EXHIBIT 2

SECTION 12.3: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN

NONAT~AINMENT

AREAS

12.3 Permit Requirements for Major Sources in NonattainmentAreas 12.3.1 Aoolicabilitv Procedures 1 12.3.1.1 Preconstruction Review Requirements 12.3.1.2 Construction of Major Sources or Modifications 12.3.1.3 Authorityto Construct Permit Requirement 12.3.1.4 Prolects 12.3.1.5 Maior Sources with Plantwide Applicability Limitations 12.3.1.6 Existing Emission Unit Projects 12.3.1.7 Availability of Information 12.3.1.8 Secondary Emissions 12.3.2 Definitions 12.3.3 Statewide Compliance 23 12.3.4 Analysis ofAlternatives 23 12.3.5 Lowest Achievable Emission Rate 23 12.3.5.1 Applicable Requirements 23 12.3.5.2 Permit Requirements to Achieve LAER 23 12.3.6 Fmissions Offset 24 12.3.6.1 Sufficiency of Reductions 24 12.3.6.2 Offset Methods 24 12.3.6.3 Restrictions on Trading Pollutants 24 12.3.6.4 Timing 25 12.3.6.5 Quantity 25 12.3.6.6 Emission Reduction Requirements 26 12.3.6.7 Location of Internal Reductions 27 12.3.6.8 Emission Reduction Credit Requirements 27 12.3.6.9 ERG Registry 28 12.3.7 Source Obligation 28 12.3.7.1 Enforcement 28 12.3.7.2 Termination 28 12.3.7.3 Compliance 28 12.3.7.4 Relaxation in Enforceable Limitations 28 12.3.8 Public Participation 29 12.3.9 Plantwide ApplicabilityLimits (PAL) 29 1 1 1 1 1 1 1 1 12.3.9.1 Applicability 29 2.3.9.2 Definitions 29 2.3.9.3 Permit Application Requirements 31 2.3.9.4 General Requirements for Establishing PALs 31 2.3.9.5 Public Participation Requirements for PALs 32 2.3.9.6 Setting the 10-year Actuals PAL Level 32 2.3.9.7 Part 70 Operating Permits with PALs 33 2.3.9.8 PAL Effective Period and Reopening of PAL Conditions

.. ..34 2.3.9.9 Expiration of a PAL /



### /12~g.1O Renewal of a PAL 36 12.3.9.11 Increasing a PALduring the PAL Effectjve Period 38 12.3.9.12 Monitoring Requirements for PALs 39 12.3.9.13 Recordkeeping Requ.~emen ts 42 12.3.9.14 Reporting and Notification Requirements 42 12.3.9.15 Transition Requirements 43

LIST OF TABLES Table 12.3-1. Federal Offset Ratio Requirements by Area Designation and

Pollutant 26



# 0

C 0

12.3.10 Potential Visibility Impacts

.... 44 12.3.11 Invalidation 44

12.3-il12.3 Permit Requirementsfor Maior Sources in Nonattainment Areas

12.3.1 Applicability Procedures 12.3.1.1 Preconstruction Review Reguirements The preconstruction review requirements of Section 12.3 shall apply to the construction ofany new maior stationary source or any project at an existing maior stationary source in an area designated as nonattainmentfor any Na

tional Ambient Air Quality Standard under Section 107(d)(1)(B) of the Act [42 USC ~7407(d)(1)(B)1

. 12.3.1.2 Construction of Maior Sources or Modifications The requirements of Sections 12.3.3 through 12.3.8 apply tothe construc

tion of any new major stationary source or the major modification of any existing major stationary source if the stationary source or modification is majorforthe reaulated NSR pollutantforwhich the area is designated nonattainment under40 CFR Part 81, except as Section 12.3 otherwise provides.

• 12.3.1.3 Authority to Construct Permit Requirement

No new major stationary source or major modification to which the require

ments of Sections 12.3.3 through 12.3.8 apply shall begin actual construc

tion without an Authority to Construct Permit issued pursuantto Section 12.4 that states thatthe major stationary source or major modification will meet those requirements

. 12.3.1.4 Projects The requirements of Section 12.3.1.4 applyto projects at major stationary sources jn accordancewith the principles set out in paragraphs (a) through (el ofSection 12.3.1.4. 

### ~). Except as otherwise provided in Section 12.3.1.5, a project is a major modification fora regulated NSA pollutant if it causes two (2) tyPes of emissions increases: a significant emissions increase and a signifi

cant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions in

crease. 

### 1k). The procedure for calculating (before beginning actual construction) whether a significant emissions increase will occur deoends upon the type of emissions units being added or modified as part ofthe pro-

• • • 

# /ject, accordjng to paragraphs.(ç) through (e) of Section 12.3.1.4. The procedure forcalculating (before beginning actual construction) whethera significant net emissions increase will occur atthe major stationarysource is contained in the definition of net emissions in

crease. Regardless of any such preconstruction projections, a major modification results if the pi~.ct causes a significant emissions in

crease and a significant net emissions increase. 

### ~). ActuaI-to-Proiected-ActuaL~pPticabiIitV Test for Projects that Only Involve Existing Emissions Units. A significant emissions increase of a regulated NSA p~utant is projected to occur if the sum of the difference betweentl~..projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant. 

## ~). Actual-to-Potential Testfor Projects thatOnly Involve Construction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the PTE from each new emissions unit following completion ofthe project arid the baseline actual emissions ofthese units before the project equals or exceeds the significant amount for that pollutant. 

## ~). Hybrid Test for Projects that Involve Multiple Types of Emis-

• sions Units. A significant emissions increase of a regulated NSR pollutant is projected tooccur if the sum ofthe emissions increases for each emissions unit, usj~ the method specified in paragraphs (c) or (dl of Section 12.3.1.4, asapplicable with respect to each emis

sions unit, equals or exceeds the significant amount forthat pollutant

. 12.3.1.5 Major Sources with Plantwide Applicability Limitations

For any major stationary source with a PAL for a regulated NSA pollutant, the major stationary source shall comply with the requirements in Section 12.3.9

. 12.3.1.6 Existing Emission Unit Projects The provisions ofthis paragraph 

### ~ppjy when a project occurs at an existing emissions unit at a major stationarysource, otherthan a source with a PAL the project is not a part ofa major modification; and the owneror operator electsto use the method specified in paragraphs (11(A) through (11(D) ofthe definition of projected actual emis~ons. 

## f~). Before beginning actual construction of the proiect, and as a condi

tion of the source’s Authoij~yjo Construct Permit, the owner or 0P 

# C1~

12.3-2erator shall document and maintain a record of the following informa

tion: 

### Li). A description ofthe project 

### 12). Identification of the emissions unit(s) whose emissions ofa regulated NSR pollutant could be affected by the project; and j~). A description ofthe applicabilitytest used todetermine thatthe project is not a major modification forany regulated NSA pollut

ant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (1 )(D) ofthe definition of projected actual emissions and an explanation forwhysuch amount was excluded, and any netting calculations, if applicable. 

### 1k). Ifthe emissions unit is an existing emissions unit, before beginning actual construction, the owner or operatorshall provide a copy ofthe information set out in paragraph (a) of Section 12.3.1.6 to the Gontrol Officer. Nothing in this paragraph shall be construed to require the owneror operatorofsuch a unit to obtain any determination from the Control Officer before beginning actual construction, except such owneror operator may still be subject to the requirements of Section 12.1, Section 12.4, or other applicable requirements. 

### Ic). The owner or operatorshall monitorthe emissions of any reaulated NSA pollutant that could increase as a result ofthe project and that are emitted by any emissions unit identified in paragraph (a)(2) of Section 12.3.1.6; and calculate and maintain a record of the annual emissions (in tpy) fora period of five (5) years following resumption of regular operations afterthe change, orfor a period of ten (10) years following resumption of regular operations afterthe change if the project increases the design capacity of, or potential to emit that regulated NSA pollutant at, anyemissions unit. 

### 1~). Ifthe emissions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Control Officer within sixty (60) days afterthe end of each calendar year during which records must be generated underparagraph (c) of Section 12.3.1.6 setting outthe unit’s annual emissions during the calendar yearthat preceded submission of the report. 

### Ii). Ifthe emissions unit is an existing emissions unit otherthan an electric utility steam generating unit, the owner or operatorshall submit a report to the Control Officer if the annual emissions, in toy, from the prolect identified in paragraph (a) of Section 12.3.1.6 exceed the baseline actual emissions (as documented and malntained,/,/1 /”4



# /to paragraph (a)(3) of Section 112.3.1.6), by a significant amount for that regulated NSR poIlutar~nd if such emissions differ from the

• •/ projected actual emissions ~1orto exclusion of the amount ofemis

sions under the definition oL~piected actual emissions) as docu

mented and maintained pursuantto paragraph (a)(3) of Section 12.3.1.6. Such report shall be submitted to the Control Officer within sixty (601 days afterthe end of such year. The reøort shall contain the following: 

### in The name, address, and I:elephone number of the major sta

tionary source 

### 12). The annual emissions~ calculated pursuantto paragraph (c) ofSection 12.3.1.6; and j~). Any other information that the owner or operatorwishes to in

clude in the report (e.g~an

explanation as towhy the emissions differfrom the preconstruction projection)

. 12.3.1.7 Availability of Information

The owneror operator ofthe sou,~.shaIl make the information required to be documented and maintained pursuantto Section 12.3.1.6 available for review upon a requestfor insoec~on ky~the Control Officer. 

# El)

12,3.1.8 Secondary Emissions

Secondarv emissions shall not be considered in determining whether a sta

tionarv source would qualify as a major stationary source. If a stationary source is subject to Section 12.3 on the basis of the direct emissions from the stationary source, the requirements of Section 12.3.6, but no other provisions ofSection 12.3, must also be met forsecondary emissions

. 12.3.2 Definitions

Unless the context otherwise requires, the following terms shall have the meanings setforth below forthe p~j~poses of Section 12.3. When a term is not defined in these paragraphs hall have the meaning given in Section 0, or in the Act, in that orderof prioril~ j~). “Actual emissions” means the actual rate ofemissions of a regulated NSA pollutantfrom an em~sions unit, as determined in accordance with this definition. 

