressed on a dry basis at 15 percent oxygen.
> \[Permit no. PSD-NM-1000-B, Special Condition VI.C.b\]
>
> 5\. The emission concentration of carbon monoxide (CO) in the stack
> gases from the gas turbine identified as emission point A-02 shall not
> exceed 61 parts per million by volume (ppmv). Measured stack
> concentrations shall be expressed on a dry basis at 15 percent oxygen.
> \[Permit no. PSD-NM-1000-B, Special Condition VI.D.b\]
>
> 6\. Emissions from the gas turbines shall not exceed 10 percent
> opacity, as determined by EPA Reference Method 9. \[Permit no.
> PSD-NM-1000-B, Special Condition VI.E\]
>
> 7\. Fuel fired at this facility is limited to pipeline quality sweet
> natural gas containing a maximum of 0.25 grains of Hydrogen Sulfide
> and 5.0 grains total sulfur per 100 dry standard cubic feet. Use of
> any other fuel will require a modification to this permit. \[Permit
> no. PSD-NM-1000-B, Special Condition VI.G\]

**Work Practice and Operational Requirements**

> 8\. Operation of the emergency generator, identified as emission point
> AUX A-02, shall be limited only to times when the full-time generator,
> identified as emission point AUX A-01, is not operational. \[Permit
> no. PSD-NM-1000-B, Special Condition VI.H\]

**Monitoring and Testing Requirements**

> 9\. It shall be the responsibility of the permittee to demonstrate or
> otherwise justify the equivalency of emission control methods,
> sampling or other emission testing methods and monitoring methods
> proposed as alternatives to methods indicated in the provisions of
> permit PSD-NM-1000-B. Alternative methods shall be applied for in
> writing and shall be reviewed and approved by the NNEPA prior to their
> use in fulfilling any requirements of permit PSD-NM-1000. \[Permit no.
> PSD-NM-1000-B, Permit Condition I\]
>
> 10\. If sampling of stacks or process vents is required, the permittee
> is responsible for providing sampling facilities and conducting the
> sampling operations at his own expense. \[Permit no. PSD-NM-1000-B,
> Permit Condition II\]
>
> 11\. The parameters necessary to comply with the concentration limits
> stated in conditions II.A.2, II.A.3, II.A.4, and II.A.5 of this permit
> shall be determined during the stack sampling required in condition
> II.A.12 of this permit and shall be determined during the operation of
> each turbine at four points in accordance with condition II.A.12.d of
> this permit. \[Permit no. PSD-NM-1000-B, Special Condition VI.I\]
>
> 12\. The permittee shall perform stack sampling and other testing to
> establish the actual pattern and quantities of air contaminants being
> emitted into the atmosphere from each turbine. \[Permit no.
> PSD-NM-1000-B, Special Condition VI.I\]
>
> a\. Sampling must be conducted in accordance with EPA Reference Method
> 20 for the concentration of NOx and Oxygen; Method 10 for the
> concentration of CO, and Method 9 for Opacity. Consisten with
> Condition II.A.9, EPA Reference Method 7E is also approved for
> sampling the concentration of NOx and oxygen.
>
> b\. The NNEPA shall be contacted as soon as testing is scheduled but
> not less than 45 days prior to sampling to schedule a pretest meeting.
> The notice shall include:
>
> i\. Date for pretest meeting.\
> ii. Date sampling will occur.\
> iii. Name of firm conducting sampling.\
> iv. Type of sampling equipment to be used.\
> v. Method or procedure to be used in sampling.
>
> The purpose of the pretest meeting is to review the necessary sampling
> and testing procedures, to provide the proper data forms for recording
> pertinent data and to review the format procedures for submitting the
> test reports.
>
> A written proposed description of any deviation from sampling
> procedures specified in the permit provisions shall be made available
> to the NNEPA prior to the pretest meetings. The NNEPA shall approve or
> disapprove of any deviation from specified sampling procedures prior
> to its use. Requests to waive testing for any pollutant specified in
> the permit provisions shall be submitted to NNEPA for approval.
> Requests for alternate/equivalent procedures for NSPS testing shall be
> submitted to the NNEPA for approval.
>
> c\. Air contaminants to be tested include, (but are not limited to)
> NOx, CO, and opacity.
>
> d\. Sampling of the turbine shall be conducted at four points in the
> normal operating sample of the gas turbine, including the minimum
> point in the sample and peak load.
>
> e\. Sampling shall occur at such times as may be required by the
> NNEPA.
>
> f\. Copies of the final sampling report shall be forwarded to NNEPA
> within 60 days after the sampling is completed. The report shall be
> sent to:
>
> Navajo Nation Air Quality Control Program
>
> Operating Permit Program
>
> P.O. Box 529
>
> Fort Defiance, AZ 86504
>
> 13\. The permittee shall perform a compliance stack test annually for
> NOx, CO, and Opacity on Units A-01 and A-02. After at least one year
> of operation, the permittee may submit, to the NNEPA for approval, an
> amendment of the protocol to include one of the following: A
> compliance test to be conducted every two or three years; a test to be
> conducted every quarter with a portable monitor; or a customized
> monitoring method approved by the appropriate EPA Region. \[Permit no.
> PSD-NM-1000-B, Special Condition VI.J.2\]
>
> 14\. After the required demonstrations of initial compliance for this
> facility, the method required in conditions II.A.12 and II.A.13 of
> this permit shall be used to determine continuous compliance with the
> provisions of this permit \[Permit no. PSD-NM-1000-B, Special
> Condition VI.J.3\]
>
> 15\. At least once every 5 years, the permittee shall conduct a
> performance test for NOx emissions from both generators AUX A-01 and
> AUX A-02. This test shall be conducted at the maximum available
> operating capacity of the equipment being tested, as the available
> electrical load conditions permit. If testing is performed at less
> than the maximum available operating capacity of the equipment being
> tested, the operating load must be reported, along with the test
> results, as a fraction of maximum capacity. The test method to be used
> shall be specified in the test protocol submitted to NNEPA for this
> performance testing. \[40 CFR 71.6(a)(3)(i)\]

**Recordkeeping Requirements**

> 16\. Information and data concerning production, operating hours,
> sampling and monitoring data, if applicable, fuel type and fuel sulfur
> content, if applicable, and all other information required by 40 CFR
> 60 shall be maintained in a file at the plant site or other previously
> approved location and made available at the request of personnel from
> the NNEPA. The file shall be retained for at least five years
> following the date that the information is obtained. \[Permit no.
> PSD-NM-1000-B, Permit Condition V, 40 CFR 71.6(a)(3)(ii), 40 CFR
> 60.7(f)\]
>
> 17\. In addition to other applicable recordkeeping requirements, the
> following information shall be maintained in a file by the permittee
> for a period of two years on a rolling retention basis and shall be
> made available on request to representatives of the NNEPA \[Permit no.
> PSD-NM-1000-B, Special Condition VI.K\]:
>
> a\. The results of all stack tests conducted pursuant to condition
> II.A.12 of this permit.
>
> b\. The results of all monitoring/testing conducted pursuant to
> condition II.A.13 of this permit.
>
> c\. Record of the operation time for the auxiliary generators (AUX-01
> and AUX-02).

