TITLE V PERMIT TO OPERATE

Permit No. SR

- ROP 1 5

- 0 1

In accordance with the provisions of Title V of the Clean Air Act and 40 C.F.R. Part 71 and applicable rules and regulations,

Salt River Project Agricultural Improvement and Power

District

Tri

- Ci ties Landfill Energy Facility

is authorized to operate air emission units listed herein 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 meaning assigned to them in the referenced regulations. All terms and conditions of the permit are enforceable by EPA and citizens under the Clean Air Act.

If all any control measures and/or equipment are not installed and 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 years after the date of issuance unless a timely and complete renewal applicati on 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 Deborah Jordan Director, Air Division EPA Region IX2 Abbreviations and Acronyms

AFS AIRS Facility Subs ystem
AIRS Aerometric Information Retrieval System

AR Acid Rain

ARP Aci d 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

hr hour

Id. No. Identification Numb er
J joule kg kilogram

lb pound

MACT Maximum Achievable Control Technology

MVAC Motor Vehicle Air Conditioner Mg megagram MMBtu million British Thermal Units

mo month

NESHAP National Emission Standards for Hazardous Air Pollutants

NOx Nit rogen Oxides

NSPS New Source Performance Standards

NSR New Source Review

PM Particulate Matter

PM

- 10 Particulate matter less than 10 microns in diameter

ppmv parts per million by volume

PSD Prevention of Significant Deterioration

PTE Potenti al to Emit psia pounds per square inch absolute

RMP Risk Management Plan

SNAP Significant New Alternatives Program

SO 2 Sulfur Dioxide

SSM Startup, Shutdown, and Malfunction

TSP Total Suspended Particulate

US EPA United States Environmental Pr otection Agency

VOC Volatile Organic Compounds3 TABLE OF CONTENTS

Cover Page Abbreviations and Acronyms

I. Source Identification

A. General Information B. Emission Generating Units and Activities

II. Requirements for Specific Units

A. Em ission Limits

B. Work Practice and Operational Requirements

C. Monitoring and Testing Requirements

D. Recordkeeping Requirements

E. Compliance Schedule

III. Facility

- Wide or Generic Permit Conditions

A. Testing Requirements

B. Recordkeeping Require ments
C. Reporting Requirements

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 Act ions

H. Reopening for Cause

I. Property Rights

J. Inspection and Entry

K. Emergency Provisions

L. Transfer of Ownership or Operation

M. Off Permit Changes

N. Permit Expiration and Renewal4 I. Source Identification

I.A. General Information

Pare nt Company name: Salt River Project Agricultural Improvement and Power District

Parent Company Mailing Address: P.O. Box 52025, PAB 352

City: Phoenix State: AZ Zip: 85072

- 2025

Plant Name: Tri

- Cities Landfill Energy Facility

Plant Location: 11630 Beeline Highway

City: Scottsdale State: AZ

County: Maricopa

EPA Region: 9

Reservation: S alt River Pima

- Maricopa Indian Community

Tribe: Onk Akimel Au

- Authm (Pima) and Xalchidom Pii

- pash (Maricopa)

Company Contact: Barbara Sprungl Phone: (6 02) 236

- 5374

Plant Manager/Contact: same Phone: same

Responsible Official: Larry Bottolfson Phone: (602) 236

- 6230

Tribal Contact: Steve Parker Phone: (480) 850

- 8045

SIC Code: 4911

AFS Plant Identification Number: 04

- 013

- SAL06

Description of P rocess: electric power generation using landfill gas as a fuel5 I.B Emission Generating Units and Activities

Table 1

– TCLEF Emission Units

Emission

Unit I.D.

