-- PROPOSED

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1 TITLE V PERMIT TO OPERATE

Permit No. SR

- R OP

- 11

- 01

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 P ima

- Maricopa Indian Community

Tri

- Cities Landfill

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 me aning 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 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 Deborah Jordan Director, Air Division

EPA Region IX-- PROPOSED

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2 Abbreviations and Acronyms

AFS AIRS Facility Subsystem

AIRS Aerometric Information Retrieval System

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

hr hour

Id. No. Identification Number

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

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

ppmv parts per million by volume

ppmw parts per million by weight

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

SSM Startup, Shutdown, and Malfunction

TSP Total Suspended Particulate

US EPA United States Environmental Protection Agency

VOC Volatile Organic Compounds-- PROPOSED

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3 TABLE OF CONTENTS

Cover Page Abbreviations and Acronyms

I. Source Identification

II. Requirem ents for Specific Units

A. NSPS Standards for Air Emissions

B. NSPS Operational Standards for Collection and Control Systems

C

. NSPS Compliance Provisions

D. Startup, Shutdown, and Malfunction Plan

E

. Monitoring and Testing Requirements

F

. Recordkeeping Requirements

G

. Compliance Schedule

III. Facility

- Wide or Generic Permit Conditions

A. Testing Requirements

B. Recordkeeping Requirements

C. Reporting Requirements

D

. NSPS and NESHAP General Provisions

E. Risk Management Plan

F. Stratospheric Ozone Protection

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. 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 Renewal

O. Administrative Permit Amendments

P. Minor Permit Modifications Q. Group P rocessing of Minor Permit Amendments

R. Significant Modifications-- PROPOSED

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4 S. Permit Shield

I. Source Identification

Parent Company name: Salt River Pima

- Maricopa Indian Community

Parent Company Mailing Address: 10005 East Osborn Rd.

City: Scottsdale State: AZ Zip: 85 256

Plant Name: Tri

- Cities Landfill

Plant Location: Section 24, T2N, R5E , approximately 2.5 miles east and 1 mile south of the

SRPMIC museum at 10,005 East Osborn Rd.

City: Scottsdale State: AZ

County: Maricopa

EPA Region: 9

Reservation: Salt River Pima

- Maricopa Indian Community

Tribe: Onk Akimel Au

- Authm (Pima) and Xalchidom Pii

- pash (Maricopa)

Company Contact: Christopher Horan Phone: (480) 362

- 7628 Environmental Protection & Natural Resources (EPNR) Manager

Plant Manager/Contact: same Phone: same

Responsible Official: Diane Enos (President) Phone: (480 ) 850

- 8000

SIC Code: 49 53 (Refuse Systems)

AFS Plant Identification Number: 04

- 013

- SAL02

Descript ion of Process: landfilling of municipal solid w aste-- PROPOSED

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5 II. Requirements for Specific Emission Units

II.A. NSPS Standard s for Air Emissions [40 C.F.R. § 60.752(b)(2)(ii) ]

1. The permittee shall operate a landfill gas collection system that meets the following requirements :

a. the system is designed to handle the maximum expected gas flow rate

from the entire area of the landfill that warrants control over the intended use period of the gas collection system;

b. landfill gas is collected from each area, cell, or group of cells in the

landfill in whi ch the initial solid waste has been placed for a period of five

years or more , or two years or more if the landfill is closed or at final grade ;

c. gas is collected at a sufficient extraction rate; and

d. the system is designed to minimize off

- site migra tion of subsurface gas.

2. The permittee shall route all collected landfill gas to an open flare designed and operated in accordance with § 60.18 and § 63.11 or an enclosed combustion

device which reduce s NMOC 98 percent by weight or reduce s the outlet NM OC concentration to less than 20 parts per million by volume, dry basis as hexane at 3

percent oxygen. The reduction efficiency or parts per million by volume shall be established by an initial performance test, required under § 60.8 using the test

method s specified in § 60.754(d). [40 C.F.R. § 60.752(b)(iii) , 40 C.F.R. § 60.18(c) through (f) , 40 C.F.R. § 63.11(b) ]