### Li). In general, actual emissions as of a particular date shall equal the average rate, in tpy~at

which the emissions unit actually emitted the regulated NSA pollutant during a consecutive 24

- month periodwhich precedes the particular date and which is

12.3-4representative of normal source operation. The Control Officer shall allowthe use ofa different time period upon a determina

tion that it is more representative of normal source operation

. Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and tv~es of materials processed, stored, or combusted during the selected time period. 

### 12). The Control Officer may presume that source-specific allowable emissions forthe unitare equivalenttothe actual emissions of the unit. 

### ~). For anyemissions unit that has not beaun normal operations on the particular date, actual emissions shall equal the PTE of the uniton that date. 

### 14). This definition shall not apply forcalculating whether a signifi

cant emissions increase has occurred, or for establishing a PAL under Section 12.3.9. Instead, projected actual emissions and baseline actual emissions shall apply forthose purposes. 

### 1k). “Allowable emissions” means the emissions rate of a stationary source calculated using the maximum rated capacity ofthe source (unless the source is subjectto federally enforceable limits which restrictthe operating rate, hours of operation, or both) and the most stringent of the following: 

### Li). Any applicable standards setforth in these AQRs and 40 CFA Parts 60, 61, or 63 

### 12). Any applicable emission limitation in the Nevada SIP, including those with a future compliance date; or 

### ~). The emissions rate specified as a federally enforceable permit condition, including those with afuture compliance date. j~). “Baseline actual emissions” means the rate ofemissions, in toy, of a regulated NSR pollutant, asdetermined in accordance with paragraphs (c)(1) through (c)(4) ofthis definition. 

### in For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tpy, at which the unit actually emitted the pollutantduring any consecutive 24- month period selected bythe owner or operatorwithin the 5- year period immediately preceding when the owneror operator begins actual construction of the project. The Control Officer shall allowthe use of a different time period upon a determina

tion that it is more representative of normal source operation.



# 7/j.~). The average rate shall include fugitive emissions, tothe extent quantifiabI~nd

emissions associated with startups and shutdowns, except emissions from a shutdown associated with a malfunction. 

### If). The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred whilethe source was operating above anyemission limitation that was le

gally enforceable durina the consecutive 24-month period. j~).The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limi

tation with which the major stationary source must comply as of the particular date, had such m~or stationary source been required to comply with such limitations during the consecutive 24-month period. Forthe purposes of determining baseline actual emissions forcontemporaneous changes pursuant to paragraph (11(B) ofthe definition of net emissions increase, the particulardate is the date on which the particular changeoccurred. However, if an emission limitation is ~: ofa maximum achievable control technoloavstandard that the Administratorproposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state of Nevada has taken credit for such emissions reductions in an attainment demonstration or maintenance plan, consistent withthe requirements of4OCF:R 51.1 65(a)(3)(ii)(G). 

### 12). For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used todetermine the baseline actual emissions forthe emissions units being changed. A differ

ent consecutive 24-month period can be used foreach regulated NSR p~Lutant. 

### ~). The average rate shall not be based on any consecutive 24-month period forwhich there is inadequate information for determining annual emissions, in tpy, and for adiusting this amount if reg~j.(ed

by this definition. 

### 12). For an existing emissions unit (otherthan an electric utility steam generating uni~aseline actual emissions means the average rate, in tpy, at which the emissions unit actually emitted the pollutant during a!3y...consecutive 24-month periodselected bythe owner or operatorwithin the 10-year period immediately preceding either•the date the owner oroperator begins actual construction ofthe pr~j~çt,

orthe date a complete permit appli12.3-6cation is received bythe Control Officer fora permit required underthese AQAs, whichever is earlier, except that the 10-year period shall not include any period earlierthan November 15, 1990. 

### ~). The average rate shall include fugitive emissions to the extent quantifiable. 

### If). The average rate shall include emissions associated with startups and shutdowns, except emissions from ashutdown associated with a malfunction. 

### ~). The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. 

### 12). The average rate shall be adjusted downward to exclude anyemissions that would have exceeded an emission limitation with which the major stationarysource must comply as ofa particulardate, had such major stationarysource been required to complywith such limitations duringthe consecutive 24-month period. For the purposes ofdeter

mining baseline actual emissions for contemporaneous changes pursuant to paragraph (11(B) of the definition of net emissions increase, the particular date is the date on whichthe particular change occurred. However, if an emis

sion limitation is part of a maximum achievable control technologystandard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need onlybe adjusted if the State of Nevada has taken credit forsuch emissions reductions in an at

tainment demonstration or maintenance plan, consistent withthe requirements of 40 GFR 51.165(a)(3)(ii)(G). 

### If). For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period_must be used to determine the baseline actual emissions for all the emissions units being changed. A dif

ferent consecutive 24-month period can be used for each regulated NSA pollutant. 

### (fl The average rate shall not be based on any consecutive 24-month period forwhichthere is inadequate information for determining annual emissions, intoy, and foradjusting this amount if required byparagraphs (2)(B) and (21(C) of this definition.

4-

### ~). For a new emissions u~~the baseline actual emissions for purposes of determining the emissions increase thatwill result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all otherpurposes, shall equal the unit’s PTE. 

### 14). For a PAL for a statior~jy source, the baseline actual emissions shall be calculated forexisting electric utility steam generating units in accordance with the procedures contained in paragraph (1) ofthis definition; forother existing emissions units, in accordance with the procedures contained in paragraph (21 ofthis definition; and for a new emissions unit, in accordance withthe procedures containedj~.paragraph (3) ofthis definition. j~). “Basic design parameter” means: 

### In Except as provided in~j’agraph (3) ofthis definition, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either maxi

mum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifica

tions in terms ofwej~ihtor

volume, the minimum fuel quality based on Btu contentshall be used fordetermining the basic (‘ 

## ) design parameter(s) fora coal-fired electric utility steam qenerating unit. 

### 12). Except as provided in~~ragraph (3) of this definition, the basic design parameter(s) forany process unit that is not ata steam electric generating fa~ji are maximum rate offuel or heat in

put, maximum rate of material input, or maximum rate of product output. Combustion process unitswill typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the ovvneror operator should considerthe pri

mary productor primajyjraw material when selecting a basic design parameter. 

### ~). Ifthe owneror operator believes the basic design parameter(s) in paragraphs (1) ancL(~)

ofthis definition is not appropriate for a specific industry or~y~e

of process unit, the owner oroperator may propose to the Control Officer an alternative basic design parameter(s) for the source’s process unit(s). Ifthe Control Offi

cerapproves of the use ofan alternative basic design parameter(s), the Control Officer shall issue a permit that is legally enforceablethat records such basic design parameter(s) and requires the owner oi~erator to comply with such parameter(s).

12.3-8

### 14). The owner or operator shall use credible information, such as results of historic maximum capabilitytests, design information from the manufacturer, or engineering calculations, in establish

ing the magnitude ofthe basic design parameter(s) specified in paragraphs (1) and (2) ofthis definition. 

### ~). Ifdesign information is not available for a process unit, then the owner or operatorshall determine the process unit’s basic de

sign parameter(s) using the maximum value achieved bythe process unit inthe 5-year period immediately preceding the planned activity. j~). Efficienc~,,

of a process unit is not a basic design parameter. jZ). The replacement activity shall not cause the process unit to exceed anyemission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable. 

### ~). “Begin actual construction” means ingeneral, initiation of physical on-site construction activities on an emissions unit which are ofa permanent nature. Such activities include, but are not limited to, in

stallation of building supports and foundations, laying of underaround pipework, and construction of permanent storage structures. With respectto a change in method of operating, this term refersto those on-site activities otherthan preparatory activities which mark the initiation of the change. 

### ifi “Best Available Control Technology (BACT)~ means an emission limitation (including a visible emissions standard) based on the maxi

mum degree of reduction for each regulated NSA pollutantwhich would be emitted from any proposed major stationary source or major modification which the Control Officer, on a case-by-case basis, taking into account energy, environmental, and economic impacts and othercosts, determines is achievable forsuch source or modifi

cation through application of production processes or available methods, systems, and techniques, including fuel cleaning or treat

ment or innovative fuel combustion techniquesfor control of such pollutant. In no event shall application of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 or 61. If the Control Officer determines that technological or economic limitations on the applica

tion of measurement methodologyto a particularemissions unit would make the imposition of an emissions standard infeasible, a de

sign, equipment, work practice, operational standard or combination thereof may be prescribed instead to satisfy the requirementfor the application of BAGT. Such standard shall, to the degree possible, set 

### _/•.• 127

• •forth the emissions reduction achievable by implementation of such design, equipment, work practice, oroperation, and shall providefor compliance by means which achieve equivalent results. jg). “Building, structure, facility, or installation” means all ofthe pollutant

emitting activities which belona tothe same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control ofthe same person (or persons undercommon control) except the activities of anyvessel. Pollutant-emitting activi

ties shall be considered as .2~t ofthe same industrial grouping if they belong tothe same major q~p (i.e., which have the same SIC or NAIGS code) as described in either.the StandardIndustrial Classifi

cation (SIC) manual, 1972, as amended by the 1977 supplement or the North American IndustayClassificatior System (NAICS) manual. 

### Ifl). “Categorical stationarysource11 means any stationary source of air pollutantsthat belongs to one of the following categoriesof stationary sources: 

### Ifl Fossil fuel-fired steam electric plants of more than 250 million Btu per hour heat inpI~j

• 

### 12). Coal cleaning plants (with thermal dryers)j 

### ( 1~). Kraft pulp mills: 

### 14). Portland cement plan~j j~). Primary zinc smelter~ 

### .(~). Iron and steel mills 

### 1Z). Primary aluminum ore reduction plants 

### ~). Primary coppersmelters~ 

### 1~). Municipal incinerators capable of charging more than 50 tons of refuse per day 

### I1Q). Hydrofluoric, sulfuric., or nitricacid plants 

### iii). Petroleum refineries;. 

### L12). Lime plants 

### Li~). Phosphate rock processing plants: 

### 11.4). Coke oven batteries;.

12.3-10

### Li.~). Sulfur recovery plants 

### L1~).Carbon black plants (furnace process): 

### LiZ). Primary lead smelters 

### Lie). Fuel conversion plants 

### 119). Sintering plants: 

### L2Q). Secondary metal production plants 

### .(2fl Chemical process plants: 

### 122). Fossil-fuel boilers (or combination thereof) totaling morethan 250 million Btu per hour heat input 

### 12~). Petroleum storage and transfer unitswith atotal storage capacity exceeding 300,000 barrels 

### 124). Taconite ore processing plants 

### 12.~).Glassfiber processing plants: 

### 12k). Charcoal production plants: and 

### 12Z). Any other stationarysource category, which as of August 7, 1980 is being reaulated under Section 111 or 112 ofthe Act

. “Clean coal technology” means any technology, including technolo

gies applied at the precombustion, combustion, or post combustion stage, at a new or existing facilitywhich will achieve significant reductions in airemissions of sulfur dioxide or oxides of nitrogen associated with the utilization ofcoal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990. 