No. Unit Description Associated Control Equipment

ENG1 Caterpillar G3516 LE internal combu stion engine (800 kW, 9.01 MMBtu/hr) none

ENG2 Caterpillar G3516 LE internal combustion engine (800 kW, 9.01 MMBtu/hr) none

ENG3 Caterpillar G3516 LE internal combustion engine (800 kW, 9.01 MMBtu/hr) none

ENG4 Caterpillar G3516 LE internal combustion engine (800 kW, 9.01 MMBtu/hr) unit TO1:

John Zinc ZTOF

10x40 thermal

oxidizer ENG5 Caterpillar G3516 LE internal combustion engine (800 kW, 9.01 MMBtu/hr)

II. Requirements for Specific Units:

II.A. Emission Limits

1. The s um of hourly CO emissions f rom emission units ENG1, ENG2, ENG3 and TO1 shall not exceed 20.2 lb/hour. [40 C.F.R. § 49.158(c)(2)(i) ]

2. The s um of annual CO emissions from emission units ENG1, ENG2, ENG3 and TO1 shall not exceed 88.3 tons/year. [40 C.F.R. § 49.158(c)(2)(i) ]

II.B. W ork Practice and Operational Requirements

1. The permittee shall maintain a thermal oxidizer, unit TO1, on the stack venting engines ENG4 and ENG5. TO1 must be continuously operated at all times when more than three IC engines are in simultaneous operation. [40 C.F.R. § 49.158(c)(2)(i) ]

2. The engines at this facility shall be limited to firing on landfill gas collected from

the Tri

- Cities Landfill and the Salt River Landfill. [40 C.F.R. § 49.158(c)(2)(i) ]

3. The permittee must minimize each engine’s time s pent at idle during startup and minimize each engine’s startup time to a period needed for appropriate and safe loading of the engine, not to exceed 30 minutes

. [40 C.F.R. § 63.6625(h)]6 4. The permittee must operate and maintain engines ENG1, ENG2, ENG3, EN G4, and ENG5, as well as the thermal oxidizer , at this facility according to the

manufacturer’s emission

- related written instructions or develop a maintenance plan which must provide to the extent practicable for the maintenance and operation of the engine s in a manner consistent with good air pollution control practice fo r minimizing emissions. [40 C.F.R. § 63.6625(e) , 40 C.F.R 63.6(e)(1)(i) and (ii) ]

5. Ongoing maintenance of ENG1, ENG2, ENG3, ENG4 and ENG5 shall include:

a. Changing oil and filter every 1,440 hours of operation or annually, whichever comes first;

b. Inspect spark plugs every 1,440 hours of operation or annually, whichever comes first; and

c. Inspect all hoses and belts every 1,440 hours of operation or annually, whichever comes first, and replace as necessary [ 40 C.F.R. 63 § 63.6603(a) , Table 2d, i tem 1 3 , a

- c ]

6. The permittee must operate and maintain units ENG1, ENG2, ENG3, ENG4 and ENG5 and TO1 according to the manufacturer’s emission

- related written instructions or develop its own maintenance pl an which must provide to the extent practicable for the maintenance and operation of the engine s in a manner consistent with good air pollution control practice for minimizing emissions. [40 C.F.R. § § 63.6625(e) and 63.6640(a) , Table 6, item 9 ]

7. During o peration of units ENG1, ENG2, ENG3, ENG4 and ENG5, the permitt ee must minimize the time of each of the units spent at id le during startup and minimize the engines’ startup time to a period needed for appropriate and safe loading of the engine, not to excee d 30 minutes. [ 40 C.F.R. § 63.6625( h )]

8. At all times the permittee must operate and maintain units ENG1, ENG2, ENG3, ENG4 and ENG5 and TO1 in a manner consistent with safety and good air pollution control practices for minimizing emissions. [ 40 C.F.R. § 63.66 0 5( b )]

II.C. Monitoring and Testing Requirements

1. The permittee shall monitor and record the concentration of CO and O 2 of TO1, ENG1, ENG2 and ENG3 using a portable CO analyzer in accordance with EPA

Conditional Test Method CTM

- 030

. The permitt ee shall conduct this monitoring on a quarterly basis. Any emission source (i.e., ENG1, ENG2, ENG3, ENG4,

ENG5 , or TO1) that did not operate in a given quarter is exempt from the requirement to conduct monitoring during that quarter. [40 CFR § 71.6(a)(3 )(i)(B)]

2. The performance tests required by Condition II.C. 6 of this permit shall be conducted in accordance with the test methods set forth in 40 C.F.R. § 60.8 and 40

C.F.R. Part 60

- Appendix A. These performance tests shall be conducted using

EPA Metho ds 1

- 4 and 10. [40 C.F.R. § 71.6 (a)(3)(i)(B) ]7 3. If the CO concentration for ENG1, ENG2, and ENG3 exceeds 265 ppmv @ 15%