II.B. NSPS Operational Standards for Collection and Control Systems [40 C.F.R. § 60.753 ]

1. The permittee shall operate the landfill gas collection system such that all collected gases are vented to a control system designed and operated in compliance with §60.752(b)(2)(iii). In the event the collection or control system is inoperable, the gas m over system shall be shut down and all valves in the collection and control system contributing to venting of the gas to the atmosphere

shall be closed within 1 hour

. [40 C.F.R. § 60.753(e)]

2. The permittee shall operate the landfill gas control or treatment system at all times when the collected gas is routed to the system

. [40 C.F.R. § 60.753(f)]-- PROPOSED

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6 3. The Permittee shall operate the collection system with negative pressure at each wellhead except as allowed by 40 CFR 60.753(b)(1) through (3). [40 C.F.R. § 60.753(b)]

4. The Permittee shall operate each interior wellhead in the collection system with a landfill gas temperature less than 55 o C and with either a nitrogen level less than 20 percent or an oxygen level less than 5 percent. [40 C.F.R. § 60.753(c)]

5. The nitrogen level shall be determined using Method 3C. [40 C.F.R. § 60.753(c)(1)]

6. The oxygen level shall be determined by an oxygen meter using Method 3A except that:

a. The span shall be set so that the regulatory limit is between 20 and 50 percent of the span;

b. A data recorder is not required;

c. Only two calibration gases are required, a zero and span, and ambient air may be used as the span; and

d. A calibration error check is not required;

e. The allowable sample bias, zero drift, and calibration drift are ±10 percent. [40 C.F.R. § 60.753(c)(2)]

II. C . NSPS Compliance Provisions

1. The provisions of NSPS subpart WWW apply at all times, except during periods of startup, shutdown, or malfunction, provided that the duration of startup, shutdown, or malfunction shall not exceed 5 days for collection systems and shall

not exceed 1 hour for treatment or control devices. [40 C.F.R. § 60.755(e)]

2. The following procedures shall be used for compliance with the surface m ethane operational standard as provided in §60.753(d). [40 C.F.R. § 60.755(c)]

a. After installation of the collection system, the owner or operator shall monitor surface concentrations of methane along the entire perimeter of

the collection area and alo ng a pattern that traverses the landfill at 30 meter intervals (or a site

- specific established spacing) for each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specific ations provided in §60.753(d)

.-- PROPOSED

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7 b. The background concentration shall be determined by moving the probe inlet upwind and downwind outside the boundary of the landfill at a distance of at least 30 meters from the perimeter wells.

c. Surface emission monitoring shall be performed in accordance with

section 4.3.1 of EPA Method 21, except that the probe inlet shall be placed within 5 to 10 centimeters of the ground. Monitoring shall be performed during typical meteorological conditions.

d. Any reading of 500 parts per million or more above background at any

location shall be recorded as a monitored exceedance and the actions specified below shall be taken. As long as each of the specified actions are taken, the exceedance is not a viol ation of the operational requirements of §60.753(d).

(1) The location of each monitored exceedance shall be marked and

the location recorded.

(2) Cover maintenance or adjustments to the vacuum of the adjacent wells to increase the gas collection in the vicinity of each

exceedance shall be made and the location shall be re

- monitored within 10 calendar days of detecting the exceedance.

(3) If the re

- monitoring of the location shows a second exceedance,

additional corrective action shall be taken and the l ocation shall be monitored again within 10 days of the second exceedance. If the

re

- monitoring shows a third exceedance for the same location, the action specified in § 60.755 (c)(4)(v) shall be taken, and no further monitoring of that location is require d until the action specified in § 60.755 (c)(4)(v) has been taken.

(4) Any location that initially showed an exceedance but has a methane concentration less than 500 ppm methane above background at the 10

- day re

- monitoring specified in paragraph § 60.755(c )(4) (ii) or (iii) shall be re

- monitored 1 month from the

initial exceedance. If the 1

- month re

- monitoring shows a concentration less than 500 parts per million above background, no further monitoring of that location is required until the next quarterly m onitoring period. If the 1

- month re

- monitoring shows an exceedance, the actions specified in paragraph (c)(4) (iii) or (v)

shall be taken.