### ffi “Clean Coal Technology Demonstration Proiect” means a prolect using funds appropriated underthe heading “Departmentof Energy

Clean Coal Technology,” up to atotal amountof $2.5 billion for commercial demonstration ofclean coal technology, or similar projects funded through appropriations for the EPA. The federal contri

bution for a qualifying project shall be at least twenty (20) percent of the total cost of the demonstration project. 

### 1J~). “Commence,” as applied to construction of a major stationary source or major modification, means that the owner or operator has all nec- 

# /
__/.:


### ///essarv preconstruction approvals or permits, including an Authority to Construct Permit, and either has: \\•• .1 

### Li). Begun, orcaused to b~gjp, a continuous program of actual onsite construction of the source, to be completed within a reasonable time; or 

### 12). Entered into bjndinQag~~ements or contractual obligations1 which cannot be canceled or modified without substantial loss to the owner oroperator, to undertake a program of actual construction ofthe source, to be completed within a reasonable time. 

### ifi “Complete” means, in reference to an application fora permit, that the application contains all ofthe information necessaryfor processing the application. Designating an application completefor purposes of permit processing does not precludethe Control Officerfrom requesting or accepting anyadditional information. j~). “Construction” means any physical change, or chanae in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit), that would result in a chance in emissions. jo). “Continuous Emissions Monitoring System (GEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of Section 12.3, to sample, condition (if applicable), analyze, and provide a record ofemissions on a continuous basis. 

### 12). “Continuous Emissions Rate Monitoring System (GERMS)” means the total equipment required forthe determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 

### Ip). “Continuous Parameter Monitoring System (GPMS)” means all ofthe equipment necessary to meet the data acquisition and availability requirements ofSection 12.3. to monitorprocess and control device operational parameters and other information and to record averaq~ operational parametervalue(s) on a continuous basis. 

### fp). “Electric Utility Steam Generating Unit” means anysteam electric generating unitthat is con~Ia~cted forthe purpose of supplying more than one-third of its potential electric output capacity, and more than 25 MW ofelectrical output, to any utility power distribution system

. Any steam supplied to a steam distribution system forthe purpose of providing steam to a steam-electric generator thatwould produce electrical energyfor sale is also considered in determining the elec trical energy output capaci~y..gf the affected facility.

12.3-12

### ~). “Emission Reduction Credit (ERG)” means a unit of emission reduc

tion (in tpy) that has been issued bythe Control Officer in accordance with the provisions setforth in Sections 12.3.6 and 12.7. j~). “Emissions Unit” means any part of a stationary source that emits, or would have the potentialto emit, any regulated NSA pollutant and in

cludes an electric utilitysteam generating unit. For purposes of Section 12.3, there are twotypes of emissions units as described in paragraphs (1) and (2) of this definition: 

### in A “new emissions unit~’

is anyemissions unit which is (orwill be) newly constructed and which has existed for less than two (2) years from the date such emissions unitfirst operated. Forthe purposes ofthis definition, the date an emissions unit first operated shall not be extended by any shakedown period estab

lished pursuant to paragraph (aa)(6) of Section 12.3.2. 

### 121 An “existing emissions unit” is any emissions unit that does not meet the requirements in paragraph (11 of this definition. A replacement unit is an existing emissions unit. 

### ifi “Federally Enforceable” means all limitations and conditions which are enforceable by the Administrator. 

### 1g.). “Federal Land Manager’ means, with respectto any lands inthe United States, the Secreta~

of the Departmentwith authority over such lands. 

### ~). “Fugitive Emissions” means those emissions which could not reasonably pass through a stack, chimney, vent, or otherfunctionally equivalent opening. 

### ~). “Lowest Achievable Emission Rate (LAER)” means, for any source, the more stringent rate of emissions based on the following: 

### Ii). The most stringent emission limitation which is contained in the implementation plan ofany state forsuch class or category of stationary source, unless the owner or operator ofthe ~rooosed major stationary source demonstrates that such limitations are not achievable; or 

### 12). The most stringent emission limitation which is achieved in practice bysuch class or category of stationary sources. This limitation, when applied to a major modification, means the LAEA for the new or modified emissions units within the stationary source. In no event shall the application of the term permit a proposed new or modified stationary source to emit any pollut- 

### /

//ant in excess of the amount allowable under an applicable new source standard of performance

. For purposes of this definition only, the term “any state” means a state, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Island~uam, and American Samoa, and in

cludesthe Gommonweai~h

of the Northern Mariana Islands. j~). “Major Modification” means any physical chance in, or chanae in the method of operation of, a rq~jQr stationary source thatwould result in a significant emissions increase ofa regulated NSR pollutant and a significant net emissions increase of that pollutant from the maior sta

tionary source. 

## in Any significant emissions increasefrom any emissions units or net emissions increase at a maior stationarysource that is sig

nificant forvolatile organiccompounds shall be considered sig

nificant for ozone. 

### 12). Any significant emissions increase from anyemissions units or net emissions increase at a major stationary source that is sig

nificant for nitrogen oxides shall be considered significant for ozone unless EPA ha~gianted a waiver for nitrogen oxides emissions underSection 182(f) ofthe Act and the waiver con- 

### (~~) tinues toapply. 

### ~). A physical change or chance in the method ofoperation shall not include:

~ Routine maintenance, repair, and replacement 

### If). Use of an alternative fuel or raw material by reason ofan order under Sections2(a) and (b) of the Energy Supply and Environmen~LCoordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuanttothe Federal Power Act j~). Use of an altem~~e

fuel by reason ofan order or rule under Section 125 of the Act 

### 12). Use ofan alternafive fuel at a steam generating unit, to the extent that the fi~jJs

generated from municipal solid waste 

### If). Use of an alternatve fuel or raw material by a stationary source which:

12.3-14

### 1i). The source was capable of accommodating before December21, 1976, unless such changewould be prohibited under any federally enforceable permit condition which was established after December 21 , 1976 pursuantto Section 12 or under regulations approved pursuantto 40 GFR Part 51, Subpart I. 

### 11!). The source is approved to use under any permit is

sued under Section 12. 

### IE). An increase in the hours ofoperation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December21, 1976 

### ~). Any change in ownership at a stationary source fjj). The installation, operation, cessation, or removal of a Temporary Clean Coal Technology Demonstration Project, provided thatthe project complies with: 

### ffi The Nevada SIP; and 

### hi). Other requirements necessaryto attain and main

tain the National AmbientAir Quality Standardsduring the project and after it is terminated. 

### hi). The installation or operation of a permanentGlean Coal Technology Demonstration Project that constitutes repowering, provided that the project does not result in an in

crease in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollut

ant-by-pollutant basis; or j~). The reactivation of avery clean coal-fired electric utility steam generating unit. 

### 14). This definition shall not applywith respectto a particular regulated NSApollutant when the Major Stationary Source is complying with the requirements under Section 12.3.9 for a PAL for that regulated NSA pollutant. Instead, the definition of PAL major modification shall apply. 

### L~). The fugitive emissions of a major stationary source shall not be included in determining, for any of the purposes of Section 12.3, whethera particular physical changeor change in the method of operation is a major modification unless the major stationary source is acategorical stationary source or belongs to any other __/ 

# /7stationarysource categ~ry which, as of August 7, 1980, was be- (~ mg_regulated under Section 111 or 112 ofthe Act. ‘\.. 

### 1~). “Major Stationary Source” means: 

### 111 Any stationary source of airpollutants which emits, or hasthe potential to emit, 100 tpy or more of any regulated NSR pollut

ant except: 

### ~). For an area desigj~ted

nonattainment for PM10 and classi

fied as “serious,” a major stationary source is a stationary source which ~ or hasthe potential to emit, seventy (70) tpyor more of PM10. 

### If). A major stationary source is a stationary source which emits, or has the potentialto emit, fifty (50) tpy or more in an area classified as“serious” nonattainment forCO where stationary sources significantly contribute to ambient CO levels, as determined under regulations issued by EPA pursuanttothe Act. 

### jQ). For an area designated nonattainment forozone, a source with the potential to emit VOC or NOx in the following amounts shall be considered a major stationary source: jj). ~100toy in areas classified as “marginal” or “moderate” 

### Iii). 50 tpy in areas classified as “serious” 

### j~jJ). ~25tpy in areas classified as “severe”: and 

### fj~). ~10 toy in areas classified as “extreme.” 

### 12). Any physical chanae thatwould occur at a stationary source not qualifying as a major stationary source under paragraph (1) of this definition, if the change would constitute a major stationary source by itself underp~agraph (11. 

### ~). A major stationaiy~ource that is major forvolatile organic compounds shall be considered major forozone. 

### If). A major stationatisource that is majorfor nitrogen oxides shall be considered majorfor ozone, unless EPA has granted a waiverfor nitrogen oxides emissions under Section 182(f) ofthe Act and the waiver continuesto apply. 

# _____— C.’

12.3-16

### f~).The fugitive emissions ofa stationary source shall not be in

cluded in determining for any of the purposes of Section 12.3 whetherit is a major stationary source, unless the source is a categorical stationary source or belongs to anyother stationary source category which, asof August7, 1980, was being regulated under Section 111 or 112 ofthe Act. 

### ~). “Necessary preconstruction approvals or permits” means those permits or approvals required underair quality control laws and regula

tionsthat are part ofthe Nevada SIP, these AQRs, orfederal air quality control laws and regulations, including the Authority to Construct Permits issued pursuantto Section 12.4. j~). “Net Emissions Increase” means, with respect to any regulated NSA pollutant emitted by a major stationarysource, the following: 

### Li). The amount bywhich the sum of the following exceeds zero: 

### ~). The increase in emissions from a particular physical change, or change in the method ofoperation, at a station

ary source ascalculated pursuant to paragraphs (a) through (e) of Section 12.3.1.4; and 

### If). Any other increases and decreases in actual emissions at the major stationarysource that are contemporaneous with the particularchange and are otherwise creditable. 