O 2, and TO1 exceeds 5 ppmv @ 15% O 2, , as measured by a portable CO analyzer, the permittee shall take corrective action to return the em issions to below the concentration as soon as possible, but no longer than one hour of operation after detection, and shall retest with the portable CO analyzer. If the emissions continue

to exceed emission limits above

, after one hour of operation after detection, the permittee must shut down the emission unit and not operate it again until the problem has been corrected. The permittee must notify EPA of any such event that lasts for one hour or longer via electronic mail sent to r9.aeo@epa.gov. Each ev ent that equals or exceeds one hour in duration must also be identified in the semi

annual monitoring report required by C ondition III.C.1 of this permit. [40 CFR

7 1 .6(a)(3)(i)(B)]

4. If any emission unit is shut down for one hour or longer as a result of a CO reading

that exceeds 265 ppmv @ 15% O 2 for ENG1, ENG2 and ENG3, or 5 ppmv @ 15%

O 2 for TO1, TCLEF shall begin monthly monitoring of CO emissions from TO1, ENG1, ENG2 and ENG3 for the next three months. After three months of monthly monitoring, TCLEF m ay resume quarterly monitoring. [40 CFR 71.6(a)(3)(i)(B)]

5. During each monthly or quarterly use of the portable CO analyzer on ENG1, ENG2, and ENG3, TCLEF shall monitor and record the engine load in kWs. [40 CFR 71.6(a)(3)(i)(B)]

6. The permittee shall con duct performance tests for CO emissions from engines ENG1, ENG2, and ENG3 and from the thermal oxidizer, TO1. Tests on TO1 shall be conducted at the maximum operating capacity of ENG4 and ENG5. [40 C.F.R. § 71.6 (a)(3)(i)(B) ]

a. The permittee must test emi ssion units ENG1, ENG2, ENG3 and T01 for CO

emissions once every 16 to 24 months. So long as compliance is demonstrated, source testing to measure CO emissions shall be conducted between 16 and 24 months thereafter during the third and fifth years of the p ermit term. If permittee fails any compliance demonstration for CO emission limits during any test required by this condition, the permittee shall test monthly from that point on until compliance is demonstrated. Once compliance is demonstrated, the

perm ittee shall test not less than once every 12 months thereafter for the rest of the permit term. [ 40 C.F.R. § 71.6(a)(3)(i)(B) ]

b. In addition to CO emissions testing in Condition II.C.6.a , any emission unit that was shut down for one hour or longer as a result of a CO reading that exceeds 265 ppmv @ 15% O 2 for ENG1, ENG2 and ENG3, or 5 ppmv @ 15% O 2, for
TO1, shall also be tested during the next scheduled round of performance testing. [40 C.F.R. § 71.6(a)(3)(i)(B)]

II.D. Recordkeeping Requirements

.8 1. The permittee must keep the following records: a copy of each notification and report that you submitted to comply with this subpart ; r ecords of the occurrence and duration of each malfunction of operation ( i.e., process equipment) or the air pollution control and monitoring equipment ; r ecords of all required maintenance performed on the air pollution control and monitoring equipment ; and r ecords of actions taken during periods of malfunction to minimize emissions in accordance with § 63.6605(b) , includ ing corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation. [ 40 C.F.R. § 63.66 5 5( a )]

2. The pemittee must keep records of the manufacturer’s emission

- related opera tion and maintenance instructions or the permittee’s own maintenance plan which must provide to the extent practicable for the maintenance and operation of the engines in a manner consistent with good air pollution control practice for minimizing

emissions

. [ 40 C.F.R. § 63.66 5 5( d )]

3. The permittee must keep records of the maintenance conducted according to the permittee’s own maintenance plan

. [ 40 C.F.R. § 63.66 5 5( e )]

4. The permittee shall maintain a log of the CO monitoring sessions performed with

t he portable analyzer. At a minimum the log shall contain the following records:

a. The date and time of the CO and O 2 measurements
b. The measured O 2 as a percentage

c. The measured CO concentration corrected to 15% O 2 d. engine load in kWs output

e. Manufacturer and m odel of exhaust gas analyzer

f. Exhaust gas analyzer calibration records

g. A description of any corrective action taken to maintain the emissions within the acceptable range [40 C.F.R. § 71.6(a)(3)(i)(B)]