**Reporting Requirements**

> 18\. The permittee shall submit, to the NNEPA, reports as described in
> 40 CFR 60.7. Such reports are required for each emission unit subject
> to this permit. In addition to the applicable information specified in
> 60.7(c), quarterly reports are required and should contain the hours
> of operation of the facility and a report summary of the periods of
> noncompliance. For the purpose of this permit, periods of
> noncompliance will be periods of exceedance of the parameters
> specified in condition II.A.11 of this permit and reported in units of
> pounds per hour and tons per year, and the sulfur content limitations
> specified in Condition II.A.7 of this permit. \[Permit no.
> PSD-NM-1000-B, Special Condition VI.L\]

**II.B. NSPS General Provisions**

> The following requirements apply to the operation, maintenance, and
> testing turbine B-01 in accordance with 40 CFR Part 60, Subparts A and
> GG ("Standards of Performance for Stationary Gas Turbines").
> Compliance with these terms and conditions also demonstrates
> compliance with Permit no. PSD-NM-1000-B Special Provision VI.B:
>
> 1\. All requests, reports, applications, submittals, and other
> communications to the Administrator (NNEPA) pursuant to 40 CFR Part 60
> shall be submitted in duplicate to the EPA Region 9 office at the
> following address \[40 CFR § 60.4(a)\]:
>
> EPA Region 9
>
> Director, Air Division (Attn: AIR-1)
>
> EPA Region IX
>
> 75 Hawthorne Street
>
> San Francisco, CA 94105
>
> 2\. Any owner or operator subject to the provisions of this part shall
> maintain records of the occurrence and duration of any startup,
> shutdown, or malfunction in the operation of an affected facility; any
> malfunction of the air pollution control equipment; or any periods
> during which a continuous monitoring system or monitoring device is
> inoperative \[40 CFR § 60.7(b)\].
>
> 3\. The availability to the public of information provided to, or
> otherwise obtained by, the EPA Administrator under this permit shall
> be governed by 40 CFR § 2 (Information submitted voluntarily to the
> Administrator for the purposes of compliance with 40 CFR §§ 60.5 and
> 60.6 is governed by 40 CFR §§ 2.201 through § 2.213 and not by 40 CFR
> § 2.301.) \[40 CFR § 60.9\].
>
> 4\. At all times, including periods of startup, shutdown, and
> malfunction, the permittee shall, to the extent practicable, maintain
> and operate the affected facilities including associated air pollution
> control equipment in a manner consistent with good air pollution
> control practice for minimizing emissions. Determination of whether
> acceptable operating and maintenance procedures are being used will be
> based on information available to the Administrator which may include,
> but is not limited to, monitoring results, opacity observations,
> review of operating and maintenance procedures, and inspection of the
> source \[40 CFR § 60.11(d)\].
>
> 5\. For the purpose of submitting compliance certifications or
> establishing whether or not a person has violated or is in violation
> of any standard in 40 CFR § 60, nothing in 40 CFR § 60 shall preclude
> the use, including the exclusive use, of any credible evidence or
> information, relevant to whether a source would have been in
> compliance with applicable requirements if the appropriate performance
> or compliance test or procedure had been performed \[40 CFR §
> 60.11(g)\].
>
> 6\. No owner or operator subject to the provisions of 40 CFR § 60
> shall build, erect, install, or use any article, machine, equipment or
> process, the use of which conceals an emission which would otherwise
> constitute a violation of an applicable standard. Such concealment
> includes, but is not limited to, the use of gaseous diluents to
> achieve compliance with an opacity standard or with a standard which
> is based on the concentration of a pollutant in the gases discharged
> to the atmosphere \[40 CFR § 60.12\].
>
> 7\. With respect to compliance with all New Source Performance
> Standards (NSPS) of 40 CFR § 60, the permittee shall comply with the
> "General notification and reporting requirements" found in 40 CFR §
> 60.19 \[40 CFR § 60.19\].
>
> 8\. The permittee shall provide written notification to NNEPA and U.S.
> EPA or, if acceptable to NNEPA, U.S. EPA and the permittee, electronic
> notification of any reconstruction of an affected facility, or any
> physical or operational change to an affected facility which may
> increase the emission rate of any air pollutant to which a standard
> applies, unless that change is specifically exempted under this permit
> or in 40 CFR § 60.14(e), in accordance with 40 CFR § 60.7 \[40 CFR §
> 60.7(a)\].

**II.C. NSPS, Subpart GG Requirements**

> The following requirements apply to turbines A-01 and A-02 accordance
> with 40 CFR Part 60, Subpart GG ("Standards of Performance for
> Stationary Gas Turbines"):
>
> 1\. The permittee shall not burn in turbines A-01 or A-02 any fuel
> which contains total sulfur in excess of 0.8 percent by weight (8,000
> ppmw) \[40 CFR 60.333(b)\].
>
> 2\. The permittee has elected not to monitor the total sulfur content
> of the gaseous fuel combusted in the turbine by combusting only the
> natural gas which meets the definition of natural gas in §60.331(u).
> The permittee shall use one of the following sources of information to
> make the required demonstration \[40 CFR 60.334(h)(3)\]:
>
> \(a\) The gas quality characteristics in a current, valid purchase
> contract, tariff sheet or transportation contract for the gaseous
> fuel, specifying that the maximum total sulfur content of the fuel is
> 20.0 grains/100 scf or less; or
>
> \(b\) Representative fuel sampling data which show that the sulfur
> content of the gaseous fuel does not exceed 20 grains/100 scf. At a
> minimum, the amount of fuel sampling data specified in section 2.3.1.4
> or 2.3.2.4 of appendix D to part 75 of this chapter is required.
>
> 3\. Turbines A-01 and A-02 shall operate as regenerative cycle
> turbines, as defined in 40 CFR 60.331, at all times.