### ~fl For the purposes of calculating increases and de

creases under paragraph (1)(B) ofthis definition, baseline actual emissions prior to the contempora

neous project shall be determined as provided in the definition of baseline actual emissions, except that paragraphs (11(D) and (2)(E) of that definition shall not apply. 

### Iii). Forthe purposes of calculating increases under paragraph (11(B) of this definition, actual emissions after the contemporaneous project shall be deter

mined as provided inthe definition of actual emissions, except as provided in paragraph (11(E) ofthis definition. 

### liii). For the purposes of calculating increases under paragraph (11(B) of this definition, if the Control Offi

cer determines thatthere is no sufficiently representative time period of actual emissions after a contemporaneous project, pursuant to paragraph (a)(1) ofSection 12.3.2, actual emissions after the con- /

12à~/ 

# /.temporaneous project shall be determined as provided in the definition of projected actual emissions. 

### 1i~). Forthe pq~~ses

ofcalculating decreases under paragraph (11(B) ofthis definition, actual emissions afterthe contemporaneous project shall be deter

mined as ~vided in the definition of actual emis

sions. 

### 12). An increase or decrease in actual emissions is contemporane

ous with the increase from the particularchange only if it occurs betweenthe date fivej~years before construction on the particular change commences and the date that the increase from the particularchange occurs. 

### ~). An increase ordecrease in actual emissions is creditable only if the Control Officer has not relied on it in issuing a permit forthe source underSectionj~or any other regulation approved by the Administratorpursuantto 40 CFR Part 51 or 40 CFR Part 52.21, which permit is in effect when the increase in actual emissions from the particular change occurs. 

### 14). An increase in actual emissions is creditable onlyto the extent that the new level of actual emissions exceeds the old level. 

### (

‘~ \~1 

### L~). A decrease in actual emissions is creditable onlyto the extent that: 

### ~). The old level of actual emissions or the old level ofallow

able emissions, whichever is lower, exceeds the new level of actual emissio~j 

### If). It is enforceable asa practical matterat and afterthe time that actual construction on the particularchange begins 

### ~). The Control Officer has not relied on it in issuing any permit underSection 12 or any other regulations approved pursuant to 40 CFR Part 51, Subpart I, nor has the state of Nevada relied on itin demonstrating attainment or reasonable further Progress: and 

### 12). It has approximately the same qualitative significance for public health and welfare as that attributed tothe increase from the particularchange. 

### ~). An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred 

### ( becomes operational and begins to emit a particular pollutant.

12.3-18Any replacement unit that requires shakedown, or any new emissions unitthat replaces an existing emissions unit and that requires shakedown, becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) days. j~). “Nonattainment Major New Source Review (NSA) Program” means a major source preconstruction permit program that has been approved bythe Administrator and incorporated into the Nevada SIP, or a program that implements 40 CFR Part 51, Appendix 5, Sections I through VI. Any permit issued undersuch a program is a major NSA permit. 

### Icc). “Permanent” means an emission reduction which is federally enforceable forthe life of a corresponding increase in emissions. For federal Emission Aeduction Credits (ERCs), emission reductions for a stationary source are permanent if the reductions are federallyenforceable and the reductions occur overthe duration of the ERG rule. 

### ~). “Potential to Emit (PTE)” means the maximum capacity of a station

ary source to emit a pollutant underits physical and operational de

sign. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the types or amounts of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emis

sions is federally enforceable. Secondary emissions do not count in determining the PTE ofa stationary source. 

### ~). “Predictive Emissions Monitoring System (PEMS)” means all of the equipment necessaryto monitor process and control device operational parameters and other information, and calculate and record the mass emissions rate on a continuous basis. 

### jif). “Prevention of Significant Deterioration (PSD) Permit” means any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorpo

rated into the Nevada SIP to implement the requirements of PartC, Subchapter I ofthe Act. mg). “Project” means a physical change in, or change in the method of operation of, an existing major stationary source. 

### ffl~). “Projected Actual Emissions” means the maximum annual rate, in toy, at which an existing emissions unit is projected to emit a regulated NSA pollutant in any one of the five (5) years (12-month period)

- following the date the unit resumes regularoperation after the pro- /

12.3/ 

# /ject, or in anyone ofthe teiilj.0) years following that date, if the pro- (‘~~~“ ject jnvolves increasing the design capacity or PTE of anyemissions unitfor that regulated NSR pollutant and full utilization of the unit would result in a siqnificant emissions increase or a significant net emissions increase at the r~jgr stationarysource. 

### Li). In determining the proj~gjed actual emissions (before beginning actual construction), the owner or operatorofthe major station

ary source: j~). Shall consider all relevant information, including, but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the companv~sj~ighest

projectionsof business activity, the company’s filings withthe county, state or federal regulatory authorities, and compliance plans underthese AQRs 

### If). Shall include fugitive emissions to the extent quantifiable 

### ~). Shall include emissions associated with startups and shutdowns, except emissions from a shutdown associated with a malfunction: and 

### 12). Shall exclude, only forcalculating any increase in emis-

~. 2 sions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24

- month period used to establish the baseline actual emis

sions and that are also unrelated to the particularproject, including any increased utilization due to product demand growth. 

### 12). In lieu of using the method setout in paragraphs (1)(A) throu~b (11(D) ofthis definition, the owner or operatorof the major sta

tionary source mayelectto use the emissions unit’s PTE in toy. fjft “Regulated NSA Pollutant,” for purposes of Section 12.3, means: 

### Li). Nitrogen oxides or any~platile organic compounds: 

### 12). Any pollutantforwhich a National Ambient Air Quality Standard has been promulgated and any constituents or precursors identified by the Administrator; or 

### ~). Any pollutant that is a constituentor precursor ofa general pol

lutant listed under paragraphs (1) or (2) of this definition, pro12.3-20vjded that a constituent or precursor pollutant may only be regulated under NSA as part of regulation ofthe general pollutant. 

### hill “Replacement Unit” means an emissions unit forwhich all the criteria listed in paragraphs (1) through (4) of this definition are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. The criteria are: 

### in The emissions unit is a reconstructed unit within the meaning of 40 GFR 60.15(b)(1), or the emissions unit completely takesthe place of an existing emissions unit. 

### 12). The emissions unit is identical to, orfunctionally equivalentto, the replaced emissions unit. 

### ~). The replacement does not alterthe basic design parameters of the process unit. 

### 14). The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforce

able as a practical matter. Ifthe replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

### I!~). “Secondary Emissions” means emissions which would occur as a result ofthe construction oroperation of a major stationary source or major modification, but do not come from the major stationarysource or major modification itself. Forthe purpose ofSection 12.3, secondary emissions must be specific, well defined, quantifjable, and im

pact the same general area asthe stationarysource or modification which causes the secondary emissions. Secondaryemissions in

clude emissions from any offsite supportfacility which would not be constructed or increase its emissions except as a result ofthe construction or operation of the maior stationary source or major modifi

cation. Secondaryemissions do not include anyemissions which come directlyfrom a mobile source, such as emissions from the tail

pipe of a motor vehicle, from a train, or from a vessel. 

### 11!). “Shutdown” means the cessation of operation of any air pollution control equipment or process equipment forany purpose except routine phasing out of process equipment

. (mm) “Significant” means, in reference to a net emissions increase orthe potential of a source to emit anyof the following pollutants, a rate of emissions that would equal or exceed any of the following rates: 

### in Carbon monoxide:

### 1~). lOOtpy;or 

### If). 50 tpy in an area designated nonattainment for CO and classified as “serious,” and where stationary sources sig

nificantly contribute to ambient GO levels as determined under regulations issued by EPA pursuant tothe Act. 

### 12). Nitrogen oxides: 40tpyj 

### ~). Sulfur dioxide: 40toy 

### 14). Ozone: j~). 40 toy of VOCs; or 

### If). 40 toyof nitrogen oxides, unless EPA has granted awaiver for nitrogen oxides emissions under Section 182(f) of the Act and the waiver continues toapply. 

### L~.). PM~: 15 toy j~). ~j~4~i Otpy ofdirect PM2.5 emissions or 40toy of sulfur dioxide emissions or 40 toy of nitrqgen dioxide emissions; and 

### IZ). Lead: 0.6 tpy. 

# El) fjj~). “Significant Emissions Increase” means, fora regulated NSA pollut

ant, an increase in emissions that is significant forthat pollutant. 

### ~p~). “Startup” means the settingJ~to operation of anyair pollution control equipment or process egu~~ent for any purpose except routine phasing in of process eguip~ent. 

### 12~). “StationarySource” means any building, structure, facility, or installa

tion which emits or may ernita regulated NSA pollutant. 

### 12~). “Surplus” means an emission reduction that has not been relied on in any air quality program related to any SIP, that is not a Nevada SIP requirement, that is not a i~g~iirement of a state air gualityprogram that has been adopted bul: is not in the Nevada SIP, is not credited in any federal reasonable furtherprogress or other milestone demon

stration. is not a requirement of a consent decree, is not a require

ment of a federal rule thati~uses on reducing criteria airpollutants or their precursors, and has not already been credited in any other air quality program. The purpose of requiring that emissions offsets be surplus is to prohibit double-counting of emission reductions.

12.3-22j~). “Temporary Glean CoalTechnology Demonstration Proiect” means a Clean Coal Technology Demonstration Projectthat is operated for a period offive (5) years or less, and which complies with the SIP for the state in which the project is located and with other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated

. 12.3.3 Statewide Compliance

Priorto issuance of an Authority to Construct Permit for a new major sta

tionary source or major modification subject to Section 12.3. the applicant shall either demonstrate that each existing major stationary source owned or operated bythe applicant in the state of Nevada is in compliance with all applicable emission limitations and standai~ds underthe Act or is in compli

ance with an expeditious schedule which is federally enforceable or contained in a court decree

. 12.3.4 Analysis of Alternatives

Priorto issuance ofan Authority to Construct Permitfor a new major sta

tionary source or major modification subjectto Section 12.3, the applicant shall submit an analysis of alternative sites, sizes, production processes, and environmental control techniques forthe proposed source that demon

strates, to the satisfaction ofthe Control Officer, thatthe benefits of the proposed source significantly outweigh the environmental and social costs im

posed as a result of its location, construction, or modification

. 12.3.5 Lowest Achievable Emission Rate 12.3.5.1 Applicable Requirements A major stationarysource or major modification shall meet each applicable requirement

. 12.3.5.2 Permit Requirements to Achieve LAER An Authority to Construct Permit fora new major stationary source or major modification shall contain terms and conditions sufficientto ensure thatthe malor stationary source or major modification will achieve LAER in accordance with paragraphs (a) and (b) of Section 12.3.5.2: 

### La). A new major stationarysource shall achieve LAER for each regulated NSA pollutant that it would have the potential to emit in signifi

cant amounts. 