5. The permittee shall maintain a record of all period s of operation of the equipment under this permit. The permittee shall maintain combined operation log of all IC engines and thermal oxidizer to document requirement of TO1 operation when more than three IC engines (of ENG1, ENG2, ENG3, ENG4 and ENG5) are in

simultaneous operation. The log shall contain the dates and times of each start

- up and shutdown of each engine and the thermal oxidizer

. [40 C.F.R. § 71.6(a)(3)(i)(B)]

6. The permittee shall maintain records of the occurrence and duration of any

mal function in the operation of the equipment under this permit . [40 C.F.R. § 71.6(a)(3)(i)(B)]

7. Records shall be retained for at least five (5) years following the date of such measurement, maintenance, reports, and records, except that the most recent two9 years of data do not have to be retained on site. [40 C.F.R. § § 63.6660

, 63.10(b)(1) and 71.6(a)(3)(ii)(B ]

II.E. Compliance Schedule [40 C.F.R. § 71.5(c)(8)(iii) and 71.6(c)(3)]

1. For applicable requirements with which the source is in compliance, t he 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.

III. Facility

- Wide or Generic Permit Requirements

Co nditions in this section of the permit (Section III) apply to all emissions units located at the facility. [40 C.F.R. § 71.6(a)(1)]

III.A. Testing Requirements [40 C.F.R. § 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 complianc e purposes:

1. Submit to EPA a source test plan 45 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 Assu rance 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 an d QC Procedures 8.2 Report Content10 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). If test ing at this operating rate is not achievable due to a lack of available landfill gas, an alternative approach shall be specified in the test plan submitted in accordance with Condition

III.A.1

3. Only regular operating staff may adjust the processes or e mission 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

i nformation:

a. Fuel characteristics and/or amount of product processed (if applicable).

c. All parametric data which is required to be monitored in Section II for the emissions unit being tested.

d. Other source specific data identified in Section I I 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

emissions re sults shall be reported as the arithmetic average of all valid test

runs and in 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 EPA within 60 days of comple ting any required source test.

III.B. Recordkeeping Requirements [40 C.F.R. § 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, th e permittee shall comply with the following generally applicable recordkeeping requirements:

1. The permittee shall keep records of required monitoring information that include the following:11 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

measureme nt.

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 a nd maintenance records, all original strip

- chart recordings for continuous monitoring instrumentation, and copies of all reports required by this permit.

III.C. Reporting Requirements [40 C.F.R. § 71.6 (a)(3)(iii)]

1. The permittee shall submit to EPA R egion 9 reports of any monitoring required under § 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 EPA and shall be postmarked by the 30th day

follow ing 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

.

a. A monitoring repor t under this section must include the following:

(1) The company name and address,

(2) The beginning and ending dates of the reporting period,

(3) The emissions unit or activity being monitored

(4) The emissions limitation or standard, including operat ional requirements and limitations (such as parameter ranges), specified in the permit for which compliance is being

monitored.12 (5) All instances of deviations from permit requirements, including those attributable to upset conditions as defined in the pe rmit and including excursions or exceedances as defined under 40 C.F.R. Part 64, and the date on which each

deviation occurred.

(6) If the permit requires continuous monitoring of an emissions limit or parameter range, the report must include the total

op erating 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.

(7) 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 tot al duration of deviations indicated by such monitoring or the actual records of

deviations.

(8) All other monitoring results, data, or analyses required to be reported by the applicable requirement.

(9) The name, title, and signature of the responsible o fficial 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 Conditions III.C.1.a(1) through (9) above shall satisfy the requirement u nder Condition 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 fr om any testing, monitoring, or record keeping established in accordance with § 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:

(1) A situation when emissions exceed an emission limitation or standard;13 (2) A situation when there is an excursion of a process or control

device

(3) A situation in which observations or data collected demonstrate noncompliance w ith an emission limitation or standard or any work practice or operating condition required by the permit.