**II.D. Operational Flexibility**

> **1. Clean Air Act Section 502(b)(10) Changes** \[40 CFR §
> 71.6(a)(13)(i)\]
>
> a\. The permittee is allowed to make a limited class of changes under
> Section 502(b)(10) of the Clean Air Act within this permitted facility
> that contravene the specific terms of this permit without applying for
> a permit revision, provided the changes do not exceed the emissions
> allowable under this permit (whether expressed therein as a rate of
> emissions or in terms of total emissions) and are not Title I
> modifications. This class of changes does not include:
>
> i\. Changes that would violate applicable requirements; or
>
> ii\. Changes that would contravene federally enforceable permit terms
> and conditions that are monitoring (including test methods),
> recordkeeping, reporting, or compliance certification requirements.
>
> b\. The permittee is required to send a notice to EPA at least 7 days
> in advance of any change made under this provision. The notice must
> describe the change, when it will occur and any change in emissions,
> and identify any permit terms or conditions made inapplicable as a
> result of the change. The permittee shall attach each notice to its
> copy of this permit.

**III. Facility-Wide or Generic Permit Requirements**

> Conditions in this section of the permit (Section III) apply to all
> emissions units located at the facility \[See 40 CFR § 71.6(a)(1)\].

**III.A. Testing Requirements** \[40 CFR § 71.6(a)(3)\]

> In addition to the unit specific testing requirements derived from the
> applicable requirements for each individual unit contained in Section
> II of this permit, the permittee shall comply with the following
> generally applicable testing requirements as necessary to ensure that
> the required tests are sufficient for compliance purposes:
>
> 1\. Submit to NNEPA a source test plan 30 days prior to any required
> testing. The source test plan shall include and address the following
> elements:
>
> 1.0 Purpose of the test
>
> 2.0 Source Description and Mode of Operation During Test
>
> 3.0 Scope of Work Planned for Test
>
> 4.0 Schedule/Dates
>
> 5.0 Process Data to be Collected During Test
>
> 6.0 Sampling and Analysis Procedures
>
> 6.1 Sampling Locations
>
> 6.2 Test Methods
>
> 6.3 Analysis Procedures and Laboratory Identification
>
> 7.0 Quality Assurance Plan
>
> 7.1 Calibration Procedures and Frequency
>
> 7.2 Sample Recovery and Field Documentation
>
> 7.3 Chain of Custody Procedures
>
> 7.4 QA/QC Project Flow Chart
>
> 8.0 Data Processing and Reporting
>
> 8.1 Description of Data Handling and QC Procedures
>
> 8.2 Report Content
>
> 2\. Unless otherwise specified by an applicable requirement or permit
> condition in Section II, all source tests shall be performed at
> maximum operating rates (90% to 110%) of device design capacity.
>
> 3\. Only regular operating staff may adjust the processes or emission
> control device parameters during a compliance source test. No
> adjustments are to be made within two (2) hours of the start of the
> tests. Any operating adjustments made during a source test, that are a
> result of consultation during the tests with source testing personnel,
> equipment vendors, or consultants, may render the source test invalid.
>
> 4\. During each test run and for two (2) hours prior to the test and
> two (2) hours after the completion of the test, the permittee shall
> record the following information:
>
> a\. Fuel characteristics and/or amount of product processed (if
> applicable).
>
> b\. Visible emissions.
>
> c\. All parametric data which is required to be monitored in Section
> II for the emission unit being tested.
>
> d\. Other source specific data identified in Section II such as
> minimum test length (e.g., one hour, 8 hours, 24 hours, etc.), minimum
> sample volume, other operating conditions to be monitored, correction
> of O~2~, etc.
>
> 5\. Each source test shall consist of at least three (3) valid test
> runs and the emission results shall be reported as the arithmetic
> average of all valid test runs and in the terms of the emission limit.
> There must be at least 3 valid test runs, unless otherwise specified.
>
> 6\. Source test reports shall be submitted to NNEPA within 60 days of
> completing any required source test.

**III.B. Recordkeeping Requirements** \[40 CFR § 71.6 (a)(3)(ii)\]

> In addition to the unit specific recordkeeping requirements derived
> from the applicable requirements for each individual unit and
> contained in Section II, the permittee shall comply with the following
> generally applicable recordkeeping requirements:
>
> 1\. The permittee shall keep records of required monitoring
> information that include the following:
>
> a\. The date, place, and time of sampling or measurements;
>
> b\. The date(s) analyses were performed;
>
> c\. The company or entity that performed the analyses;
>
> d\. The analytical techniques or methods used;
>
> e\. The results of such analyses; and
>
> f\. The operating conditions as existing at the time of sampling or
> measurement.
>
> 2\. The permittee shall retain records of all required monitoring data
> and support information for a period of at least 5 years from the date
> of the monitoring sample, measurement, report, or application. Support
> information includes all calibration and maintenance records, all
> original strip-chart recordings for continuous monitoring
> instrumentation, and copies of all reports required by this permit.
>
> 3\. The permittee shall maintain a file of all measurements, including
> continuous monitoring system, monitoring device, and performance
> testing measurements; all continuous monitoring system performance
> evaluations; all continuous monitoring system or monitoring device
> calibration checks; adjustments and maintenance performed on these
> systems or devices; and all other information required by 40 CFR § 60
> recorded in a permanent form suitable for inspection. The file shall
> be retained for at least five years following the date of such
> measurements, maintenance, reports and records \[40 CFR §
> 71.6(a)(3)(ii), 40 CFR § 60.7(f)\].

