1

United States Environmental Protection Agency 

Region 10

Office of Air Quality

1200 Sixth Avenue

Seattle, Washington 98101

 AIR POLLUTION CONTROL

 TITLE V PERMIT TO OPERATE

Permit Number: R10T5-ID-00-03

Issue Date: August 23, 2002

Expiration Date: October 7, 2007

Effective Date: October 7, 2002

Replaces Permit No.: N/A

In accordance with the provisions of Title V of the Clean Air Act and 40 CFR Part 71 and

applicable rules and regulations,

Three Rivers Timber, Inc.

P. O. Box 757, Woodland Road

Kooskia, Idaho 83536

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. This source is authorized to operate

in the following location:

on Woodland Road in Kooskia, Idaho

 Latitude: 46° 14' 45" Longitude: 116° 02' 06" 

Terms 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.

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

facility.

(Signed by Ron Kreizenbeck for John Iani) August 23, 2002 

L. John Iani, Regional Administrator [Date]
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Abbreviations and Acronyms

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

CAM Compliance Assurance Monitoring

CFR Code of Federal Regulations

CO Carbon Monoxide

EIP Economic Incentives Programs

EPA United States Environmental Protection Agency

gal gallon

gr/dscf grains per dry standard cubic foot (7,000 grains = 1 pound)

HAP Hazardous Air Pollutant

hr hour

Id. No. Identification Number

kg kilogram

lb pound

M one thousand

MACT Maximum Achievable Control Technology

Mbf thousand board feet (one “board foot” equals lumber that is the size of 12

inches by 12 inches by one inch)

Mg megagram

MM one million

MMbf million board feet (one “board foot” equals lumber that is the size of 12

inches by 12 inches by one inch)

MMBtu million British Thermal Units

mo month

MSDS Material Safety Data Sheet

MVAC Motor Vehicle Air Conditioner

NESHAP National Emission Standards for Hazardous Air Pollutants

NOx Nitrogen Oxides

NSPS New Source Performance Standard

NSR New Source Review

PM Particulate Matter

PM10 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

tpy tons per year

US EPA United States Environmental Protection Agency

VOC Volatile Organic Compounds

TABLE OF CONTENTS
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Cover Page

Abbreviations and Acronyms 

I. Source Identification

II. Permit Shield

III. Requirements for Specific Units

IV. Facility-Wide Requirements

A. Chemical Accident Prevention

B. Stratospheric Ozone and Climate Protection

C. Asbestos Removal and Disposal

V. General Testing, Recordkeeping and Reporting Requirements

A. General Testing Requirements

B. General Recordkeeping Requirements

C. General Reporting Requirements

D. Document Certification

VI. Compliance Requirements

A. Compliance with the Permit

B. Compliance Certification

C. Emergency Provisions

D. Compliance Schedule

VII. Payment of Fees

VIII. Annual Emissions Inventory

IX. Standard Terms and Conditions

A. Duty to Provide and Supplement Information

B. Severability Clause

C. Property Rights

D. Inspection and Entry

X. Permit Changes

A. Permit Actions

B. Administrative Permit Amendments

C. Minor Permit Modification

D. Group Processing of Minor Permit Modifications

E. Significant Permit Modifications

F. Reopening for Cause

G. Off Permit Changes

H. Emissions Trading and Operational Flexibility

I. Permit Expiration and Renewal

Statement of Basis
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I. Source Identification

Parent Company name: not applicable

Parent Company Mailing Address: not applicable

Plant Name: Three Rivers Timber, Inc.

Plant Location: P. O. Box 757, Woodland Road

Kooskia, Idaho 83536-4266

County: Clearwater

EPA Region: 10

Reservation: Nez Perce Tribe: Nez Perce

Company Contact: William E. Mulligan Phone: 208 743 0271

Plant Manager/Contact: Herb Hazen Phone: 208 935 2547

Responsible Official: Herb Hazen Phone: 208 935 2547

Tribal Contact: Aaron Miles Phone: 208 843 7146

SIC Code: 2421

AFS Plant Identification Number: 

Description of Process: Three Rivers Timber, Inc. (the permittee) manufactures lumber

from logs that have been harvested in the region. The logs are

debarked, sawed into boards, then dried and planed into finished

lumber.