(5) For any location where monitored methane concentration equals or exceeds 500 parts per million above backgroun d three times within-- PROPOSED

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8 a quarterly period, a new well or other collection device shall be installed within 120 calendar days of the initial exceedance. An alternative remedy to the exceedance, such as upgrading the blower, header pipes or control device, and a corresponding timeline for installation may be submitted to the Administrator for approval.

3. The owner or operator shall implement a program t o monitor for cover integrity and implement cover repairs as necessary on a monthly basis. [40 C.F.R. §60.755(c)]

II.D. Startup, Shutdown, and Malfunction Plan

1. The permittee shall have in place a written Startup, Shutdown, and Malfunction (SSM) plan according to the provisions in 40 C.F.R. 63.6(e)(3). A copy of the SSM plan must be maintained on site. Failure to write, implement, or maintain a copy of the SSM p lan is a deviation from the requirements 40 C.F.R. 63, Subpart

AAAA. [40 C.F.R. § 63.1960]

II. E . Monitoring and Testing Requirements

1. The permittee shall install a sampling port and a thermometer, other temperature measuring device, or an access por t for temperature measurements at each

wellhead

, and:

a. m easure and record the gauge pressure at each individual well on a monthly basis ;

b. m onitor and record the nitrogen or oxygen concentration in the landfill gas on a monthly basis ; and

c. m onitor and record the temperature of the landfill gas on a monthly basis

. [40 C.F.R. § 60.756(a) , §60.755(a)(3), §60.755(a)(5) ]

2. The permittee shall include deviations specified in 40 C.F.R. 63, Subpart AAAA (Municipal Solid Waste Landfills) in the semiannual monitoring report required by condition III.C. 1

. Deviations for continuous emission monitors or numerical continuous parameter monitors must be determined using a 3

- hour monitoring block average. Deviations include, but a re not limited to the following [ 40 C.F.R. § 63.1955(c); 40 C.F.R. § 63.1965 (a), (b), and (c)]:

a. all 3

- hour periods of operation during which the average combustion temperature of the enclosed combustor was more than 28 o C below the-- PROPOSED

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9 average combustion temperature during the most recent performance test at which compliance with 40 C.F.R. 60.752(b)(2)(iii) was determined.

b. when 1 hour or more of the hours during the 3

- hour block averaging period does not constitute a valid hour of data. A valid hour of data must

have measured values for at least three 15

- minute monitoring periods

within the hour.

c. when the Start

- up, Shutdown, and Maintenance Plan is not developed, implemented, or maintained on site.

3. The permittee shall conduct performance tests to verify compliance with condition II.A.2 on an annual basis. This testing shall be conducted in accordance

with EPA Method 18 or 25. [40 C.F.R. § 71.6(a)(3)]

II. F . Recordkeeping Req uirements

1. The permittee shall maintain for at least five years up

- to

- date, readily accessible,

on

- site records of the design capacity report which triggered §60.752(b), the

current amount of solid waste in

- place, and the year

- by

- year waste acceptance

r ate. Off

- site records may be maintained if they are retrievable within 4 hours. Either paper copy or electronic formats are acceptable. [40 C.F.R. § 60.758(a)]

2. The permittee shall maintain up

- to

- date, readily accessible records for the life of

the control equipment of the following data as measured during the initial performance test or compliance determination:

a. The maximum expected gas generation flow rate as calculated in §60.755(a)(1). The owner or operator may use another method to determine the maximum gas generation flow rate, if the method has been approved by the Administrator.

b. The density of wells, horizontal collectors, surface collectors, or other gas extraction devices determined using the procedu res specified in §60.759( a)(1).

Records of this data from subsequent tests or monitoring shall be maintained for a minimum of five years. Records of the control device vendor specifications shall

be maintained until removal of the control device. [40 C.F.R. § 60.758(b)(1)]-- PROPOSED

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10 3. When seeking to demonstrate compliance with 40 C.F.R. 60.752(b)(2)(iii) through use of an enclosed combustion device, the permittee shall maintain up

- to

date, readily accessible records of the following [40 C.F.R. § 60.758(b)(2)]:

a. The average combusti on temperature measured at least every 15 minutes and averaged over the same time period as the performance test.

b. The percent reduction of NMOC determined as specified in 40 C.F.R.