**III.C. Reporting Requirements** \[40 CFR § 71.6 (a)(3)(iii)\] \[NNOPR
§ 302 (G)\]

> 1\. The permittee shall submit to NNEPA reports of any monitoring
> required under 40 CFR § 71.6(a)(3)(i)(A), (B), or (C) each six month
> reporting period from January 1 to June 30 and from July 1 to December
> 31. All reports shall be submitted to NNEPA and shall be postmarked by
> the 30^th^ day following the end of the reporting period. All
> instances of deviations from permit requirements must be clearly
> identified in such reports. All required reports must be certified by
> a responsible official consistent with Condition IV.E of this permit.
>
> a\. A monitoring report under this section must include the following:
>
> i\. The company name and address.
>
> ii\. The beginning and ending dates of the reporting period.
>
> iii\. The emissions unit or activity being monitored.
>
> iv\. The emissions limitation or standard, including operational
> requirements and limitations (such as parameter ranges), specified in
> the permit for which compliance is being monitored.
>
> v\. All instances of deviations from permit requirements, including
> those attributable to upset conditions as defined in the permit and
> including exceedances as defined under 40 CFR § 64, and the date on
> which each deviation occurred.
>
> vi\. If the permit requires continuous monitoring of an emissions
> limit or parameter range, the report must include the total operating
> time of the emissions unit during the reporting period, the total
> duration of excess emissions or parameter exceedances during the
> reporting period, and the total downtime of the continuous monitoring
> system during the reporting period.
>
> vii\. If the permit requires periodic monitoring, visual observations,
> work practice checks, or similar monitoring, the report shall include
> the total time when such monitoring was not performed during the
> reporting period and at the source\'s discretion either the total
> duration of deviations indicated by such monitoring or the actual
> records of deviations.
>
> viii\. All other monitoring results, data, or analyses required to be
> reported by the applicable requirement.
>
> ix\. The name, title, and signature of the responsible official who is
> certifying to the truth, accuracy, and completeness of the report.
>
> b\. Any report required by an applicable requirement that provides the
> same information described in paragraph III.C(1)(a)(i) through (ix)
> above shall satisfy the requirement under III.C(1)(a).
>
> c\. \"Deviation,\" means any situation in which an emissions unit
> fails to meet a permit term or condition. A deviation is not always a
> violation. A deviation can be determined by observation or through
> review of data obtained from any testing, monitoring, or record
> keeping established in accordance with 40 CFR §§ 71.6(a)(3)(i) and
> (a)(3)(ii). For a situation lasting more than 24 hours, each 24-hour
> period is considered a separate deviation. Included in the meaning of
> deviation are any of the following:
>
> \(i\) A situation when emissions exceed an emission limitation or
> standard;
>
> \(ii\) A situation where process or emissions control device parameter
> values indicate that an emission limitation or standard has not been
> met;
>
> \(iii\) A situation in which observations or data collected
> demonstrate noncompliance with an emission limitation or standard or
> any work practice or operating condition required by the permit.
>
> \(iv\) A situation in which an exceedance, as defined in the
> compliance assurance plan (40 CFR § 64), occurs.
>
> 2\. The permittee shall promptly report to the NNEPA Office deviations
> from permit requirements, including those attributable to upset
> conditions as defined in this permit, the probable cause of such
> deviations, and any corrective actions or preventive measures taken.
> \"Prompt\" is defined as follows:
>
> a\. Any definition of \"Prompt\" or a specific timeframe for reporting
> deviations provided in an underlying applicable requirement as
> identified in this permit;
>
> b\. Where the underlying applicable requirement does not define prompt
> or provide a timeframe for reporting deviations, reports of deviations
> will be submitted based on the following schedule:
>
> i\. For emissions of a hazardous air pollutant or a toxic air
> pollutant(as identified in the applicable regulation) that continue
> for more than an hour in excess of permit requirements, the report
> must be made within 24 hours of the occurrence.
>
> ii\. For emissions of any regulated pollutant excluding a hazardous
> air pollutant or a toxic air pollutant that continue for more than two
> hours in excess of permit requirements, the report must be made within
> 48 hours.
>
> iii\. For all other deviations from permit requirements, the report
> shall be submitted with the semi-annual monitoring report required in
> paragraph III.C(1) of this permit.
>
> 3\. If any of the Conditions in III.C(2)(b)(i) or (ii) of this permit
> are met, the source must notify the permitting authority by telephone,
> facsimile, or electronic mail sent to NNEPA, based on the timetable
> listed. A written notice, certified consistent with paragraph III.C(4)
> of this permit section must be submitted within 10 working days of the
> occurrence. All deviations reported under this section must also be
> identified in the 6-month report required under paragraph III.C(1) of
> this section.
>
> 4\. Any application form, report, or compliance certification required
> to be submitted by this permit shall contain certification by a
> responsible official of truth, accuracy, and completeness. All
> certifications shall state that, based on information and belief
> formed after reasonable inquiry, the statements and information in the
> document are true, accurate, and complete.

**III.D. Stratospheric Ozone and Climate Protection** \[40 CFR § 82\]

> 1\. The permittee shall comply with the standards for labeling of
> products using ozone-depleting substances pursuant to 40 CFR § 82,
> Subpart E:
>
> a\. All containers in which a class I or class II substance is stored
> or transported, all products containing a class I substance, and all
> products directly manufactured with a Class I substance must bear the
> required warning statement if it is being introduced into interstate
> commerce pursuant to 40 CFR § 82.106.
>
> b\. The placement of the required warning statement must comply with
> the requirements pursuant to 40 CFR § 82.108.
>
> c\. The form of the label bearing the required warning statement must
> comply with the requirements pursuant to 40 CFR § 82.110.
>
> e\. No person may modify, remove, or interfere with the required
> warning statement except as described in 40 CFR § 82.112.
>
> 2\. The permittee shall comply with the standards for recycling and
> emissions reduction pursuant to 40 CFR § 82, Subpart F, except as
> provided for motor vehicle air conditioners (MVACs) in Subpart B:
>
> a\. Persons opening appliances for maintenance, service, repair, or
> disposal must comply with the required practices pursuant to 40 CFR §
> 82.156.
>
> b\. Equipment used during maintenance, service, repair, or disposal of
> appliances must comply with the standards for recycling and recovery
> equipment pursuant to 40 CFR § 82.158.
>
> c\. Persons performing maintenance, service, repair, or disposal of
> appliances must be certified by an approved technician certification
> program pursuant to 40 CFR § 82.161.
>
> d\. Persons disposing of small appliances, MVACs, and MVAC-like
> appliances must comply with recordkeeping requirements pursuant to 40
> CFR § 82.166. (\"MVAC-like appliance\" as defined at 40 CFR § 82.152)
>
> e\. Persons owning commercial or industrial process refrigeration
> equipment must comply with the leak repair requirements pursuant to 40
> CFR § 82.156.
>
> f\. Owners/operators of appliances normally containing 50 or more
> pounds of refrigerant must keep records of when the refrigerant was
> purchased and added to such appliances pursuant to 40 CFR § 82.166.
>
> 3\. If the permittee manufactures, transforms, destroys, imports, or
> exports a Class I or Class II substance, the permittee is subject to
> all the requirements as specified in 40 CFR § 82, Subpart A,
> Production and Consumption Controls.
>
> 4\. If the permittee performs a service on motor (fleet) vehicles when
> this service involves ozone-depleting substance refrigerant (or
> regulated substitute substance) in the MVAC, the permittee is subject
> to all the applicable requirements as specified in 40 CFR § 82,
> Subpart B, Servicing of Motor Vehicle Air Conditioners.
>
> The term \"motor vehicle\" as used in Subpart B does not include a
> vehicle in which final assembly of the vehicle has not been completed.
> The term \"MVAC\" as used in Subpart B does not include the air-tight
> sealed refrigeration system used as refrigerated cargo, or system used
> on passenger buses using HCFC-22 refrigerant.