Other Clean Air Act Permits: none
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II. Permit Shield

(a) Compliance with the terms and conditions of this permit shall be deemed

compliance with the applicable requirements specifically listed in this permit as

of the date of permit issuance.

 [40 CFR § 71.6(f)(1)] 

(b) Nothing in this permit shall alter or affect the following:

(i) The provisions of Section 303 of the Clean Air Act (emergency orders),

including the authority of the Administrator under that section; 

(ii) The liability of a permittee for any violation of applicable requirements

prior to or at the time of permit issuance;

(iii) The applicable requirements of the acid rain program, consistent with

section 408(a) of the Clean Air Act; or

(iv) The ability of the EPA to obtain information under Section 114 of the

Clean Air Act.

 [40 CFR § 71.6(f)(3)]

III. Requirements for Specific Units

(There are no unit specific requirements for this facility.)

IV. Facility-Wide Requirements

Conditions in this section of the permit apply to the facility as a whole.

IV.A. Chemical Accident Prevention Program

 The permittee shall comply with the requirements of the Chemical Accident Prevention

Provisions at 40 CFR Part 68 no later than the latest of the following dates:

(a) Three years after the date on which a regulated substance, present above the

threshold quantity in a process, is first listed under 40 CFR § 68.130; or

(b) The date on which a regulated substance is first present above a threshold

quantity in a process. 

[40 CFR § 68.10] 
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IV.B. Stratospheric Ozone and Climate Protection

(a) The permittee shall comply with the standards for recycling and emissions

reduction pursuant to 40 CFR Part 82, Subpart F, except as provided for motor

vehicle air conditioners (MVACs) in 40 CFR Part 82, Subpart B:

(i) Persons opening appliances for maintenance, service, repair, or disposal

must comply with the required practices pursuant to 40 CFR § 82.156.

(ii) Equipment used during the maintenance, service, repair, or disposal of

appliances must comply with the standards for recycling and recovery

equipment pursuant to 40 CFR § 82.158.

(iii) Persons performing maintenance, service, repair, or disposal of appliances

must be certified by an approved technician certification program pursuant

to 40 CFR § 82.161.

(iv) Persons disposing of small appliances, MVACs, and MVAC-like

appliances must comply with recordkeeping requirements pursuant to 40

CFR § 82.166. ("MVAC-like appliance" is defined at 40 CFR § 82.152.) 

(v) Persons owning commercial or industrial process refrigeration equipment

must comply with the leak repair requirements pursuant to 40 CFR 

§ 82.156.

(vi) 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 40 CFR § 82.166.

[40 CFR Part 82, Subpart F]

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

involves ozone-depleting substance refrigerant (or regulated substitute substance)

in the MVAC, the permittee must comply with all the applicable requirements as

specified in 40 CFR Part 82, Subpart B, Servicing of Motor Vehicle Air

Conditioners.

[40 CFR Part 82, Subpart B]

IV.C. Asbestos Removal and Disposal

(a) The permittee shall comply with 40 CFR Part 61, Subpart M when conducting

any renovation or demolition at the facility.

[40 CFR Part 61, Subpart M]
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V. General Testing, Recordkeeping, and Reporting Requirements

V.A. General Testing Requirements

[The permittee is not subject to any general testing requirements at this time.]

V. B. General Recordkeeping Requirements

In addition to the specific recordkeeping requirements contained in this permit, the

permittee shall comply with the following generally applicable recordkeeping

requirements:

(a) The permittee shall keep records of required monitoring information that include

the following:

(i) The date, place, and time of sampling or measurements;

(ii) The date(s) analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and 

(vi) The operating conditions as existing at the time of sampling or

measurement.

[40 CFR § 71.6(a)(3)(ii)(A)]

(b) The permittee shall retain records of all required monitoring data and support

information for a period of at least 5 years from the date of the monitoring

sample, measurement, report, or application. Support information includes all

calibration and maintenance records, all original strip-chart recordings for

continuous monitoring instrumentation, and copies of all reports required by this

permit. 