(4) A situation in which an exceedance or an excursion, as defined in the compliance assurance plan (40 C.F.R. Part 64),

occurs.

2. The permittee s hall promptly report to the EPA Regional Office deviations from permit or start

- up, shutdown

, and malfunction plan requirements, including those attributable to upset conditions as defined in this permit, the probable cause of such deviations, and any corr ective 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 unde rlying applicable requirement does not define prompt or provide a timeframe for reporting deviations, reports of deviations will be submitted based on the following schedule:

(1) For emissions of a hazardous air pollutant or a toxic air pollutant(as ident ified 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.

(2) For emissions of any regulated pollutant excluding a hazardous air pollutant or a toxi c air pollutant that continue for more than two hours in excess of permit requirements, the report must be made within 48 hours.

(3) For all other deviations from permit requirements, the report

shall be submitted with the semi

- annual monitoring report

re quired in Condition III.C.1.a of this permit.

3. If any of the Conditions in III.C.2.b of this permit are met, the source must notify the permitting authority by telephone or facsimile based on the timetable listed. A written notice, certified consisten t with Condition III.C.4 of this Section must be submitted within 10 working days of the occurrence.14 All deviations reported under this section must also be identified in the 6

- month report required under Condition III.C.1 of this Section.

4. Any applic ation 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.

IV. Title V Administrative Requirements

IV.A. Fee Payment [40 C.F.R. §§ 71.6(a)(7)

, 71.9(c)(6) , 71.9(h)(3), 71.9(e)(2), 71.9(c)(5)(i) , (ii), an d (i ii), 71.9(i), 71.9(j)(1) and (2), 71.9(j)(3).]

1. The permittee shall pay an annual permit fee in accordance with the procedures outlined below.

2. The permittee shall pay the annual permit fee by July 17 of each year.

3. The fee payment shall be i n 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 U.S. Environmental Protection Agency.

4. The permittee shall send fee payment and a completed fee filing form to one of the two addresses below :

U.S. Environmental Protection Agency FOIA and Miscellaneous Payments

Cincinnati Finance Center

P.O. Box 979078

St. Louis

, MO 63197

- 9000

Address for Express Delivery or when a physical address is requi red:

U.S. Bank

Government Lockbox 979078 US EPA FOIA and Miscellaneous. Payments

1005 Convention Plaza

Mail Station SL

- MO

- C2GL St. Louis, MO 63101

5. 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 below:15 U.S. EPA Region 9 Director, Air Division (Attn: AIR

- 3 )

75 Hawthorne Street San Francisco, CA 94105

Permittee should note that an annual emissions report, required at the same time as the fee calculation worksheet by 40 C.F.R. § 71.9(h), has been incorporated into the fee calculation worksheet form as a convenience.

6. Basis for calculating a nnual 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 tim e 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. [40 CFR §71.9(c)(6)]

(2) Actual emissions shall be computed using methods required by

t he permit for determining compliance, such as monitoring or source testing data. [40 CFR §71.9(h)(3)]

(3) If actual emissions cannot be determined using the compliance methods in the permit, the permittee shall use other federally recognized procedures. [ 40 CFR § 71.9(e)(2)]

(4) The term “regulated pollutant (for fee calculation)” is as defined

in 40 C.F.R. § 71.2.

(5) The presumptive fee amount is revised each calendar year to account for inflation, and it is available from EPA prior to the

start of eac h calendar 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; [40 CFR §71 .9(c)(5)(i)]16 (2) Actual emissions of any regulated pollutant (for fee calculation) already included in the fee calculation [40 CFR §71.9(c)(5)(ii)] ; and

(3) The quantity of actual emissions (for fee calculation) of insignificant activities [defined in 40 C.F.R. § 71.5(c)(11)(i)] or of insignificant emissions levels from emissions units identified in the permittee’s application pursuant to 40 C.F.R. § 71.5(c)(11)(ii). [40 CFR §71.9(c)(5)(iii)]

7. Fee calculation worksheets shall be ce rtified as to truth, accuracy, and completeness by a responsible official. [Permittees should note that the fee calculation worksheet form already incorporates a section to help you meet this responsibility.]