5.  The permittee shall be allowed to switch from any ozone-depleting
    substance to any alternative that is listed in the Significant New
    Alternatives Program (SNAP) promulgated pursuant to 40 CFR § 82,
    Subpart G.

**III.E. Asbestos from Demolition and Renovation** \[40 CFR § 61,
Subpart M\]

> The permittee shall comply with the requirements of Sections 61.140
> through 61.157 of the National Emission Standard for Asbestos for all
> demolition and renovation projects \[40 CFR § 61, Subpart M\].

**III.F. Compliance Schedule** \[40 CFR §§ 71.5(c)(8)(iii) and
71.6(c)(3)\]

> 1\. For applicable requirements with which the source is in
> compliance, the source will continue to comply with such requirements.
>
> 2\. For applicable requirements that will become effective during the
> permit term, the source shall meet such requirements on a timely
> basis.

**IV. Title V Administrative Requirements**

**IV.A. Fee Payment** NNOPR Subpart VI \[40 CFR § 71.6(a)(7)\]

> The permittee shall pay an annual permit fee in accordance with the
> procedures outlined below \[NNOPR Subpart VI § 603\].
>
> 1\. The permittee shall pay the annual permit fee by April 1 of each
> year.
>
> 2\. The fee payment shall be in United States currency and shall be
> paid by money order, bank draft, certified check, corporate check, or
> electronic funds transfer payable to the order of the Navajo Nation
> EPA Air Quality Control Program.
>
> 3\. The permittee shall send fee payment and a completed fee filing
> form to:
>
> Navajo Nation Air Quality Control Program
>
> Operating Permit Program
>
> P.O. Box 529
>
> Fort Defiance, AZ 86504
>
> 4\. The permittee shall send an updated fee calculation worksheet form
> and a photocopy of each fee payment check (or other confirmation of
> actual fee paid) submitted annually by the same deadline as required
> for fee payment to the address listed in Section IV.E. of this permit.
> \[Permittee should note that an annual emissions report, required at
> the same time as the fee calculation worksheet by NNOPR Subpart VI §
> 603(B), has been incorporated into the fee calculation worksheet form
> as a convenience.\]
>
> 5\. Basis for calculating annual fee:

a.  The annual emissions fee shall be calculated by multiplying the
    total tons of actual emissions of all "regulated pollutants" (for
    fee calculation) emitted from the source by the presumptive
    emissions fee (in dollars/ton) in effect at the time of calculation.

    1.  "Actual emissions" means the actual rate of emissions in tpy of
        any regulated pollutant (for fee calculation) emitted from a
        part 71 source over the preceding calendar year. Actual
        emissions shall be calculated using each emissions unit's actual
        operating hours, production rates, in-place control equipment,
        and types of materials processed, stored, or combusted during
        the preceding calendar year \[See NNOPR Subpart VI, and Subpart
        I § 102.5\].

    2.  Actual emissions shall be computed using methods required by the
        permit for determining compliance, such as monitoring or source
        testing data \[See NNOPR Subpart VI, and Subpart I § 102.5\].

    3.  If actual emissions cannot be determined using the compliance
        methods in the permit, the permittee shall use other federally
        recognized procedures \[See NNOPR Subpart VI, and Subpart I §
        102.5\].

    4.  The term "regulated pollutant" (for fee calculation) is defined
        in NNOPR Subpart I § 102.50.

    5.  The permittee should note that the presumptive fee amount is
        revised each year to account for inflation, and it is available
        from NNEPA starting on September 1 of each year.

b.  The permittee shall exclude the following emissions from the
    calculation of fees:

    1.  The amount of actual emissions of each regulated pollutant (for
        fee calculation) that the source emits in excess of 4,000 tons
        per year \[See NNOPR Subpart VI, and Subpart I § 102.5\].

    2.  Actual emissions of any regulated pollutant (for fee
        calculation) already included in the fee calculation \[See NNOPR
        Subpart VI, and Subpart I § 102.5\]; and

    3.  The quantity of actual emissions (for fee calculation) of
        insignificant activities \[Defined in NNOPR Subpart I § 102.29,
        and 40 CFR § 71.5(c)(11)(i)\] or of insignificant emissions
        levels from emissions units identified in the Permittee's
        application pursuant to NNOPR Subpart I § 102.30, and 40 CFR §
        71.5(c)(11)(ii) \[See NNOPR Subpart VI, and Subpart I § 102.5\].

> 6\. Fee calculation worksheets shall be certified as to truth,
> accuracy, and completeness by a responsible official. \[Permittee
> should note that the fee calculation worksheet form already
> incorporates a section to help you meet this responsibility.\]
>
> 7\. The permittee shall retain fee calculation worksheets and other
> emissions-related data used to determine fee payment for 5 years
> following submittal of fee payment. Emission-related data include, for
> example, emissions-related forms provided by NNEPA and used by the
> permittee for fee calculation purposes, emissions-related
> spreadsheets, and emissions-related data, such as records of emissions
> monitoring data and related support information required to be kept in
> accordance with 40 CFR § 71.6(a)(3)(ii) \[See NNOPR Subpart III §
> 302(F), and Subpart VI § 602(B)\].
>
> 8\. Failure of the permittee to pay fees in a timely manner shall
> subject the permittee to assessment of penalties and interest in
> accordance with NNOPR Subpart VI § 603(C).
>
> 9\. When notified by NNEPA of underpayment of fees, the Permittee
> shall remit full payment within 30 days of receipt of notification
> \[NNOPR Subpart VI § 603(C)\].
>
> 10\. A Permittee who thinks an NNEPA assessed fee is in error and
> wishes to challenge such fee, shall provide a written explanation of
> the alleged error to NNEPA along with full payment of the NNEPA
> assessed fee \[See NNOPR Subpart VI § 603(B)\].