[40 CFR § 71.6(a)(3)(ii)(B)]

V.C. General Reporting Requirements

In addition to the specific reporting requirements contained in this permit, the permittee

shall comply with the following generally applicable reporting requirements:

(a) The permittee shall submit to EPA Region 10 reports of any required monitoring

each six month reporting period from July 1 to December 31 and from January 1
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to June 30, except that the first reporting period shall begin on the effective date

of this permit and end on 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 responsible official

consistent with Section V.D.

[40 CFR § 71.6(a)(3)(iii)(A)]

(b) The permittee shall promptly report to EPA Region 10, by telephone or facsimile, 

deviations from permit conditions, 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. For the purposes of this section

of the permit, prompt is defined as follows:

(i) Any definition of prompt or a specific timeframe for reporting deviations

provided in an underlying applicable requirement as identified in this

permit; 

(ii) Where the underlying applicable requirement fails to address the

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 applicable regulation) that continue for more than an hour

in excess of permit requirements, the report must be made within 24 hours

of the occurrence.

(2) For emissions of any regulated pollutant excluding those listed in

subparagraph (1) above, that continue for more than two hours in excess

of permit requirements, the report must be made within 48 hours of the

occurrence.

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

submitted with the semi-annual monitoring report required in Section

V.C.(a).

[40 CFR § 71.6(a)(3)(iii)(B)]

(c) For the purposes of subparagraph (b) above, the permittee shall report deviations

using the following numbers:

Telephone: (206) 553-1505

Facsimile: (206) 553-0110 ATTN: Part 71 Deviation Report 

[40 CFR § 71.6(a)(3)(iii)(B)]

(d) Within 10 working days of the occurrence of a deviation as provided in
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subparagraph (b) above, the permittee shall also submit a written notice to EPA

Region 10, certified consistent with Section V.D. of this permit,

[40 CFR § 71.6(a)(3)(iii)(B)]

(e) For the purposes of Section V. C. of this permit, deviation means any situation in

which an emissions unit fails to meet a permit term or condition. A deviation is

not always a violation. A deviation can be determined by observation or through

review of data obtained from any testing, monitoring, or record keeping required

by this permit. For a situation lasting more than 24 hours, each 24-hour period is

considered a separate deviation. Included in the meaning of deviation are any of

the following:

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

2. A situation where process or emissions control device parameter values

indicate that an emission limitation or standard has not been met;

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;

4. A situation in which an exceedance or an excursion, as defined in 40 CFR

Part 64, occurs.

[40 CFR § 71.6(a)(3)(iii)(C)]

V.D Document Certification

(a) Any document required to be submitted under 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. 

[40 CFR § 71.5(d), § 71.6(c)(1) and § 71.9(h)(2)]

(b) Any documents required to be submitted under this permit, including reports, test

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

worksheets, and applications for renewals and permit modifications shall be

submitted to:

Office of Air Quality - Part 71 Permits

EPA - Region 10, OAQ 107

1200 Sixth Avenue

Seattle, WA 98101

[40 CFR § 71.5(d), § 71.6(c)(1) and § 71.9(h)(2)]
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VI. Compliance Requirements

VI.A. Compliance with the Permit

(a) The permittee must comply with all conditions of this Part 71 permit. Any permit

noncompliance constitutes a violation of the Clean Air Act and is grounds for

enforcement action; for permit termination, revocation and reissuance, or

modification; or for denial of a permit renewal application.

[40 CFR § 71.6(a)(6)(i)]

(b) It shall not be a defense for a permittee in an enforcement action that it would

have been necessary to halt or reduce the permitted activity in order to maintain

compliance with the conditions of this permit. 

[40 CFR § 71.6(a)(6)(ii)]

(c) For the purpose of submitting compliance certifications in accordance with

Section VI.B. of this permit, or establishing whether or not a person has violated

or is in violation of any requirement of this permit, nothing shall preclude the use,

including the exclusive use, of any credible evidence or information, relevant to

whether a source would have been in compliance with applicable requirements if

the appropriate performance or compliance test or procedure had been performed. 