### 1k). A major modification shall achieve LAER foreach regulated NSR p01

- lutant forwhich it would result in a significant net emissions increase 

### //atthe stationary source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change, or change in the method of operation, in the emissions unit

. 12.3.6 Emissions Offset 12.3.6.1 Sufficiency of Reductions

Prior to issuance of an Authorityto Construct Permit for a new major sta

tionary source or major modifjcatic~i.jhe Control Officer shall make a de

termination that, bythe time the source is to commence operation, sufficient offsetting emissions reductions will be surrendered priorto commencing operation, such that alldwable emissions from existing sources in the nonat

tainment area, from new or modified sources which are not major stationary sources, and from the proposed source or modification will be sufficiently less than total emissions from existinci sources priortothe application for the offset. At a minimum, this determination requires the applicantto satisfy the offset requirements in Section 12.3.6.2. 12.3.6.2 Offset Methods

Pollutant-specific emissions shall be offset with federally enforceable ERGs or with internal emission reductior~ 

# El~ j~). ERGsfrom one or more sources may be used, alone or in combina

tion with internal emission reductions, in orderto satisfy offset requirements. 

### 1k). Internal emission reductions used to satisfyoffset requirements shall be governed by Sections 12.3.6.3 through 12.3.6.8 and Section 12.7. 

### Ic). ERCs used to satisfy offseL~guirements shall be governed by Sections 12.3.6.3 through 12.26.6, Section 12.3.6.8, and Section 12.7

. 12.3.6.3 Restrictions on Trading Pollutants j~). Pursuant to the Nevada Revised Statutes, Section 445.B.508 (21(c)

. purchasing or selling credits of one type of pollutant is prohibited if such credits would be used subsequentlyto produce adifferent type of pollutant. 

### 1k). Forthe purposes of satisfyjfl9.the offset requirements with respectto ozone, offsetting of VOC emissions increases with NQ~emissions decreases, or NO~emissions increases with VOG emissions de

creases, shall not be prohibited trading.

12.3-24

### Ic). For the purposes of satisfying the offset requirements with respect to



### ~ offsetting of PM~

emissions increases with SO2 or NO~ emis

sions decreases, or 502 or NO~ emissions increases with PM~de

creases, shall not be prohibited trading

. 12.3.6.4 Timing j~). Internal emission reductions used to satisfy an offset requirement must be federally enforceable atthe time of issuance ofthe Authority to Construct Permit containingthe offset requirements. 

### 1k). Except as provided byparagraph (c) of Section 12.3.6.4, the de

crease in actual emissions used to generate EAGs or internal emis

sion reductions must occur by no later than the commencement of operation of the new or modified major stationary source. 

### Ic). Where the new facilityis a replacement fora facility that is being shut down in order to provide the necessaryoffsets, the Control Officer may allow up to one hundred eighty (180) calendar days for shake

down or commissioning of the newfacility before the existing facility is required to cease operation

. 12.3.6.5 Quantity

The quantity of ERCs or internal emission reductions required to satisfy off

set requirements shall be determined in accordance with the following: j~). The unit of measure for offsets, ERCs, and internal emission reduc

tions shall betoy. All calculations and transactions shall use emission rate values rounded to the nearest one one-hundredth (0.01) toy. 

### 1k). The quantity of ERGs or internal emission reductions required shall be calculated asthe product ofthe amount of increased emissions, as determined in accordancewith paragraph (c) of Section 12.3.6.5, and the offset ratio, as determined in accordance with paragraph (dl of Section 12.3.6.5. 

### Ic). The amount of increased emissions shall be determined as follows: 

### in The amount of increased emissions includes fugitive emissions in the case of all major stationarysources, including categorical sources. 

### I?). When the offset requirement is triggered bythe construction of a new major stationarysource, the amount of increased emissions shall be the sum of the PTE of all emissions units.

12.9f
., 

### //

### ~). When the offset requirement is triggered by a major modification of an existing maior stationary source, the amount of increased emissions shall be the sum of the differences between the al

lowable emissions aftejj!je modification and the actual emissions before the modification foreach emissions unit. (ç~). The offset ratio shall be expressed as a ratio of emissions reductions to emissions increases. 

### in The following table contah~s offset ratios by designated area and pollutant. 

### 12). The ratios listed inTaL~ei 2.3-1 shall be applied based on the classifications contained in the table fora specific pollutant

. Table 12.3-1. Federal Offset Ratio Requirements by Area Designation and Pollutant

Area Designation

— — Pollutant Offset Ratio

.. ~sjonattainment

without Designation —_____________________ 1:1

— VOC 1:1

. Senous Nonattainment Area CO

— — 1:1

- EMi~ i~i 

### fe). The major stationary source shall be given credit forany portion of 

# Ci.) the NEI that was previously offset. A pre-modification PTE may only include fugitive emissions if the fugitive emissions were included in the emissions inventory priortothe modification

. 12.3.6.6 Emission Reduction Requirements

Emission reductions used to satis!y..~n offset requirement shall meet the fol

lowing requirements: j~). Emission reductions used ito satisfy offset requirements must be real, surplus, permanent, quantifiable, and federallyenforceable. fj~). Permitted sources whose internal emission reductions are used to satisfy offset requirements must appropriately amend or cancel their Authority to Construct Permit and/or Part 70 Operating Permit to reflecttheir new reduced PT~JpcIuding practicably enforceable condi

tions to limit their PTE. 

### Ic). Emission reductions used tosatisfy offset requirements must be surplus at the time of issuance of the Authority to Construct Permit containing the offset requirements. 

# U

12.3-2612.3.6.7 Location of Internal Reductions Internal emission reductions used to satisfy offset requirements shall occur atthe same major stationary source atwhich the increase in emissions occurs. Emission reductions not meeting this criterion shall meet the require

ments for ERCs prescribed by Section 12.7

. 12.3.6.8 Emission Reduction Credit Requirements EAGs used to satisfy an offset requirement shall meet the following requirements: j~). Restrictions on offsetting emissions between airshed regions: 

### in Except as provjded by paragraph (a)(2) of Section 12.3.6.8, off

setting emissions from a source located within an airshed region with ERGs from asource located in a different airshed region shall not be allowed. 

### 12). The Control Officer may approve the use of NO~ and VOC ERCs between airshed regions forthe same nonattainment area withinthe Clark County boundaryto satisfy NO~ and VOG offset requirementsforthat nonattainment area. 

### 1k). The source owner or responsible official utilizing ERCs tosatisfy off

sets must demonstrate to the satisfaction of the Control Officerthat such utilization will not significantly cause or contribute to aviolation of a National Ambient Air Quality Standard or an exceedance of a PSD increment identified in Section 12.2. 

### Ic). The use of ERCs shall not provide: 

### in Authority for, or the recognition of, anyore-existing vested right to emit any regulated NSA pollutant: 

### 12). An exemption to a stationary source foremission limitations established in accordance with New Source Performance Stan

dards pursuant to Section 14: 

### ~). Authorityfor, or the recognition of, any rights that would be contraryto applicable law; or 

### 14). An exemption to a stationary source from any other air pollution control requirements of federal, state, or county laws, rules, and regulations.12.3.6.9 ERC Registry



### f~). The ERG Registry and its use shall not interfere with the attainment
or maintenance of any National Ambient Air Quality Standard. 

### 1k). The ERC Registry and its use shall assure thatthe use of ERGs does not contravene applicable requirements of the Act and Nevada Revised Statues (NRS) Ch~pj~r445B

. 12.3.7 Source Obligation 12.3.7.1 Enforcement

Any owneror operator who constructs oroperates a source or modification not in accordance with the application submitted pursuant to Section 12.3 or 12.4 and any changes to the applk~ation as required by the Gontrol Officer,, orwith the terms of its Authority to Construct Permit, or any owneror operatorof a source or modification sut~j~tto Section 12.3 who begins actual construction after the effective date ofthese AQRs without applying for and receiving an Authority to Construct Permit, shall be subject to enforcement action

. 12.3.7.2 Termination

Approval to construct shall terminate if construction is not commenced 

# El) within eighteen (18) monthsafter receipt of such approval, if construction is discontinued for a period of eiqhtQ~ (18) monthsor more, or if construction is not completed within a reasonq~~ time. The Control Officer may extend the 18-month period upon a satisfactory showing of good cause why an extension is justified. This provision..~Q.es not applytothe time period between construction of the approved phases of a phased construction project; each phase must commence constructj~n within eighteen (181 months ofthe proj~cted and approved commence!~Dt date

. 12.3.7.3 Compliance

Approval to construct shall not relieve any owner or operatorofthe responsibility to comply fullywith applicable provisions of the SIP and any other requirements under local, state, or federal law

. 12.3.7.4 Relaxation in Enforceable Limitations

At such time that a particular stat onary source or modification becomes a major stationary source or maior modification solely byvirtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity ofthe stationary source or modification otherwise to emit ap01

- lutant, then the requirements of Sections 12.3.3 through 12.3.7 shall apply

12.3-28to the stationary source or modification as thouah construction had not yet

commenced on the stationary source or modification

. 12.3.8 Public Participation

Issuance of an Authorityto Construct Permit pursuant to Section 12.3 and Section 12.4 shall be subjectto the public participation requirements in Section 12.2.16

. 12.3.9 Plantwide Applicability Limits (PAL) 12.3.9.1 Applicability 

### ~). The Control Officer may approve the use of an actuals PALfor any existing major stationary source if the PAL meets the requirements in Sections 12.3.9.1 through 12.3.9.15. The term “PAL” shall mean “ac

tuals PAL” throughout Section 12.3.9. 