6 0.752(b)(2)(iii)(B) achieved by the control device.

4. When seeking t o demonstrate compliance with § 60.752(b)(2)(iii)(A) through use of an open flare, the permittee shall maintain up

- to

- date, readily accessible records of the following [40 C.F.R. § 60.758(b)(4)] :

a. the flare type (i.e., steam

- assisted, air

- assisted, or no nassisted), all visible emission readings, heat content determination, flow rate or bypass flow rate measurements, and exit velocity determinations made during the performance test as specified in § 60.18; and

b. continuous records of the flare pilot flam e or flare flame monitoring and records of all periods of operations during which the pilot flame of the

flare flame is absent.

5

. The permittee shall maintain for at least five years up

- to

- date, readily accessible records of all data required by conditio ns II.C.2 and II.C.3. [40 C.F.R. § 71.6(a)(3)(i)(B) and (C); 40 C.F.R. § 71.6(a)(3)(ii); 71.6(c)(1)]

II. G . Compliance Schedule

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

will continue to comply with such requirements. [40 C.F.R. § 71.5(c)(8)(iii); 40 C.F.R. § 71.6(c)(3)]

2. For applicable requirements that will become effective during the permit term, the source shall meet such requirements on a timely basis. [40 C.F.R. § 71.5(c)( 8)(iii); 40 C.F.R. § 71.6(c)(3)]

III. Facility

- Wide or Generic Permit Requirements

Conditions in Section III of the permit apply to all emissions units located at the facility

III.A. Testing Requirements [40 C.F.R. § 71.6(a)(3)]

In addition to the uni t specific testing requirements derived from the applicable requirements for each individual unit contained in Section II of this permit, the permittee-- PROPOSED

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11 shall comply with the following generally applicable testing requirements as necessary to

ensure that th e required tests are sufficient for compliance 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 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 a nd 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 oper ating staff may adjust the processes or emission control device parameters during a compliance source test. No adjustments are to 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.-- PROPOSED

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12 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 O2, etc.

5. Each source test shall cons ist of at least three (3) valid test runs and the emissions 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 EPA within 60 days of completing 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 requi rements 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 five 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.

III.C. Reporting Requiremen ts-- PROPOSED

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13 1. The permittee shall submit to EPA Region 9 reports of any monitoring required under § 71.6(a)(3)(i)(A), (B), or (C) for 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 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

resp onsible official consistent with condition IV.E. [40 C.F.R. § 71.6 (a)(3)(iii)]

a. The monitoring report must include the following:

(1) The company name and address,

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

(3) The emissions unit o r activity being monitored

,

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

,

(5) All instances of deviations from permit requirements, 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 paramete r 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

sy stem 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 total 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 , and

(9) Th e name, title, and signature of the responsible official who is certifying to the truth, accuracy, and completeness of the report.-- PROPOSED

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14 b. Any report required by an applicable requirement that provides the same information described in paragraph III.C.1.a(1) t hrough (9) above shall satisfy the paragraph III.C.1.a requirement. [40 C.F.R. § 71.6 (a)(3)(iii)]

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

deviati on can be determined by observation or through review of data obtained from 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 consid ered a separate deviation. Included in the meaning of deviation are any of the following : [40 C.F.R. § 71.6 (a)(3)(iii)] :

(1) A situation when emissions exceed an emission limitation or standard;

(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 with an emission limitation or standard or any work practice or operating condition required by the permit , or

(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 shall promptly report to EPA Region 9 deviations from permit or

start

- up, shut

- down malfunction plan 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 : [40 C.F.R. § 71.6 (a)(3)(iii)]

a. Any definition of “prompt” or a specific timeframe for reporting deviations provided in an underlying applicable requirement as identified in this permit; or

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:

(1) For emissions of a hazardous air pollutant or a toxic air pollutant(as identified in the appl icable regulation) that continue for more than an hour in excess of permit requirements, the report must be made within

24 hours of the occurrence.-- PROPOSED

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15 (2) For emissions of any regulated pollutant excluding a hazardous air pollutant or a toxic air pollutant t hat 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 required in

paragra ph III.C.1.a of this permit.