[Section 113(a) and 113(e)(1) of the Act, 40 CFR § 51.212, § 52.12, § 52.33, 

 § 60.11(g), and § 61.12.]

VI.B. Compliance Certification

(a) The permittee shall submit to EPA Region 10 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 except that the first certification shall cover the period from the

effective date of this permit through December 31. The compliance certification

shall be certified as to truth, accuracy, and completeness by a responsible official

consistent with Section V.D. of this permit.

[40 CFR § 71.6(c)(5)]

(b) The certification shall include the following:

(i) The identification of each permit term or condition that is the basis of the

certification.

(ii) The identification of the method(s) or other means used for determining

the compliance status of each term and condition during the certification

period, and whether such methods or other means provide continuous or

intermittent data. Such methods and other means shall include, at a
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minimum, the methods and means required in this permit. 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.

(iii) The status of compliance with 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.

(iv) Whether compliance with each permit term was continuous or

intermittent.

[40 CFR § 71.6(c)(5)(iii)]

VI.C Emergency Provisions 

(a) 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:

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

the emergency;

(ii) the permitted facility was at the time being properly operated;

(iii) 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

(iv) the permittee submitted notice of the emergency to EPA Region 10 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. This notice fulfills the requirements of Section V.C.(b) of this

permit, concerning prompt notification of deviations.

(v) In any enforcement proceeding the permittee attempting to establish the

occurrence of an emergency has the burden of proof.
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(b) 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.

[40 CFR § 71.6(g)]

VI.D. Compliance Schedule 

(a) For applicable requirements with which the source is in compliance, the permittee

will continue to comply with such requirements. 

[40 CFR § 71.6(c)(3) and § 71.5(c)(8)(iii)(A)]

(b) For applicable requirements that will become effective during the permit term, the

permittee shall meet such requirements on a timely basis.

[40 CFR § 71.6(c)(3) and § 71.5(c)(8)(iii)(B)]

VII. Payment of Fees

(a) The permittee shall pay an annual permit fee in accordance with the procedures

outlined below. 

[40 CFR § 71.9(a)]

(b) The permittee shall submit full payment of the annual permit fee each year no

later than November 15 of each year.

[40 CFR § 71.9(h)]

(c) 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.

[40 CFR § 71.9(k)(1)]

(d) The permittee shall send fee payment and a completed fee filing form to: 

Mellon Bank

U. S. EPA Region 10

P. O. Box 360903M

Pittsburgh, PA 15251

[40 CFR § 71.9(k)(2)]
1

The permittee should note that an annual emissions report (see permit condition VIII),

required at the same time as the fee calculation worksheet by 40 CFR § 71.9(h), has been

incorporated into the fee calculation worksheet form which is available from EPA’s website at:

http://www.epa.gov/airprogm/oar/oaqps/permits/p71forms.html

2

The term “regulated pollutant (for fee calculation)” is defined in 40 CFR § 71.2.

3

The presumptive emission fee (per ton fee) amount is revised each calendar year to

account for inflation and is available from EPA Region 10 prior to the start of each calendar

year.

13

(e) 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 November 15 of each year to the address listed in Section

V.D.(b) of this permit.1

[40 CFR § 71.9(h)(1)]

(f) Basis for calculating annual fee:

(i) The annual emissions fee shall be calculated by multiplying the total tons

of actual emissions of all “regulated pollutants (for fee calculation)”2

emitted from the source by the presumptive emission fee 3 (in dollars/ton)

in effect at the time of calculation. [40 CFR § 71.9(c)(1)]

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

any regulated pollutant (for fee calculation), as defined in 40 CFR 

§ 71.2, emitted from a Part 71 source over the preceding calendar

year. Actual emissions shall be calculated using each emissions

unit’s actual operating hours, production rates, in-place control

equipment, and types of materials processed, stored, or combusted

during the preceding calendar year. [40 CFR § 71.9(c)(6)]

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

(ii) The permittee shall exclude the following emissions from the calculation

of fees:
4

The permittee should note that the fee calculation worksheet form incorporates a section

that includes this requirement.