**IV.B. Blanket Compliance Statement** \[40 CFR §§ 71.6(a)(6)(i) and
(ii), and Sections 113(a) and 113(e)(1) of the Clean Air Act, and 40 CFR
§ 51.212, § 52.12, § 52.33, § 60.11(g), and § 61.12\]

1.  The permittee must comply with all conditions of this Part 71
    permit. Any permit noncompliance, including, but not limited to,
    violation of any applicable requirement; any permit term or
    condition; any fee or filing requirement; any duty to allow or carry
    out inspection, entry, or monitoring activities; or any regulation
    or order issued by the permitting authority pursuant to this part
    constitutes a violation of the Clean Air Act and is grounds for
    enforcement action; permit termination, revocation and reissuance,
    or modification; or for denial of a permit renewal application. It
    shall not be a defense for a permittee in an enforcement action that
    it would have been necessary to halt or reduce the permitted
    activity in order to maintain compliance with the conditions of this
    permit \[40 CFR §§ 71.6(a)(6)(i) and (ii)\].

2.  Determinations of deviations, continuous or intermittent compliance
    status, or violations of this permit, are not limited to the
    applicable testing or monitoring methods required by the underlying
    regulations or this permit; other credible evidence (including any
    evidence admissible under the Federal Rules of Evidence) must be
    considered in such determinations. \[Section 113(a) and 113(e)(1) of
    the Clean Air Act, 40 CFR § 51.212, § 52.12, § 52.33, § 60.11(g),
    and § 61.12\]

**IV.C. Compliance Certifications** \[40 CFR § 71.6(c)(5)\] \[NNOPR §
302(I)\]

1.  The permittee shall submit to NNEPA and US EPA Region 9
    semi-annually a certification of compliance with permit terms and
    conditions, including emission limitations, standards, or work
    practices, postmarked by January 30 and July 31 of each year and
    covering the previous six (6) calendar months. The compliance
    certification shall be certified as to truth, accuracy, and
    completeness by the permit-designated responsible official
    consistent with Section IV.E. of this permit and 40 CFR § 71.5(d)
    \[40 CFR § 71.6(c)(5)\] \[NNOPR § 302(I)\].

2.  The certification shall include the following:

> a\. Identification of each permit term or condition that is the basis
> of the certification.
>
> b\. Identification of the method(s) or other means used for
> determining the compliance status of each term and condition during
> the certification period.
>
> If necessary, the owner or operator also shall identify any other
> material information that must be included in the certification to
> comply with Section 113(c)(2) of the Clean Air Act, which prohibits
> knowingly making a false certification or omitting material
> information.
>
> c\. The compliance status of each term and condition of the permit for
> the period covered by the certification based on the method or means
> designated above. The certification shall identify each deviation and
> take it into account in the compliance certification.
>
> d\. Whether compliance with each permit term was continuous or
> intermittent.

**IV.D. Duty to Provide and Supplement Information** \[40 CFR §
71.6(a)(6)(v), 40 CFR § 71.5(b)\] \[NNOPR § 301(E)\]

> The permittee shall furnish to NNEPA and U.S. EPA Region 9, within a
> reasonable time, any information that NNEPA and U.S. EPA Region 9 may
> request in writing to determine whether cause exists for modifying,
> revoking, and reissuing, or terminating the permit, or to determine
> compliance with the permit. Upon request, the permittee shall also
> furnish to NNEPA and U.S. EPA Region 9 copies of records that are
> required to be kept pursuant to the terms of the permit, including
> information claimed to be confidential. Information claimed to be
> confidential should be accompanied by a claim of confidentiality
> according to the provisions of 40 CFR § 2, Subpart B. The permittee,
> upon becoming aware that any relevant facts were omitted or incorrect
> information was submitted in the permit application, shall promptly
> submit such supplementary facts or corrected information. The
> permittee shall also provide additional information as necessary to
> address any requirements that become applicable to the facility after
> this permit is issued.

**IV.E. Submissions** NNOPR Subpart VI Sections 702 and 703 \[40 CFR §
71.5(d), § 71.6, and § 71.9\]

> Any document required to be submitted with this permit shall be
> certified by a responsible official as to truth, accuracy, and
> completeness. Such certifications shall state that based on
> information and belief formed after reasonable inquiry, the statements
> and information in the document are true, accurate, and complete. All
> documents required to be submitted, including reports, test data,
> monitoring data, notifications, compliance certifications, fee
> calculation worksheets, and applications for renewals and permit
> modifications shall be submitted to NNEPA and U.S. EPA Region 9:
>
> Navajo Nation Air Quality Control Program
>
> Operating Permit Program

P.O. Box 529

Fort Defiance, AZ 86504

and

> Director, Air Division (Attn: AIR-1)
>
> EPA Region IX

75 Hawthorne Street

San Francisco, CA 94105

**IV.F. Severability Clause** \[40 CFR § 71.6(a)(5)\]

> The provisions of this permit are severable, and in the event of any
> challenge to any portion of this permit, or if any portion is held
> invalid, the remaining permit conditions shall remain valid and in
> force.

**IV.G. Permit Actions** \[40 CFR § 71.6(a)(6)(iii)\] \[NNOPR § 406\]

> This permit may be modified, revoked, reopened, and reissued, or
> terminated for cause. The filing of a request by the permittee for a
> permit modification, revocation and reissuance, or termination, or of
> a notification of planned changes or anticipated noncompliance does
> not stay any permit condition.

**IV.H Administrative Permit Amendments** \[40 CFR § 71.7(d)\] \[NNOPR §
405(C)\]

> The permittee may request the use of administrative permit amendment
> procedures for a permit revision that:
>
> 1\. Corrects typographical errors.
>
> 2\. Identifies a change in the name, address, or phone number of any
> person identified in the permit, or provides a similar minor
> administrative change at the source.
>
> 3\. Requires more frequent monitoring or reporting by the permittee.
>
> 4\. Allows for a change in ownership or operational control of a
> source where the NNEPA determines that no other change in the permit
> is necessary, provided that a written agreement containing a specific
> date for transfer of permit responsibility, coverage, and liability
> between the current and new permittee has been submitted to the NNEPA.
>
> 5\. Incorporates into the Part 71 permit the requirements from
> preconstruction review permits authorized under an EPA-approved
> program, provided that such a program meets procedural requirements
> substantially equivalent to the requirements of 40 CFR § 71.7 and §
> 71.8 that would be applicable to the change if it were subject to
> review as a permit modification, and compliance requirements
> substantially equivalent to those contained in 40 CFR § 71.6.
>
> 6\. Incorporates any other type of change which NNEPA has determined
> to be similar to those listed above in subparagraphs (1) through (5).