3. If any of the section III.C.2.b. reporting requirements are triggered , the source must notify EPA Region 9 by telephone

, facsimile , or electronic mail based on the timetable listed. A written notice, certified consistent w ith paragraph III.C.4 of this permit section must be submitted within 10 working days of the occurrence. All deviations reported under section III.C. must also be identified in the 6

- month report required under paragraph III.C.1. [40 C.F.R. § 71.6 (a)(3 )(iii)]

4. Any application form, report, or compliance certification required to be submitted by this permit shall be certified by a responsible official as to the truth, accuracy, and completeness of the submittal . 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. [40 C.F.R. § 71.5 (d)]

5. The permittee shall submit annual reports with the following information. Each

r eport shall be postmarked by January 30 of each year and cover the previous calendar year. For enclosed combustion devices and flares, reportable exceedances are defined under §60.758(c). [40 C.F.R. § 60.757(f)]

a. Value and length of time for exceedan ce of applicable parameters monitored under §60.756(a), (b), (c), and (d).

b. Description and duration of all periods when the gas stream is diverted from the control device through a bypass line or the indication of bypass flow as specified under §60.75 6.

c. Description and duration of all periods when the control device was not operating for a period exceeding 1 hour and length of time the control device was not operating.

d. All periods when the collection system was not operating in excess of 5 days

.-- PROPOSED

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16 e. The location of each exceedance of the 500 parts per million methane concentration as provided in §60.753(d) and the concentration recorded at each location for which an exceedance was recorded in the previous

month.

f. The date of installation and the location of each well or collection system expansion added pursuant to paragraphs (a)(3), (b), and (c)(4) of §60.755.

g. The initial report shall include:

(1) A diagram of the collection system showing collection system positioning including all we lls, horizontal collectors, surface collectors, or other gas extraction devices, including the locations of any areas excluded from collection and the proposed sites for the future collection system expansion;

(2) The data upon which the sufficient density of wells, horizontal collectors, surface collectors, or other gas extraction devices and the gas mover equipment sizing are based;

(3) The documentation of the presence of asbestos or nondegradable

material for each area from which collection wells have been excluded based on the presence of asbestos or nondegradable material;

(4) The sum of the gas generation flow rates for all areas from which collection wells have been excluded based on nonprodu ctivity and the calculations of gas generation flow rate for each excluded area; and

(5) The provisions for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maxim um flow rate expected over the life of the landfill; and

(6) The provisions for the control of off

- site migration.

6. The permittee shall report to EPA Region 9 any actions not consistent with the

SSM Plan. The initial report shall be within two working days via telephone, facsimile, or electronic mail sent to r9.aeo@epa.gov, followed by a letter delivered or postmarked within seven working days after the end of the event. The letter shall contain the name, title, and signature of the responsible official who is certifying its accuracy, explaining the circumstances of the event, the reasons for not following the SSM Plan, and whether any excess emissions and or parameter monitoring exceedances are believed to have occurred. [40 C.F .R. § 63.10(d)(5)]-- PROPOSED

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17 III.D. NSPS and NESHAP General Provisions

1

. All requests, reports, applications, submittals, and other communications to the Administrator pursuant to 40 C.F.R. Part 60 shall be submitted in duplicate to the

EPA Region 9 office at the following address : [40 C.F.R. § 60.4(a)]:

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

- 3 )

75 Hawthorne Street San Francisco, CA 94105

2

. The permittee shall provide written notification to EPA 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, in accordance with 40 C.F.R. 60.7

. [40 C.F.R. § 60.7(a)]

3

. The permittee 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 C.F.R. § 60.7(b)]

4

. 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 C .F.R. 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 C.F.R. § 71.6(a)(3)(ii), 40 C.F.R. § 60.7(f)]

5

. The availability to the public of information provided to, or otherwise obtained by, the EPA Administrator under this permit shall be governed by 40 C.F.R. Part