### 1k). Any physical change in, or change in the method of operation of, a major stationary source that maintains its total source-wide emis

sions below the PAL level, meets the reguirements of Sections 12.3.9.1 through 12.3.9.14, and complies with the PAL conditions in its Part 70 Operating Permit: 

### in Is not a major modification for the PAL pollutant 

### 12). Does not have to be approved through the plan’s Nonattainment Major NSA Program; and 

### ~). Is not subject to the provisions in Section 12.3.7.4. 

### Ic). Except as provided under paragraph (b)(3) of Section 12.3.9.1, a major stationary source shall continue to comply with all applicable fed

eral or state requirements, emission limitations, and work practice requirementsthatwere established priortothe effective date of the PAL

. 12.3.9.2 Definitions

Unless the context otherwise requires, the following terms shall have the meanings set forth belowforthe purposes of Section 12.3.9. When a term is not defined in these paragraphs, it shall have the meaning given in Section 12.3.2, Section 0, or in the Act. 

### ~). “Actuals PAL fora major stationary source” means a PAL based on the baseline actual emissions of all emissions units atthe source that / emit, or have the potential to emit, the PAL pollutant.

### 1k). “Allowable emissions” means allowable emissions as defined in paragraph (b) of Section 12.3.2, except as this definition is modified according to paragraphs (1)..~Dd (2) below: 

### in The allowable emissions for anyemissions unit shall be calcu

lated considering any emission limitations that are enforceable as a practical matter on the emissions unit’s PTE. 

### 12). An emissions unit’s PIE shall be determined using the definition in paragraph (d)(d) of Section 12.3.2, except that the words “or enforceable as a practical matter’ should be added after “Fed

erally Enforceable.” 

### ~). “Major emissions unit” means: 

### in Any emissions unit that emits, or has the potential to emit, 100 toyor more ofthe PALpgllutant in an attainment area: or 

### 12). Any emissions unitthat emits, or has the potential to emit, the PAL pollutant in an amount that is equal toor greaterthan the maior source threshold forthe PAL pollutant as defined bythe Act for nonattainment areas. 

### ~). “PAL” means an emission limitation, expressed in tpy, for a pollutant at a major stationary sourc~jbat is enforceable as a practical matter and established source-wide in accordance with Sections 12.3.9.1 through 12.3.9.15. 

### f~). “PAL effective date” genera!j~means the date of issuance ofthe Part 70 Operating Permit containing the PALconditions, orthe date on which a significant permit revision containing the PAL conditions be

comes effective. However, the PAL effective date for an increased PAL is the date any emissions unit which is part ofthe PAL major modification becomes operational and begins to emit the PAL pollut

ant. 

### jf). “PAL effective period” means the period beginning with the PAL ef

fective date and ending ten (10) years later. 

### Is). “PAL major modification” means, notwithstandingthe definitions for major modification and net emissions increase, any physical change in, or change in the metho~j.operation of, the PAL source that causes it to emit the PAL poHutant at a level equal to or greaterthan the PAL. 

### Ib). “PAL pollutant” means the pQ!jutant for which a PAL is established at a major stationary source.

12.3-30

### Si). “Proiect” means a physical change in, orchange in the method of operation of, an existing stationary source. 

### Ii). “Significant emissions unit” means an emissions unit that emits, or has the potential to emit, a PAL pollutant in an amount that is equal to or greaterthan the significant level as defined in paragraph (m)(m) Section 12.3.2 or in the Act, whichever is lower, forthat PAL pollut

ant, but less than the amount thatwould qualifythe unit as a major emissions unit. fj~). “Small emissions unit” means an emissions unitthat emits, or has the potential to emit, the PAL pollutant in an amount less than the significant level as defined in paragraph (m)(m) Section 12.3.2 or in the Act, whichever is lower, forthat PAL pollutant

. 12.3.9.3 PermitApplication Requirements As part ofan application fora Part 70 Operating Permit requesting a PAL, the owneror operatorof a major stationary source shall submit the following information tothe Control Officerfor approval: j~). A list of all emissions units at the source designated as small, signifi

cant, or major based on their PIE. In addition,the owner oroperator ofthe source shall indicate which, if any, federal, state or county applicable requirements, emission limitations, orwork practices apply to each unit: 

### 1k). Calculations of the baseline actual emissions (with supporting docu

mentation). Baseline actual emissions are to include emissions associated not only with operation ofthe unit, but also emissions associ

ated with startup, shutdown, and malfunction 

### ~). The calculation procedures thatthe major stationary source owner or operator proposesto useto convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month, as required by paragraph (a) of Section 12.3.9.13

. 12.3.9.4 General Requirements for Establishing PALs 

### 5~). The Control Officer mayestablish a PAL at a major stationary source, provided that, at a minimum, the requirements in paragraphs (a)(1) through (a)(7) of Section 12.3.9.4 are met. 

### in The PALshall impose an annual emission limitation, in tpy, that is enforceable as a practical matter, forthe entire major station

ary source. For each month duringthe PAL effective period after the first twelve (12) months of establishing a PAL, the major sta

-



# /7tionary source owner oLQperatorshall show thatthe sum ofthe monthly emissions from each emissions unit under the PAL for the_previous twelve (12) consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month dur

ing the_first_eleven (1 1’LWpnths from the PAL effective date, the major stationary source owner oroperator shall show that the sum of the preceding monthly emissions from the PAL effective date foreach emissions unit underthe PAL is less than the PAL. 

### 12). The PAL shall be established in a Part 70 Operating Permit as a significant permit revision. 

### 5.~). The Part 70 Operating Permit shall contain all the requirements of Section 12.3.9.7. 

### 14). The PAL shall include fugitive emissions, tothe extent quantifi

able, from all emissions units that emit or have the potential to emitthe PAL pollutant atthe major stationary source. j~). Each PAL shall regulate emissions of only one pollutant. 

### ~). Each PAL shall have a PAL effective period of ten (10) years. 

### jfl The owner oroperator ofthe major stationary source with a PAL ‘J shall comply with the monitoring, recordkeeping, and reporting requirements provided in Sections 12.3.9.12 through 12.3.9.14 for each emissions unit under the PAL through the PAL effective period. 

### 5k). At no time (during or afterthe PAL effective period) are emissions reductions ofa PAL pollutant, which occur during the PALeffective period, creditable as decreases for purposes ofoffsets under Section 12.3.6 unless the level of the PAL is reduced bythe amount ofsuch emissions reductions and such reductions would be creditable in the absence ofthe PAL

. 12.3.9.5 Public Participation Requirementsfor PALs

PALs for existing major stationary sources shall be established, renewed, or increased throuqh the public participation procedures in Section 12.2.16

. 12.3.9.6 Setting the 10-year Actuals PAL Level 

### 5~). Except as provided in paragraph (b) of Section 12.3.9.6, the Actuals PAL level for a major stationary source shall be established as the sum of the baseline actuai emissions of the PAL pollutant foreach emissions unit at the source; plus an amount equal to the applicable

12.3-32significant level forthe PAL pollutant underthese AQRs or underthe Act, whichever is lower. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions forall existing emissions units. However, a different consecutive 24-month period may be used foreach different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Control Officer shall specify a reduced PAL level(s) (in tons/yr) in the Part 70 Operating Permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the Control Officer is aware of priorto issuance of the permit. 

### ~k). For newly constructed units (which does not include modifications to existing units) on which actual construction began afterthe 24-month period, in lieu of adding the baseline actual emissions as specified in paragraph (a) of Section 12.3.9.6, the emissions must be added to the PAL level in an amount equal to the PTE ofthe units

. 12.3.9.7 Part 70 Operating Permits with PALs

Contents of a Part 70 Operating Permit containing a PAL shall include the information in paragraphs (a) through (j) ofSection 12.3.9.7: 

### 5~). The PAL Pollutant and the applicable source-wide emission limitation in tpy 

### 5fl). The effective date and the expiration date ofthe PAL conditions (PAL effective period). 

### Ic). Specification in the permitthat if a major stationary source owner or operator applies to renew the PAL conditions in accordance with Section 12.3.9.9 before the end ofthe PAL effective period, then the PAL conditions shall not expire at the end ofthe PAL effective period

. It shall remain in effect until a revised Part 70 Operating Permit is is

sued by the Control Officer. 

### 5.~). A requirementthat emission calculations forcompliance purposes in

clude emissions from startups, shutdowns, and malfunctions j~ A requirement that, once the PAL conditions expire, the major sta

tionary source is subjectto the requirements of Section 12.3.9.9: 

### 5fl The calculation procedures that the major stationarysource owner or operator shall use to convertthe monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total, as required by paragraph (a) of Section 12.3.9.13: 

# //

### 1~). A requirement thatthe major stationarysource owneror operator monitorall emissions units in accordance withthe provisions under Sectjon 12.3.9.12 

### 5fl). A requirement to retain the records required underSection 12.3.9.13 on-site. Such records may be retained in an electronic format 

### ifi A requirement to submit the reports required underSection 12.3.9.14 bythe required deadlines; and 

### ffi Any other requirementsthat the Control Officer deems necessaryto implement and enforce the PALconditions

. 12.3.9.8 PAL Effective Period and Reopm ng of PAL Conditions The plan shall requirethe information in paragraphs (a) and (b) of Section 12.3.9.8. 

### ~). PAL Effective Period. The Control Officershall specify a PAL effec

tive period of ten (10) years from the date of issuance. 

### 1k). Reopening ofthe PALconditions in a Part 70 Operating Permit. 

### in During the PAL effect~..period. the plan shall require the Control Officerto reopen the PAL conditions in a Part 70 Operating Permit to: 

### ~). Correct typographicaVcalculation errors made in setting the PAL, or reflect a more accurate determination of emissions used to estabIist~J~p

PAL: 

### If). Reduce the PAL if the owneror operator ofthe major sta

tionary source ci~es

creditable emissions reductions for use as offsets under Section 12.3.6; or 

### ~). Revise the PAL to reflect an increase in the PAL as provided underSection 12.3.9.11. 

### 12). The Control Officer m.~yjeopen the PALconditions in a Part 70 Operating Permit forthe following: 

### ~). Reduce the PAL. to reflect newly applicable federal requirements with~~npliance

dates afterthe PAL effective date. 