**IV.I. Minor Permit Modifications** \[40 CFR § 71.7(e)(1)\] \[NNOPR §
405(D)\]

> 1\. The permittee may request the use of minor permit modification
> procedures only for those modifications that:
>
> a\. Do not violate any applicable requirement.
>
> b\. Do not involve significant changes to existing monitoring,
> reporting, or recordkeeping requirements in the permit.
>
> c\. Do not require or change a case-by-case determination of an
> emissions limitation or other standard, or a source-specific
> determination for temporary sources of ambient impacts, or a
> visibility or increment analysis.
>
> d\. Do not seek to establish or change a permit term or condition for
> which there is no corresponding underlying applicable requirement and
> that the source has assumed to avoid an applicable requirement to
> which the source would otherwise be subject. Such terms and conditions
> include:
>
> i\. A federally enforceable emissions cap assumed to avoid
> classification as a modification under any provision of Title I; and
>
> ii\. An alternative emissions limit approved pursuant to regulations
> promulgated under Section 112(i)(5) of the Clean Air Act.
>
> e\. Are not modifications under any provision of Title I of the Clean
> Air Act.
>
> f\. Are not required to be processed as a significant modification.
>
> 2\. Notwithstanding the list of changes eligible for minor permit
> modification procedures in paragraph (1) above, minor permit
> modification procedures may be used for permit modifications involving
> the use of economic incentives, marketable permits, emissions trading,
> and other similar approaches, to the extent that such minor permit
> modification procedures are explicitly provided for in an applicable
> implementation plan or in applicable requirements promulgated by EPA.
>
> 3\. An application requesting the use of minor permit modification
> procedures shall meet the requirements of 40 CFR § 71.5(c) and shall
> include the following:
>
> \(i\) A description of the change, the emissions resulting from the
> change, and any new applicable requirements that will apply if the
> change occurs;
>
> \(ii\) The source\'s suggested draft permit;
>
> \(iii\) Certification by a responsible official, consistent with 40
> CFR § 71.5(d), that the proposed modification meets the criteria for
> use of minor permit modification procedures and a request that such
> procedures be used; and
>
> \(iv\) Completed forms for the permitting authority to use to notify
> affected States as required under 40 CFR § 71.8.
>
> 4\. The permittee may make the change proposed in its minor permit
> modification application immediately after it files such application.
> After the permittee makes the change allowed by the preceding
> sentence, and until the permitting authority takes any of the actions
> authorized by 40 CFR §§ 71.7(e)(1)(iv)(A) through (C), the permittee
> must comply with both the applicable requirements governing the change
> and the proposed permit terms and conditions. During this time period,
> the permittee need not comply with the existing permit terms and
> conditions it seeks to modify. However, if the permittee fails to
> comply with its proposed permit terms and conditions during this time
> period, the existing permit terms and conditions it seeks to modify
> may be enforced against it.

**IV.J. Group Processing of Minor Permit Modifications** \[40 CFR §
71.7(e)(2)\]

> 1\. Group processing of modifications by EPA may be used only for
> those permit modifications:
>
> a\. That meet the criteria for minor permit modification procedures
> under paragraphs IV.I.1 of this permit; and
>
> b\. That collectively are below the threshold level of 10 percent of
> the emissions allowed by the permit for the emissions unit for which
> the change is requested, 20 percent of the applicable definition of
> major source in 40 CFR § 71.2, or 5 tons per year, whichever is least.
>
> 2\. An application requesting the use of group processing procedures
> shall be submitted to EPA, shall meet the requirements of 40 CFR §
> 71.5(c), and shall include the following:
>
> a\. A description of the change, the emissions resulting from the
> change, and any new applicable requirements that will apply if the
> change occurs.
>
> b\. The source\'s suggested draft permit.
>
> c\. Certification by a responsible official, consistent with 40 CFR §
> 71.5(d), that the proposed modification meets the criteria for use of
> group processing procedures and a request that such procedures be
> used.
>
> d\. A list of the source\'s other pending applications awaiting group
> processing, and a determination of whether the requested modification,
> aggregated with these other applications, equals or exceeds the
> threshold set under Condition IV.(J)(1)(b) above.
>
> e\. Completed forms for the permitting authority to use to notify
> affected States as required under 40 CFR § 71.8.
>
> 3\. The source may make the change proposed in its minor permit
> modification application immediately after it files such application.
> After the source makes the change allowed by the preceding sentence,
> and until the permitting authority takes any of the actions authorized
> by 40 CFR § 71.7(e)(1)(iv)(A) through (C), the source must comply with
> both the applicable requirements governing the change and the proposed
> permit terms and conditions. During this time period, the source need
> not comply with the existing permit terms and conditions it seeks to
> modify. However, if the source fails to comply with its proposed
> permit terms and conditions during this time period, the existing
> permit terms and conditions it seeks to modify may be enforced against
> it.

**IV.K. Significant Permit Modifications** \[40 CFR § 71.7(e)(3)\]
\[NNOPR § 405(E)\]

> 1\. The permittee must request the use of significant permit
> modification procedures for those modifications that:
>
> a\. Do not qualify as minor permit modifications or as administrative
> amendments.
>
> b\. Are significant changes in existing monitoring permit terms or
> conditions.
>
> c\. Are relaxations of reporting or recordkeeping permit terms or
> conditions.
>
> 2\. Nothing herein shall be construed to preclude the permittee from
> making changes consistent with Part 71 that would render existing
> permit compliance terms and conditions irrelevant.
>
> 3\. The permittee must meet all requirements of Part 71 for
> applications for significant permit modifications. For the application
> to be determined complete, the permittee must supply all information
> that is required by 40 CFR § 71.5(c) for permit issuance and renewal,
> but only that information that is related to the proposed change \[See
> 40 CFR §§ 71.7(e)(3)(ii) and 40 CFR § 71.5(a)(2)\].