2. (Information submitted voluntarily to the Administrator for the purposes of

compliance with 40 C.F.R. 60.5 and 60.6 is governed by 40 C.F.R. 2.201 through 2.213 and not by 40 C.F.R. 2.301.) [40 C.F.R. § 60.9]

6

. Compliance with the NMOC standard listed in condition II.A.2.of this permit

shall be determined in accordance with performance tests established by 40-- PROPOSED

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18 C.F.R. 60.8. [40 C.F.R. § 60.11(a)]

7

. At all times, including periods of startup, shutdown, and malfunction, the permittee shall, to the extent practicable, maintain and operate this facility 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

ba sed 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 C.F.R. § 60.11(d)]

8

. 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 C.F.R. Part 60, nothing shall preclude the use, including the exclusive use, of any credible

eviden ce 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 C.F.R. § 60.11(g)]

9

. No owner or ope rator subject to the provisions 40 C.F.R. Part 60 or C.F.R. Part 6 3 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 C.F.R. § 6 0.12, 40 C.F.R. § 63.4(b)]

1 0

. With respect to compliance with all New Source Performance Standards (NSPS) of 40 C.F.R. Part 60, the permittee shall comply with the “General notification and reporting requirements” found in 40 C.F.R. 60.19. [40 C.F.R. § 60.19]

1 1

. With respect to compliance with all National Emission Standards for Hazardous Air Pollutants (NESHAP) of 40 C.F.R. Part 63, the permittee shall comply with the “Notification requirements” found in 40 C.F.R. 63.9. [40 C.F.R. § 63.9]

1 2

. When actions t aken by the permittee during a startup, shutdown, or malfunction (including actions taken to correct a malfunction) are consistent with the procedures specified in the startup, shutdown, and malfunction plan, the owner the permittee must keep records for t hat event which demonstrate that the procedures specified in the plan were followed. These records may take the form-- PROPOSED

--

19 of a “checklist,” or other effective form of recordkeeping that confirms conformance with the startup, shutdown, and malfunction plan for that event. In addition, the permittee must keep records of these events as specified in §63.10(b), including records of the occurrence and duration of each startup, shutdown, or malfunction of operation and each malfunction of the air pollution

control a nd monitoring equipment. Furthermore, the permittee shall confirm that actions taken during the relevant reporting period during periods of startup, shutdown, and malfunction were consistent with the startup, shutdown and malfunction plan in the semiannua l (or more frequent) startup, shutdown, and malfunction report required in §63.10(d)(5). [40 C.F.R. § 63.6(e)(3)(iii)]

1 3

. If an action taken by the permittee during a startup, shutdown, or malfunction (including an action taken to correct a malfunction ) is not consistent with the procedures specified in the startup, shutdown, and malfunction plan, and the permittee exceeds any applicable emission limitation in the relevant emission standard, then the permittee must record the actions taken for that even t and must report such actions within 2 working days after commencing actions inconsistent with the plan, followed by a letter within 7 working days after the end of the event, in accordance with §63.10(d)(5) (unless the owner or operator makes

alternative reporting arrangements, in advance, with the Administrator). [40 C.F.R. § 63.6(e)(3)(iv)]

III.E . Risk Management Plan

The permittee, if subject to the provision of Section 112(r) of the Clean Air Act, shall develop and register a risk management plan with the appropriate agency and comply with the chemical accident release provisions of 40 CFR 68 by the applicable effective dates described in § 68.10(a). [40 CFR § 68.10; 40 CFR § 68.12 ]

III.F . Stratospheric Ozone Protection

1. The permittee shall comply with the following standards for production and consumption of ozone

- depleting substances: [40 CFR 82, Subpart A]

a. Persons producing, importing, or placing an order for production or importation of certain class I and class II su bstances, HCFC

- 22, or HCFC

141b shall be subject to the requirements of §82.4;

b. Producers, importers, exporters, purchasers, and persons who transform or destroy certain class I and class II substances, HCFC

- 22, or HCFC

- 141b are subject to the recordkeepin g requirements at §82.13; and-- PROPOSED

--

20 c. Class I substances (listed at Appendix A to Subpart A) include certain CFCs, Halons, HBFCs, carbon tetrachloride, trichloroethane (methyl chloroform), and bromomethane (Methyl Bromide). Class II substances (listed at Appendix B to Subpart A) include HCFCs.