### If)~ Reduce the PAL consistentwith any other requirement that is enforceable a~...~..practical

matter, and that the Control

12.3-34Officer may impose on the major stationarysource under the Nevada SIP. 

### 1~). Reduce the PAL if the Control Officer determines that a reduction is necessary to avoid causing orcontributing to a National Ambient Air Quality Standard or PSD increment violation, or to an adverse impact on an air-quality-related value that has been identified for a federal Class I area by a Federal Land Manager and forwhich information is available to the aeneral public. 

### ~). Except forthe permit reopening in paragraph (b)(1 1(A) of Section 12.3.9.8 forthe correction of typographical/calculation errors that do not increase the PAL level, all other reopeninqs shall be carried out assignificant permit revisions to a Part 70 Operating Permit

. 12.3.9.9 Expiration of a PAL

Any PALwhich is not renewed in accordance with the ørocedures in Section 12.3.9.10 shall expire at the end ofthe PALeffective period, and the requirements in paragraphs (a) through (el of Section 12.3.9.9 shall apply. 

### 1~). Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised Part70 Operating Permit established according tothe orocedures in paragraphs (a)(1) and (a)(2) of Section 12.3.9.9. 

### in Within the timeframe specified for PAL renewals in paragraph (b) of Section 12.3.9.10, the malor stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate asdecided by the Control Officer) by distribut

ing the PAL allowable emissions forthe affected major station

ary source among each ofthe emissions units that existed underthe_PAL._Ifthe PAL had not yet been adjusted for an applicable requirement that became effective duringthe PAL ef

fective_period, as required under paragraph (e) of Section 12.3.9.10, such distribution shall be made as if the PAL had been adjusted. 

### 12). The Control Officerwill decide whetherand how the PAL allow

able emissions will be distributed and issue a revised Part 70 Operating Permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Control Offi

cer determines is appropriate.



### /

### 5~ Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Control Officer mayapprove the use of monitoring systems otherthan CEMS, GERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limita

tion. 

### ~). Until the Control Officer issues the revised Part 70 Operating Permit incorporating allowable limitsfor each emissions unit, oreach group of emissions units, as required under paragraph (a1(2) of Section 12.3.9.9, the source shall continue to comply with a source-wide,, multi-unit emissions cap equivalent to the level of the PAL emission limitation. j~). Any physical change or char~~e in the method of operation at the major stationary source will be subjectto the nonattainment major NSA requirements if such chanq~j~ieets the definition of major modifica

tion. 

### 5~). The major stationary source owner or operator shall continue to complywith any federal, state orcounty applicable requirements that may have applied either during the PAL effective period or priorto the PAL effective period ex.~pt as provided in paragraph (b)(3) of Section 12.3.9.1

. 12.3.9.10 Renewal of a PAL 

### 5~). The Control Officerwill followthe procedures specified in Sections 12.3.9.5 and 12.5 in approving any request to renew the PAL condi

tions in a Part 70 Operating Permit fora major stationarysource, and will provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level forthe source for consideration bythe Control Officer. j~). Application deadline. A mE~jQLstationarv source owner or operator shall submit a timely application tothe Control Officerto request renewal of the PAL conditions in a Part70 Operating Permit. Atimely application is one that is submitted at least six (6) months priorto, but not earlierthan eighteen (181 months priorto, the date of expiration of the Part 70 Operating Permit. This deadline forapplication submit

tal is to ensure that the permit will not expire before the permit is renewed. Ifthe owner or operatorof a major stationarysource submits a complete applicationto renew the PALconditions in a Part70 Op

erating Permitwithinthis time period, then the PAL conditions shall continue to be effective until the revised permit with the renewed PAL conditions is issued. 

# C

12.3-36

### ~). Application Requirements. The application to renew PAL condi

tions shall be incorporated in the application for renewal of the af

fected Part 70 Operating Permit and shall contain the information required in paragraphs (c)(1) through (c)(4) of Section 12.3.9.10: 

### Li). The information required in paragraphs (a) through (c) of Sec

tion 12.3.9.3 

### 12). A proposed PAL level 

### 5~). The sum of the PTE of all emissjons units under the PAL (with supporting documentation); and 

### 14). Any other information the owner or operatorwishesthe Control Officerto consider in determining the appropriate level for renewing the PAL conditions. 

### 5~). PAL Adjustment. In determining whether and howto adjust the PAL, the Control Officerwill considerthe options outlined in paragraphs (d)(1) and (d)(21 of Section 12.3.9.10. However, in no case may any such adjustment fail to comply with paragraph (d)(3) of Section 12.3.9.10. 

### in Ifthe emissions level calculated in accordance with Section 12.3.9.5 is equal to orgreaterthan eighty (80) percent of the PAL level, the Control Officer may renew the PALat the same level without considering the factors set forth in paragraph (d)(2) of Section 12.3.9.10; or 

### 12). The Control Officer may set the PAL at a level that he deter

mines to be more representative of the source’s baseline actual emissions, orthat he determines to be appropriate considering air quality needs, advances in control technology, anticipated economjc growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or otherfactors as specifically identified bythe Control Officer in his written ration

ale. 

### 5~). Notwithstanding paragraphs (d)(1 I and (d)(2) of Section 12.3.9.10: 

### ~). Ifthe PIE ofthe major stationary source is less than the PAL, the Control Officer shall adjust the PAL to a level no greaterthan the PTE ofthe source; and 

### If). The Control Officer shall not approve renewed PAL level higherthan the current PAL unlessthe major stationary



### /source has complied with the provisions of Section 12.3.9.11. 

### 5~). Ifthe compliance date for afederal or state requirement that applies tothe PAL source occurs during the PALeffective period, and if the Control Officer has not aIre~~ adjusted forsuch requirement, the PAL shall be adjusted at the time ofthe affected Part70 Operating Permit is renewed

. 12.3.9.11 Increasing a PAL during the PAL Effective Period 

### ~). The Control Officer may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs (a)(1)throuqh (a)(4) of Section 12.3.9.11. 

### in The owner or operatorof the major stationarysource shall sub

mit a complete applicaflon to request an increase in the PAL limit as a significant revision tothe affected Part 70 Operating Permit. Such application shall identify the emissions unit(s) contributingto the increase in emissions so as to cause the major stationary source’s emissions to eaual or exceed its PAL. 

### 12). As part ofthis application, the major stationary source owner or operator shall demonstrate thatthe sum ofthe baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions ofthe significant and major emissions units, assuming application of BAGT-equivalent controls, plus the sum ofthe allowable emissions of the newor modified emissions unit(s), exceeds the PAL. The level of control that would result from BACT-eguivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unlessthe emissions unit is currently required to comply with a BACT or LAER requitement thatwas established within the preceding ten (10) years. In such a case, the assumed control level forthat emissions unit shall be equal to the level of BAGT or LAER with which that emjssions unit must currently comply. j~). The owner or operator obtains an Authority to Construct Permit pursuant to Section 1~~for

all_emissions unit(s) identified in paragraph (a)(1) of Section 12.3.9.11, regardless ofthe magni

tude of the emissions increase resulting from them. These emissions unit(s) shall complywith any emissions requirements resulting from the nonattainmentAuthority to Construct Permit issuance process, even though they have also become subject to the PALorcontinue to be subject to the PAL.

12.3-38

### 14). The PALconditions in a Part 70 Operating Permit shall require thatthe increased PAL level shall be effective on the day any emissions unit that is part of the PALsignificant permit revision becomes operational and begins to emit the PAL pollutant. 

### 1k). The Control Officer shall calculate the new PALas the sum ofthe al

lowable emissions foreach modified or newemissions unit, plus the sum of the baseline actual emissions ofthe significant and major emissions units (assuming application of BACT-equivalent controls asdetermined in accordance with paragraph (a)(2) of Section 12.3.9.11), plus the sum of the baseline actual emissions ofthe small emissions units. 

### Ic). The PALconditions in a Part70 Operating Permit shall be revised to reflect the increased PAL level pursuantto the public notice require

ments of Section 12.3.9.5

. 12.3.9.12 Monitoring Requirements for PALs 

### Ifl). General requirements. 

### Ii). The PALconditions in a Part70 Operating Permit must include enforceable requirementsfor the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system author

ized for use in the PAL conditions must be based on sound sci

ence and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated bysuch system must meet minimum Ieaal requirements foradmissibility in a judicial proceeding to enforce the PAL conditions. 

### 12). The PAL monitoring system must employ one or more of the four (4) general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(1) through (b)(4) of Section 12.3.9.12 and must be approved by the Control Officer. 

### 5~). Notwithstanding paragraph (a)(21 of Section 12.3.9.12, the PAL monitoring system may also employ an alternative monitoring approach that meets paragraph (a)(1) of Section 12.3.9.12 if approved bythe Control Officer. 

### 14). Failure to use a monitoring system that meets the requirements of Section 12.3.9.12 renders the PAL invalid. 5j~). Minimum performance requirementsfor approved monitoring approaches The following are acceptable general monitoring ~proaches when conducted in accordance withthe minimum require

ments in paragraphs (c) thr~gh (i) of Section 12.3.9.12: “~
‘~ 

### fi). Mass balance calculations foractivities using coatings orsol

vents 

### 12). GEMS 

### Id.). CPMS or PEMS: and 

### 14). Emission factors. 

### ~). Mass Balance Calculations. An owner oroperator using mass bal

ance calculations to monito AL pollutant emissions from activities using coatings or solvents shail meet the following requirements: 

### Li). Provide a demonstrated means ofvalidating the published content ofthe PAL pollutant that is contained in or created by all materials used in or atthe emissions unit 

### 12). Assume thatthe emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and 

# EI~ 5~). Where the vendor of a material orfuel which is used in or at the emissions unit publishes a range of pollutant content from such material, the owner oroperator must use the highest value of the range to calculate the PAL pollutant emissions unless the Control Officer determines there is site-specific data or a site

specific monitoring pr~g~am

to support another content within the range. 