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(1) The amount of actual emissions of each regulated pollutant (for fee

calculation) that the source emits in excess of 4,000 tons per year; 

[40 CFR § 71.9(c)(5)(i)]

(2) Actual emissions of any regulated pollutant (for fee calculation)

already included in the fee calculation; and

[40 CFR § 71.9(c)(5)(ii)]

(3) The insignificant quantities of actual emissions not required to be

listed or calculated in a permit application pursuant to 40 CFR 

§ 71.5(c)(11). [40 CFR § 71.9(c)(5)(iii)]

(g) Fee calculation worksheets shall be certified as to truth, accuracy, and

completeness by a responsible official in accordance with Section V.D. of this

permit.4

[40 CFR § 71.9(h)(2)]

(h) The permittee shall retain in accordance with the provisions of Section V.B.(b) of

this permit, all work sheets and other materials used to determine fee payments. 

Records shall be retained for five years following the year in which the emissions

data is submitted.

[40 CFR § 71.9(i)]

(i) Failure of the permittee to pay fees in a timely manner shall subject the permittee

to assessment of penalties and interest in accordance with 40 CFR § 71.9(l). 

[40 CFR § 71.9(l)]

(j) The permittee, when notified by EPA Region 10 of additional amounts due, shall

remit full payment within 30 days of receipt of an invoice from EPA Region 10. 

[40 CFR § 71.9(j)(2)]

(k) If the permittee thinks an EPA Region 10 assessed fee is in error and wishes to

challenge such fee, the permittee shall provide a written explanation of the

alleged error to EPA Region 10 along with full payment of the EPA assessed fee.

[40 CFR § 71.9(j)(3)]

VIII. Annual Emissions Inventory

The permittee shall submit an annual emissions report of its actual emissions for the

preceding calendar year. The annual emissions report shall be certified by a responsible
5

The permittee should note that an annual emissions report, required at the same time as

the fee calculation worksheet by 40 CFR § 71.9(h), has been incorporated into the fee calculation

worksheet.

15

official and shall be submitted each year to EPA on November 15. The annual emissions

report shall be submitted to EPA at the address listed in Section V.D.(b) of this permit.5

[40 CFR § 71.9(h)(1) and (2)]

IX. Standard Terms and Conditions

IX.A Duty to Provide and Supplement Information

(a) The permittee shall furnish to EPA Region 10, within a reasonable time, any

information that EPA Region 10 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 Region 10 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 must be accompanied by a

claim of confidentiality according to the provisions of 40 CFR Part 2, Subpart B. 

[40 CFR § 71.6(a)(6)(v), § 71.5(a)(3)]

(b) The permittee, upon becoming aware that any relevant facts were omitted or

incorrect information was submitted in the permit application, shall promptly

submit such supplementary facts or corrected information.

[40 CFR § 71.5(b)] 

IX.B. Severability Clause

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.

 [40 CFR §71.6(a)(5)]

IX.C. Property Rights

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

 [40 CFR §71.6(a)(6)(iv)]

IX.D. Inspection and Entry

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

permittee shall allow EPA or an authorized representative to perform the following:
16

(a) 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;

(b) Have access to and copy, at reasonable times, any records that must be kept under

the conditions of the permit;

(c) Inspect at reasonable times any facilities, equipment (including monitoring and

air pollution control equipment), practices, or operations regulated or required

under the permit; and

(d) 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.

[40 CFR § 71.6(c)(2)]

X. Permit Changes

X.A. Permit Actions

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.

 [40 CFR § 71.6(a)(6)(iii)]

X.B Administrative Permit Amendments

(a) The permittee may request the use of administrative permit amendment

procedures for a permit revision that:

(i) Corrects typographical errors.

(ii) 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.

(iii) Requires more frequent monitoring or reporting by the permittee.

(iv) Allows for a change in ownership or operational control of a source where

the EPA Region 10 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
17

current and new permittee has been submitted to the EPA Region 10.