2. If the permittee performs a service on motor (fleet) vehicles when this service

involves an ozone

- depleting substance refrigerant (or regulated substitute substance) in the motor vehicle air conditioner (MVAC), the permitte e is subject to all applicable requirements. Note: 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

s ealed refrigeration system used as refrigerated cargo, or the system used on passenger buses using HCFC

- 22 refrigerant. [40 CFR 82, Subpart B]

3. The permittee shall comply with the following standards for recycling and emissions reduction except as provid ed for MVACs in Subpart B: [40 CFR 82, Subpart F]

a. Persons opening appliances for maintenance, service, repair, or disposal must comply with the required practices pursuant to § 82.156;

b. Equipment used during the maintenance, service, repair, or disposal o f appliances must comply with the standards for recycling and recovery equipment pursuant to § 82.158;

c. Persons performing maintenance, service, repair, or disposal of appliances must be certified by an approved technician certification program pursuant

to § 82.161;

d. Persons disposing of small appliances, MVACs, and MVAC

- like appliances must comply with record

- keeping requirements pursuant to §
82.166;

e. Persons owning commercial or industrial process refrigeration equipment must comply with leak repair requ irements pursuant to § 82.158; and

f. Owners/operators of appliances normally containing 50 or more pounds of refrigerant must keep records of refrigerant purchased and added to such appliances pursuant to § 82.166.

I V. Title V Administrative Requirements

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

, § 71.9]

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

outlined below.-- PROPOSED

--

21 2. The permittee shall pay the annual permit fee by April 1 of each year.

3. 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 U.S. Environmental Protection Agency.

4. The permittee s hall send fee payment and a completed fee filing form to one of

the two addresses below :

Address for Regular Mail through U.S. Postal Service:

U.S. Environmental Protection Agency FOIA and Miscellaneous Payments

Cincinnati Finance Center

P.O. Box 9790 78

St. Louis , MO 63197

- 9000

Address for Express Delivery or when a physical address is required:

U.S. Bank

Government Lockbox 979078 U.S. 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:

U.S. EPA Region IX 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 § 71.9(h), has been incorporated into the fee

calculation worksheet form as a convenience.

6. Basis for calculating annual fee:-- PROPOSED

--

22 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 precedi ng 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 the 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 § 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 each 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 yea r [40

CFR § 71.9(c)(5)(i)];

(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 § 71.5(c)(11)(i)] or of insignificant emissions levels from emissions units identified in the permittee’s application pursuant to § 71.5(c)(11)(ii). [40 CFR §71.9(c)(5)(iii)]

7. Fee calculation worksheets shall be certified as to truth, accuracy, and completeness by a responsible official. [Permittees should note that the fee-- PROPOSED

--

23 calculation worksheet form already incorporates a section to help you meet this responsibility.]

8. The perm ittee 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 § 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 § 71.9(l).

10. When notified by EPA of underpayment of fees, the permittee shall remit full payment 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 payment of th e EPA assessed fee. [40 CFR §71.9(j)(3)]

IV.B. Blanket Compliance Statement [40 C.F.R. § 71.6(a)(6)(i) and (ii), and sections 113(a) and 113(e)(1) of the Act, and § 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 moni toring 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 fo r 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. [§ 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; oth er 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, § 51.212, § 52.12, § 52.33, § 60.11(g), and § 61.12.]-- PROPOSED

--

24 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 practices, postmarked by Januar y 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 this permit and 40 C.F.R. § 7 1.5(d). [40 C.F.R. § 71.6(c)(5)]

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

comp liance 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 A ct, 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 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 comp liance 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 confidential should be accompanied by a claim of confidentiality according to the provisions

of 40 C.F.R. part 2, subpart B. The permittee, upon becoming aware that any relevant facts were omitted or incorrect information was submitted in the permit application, shal l promptly submit such supplementary facts or corrected information. The permittee shall also provide additional-- PROPOSED

--

25 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 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 certi fications, 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

. §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 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 plann ed changes or anticipated noncompliance does not stay any permit condition.

