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TITLE V PERMIT TO OPERATE

Permit Number: TO-ROP 10-02 

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, the portion of the following facility which is located in the 

San Xavier District of the reservation of the Tohono O’odham Nation: 

ASARCO, LLC. 

Mission Complex - San Xavier 

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 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 proposed 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 

5 years after the date of issuance unless a timely and complete renewal application has been 

submitted at least 6 months but not more than 18 months prior to the date of expiration. The 

permit number cited above should be referenced in future correspondence regarding this facility. 

 ___________________________ 

Date Deborah Jordan 

 Director, Air Division 

 EPA Region IX 
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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 

NOx Nitrogen Oxides 

NSPS New Source Performance Standards 

NSR New Source Review 

PM Particulate Matter 

PM-10 Particulate matter less than 10 microns in diameter 

ppm parts per million 

PSD Prevention of Significant Deterioration 

PTE Potential to Emit 

psia pounds per square inch absolute 

RMP Risk Management Plan 

SNAP Significant New Alternatives Program 

SO2 Sulfur Dioxide 

TSP Total Suspended Particulate 

US EPA United States Environmental Protection Agency 

VOC Volatile Organic Compounds 

 
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TABLE OF CONTENTS 

Cover Page 

Abbreviations and Acronyms 

I. Source Identification

A. General Information 

B. Emission-Generating Units and Activities 

II. Facility-wide or Generic Permit Conditions

A. Compliance Schedule 

III. 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. Significant Modifications 

R. Operational Flexibility 

 
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I. Source Identification

I.A. General Information

Parent Company name: ASARCO, Inc. 

Parent Company Mailing Address: P.O. Box 111 

City: Sahuarita State: AZ Zip: 85629 

Plant Name: Mission Complex - San Xavier 

Plant Location: 4201 W. Pima Mine Road 

City: Sahuarita State: AZ 

County: Pima 

EPA Region: 9 

Reservation: San Xavier District Tribe: Tohono O’odham 

Plant Contact: Jamie Ekholm Phone: (520) 393-4671 

Responsible Official: Richard Rhoades Phone: (520) 648-2500 

Tribal Contact: Ned Norris Phone: (520) 383-2028 

SIC Code: 1021 

AFS Plant Identification Number: 04-019-02026 

Description of Process: The ASARCO Mission Complex mines and processes copper sulfide 

ore. Since this facility is located partially on Indian land, and partially on State land, only 

equipment and activities at this facility that are located on the reservation of the Tohono 

O’odham Nation are covered by this permit. Equipment and activities on the reservation include 

mining activities, such as drilling, hauling, and vehicle travel. 

I.B. Emission-Generating Units and Activities

Emission 

Unit I.D. 

No.

Unit Description Associated 

Control 

Equipment

SXFMA San Xavier Fugitive Emissions, Mining Activities n/a 
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II. Facility-wide Conditions: 

II.A. Compliance Schedule [40 CFR § 71.5(c)(8)(iii) and § 71.6(c)(3)] 

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

will continue to comply with such requirements. 

2. For applicable requirements that will become effective during the permit term, the 

source shall meet such requirements on a timely basis. 

III. Title V Administrative Requirements

III.A. Fee Payment [40 CFR §71.6(a)(7) and 40 CFR §71.9] 

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

outlined below. [See § 71.9(a).] 

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 shall 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 

PO Box 979078 

St. Louis, MO 63197-9000 

Address for Express Delivery (or When a Physical Address is Required): 

U.S. Bank 

Government Lockbox 979078 US EPA FOIA & Misc. Payments 

1005 Convention Plaza 

Mail Station SL-MO-C2GL 

St. Louis, MO 63101 
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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 this 

address: 

EPA Region 9 

Air Permits Office (Attn: AIR-3) 

75 Hawthorne Street 

San Francisco, CA 94105 

6. Basis for calculating annual fee: 

a. The annual emissions fee shall be calculated by multiplying the total tons 

of actual emissions of all “regulated pollutants (for fee calculation)” 

emitted from the source by the presumptive emissions fee (in dollars/ton) 

in effect at the time of calculation. 

(1) “Actual emissions” means the actual rate of emissions in tpy of 

any regulated pollutant (for fee calculation) emitted from a part 71 

source over the preceding calendar year. Actual emissions shall be 

calculated using each emissions unit’s actual operating hours, 

production rates, in-place control equipment, and types of 

materials processed, stored, or combusted during the preceding 

calendar year. [See § 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. [See § 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. § 71.9(e)(2). 