(v) Incorporates into the Part 71 permit the requirements from preconstruction

review permits authorized under an EPA-approved program, provided that

such a program meets procedural requirements substantially equivalent to

the requirements of 40 CFR § 71.7 and § 71.8 that would be applicable to

the change if it were subject to review as a permit modification, and

compliance requirements substantially equivalent to those contained in §

71.6. 

(vi) Incorporates any other type of change which EPA Region 10 has

determined to be similar to those listed above in subparagraphs (i) through

(v).

 [40 CFR § 71.7(d)]

X.C. Minor Permit Modifications 

(a) The permittee may request the use of minor permit modification procedures only

for those modifications that:

(i) Do not violate any applicable requirement.

(ii) Do not involve significant changes to existing monitoring, reporting, or

recordkeeping requirements in the permit.

(iii) 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.

(iv) 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 emission limit approved pursuant to regulations

promulgated under section 112(i)(5) of the Clean Air Act.

(v) Are not modifications under any provision of title I of the Clean Air Act.

(vi) Are not required to be processed as a significant modification.
18

[40 CFR § 71.7(e)(1)(i)(A)]

(b) Notwithstanding the list of changes ineligible for minor permit modification

procedures in paragraph (a) 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.

[40 CFR § 71.7(e)(1)(i)(B)]

(c) An application requesting the use of minor permit modification procedures shall

meet the requirements of 40 CFR § 71.5(c) and shall include the following:

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

any new applicable requirements that will apply if the change occurs;

(ii) The source's suggested draft permit;

(iii) Certification by a responsible official, consistent with 40 CFR § 71.5(d),

that the proposed modification meets the criteria for use of minor permit

modification procedures and a request that such procedures be used; and

(iv) Completed forms for EPA Region 10 to use to notify affected States as

required under 40 CFR § 71.8.

[40 CFR § 71.7(e)(1)(ii)]

(d) 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 EPA Region 10 takes any of

the actions authorized by 40 CFR § 71.7(e)(1)(iv)(A) through (C), the source

must comply with both the applicable requirements governing the change and the

proposed permit terms and conditions. During this time period, the source need

not comply with the existing permit terms and conditions it seeks to modify. 

However, if the source fails to comply with its proposed permit terms and

conditions during this time period, the existing permit terms and conditions it

seeks to modify may be enforced against it.

[40 CFR § 71.7(e)(1)(v)]

(e) The permit shield under 40 CFR § 71.6(f) does not extend to minor permit

modifications. [40 CFR § 71.7(e)(1)(vi)].

X.D. Group Processing of Minor Permit Modifications
19

(a) Group processing of modifications by EPA Region 10 may be used only for those

permit modifications:

(i) That meet the criteria for minor permit modification procedures under

paragraphs IX.C.(a) of this permit; and

(ii) That collectively are below the threshold level of 10 percent of the

emissions allowed by the permit for the emissions unit for which the

change is requested, 20 percent of the applicable definition of major

source in 40 CFR § 71.2, or 5 tons per year, whichever is least.

 [40 CFR § 71.7(e)(2)(i)]

(b) An application requesting the use of group processing procedures shall be

submitted to EPA Region 10, shall meet the requirements of 40 CFR § 71.5(c),

and shall include the following:

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

any new applicable requirements that will apply if the change occurs.

(ii) The source's suggested draft permit.

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

proposed modification meets the criteria for use of group processing

procedures and a request that such procedures be used.

(iv) 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. 

(vi) Completed forms for the permitting authority to use to notify affected

States as required under 40 CFR § 71.8.

[40 CFR § 71.7(e)(2)(ii)]

(c) The source may make the change proposed in its minor permit modification

application immediately after it files such application. After the source makes the

change allowed by the preceding sentence, and until the permitting authority takes

any of the actions authorized by 40 CFR § 71.7(e)(1)(iv)(A) through (C), the

source must comply with both the applicable requirements governing the change

and the proposed permit terms and conditions. During this time period, the source

need not comply with the existing permit terms and conditions it seeks to modify. 