IV.H. Reopening for Cause [40 C

. F

. R

. § 71.7(f)]

1. EPA shall reopen and revise the permit prior to expiration under any of the following circumstances:

a. Additional applicable requirements under the Act become applicable to a major part 71 source with a remaining permit term of 3 or more years.-- PROPOSED

--

26 b. Additional requirements (including excess emissions requirements) become applicable to an affected source unde r the acid rain program. Upon 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 esta blishing the emissions standards 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 p ermit does not convey any property 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 req uired 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. Emergency Provisions [40 C

. F

. R

. § 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, t he permittee shall demonstrate the affirmative defense of emergency-- PROPOSED

--

27 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. t he 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 emission limitations were exceeded due to the emergency. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and c orrective actions taken. This notice fulfills the requirements of Condition III.C.2 of this permit.

e. In any enforcement proceeding 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 technolo gy

- based emission 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, care less or improper operation, or operator error.

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 determin es 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 EPA.

IV.M. Off Per mit 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:-- PROPOSED

--

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

2. Each change must compl y 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 th e 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 describin g 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. § 71.8(d)]

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 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, 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 denied and any permit shield granted pursuant to § 71.6(f) may extend beyond the original permit term until renewal.-- PROPOSED

--

29 4. If the permittee submits a timely and complete permit appl ication 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 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 th e 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.

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

1. The permittee may request the use of administrative permit amendment 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 cha nge 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 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 requirements substantially equivalent to those contained in§ 71.6.-- PROPOSED

--

30 f. Incorporates any other type of change which EPA has determined to be

similar to those listed above in s ubparagraphs ( a ) through ( e ).

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 sourc e

- 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

s ource has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include:

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

(2) An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the Clean Air Act :

( 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 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 promulgate d by

EPA.-- PROPOSED

--

31 3. An application requesting the use of minor permit modification procedures shall meet the requirements of § 71.5(c) and shall include the following:

a. A description of the change, the emissions resulting from the change, and any new applicab le requirements that will apply if the change occurs;

b. The source's suggested draft permit;

c. Certification by a responsible official, consistent with § 71.5(d), that the proposed modification meets the criteria for use of minor permit modification pr ocedures and a request that such procedures be used; and

d. Completed forms for the permitting authority to use to notify affected States as required under § 71.8.

4. The source may make the change proposed in its minor permit modification application im mediately 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 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.

5. The permit shield under § 71.6(f) may not extend to minor permit modifications.

IV.Q. Group Pro cessing of Minor Permit Modifications

. [40 C.F. R. § 71.7(e)(2), § 71.7(e)(1)(v )].

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. (a) 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 re quested, 20 percent of the applicable definition of major source in § 71.2, or 5 tons per year, whichever is least.-- PROPOSED

--

32 2. An application requesting the use of group processing procedures shall be submitted to EPA, shall meet the requirements of § 71.5(c), an d 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 § 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 subparagraph (a)(ii) above.

e. Completed forms for the permitting authority to use to notify affected States as requ ired under § 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 authorit y 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 w ith 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 agai nst 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 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.-- PROPOSED

--

33 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 § 71.5(c) for permit issuance and renewal, but only that information that is related to the proposed change.

IV.S. Permit Shield [ 40 C.F.R. § 71.6(f)(1), 40 C.F.R. § 71.6(f)(3)]

1. Compliance with the conditions of this permit shall be deemed compliance with the applicable requirements on which the cond itions were based as of the date of permit issuance. Other requirements which EPA has determined are inapplicable to this source as of the date of permit issuance are specifically identified below.

a. None

2. Nothing in this permit shall alter or affect the following :

a. The provisions of section 303 of the Clean Air Act (emergency orders), including the authority of the Administrator under that section.

b. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance.

c. The applicable requirements of the acid rain program, consistent with section 408(a) of the Clean Air Act.

d. The ability of EPA to obtain information from a source pursuant to section

114 of the Clean Air Act.