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

§ 71.2. 

(5) The permittee should note that 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 year. 

See § 71.9(c)(5)(i); 
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(2) Actual emissions of any regulated pollutant (for fee calculation) 

already included in the fee calculation, see § 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)]. [See 

§ 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 

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 5 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). [See § 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. [See § 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 the EPA assessed fee. [See § 71.9(j)(3).] 

III.B. Blanket Compliance Statement [40 CFR § 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] 

1. The permittee must comply with all conditions of this Part 71 permit. Any permit 

noncompliance, including, but not limited to, violation of any applicable 

requirement; any permit term or condition; any fee or filing requirement; any duty 

to allow or carry out inspection, entry, or monitoring activities; or any regulation 

or order issued by the permitting authority pursuant to this part constitutes a 

violation of the Clean Air Act and is grounds for enforcement action; permit 

termination, revocation and reissuance, or modification; or for denial of a permit 

renewal application. It shall not be a defense for a permittee in an enforcement 

action that it would have been necessary to halt or reduce the permitted activity in 

order to maintain compliance with the conditions of this permit. [71.6(a)(6)(i),(ii)] 
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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, § 51.212, § 52.12, § 52.33] 

III.C. Compliance Certifications [40 CFR § 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 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 this permit and 40 CFR § 71.5(d). [40 CFR § 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 

compliance status of each term and condition during the certification 

period. If necessary, the owner or operator also shall identify any other 

material information that must be included in the certification to comply 

with section 113(c)(2) of the Clean Air Act, which prohibits knowingly 

making a false certification or omitting material information. 

c. The compliance status of each term and condition of the permit for the 

period covered by the certification based on the method or means 

designated above. The certification shall identify each deviation and take 

it into account in the compliance certification. 

d. Whether compliance with each permit term was continuous or 

intermittent. 

III.D. Duty to Provide and Supplement Information [40 CFR §71.6(a)(6)(v), §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 compliance 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 CFR part 2, subpart B. The permittee, upon becoming aware that any relevant facts were 
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omitted or incorrect information was submitted in the permit application, shall promptly submit 

such supplementary facts or corrected information. 

III.E. Submissions [40 CFR §71.5(d), §71.6 and §71.9] 

Any document required to be submitted with this permit shall be certified by a responsible 

official as to truth, accuracy, and completeness. Such certifications shall state that based on 

information and belief formed after reasonable inquiry, the statements and information in the 

document are true, accurate, and complete. All documents required to be submitted, including 

reports, test data, monitoring data, notifications, compliance certifications, fee calculation 

worksheets, and applications for renewals and permit modifications shall be submitted to: 

EPA Region IX (Attn: AIR-1) 

75 Hawthorne Street 

San Francisco, CA 94105 

III.F. Severability Clause [40 CFR §71.6(a)(5)] 

The provisions of this permit are severable, and in the event of any challenge to any portion of 

this permit, or if any portion is held invalid, the remaining permit conditions shall remain valid 

and in force. 

III.G. Permit Actions [40 CFR §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 changes or anticipated noncompliance does not stay 

any permit condition. 

III.H. Reopening for Cause [40 CFR §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.

b. Additional requirements (including excess emissions requirements) become 

applicable to an affected source under the acid rain program. Upon approval by 

the Administrator, excess emissions offset plans shall be deemed to be 

incorporated into the permit. 

c. EPA determines that the permit contains a material mistake or that inaccurate 

statements were made in establishing the emissions standards or other terms or 

conditions of the permit. 
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d. EPA determines that the permit must be revised or revoked to assure compliance 

with the applicable requirements. 

III.I. Property Rights [40 CFR §71.6(a)(6)(iv)] 

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

III.J. Inspection and Entry [40 CFR §71.6(c)(2)] 

Upon presentation of credentials and other documents as may be required by law, the permittee 

shall allow authorized representatives from EPA to perform the following: 

1. Enter upon the permittee’s premises where a Part 71 source is located or emissionsrelated 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. 

III.K. Emergency Provisions [40 CFR §71.6(g)] 

1. In addition to any emergency or upset provision contained in any applicable 

requirement, the permittee may seek to establish that noncompliance with a 

technology-based emission limitation under this permit was due to an emergency. 