However, if the source fails to comply with its proposed permit terms and

conditions during this time period, the existing permit terms and conditions it

seeks to modify may be enforced against it.
6

Note to permittee: Use the same forms used for initial source application.

20

 [40 CFR § 71.7(e)(2)(v)]

(d) The permit shield under 40 CFR § 71.6(f) does not extend to group processing of

minor permit modifications. 

[40 CFR § 71.7(e)(1)(vi)].

X.E. Significant Permit Modifications

(a) The permittee must request the use of significant permit modification procedures

for those modifications that:

(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.

[40 CFR § 71.7(e)(3)(i)]

(b) 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.

[40 CFR § 71.7(e)(3)(i)]

(c) The permittee must submit an application for a significant permit modification

using standard application forms provided by EPA Region 10.6

[40 CFR § 71.5(c)]

(d) For the application to be determined complete, the permittee must supply all

information that is required by the standard application form, but only that

information that is related to the proposed change.

 [40 CFR § 71.7(e)(3)]

X.F. Reopening for Cause

(a) The permit may be reopened by EPA Region 10 and the permit revised prior to

expiration under any of the following circumstances:

(i) Additional applicable requirements under the Act become applicable to a

major Part 71 source with a remaining permit term of 3 or more years. 
21

(ii) 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. 

(iii) EPA Region 10 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.

(iv) EPA Region 10 determines that the permit must be revised or revoked to

assure compliance with the applicable requirements.

 [40 CFR § 71.7(f)]

X.G. Off Permit Changes

The permittee is allowed to make certain changes without a permit revision, provided that

the following requirements are met:

(a) Each change is not addressed or prohibited by this permit.

(b) Each change shall meet all applicable requirements and shall not violate any

existing permit term or condition.

(c) Changes under this provision may not include changes subject to any requirement

of 40 CFR Parts 72 through 78 or modifications under any provision of Title I of

the Clean Air Act.

(d) The permittee must provide contemporaneous written notice to EPA Region 10 of

each change, except for changes that qualify as insignificant activities under 40

CFR § 71.5(c)(11). The written notice must describe each change, the date of the

change, any change in emissions, pollutants emitted, and any applicable

requirements that would apply as a result of the change.

(e) The permit shield does not apply to changes made under this provision.

(f) 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.

 [40 CFR §71.6(a)(12)]

X.H. Emissions Trading and Operational Flexibility 

(a) The permittee is allowed to make a limited class of changes under Section
22

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.

[40 CFR § 71.6(a)(13)(i)]

(b) The permittee is required to send a notice to EPA Region 10 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 this permit. 

[40 CFR § 71.6(a)(13)(i)(A)]

(c) Any permit shield provided under 40 CFR § 71.6(f) does not apply to changes

made under this provision.

[40 CFR § 71.6(a)(13)(i)(B)]

X.I. Permit Expiration and Renewal

(a) This permit shall expire upon the earlier occurrence of the following events:

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

(ii) the source is issued a Part 70 or Part 71 permit by the Nez Perce Tribe

under an EPA Region 10 approved or delegated permit program.

[40 CFR §71.6(a) (11)]

(b) Expiration of this permit terminates the permittee’s right to operate unless a

timely and complete permit renewal application has been submitted at least six

months, but not more than 18 months, prior to the date of expiration of this

permit. [40 CFR §71.5(a)(1)(iii)] 

(c) If the permittee submits a timely and complete permit application for renewal,

consistent with 40 CFR § 71.5(a)(2), but EPA Region 10 has failed to issue or

deny the renewal permit, then all the terms and conditions of the permit, including

any permit shield granted pursuant to 40 CFR § 71.6(f) shall remain in effect until

the renewal permit has been issued or denied. This permit shield shall cease to
23

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 Region 10.

[40 CFR §71.7(c)(3), §71.7(b)] 

(d) 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.

[40 CFR §71.7(c)(1)] 

(f) The application to EPA Region 10 for renewal shall include the current permit

number, a description of permit revisions and off-permit changes that occurred

during the permit term and were not incorporated into the permit 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.

 [40 CFR §71.5(a)(2) and §71.5(c)(5)]