8. The permittee shall retain fee calculation worksheets and other emissions

related data used to determine fee payment for five years following submittal of fee payment. Emission

- related data include, for example,

emissions

- related forms provided by EPA 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 C.F.R. § 71.6(a)(3)(ii). [40 CFR §71.9(i)]

9. Failure of the permittee to pay fees in a timely manner shall subject the permittee to assessment of penalties and interest in accordance with 40 C.F.R. § 71.9(l).

10. When notified by EPA of underpayment of fees, the permittee shall remit full payme nt within 30 days of receipt of notification. [40 CFR §71.9(j)(1) and (2)]

11. A permittee who thinks an EPA assessed fee is in error and who wishes to challenge such fee, shall provide a written explanation of the alleged error to EPA along with full pay ment of the EPA assessed fee. [ 40 CFR §71.9(j)(3)]

IV.B. Blanket Compliance Statement [40 C.F.R. § § 63.6605(a), 71.6(a)(6)(i) and (ii), and Sections 113(a) and 113(e)(1) of the Act, and 40 C.F.R. §§ 60.11(g), and 63.6605(b) ]

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, o r monitoring activities; or any regulation or order issued by the permitting authority17 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 permi t. [ 40 C.F.R. § § 63.6605(a) and 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 Act, 40 C.F.R. §§ 60.11(g), and

63. 6605(b) ]

IV.C. Compliance Certifications [40 C.F.R. § 71.6(c)(5)]

1. The permittee shall submit to EPA Region 9 a certification of compliance with permit terms and conditions, including emission limitations, standards, or work prac tices, postmarked by January 30 of each year and covering the previous calendar year. The compliance certification shall be certified as to truth, accuracy, and completeness by the permit

- designated responsible

official consistent with Section IV.E. of th is permit and 40 C.F.R. § 71.5(d).

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 c ompliance 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 Ai r 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. T he 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.18 IV.D. Duty to Provide and Supplement Information [40 C.F.R. § 71.6(a)(6)( v), 40 C.F.R. § 71.5(b)]

The permittee shall furnish to EPA, within a reasonable time, any information that EPA may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine com pliance with the permit. Upon request, the permittee shall also furnish to the EPA 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 confidentia l should be accompanied by a claim of confidentiality according to the provisions of 40 C.F.R. P art 2, S ubpart B. The permittee, upon becoming aware that any relevant facts were omitted or incorrect information was submitted in the permit application, sha ll 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 [40 C

. F

. R

. § 71.5(d), C.F.R. § 71.6 and 40 C

. F

. R

. § 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 informat ion 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

certification s, fee calculation worksheets, and applications for renewals and permit

modifications shall be submitted to:

U.S. EPA Region IX Director, Air Division (Attn: AIR

- 3)

75 Hawthorne Street San Francisco, CA 94105

IV.F. Severability Clause [40 C

. F

. R

. § 7 1.6(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 C

. F

. R

. § 71.6(a)(6)(iii)]

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 cha nges or anticipated noncompliance does not stay any permit condition.

IV.H. Reopening for Cause [40 C

. F

. R

. § 71.7(f)]19 1. EPA shall reopen and revise the permit prior to expiration under any of the following circumstances:

a. Additional applicable requi rements under the Act become applicable to a major Part 71 source with a remaining permit term of 3 or more

years.

b. Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program.

U pon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.

c. EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions

stan dards or other terms or conditions of the permit.

d. EPA determines that the permit must be revised or revoked to assure compliance with the applicable requirements.

IV.I. Property Rights [40 C

. F

. R

. § 71.6(a)(6)(iv)]

This permit does not convey any pr operty rights of any sort, or any exclusive privilege.

IV.J. Inspection and Entry [40 C

. F

. R

. § 71.6(c)(2)]

Upon presentation of credentials and other documents as may be required by law, the permittee shall allow authorized representatives from 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.K. Reserved20 IV.L. Transfer of Ownership or Operation [40 C

. F

. R . § 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 EPA determines no other change in this permit is necessary and provided that a written agreement containing a specifi c date for transfer of permit responsibility, coverage, and liability between the current and new permittee has

been submitted to EPA.