To do so, the permittee shall demonstrate the affirmative defense of emergency 

through properly signed, contemporaneous operating logs, or other relevant 

evidence that: 

a. an emergency occurred and that the permittee can identify the cause(s) of 

the emergency; 

b. the permitted facility was at the time being properly operated; 

c. during the period of the emergency the permittee took all reasonable steps 

to minimize levels of emissions that exceeded the emissions standards, or 

other requirements in this permit; and 
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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 corrective actions taken. 

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 technology-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, careless or 

improper operation, or operator error. 

III.L. Transfer of Ownership or Operation [40 CFR §71.7(d)(1)(iv)] 

A change in ownership or operational control of this facility may be treated as an administrative 

permit amendment if the EPA determines no other change in this permit is necessary and 

provided that a written agreement containing a specific date for transfer of permit responsibility, 

coverage, and liability between the current and new permittee has been submitted to EPA. 

III.M. Off Permit Changes [40 CFR §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; 
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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. 

III.N. Permit Expiration and Renewal [40 CFR §71.5(a)(1)(iii), §71.6(a)(11), §71.7(b), 

§71.7(c)(1)(i) and (ii), §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 the permitting authority has failed to issue or deny the renewal 

permit, then the permit shall not expire until the renewal permit has been issued or denied 

and any permit shield granted pursuant to § 71.6(f) may extend beyond the original 

permit term until renewal. 

4. The permittee’s failure to have a Part 71 permit is not a violation of this part 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 the permit term, any 

applicable requirements that were promulgated and not incorporated into the permit 

during the permit term, and other information required by the application form. 

III.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. 
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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 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. 

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

those listed above in subparagraphs (a) through (e). 

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

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 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 title I; and 

(2) An alternative emissions limit approved pursuant to regulations 

promulgated under section 112(i)(5) of the Clean Air Act. 
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e. Are not modifications under any provision of title I of the Clean Air Act. 

f. Are not required to be processed as a significant modification. 

2. Notwithstanding the list of changes eligible for minor permit modification procedures in

condition III.P above, minor permit modification procedures may be used for permit 

modifications involving the use of economic incentives, marketable permits, emissions 

trading, and other similar approaches, to the extent that such minor permit modification 

procedures are explicitly provided for in an applicable implementation plan or in 

applicable requirements promulgated by EPA. 

 

3. An application requesting the use of minor permit modification procedures shall meet the 

requirements of § 71.5(c) and shall include the following: 

(i) A description of the change, the emissions resulting from the change, and any 

new applicable requirements that will apply if the change occurs; 

(ii) The source's suggested draft permit; 

(iii) Certification by a responsible official, consistent with § 71.5(d), that the proposed 

modification meets the criteria for use of minor permit modification procedures 

and a request that such procedures be used; and 

(iv) Completed forms for the permitting authority to use to notify affected States as 

required under § 71.8. 

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

immediately after it files such application. After the source makes the change allowed by 

the preceding sentence, and until the permitting authority takes any of the actions 

authorized by § 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. [See 

§ 71.7(e)(1)(vi)]. 

III.Q. Significant Modifications [40 C.F.R. § 71.7(e)(3)] 

1. The permittee must request the use of significant permit modification procedures for 

those modifications that: 
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(i) Do not qualify as minor permit modifications or as administrative amendments. 

(ii) Are significant changes in existing monitoring permit terms or conditions. 

(iii) 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. [See § 71.7(e)(3)(ii) and § 71.5(a)(2).] 

III.R. Operational Flexibility 

1. 502(b)(10) Changes [40 C.F.R. § 71.6(a)(13)(i)] 

(a) The permittee is allowed to make a limited class of changes under Section 

502(b)(10) of the Clean Air Act within this permitted facility that contravene the 

specific terms of this permit without applying for a permit revision, provided the 

changes do not exceed the emissions allowable under this permit (whether 

expressed therein as a rate of emissions or in terms of total emissions) and are not 

Title I modifications. This class of changes does not include: 

(i) Changes that would violate applicable requirements; or 

(ii) Changes that would contravene federally enforceable permit terms and 

conditions that are monitoring (including test methods), recordkeeping, 

reporting, or compliance certification requirements. 

(b) The permittee is required to send a notice to EPA at least 7 days in advance of any 

change made under this provision. The notice must describe the change, when it 

will occur and any change in emissions, and identify any permit terms or 

conditions made inapplicable as a result of the change. The permittee shall attach 

each notice to its copy of this permit. 

(c) Any permit shield provided in this permit does not apply to changes made under 

this provision.