**IV.L. Reopening for Cause** \[40 CFR § 71.7(f)\] \[NNOPR § 406\]

> NNEPA shall reopen and revise the permit prior to expiration under any
> of the following circumstances:
>
> 1\. Additional applicable requirements under the Act become applicable
> to a major Part 71 source with a remaining permit term of 3 or more
> years.
>
> 2\. Additional requirements (including excess emissions requirements)
> become applicable to an affected source under the acid rain program.
> Upon approval by the Administrator, excess emissions offset plans
> shall be deemed to be incorporated into the permit.
>
> 3\. NNEPA determines that the permit contains a material mistake or
> that inaccurate statements were made in establishing the emissions
> standards or other terms or conditions of the permit.
>
> 4\. NNEPA determines that the permit must be revised or revoked to
> assure compliance with the applicable requirements.

**IV.M. Property Rights** \[40 CFR § 71.6(a)(6)(iv)\]

> This permit does not convey any property rights of any sort, or any
> exclusive privilege.

**IV.N. Inspection and Entry** \[40 CFR § 71.6(c)(2)\]

> Upon presentation of credentials and other documents as may be
> required by law, the permittee shall allow authorized representatives
> from NNEPA and U.S. EPA to perform the following:

1.  Enter upon the permittee's premises where a Part 71 source is
    located or emissions-related activity is conducted, or where records
    must be kept under the conditions of the permit;

2.  Have access to and copy, at reasonable times, any records that must
    be kept under the conditions of the permit;

3.  Inspect at reasonable times any facilities, equipment (including
    monitoring and air pollution control equipment), practices, or
    operations regulated or required under the permit; and

4.  As authorized by the Clean Air Act, sample or monitor at reasonable
    times substances or parameters for the purpose of assuring
    compliance with the permit or applicable requirements.

**IV.O. Emergency Provisions** \[40 CFR § 71.6(g)\]

> 1\. In addition to any emergency or upset provision contained in any
> applicable requirement, the permittee may seek to establish that
> noncompliance with a technology-based emission limitation under this
> permit was due to an emergency. To do so, the permittee shall
> demonstrate the affirmative defense of emergency through properly
> signed, contemporaneous operating logs, or other relevant evidence
> that:
>
> a\. an emergency occurred and that the permittee can identify the
> cause(s) of the emergency;
>
> b\. the permitted facility was at the time being properly operated;
>
> c\. during the period of the emergency the permittee took all
> reasonable steps to minimize levels of emissions that exceeded the
> emissions standards, or other requirements in this permit; and
>
> d\. the permittee submitted notice of the emergency to EPA within 2
> working days of the time when emissions limitations were exceeded due
> to the emergency. This notice must contain a description of the
> emergency, any steps taken to mitigate emissions, and corrective
> actions taken. This notice fulfills the requirements of Condition
> III.C(2) of this permit.
>
> e\. In any enforcement preceding the permittee attempting to establish
> the occurrence of an emergency has the burden of proof.
>
> 2\. An \"emergency\" means any situation arising from sudden and
> reasonably unforeseeable events beyond the control of the source,
> including acts of God, which situation requires immediate corrective
> action to restore normal operation, and that causes the source to
> exceed a technology-based emissions limitation under the permit due to
> unavoidable increases in emissions attributable to the emergency. An
> emergency shall not include noncompliance to the extent caused by
> improperly designed equipment, lack of preventive maintenance,
> careless or improper operation, or operator error.

**IV.P. Transfer of Ownership or Operation** \[40 CFR § 71.7(d)(1)(iv)\]

> A change in ownership or operational control of this facility may be
> treated as an administrative permit amendment if the NNEPA determines
> no other change in this permit is necessary and provided that a
> written agreement containing a specific date for transfer of permit
> responsibility, coverage, and liability between the current and new
> permittee has been submitted to NNEPA.

**IV.Q. Off Permit Changes** \[40 CFR § 71.6(a)(12)\] \[NNOPR § 404(B)\]

> The permittee is allowed to make certain changes without a permit
> revision, provided that the following requirements are met:

1.  Each change is not addressed or prohibited by this permit;

2.  Each change must comply with all applicable requirements and may not
    violate any existing permit term or condition;

3.  Changes under this provision may not include changes or activities
    subject to any requirement under Title IV or that are modifications
    under any provision of Title I of the Clean Air Act;

4.  The permittee must provide contemporaneous written notice to NNEPA
    and U.S. EPA Region 9 of each change, except for changes that
    qualify as insignificant activities under 40 CFR § 71.5(c)(11). The
    written notice must describe each change, the date of the change,
    any change in emissions, pollutants emitted and any applicable
    requirements that would apply as a result of the change;

5.  The permittee must keep a record describing all changes that result
    in emissions of any regulated air pollutant subject to any
    applicable requirement not otherwise regulated under this permit,
    and the emissions resulting from those changes.

**IV.R. Permit Expiration and Renewal** \[40 CFR Sections
71.5(a)(1)(iii), 71.6(a)(11), 71.7(b), 71.7(c)(1)(i) and (ii), and
71.8(d)\]

1.  This permit shall expire upon the earlier occurrence of the
    following events:

> a\. up to twelve (12) years elapses from the date of issuance to a
> solid waste incineration unit combusting municipal waste subject to
> standards under section 129 of the Clean Air Act; or
>
> b\. for sources other than those identified in subparagraph IV.R(1)(a)
> above, five (5) years elapses from the date of issuance; or
>
> c\. the source is issued a Part 70 permit by an EPA-approved
> permitting authority.

2.  Expiration of this permit terminates the permittee's right to
    operate unless a timely and complete permit renewal application has
    been submitted on or before a date 6 months, but not more than 18
    months, prior to the date of expiration of this permit.

3.  If the permittee submits a timely and complete permit application
    for renewal is consistent with 40 CFR § 71.5(a)(2), but the
    permitting authority has failed to issue or deny the renewal permit,
    then the permit shall not expire until the renewal permit has been
    issued or denied.

4.  The permittee's failure to have a Part 71 permit is not a violation
    of this part until NNEPA takes final action on the permit renewal
    application. This protection shall cease to apply if, subsequent to
    the completeness determination, the permittee fails to submit any
    additional information identified as being needed to process the
    application by the deadline specified in writing by NNEPA.

5.  Renewal of this permit is subject to the same procedural
    requirements that apply to initial permit issuance, including those
    for public participation, affected State, and tribal review.

6.  The application for renewal shall include the current permit number,
    description of permit revisions and off-permit changes that occurred
    during the permit term, any applicable requirements that were
    promulgated and not incorporated into the permit during the permit
    term, and other information required by the application form.