IV.M. Off Permit Changes [40 C

. F

. R

. § 71.6(a)(12)]

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 EPA of each change, except for changes that qualify as insignificant activities under 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 permit shield does not apply to changes made under this provision; and

6. 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.N. Permit Expiration and Renewal [40 C

. F

. R

. § 71.5(a)(1)(iii), 40 C

. F

. R

. § 71.6(a)(11), 40 C

. F

. R

. § 71.7(b), 40 C

. F

. R

. 71.7(c)(1)(i) and (ii) , 40 C

. F

. R

. § 71.7(c)(3). ]

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

a

. five (5) years elapses from the date of issuance; or

b

. the source is issued a part 70 permit by an EPA

- approved permitting

author ity.21 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 per mit.

3. If the permittee submits a timely and complete permit application for renewal, consistent with § 71.5(a)(2), but EPA has failed to issue or deny the renewal permit, then the permit shall not expire until the renewal permit

has been issued or denie d and any permit shield granted pursuant to § 71.6(f) may extend beyond the original permit term until renewal.

4. If the permittee submits a timely and complete permit application for renewal, consistent with § 71.5(a)(2), t he permittee’s failure to have a Part 71 permit is not a violation until EPA 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 EPA.

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

affected Sta te, 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 incorpora ted into the permit during the permit term, and other information required by the application form.

IV.O Administrative Permit Amendments [40 C.F.R. § 71.7(d)]

1. The permittee may request the use of administrative permit amendmen t procedures for a permit revision that:

a. Corrects typographical errors.

b. 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.

c. Requires more frequent monitoring or reporting by the permittee.

d. Allows for a change in ownership or operational control of a source where the EPA determines that no other change in the permit is necessary, provided that a written agreement containing a specifi c22 date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the

EPA.

e. 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 §§ 71.7 and 71.8 that would be applicable to the change if it were subject to review as a permit modification, and compliance requ irements substantially equivalent to those contained in § 71.6.

f. Incorporates any other type of change which EPA has determined to be similar to those listed above in Conditions IV.O.1.(a) through (e),

above.

IV.P. Minor Permit Modifications [40 C.F .R. §§ 71.7(e)(1), 71.7(e)(1)(vi)]

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 emission 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 otherw ise be subject. Such terms and

conditions include:

(1) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of title I;

and

(2) An alternative emissions limit approved pursuant to regulations promul gated under section 112(i)(5) of the Clean

Air Act:23 (i) Are not modifications under any provision of title I of the Clean Air Act; and

(ii) Are not required to be processed as a significant

modification.

2. Notwithstanding the list of changes eligible f or minor permit modification procedures in Condition IV.P.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 t he 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 C.F.R. § 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 dra ft permit;

c. Certification by a responsible official, consistent with 40 C.F.R. § 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

d. Comp leted forms for the permitting authority to use to notify affected States as required under 40 C.F.R. § 71.8.

4. The source may make the change proposed in its minor permit modification application immediately after it files such application. After the s ource makes the change allowed by the preceding sentence, and until the permitting authority takes any of the actions authorized by 40 C.F.R. § 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 cond itions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.

5. The permit shield under 40 C.F.R. § 71.6(f) may not extend to minor permit

modifications.24 IV.Q. Group Processing of Minor Permit Modifications . [40 C.F.R. §§ 71.7(e)(2), 71.7(e)(1)(vi)].

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 Condition IV.P 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 C.F.R. § 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 C.F.R. § 71.5(c), and shall include the following:

a. A description of the change, the emission s 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 C.F.R. § 71.5(d), that the proposed modif ication 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, aggreg ated with these other applications, equals or exceeds the threshold set under subparagraph (a)(ii) above.

e. Completed forms for the permitting authority to use to notify affected States as required under 40 C.F.R. § 71.8.

3. The source may make the cha nge 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 § 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 permi t terms and conditions it seeks to modify. However,25 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.

4. The permit shield under § 71.6(f) may not extend to group processing of minor permit modifications.

IV.R. Significant Permit Modifications [40 C.F.R. §§ 71.7(e)(3), 71.7(e)(3)(ii), 71.5(a)(2)]

1. The permittee must request the use of significant permit modificat ion 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. Permittees 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 C.F.R. § 71.5(c) for permit issuance and renewal, but only that information

t hat is related to the proposed change.