### ~). CEMS. An owneror operator’using GEMS to monitor PAL pollutant emissions shall meet the following requirements:~ 

### Li). The CEMS must compjy..with applicable performance specifica

tions found in 40 GFR Part60, Appendix B; and 

### 12). The GEMS must sam~, analyze, and record data at least every fifteen (15) minutes while the emissions unit is operating. j~). CPMS or PEMS. An owner or operator using CPMS or PEMSto monitor PAL pollutant emissions shall meet the following require

ments: 

### in The CPMS or PEMS must be based on current site-specific data demonstrating a correlation between the monitored pa12.3-40rameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit: and 

### 12). Each CPMS or PEMS must sample, analyze, and record data at least every fifteen (151 minutes, or at another, less frequent in

terval approved by the Control Officerwhile the emissions unit is operating. 

### ifi Emission Factors. An owneror operator using emission factors to monitor PAL ~oIIutant

emissions shall meet the following require

ments: 

### in All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors’ devel

opment: 

### 12). The emissions unit shall operate within the designated range of use forthe emission factor, if applicable: and 

### ~). Iftechnically practicable, the owner or operatorof asignificant emissions unit that relies on an emission factorto calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factorwithin six (6) monthsof permit is

suance unless the Control Officer determines that testing is not required. 

### Ig). Asource owner or operator must record and report maximum poten

tial emissions without considering enforceable emission limitations or operational restrictions foran emissions unit during any period of time wheneverthere is no monitoring data unless another method for determining emissions during such periods is specified in the Part 70 Operating Permit containing the PAL. 

### Ib). Notwithstanding the requirements in paragraphs (c) through (g) of Section 12.3.9.12, where an owner or operatorof an emissions unit cannot demonstrate acorrelation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Control Officer shall, at the time of permit is

suance: 

### in Establish default value(s) for determining compliance withthe PAL based on the highest potential emissions reasonably esti

mated at such operating point(s); or 

### 12). Determine that operation ofthe emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation ofthe PAL.



### /

### Si). Revalidation. All data used to establish the PAL pollutant must be revalidated through performance testing or other scientificallyvalid means approved by the Control Officer. Such testing must occur at leastonce every five (5) years after issuance of the Part 70 Operat

ing Permit containing the PAL conditions

. 12.3.9.13 Recordkeepinq Requirements

j~). The PAL conditions shall re~jj~e an owner oroperatorto retain a copy of all records necessaryto determine compliance with any requirement of Section 12.3.9 and of the PAL, including a determina

tion ofeach emissions unit’s 12-month rolling total emissions, forfive (5) years from the date of s~ti record. 

### Q~). The PALconditions in a Part 7~D Operating Permit shall require an owner oroperator to retain a copyofthe following records forthe du

ration ofthe PAL effective period plusfive (5) years: 

### Li). A copy ofthe PAL provisions in the Part 70 Operating Permit application and any applications for revisions tothe Part 70 Op

erating Permit; and 

### 12). Each annual certificat~~of compliance pursuanttothe condi

tions in the affected Part 70 Operating Permit and the data relied on in certifying the compliance

. 12.3.9.14 Reporting and Notification Requirements

The owner or operatorshall submit semiannual monitoring reports and prompt deviation reportsto the Control Officer, in accordance with the conditions in the affected Part70 Operating Permit. The reports shall meet the reguirements in paragraphs (a) through (cI of Section 12.3.9.14. 

### La). Semiannual Report. The semiannual report shall be submitted to the Control Officerwithin tI~j!~y (30) days of the end of each reporting period. This report shall contan the information required in paragraphs (a)(1) through (a)(7) of Section 12.3.9.14: 

### in The identification ofowner and operatorand the permit number 

### 12). Total annual emissior~..(jn toy) based on a 12-month rolling total for each month in thej~porting period. 

### ~). All data relied upon, including, but not limited to. anyquality assurance orqualitycontrol data, in calculating the monthly and annual PAL pollutantemissions

12.3-42

### 14). A list of any emissions units modified or added tothe major sta

tionary source during the preceding 6-month period 

### 1.~). The number, duration, and cause of any deviations or monitor

ing malfunctions (otherthan the time associated with zero and span calibration checks), and anycorrective action taken 

### 5k). A notification of a shutdown of any monitoring system, whether the shutdown was permanent ortemporary, the reason forthe shutdown, the anticipated date thatthe monitoring system will be fully operational or replaced with another monitoring system, whetherthe emissions unit monitored by the monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant orthe numberdetermined by method included in the permit, as provided by paragraph (g) of Section 12.3.9.12; and 

### ~). A signed statement bythe responsible official certifying the truth, accuracy, and completeness of the information provided in the report. 

### 1k). Deviation Report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL conditions, including periods where no monitoring is available. A reportsubmitted pursuant to 40 CFA 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed bythe affected Part70 Operating Permit. The reportsshall contain the following information: 

### Ii). The identification of owner and operator and the permit number 

### 12). The PAL reguirement that experienced the deviation orthat was exceeded: 

### ~). Emissions resulting from the deviation or the exceedance; and 

### f4). A signed statement bythe responsible official certifying the truth, accuracy, and completeness ofthe information provided in the report. 

### Ic). Revalidation Results. The owner oroperator shall submitto the Control Officerthe results of any revalidationtest or method within three (3) months after completion of such test or method

. 12.3.9.15 Transition Requirements 

### 5~). The Control Officer may not issue a PALthat does not comply with the requirements in Sections 12.3.9.1 through 12.3.9.15 after theAdministrator has approved regulations incorporating these require

ments into the Nevada SIP~. “ 

### 1k). The Control Officer maysupersede any PAL which was established priorto the date of approval ofthe Nevada SIP bythe Administrator with a PALthat complieswith the requirements ofSections 12.3.9.1 through 12.3.9.15

. 12.3.10 Potential Visibility Impacts

The Control Officer shall consultwith the Federal Land Manager on a oroposed maior stationary source or in~Jpr modification that may impact visibil

ity in anyClass I Area, in accordancewith 40 CFR 51.307

. 12.3.11 Invalidation

If any provision of Section 12.3, or the application of such provision to any person or circumstance, is held invalid, the remainder of Section 12.3, orthe application ofsuch provision to persons or circumstances otherthan those as to which it is held invalid, shall not be affected thereby. 

# 0

12.3-44EXHIBIT 3

SECTION 12.4: AUTHORITYTO CONSTRUCT APPLICATION AND PERMIT

REQUIREMENTS FOR PART 70 SOURCES 12.4 AUTHORITYTO CONSTRUCT PERMIT REQUIREMENTS FOR PART 70 SOURCES 1 12.4.1 Authorityto Construct Permit Reguired: Duration

.~ 1 12.4.1.1 Commencement of Construction: Timing Requirements 1 12.4.2 Definitions 1 12.4.2.1 Use ofTerms 1 12.4.3 Authorityto Construct Permit for Part 70 Sources 5 12.4.3.1 Application Submission, Processing and Issuance Requirements for Stationary Sources Subiect to Sections 12.2 or 12.3 12.4.3.2 Application Submission and Processing Requirements for Part 70 Sources Not Subject to Section 12.2, Section 12.3, or Section 12.4.3.3 11 12.4.3.3 Application Submission and Processing Requirements for Construction or Reconstruction of a Part 70 Source Subjectto a Standard under Sections 112(d), (f), or (h) of the Act (a MACT source) 12 12.4.3.4 Authority to Construct Permit Revisions 12 12.4.3.5 Administrative Permit Revisions forTitle IV Acid Rain

Sources 13



# /12.4 AUTHORITYTO CONSTRUCT PERMIT REQUIREMENTS FOR PART 70

SOURCES 12.4.1 Authorityto Construct Permit R~g.yired: Duration 12.4.1.1 Commencement of Construction: Timing Requirements j~). No person shall begin actual construction of a New Part 70 source, or modify or reconstruct an existing Part 70 source thatfalls within the preconstruction review ~IicabiIity criteria, without first obtaining an Authorityto Construct Permitfrom the Control Officer. 

### 1k). If a person commences the construction, modification, or reconstruc

tion of a Part 70 source within eighteen (181 months afterthe date of issuance of an Authority to Construct Permit and construction is not discontinued for a period greaterthan twelve (12) months, and provided that a timely and con~te Part 70 Operating Permit applica

tion is submitted pursuant loSection 12.5.2.1, the Authority to Construct Permit shall rem~n in effect until a Part 70 Operating Permit is granted or denied, orthe modification or reconstruction is in

corporated into a Part 70 Q~’ating Permit through a permit revision. 

### Ic). Notwithstanding the provisions of paragraph (b) of Section 12.4.1.1, if an existing Part 70 Operati~g.fermit would prohibit such construction orchange in operation, the source must obtain a Part 70 permit revision pursuant to Section 12.5.2.14 beforecommencing operation

. 12.4.2 Definitions 12.4.2.1 Use of Terms

The following definitions apply to terms used in Section 12.4. Unless the context requires otherwise, the foHowing terms shall have the meanings set forth forthe purposes of Section 12.4. When a term is not defined, it shall have the meaning provided in Seoflon 0, 40 CFR 70.2, the Act, or common usage, in that order of priority. 

### 5~). “Existing Part 70 source” means a Part 70 source that either has a valid Part 70 Operating Permit issued prior tothe effective date of Section 12.4 or has an apphcation for a Part70 Operating Permit deemed complete priorto the effective date of Section 12.4. 

### 1k). “Minor NSA significant Ieyej~’ means an increase in the potential to emit that equals orexceeds the following rates forthe pollutants listed: 

# 0

12.4-1Tv~e of Air Pollutant Potentiai to Emit (tDv~

~ directly emitted 5.0 EMi~

20 20 Lead (Pbs 0.6 5 Total Reduced Sulfur (including HpS) Ig). “Modification” or “Modify” means a project which meets anyof the preconstruction review applicability criteria in paragraph (e) of Sec

tion 12.4.2.1 orthat requires a minor or significant permit revision pursuant to Section 12.5.2.14. 

### 5.ç~). “New Part 70 source” means a Part70 source that is not an existing Part 70 source. j~). “Preconstruction review applicability criteria” means any of the follow
### in At an existing maior stationary source, a project thatwill result in a “majormodification” as defined in Sections 12.2 or 12.3 

### 12). A new Part 70 source ora modification toan existing Part70 source that is subject to Section 12.4.3.2 

### 5~). Any proiect that is subjectto a standard, limitation, or other requirement under40 CFA Part 60: 

### 14). Any project that is subject to a standard under40 CFR Part 63, including, but not limited to, construction or reconstruction that requires preconstruction review under40 CFR ~63.5; or 

### 5k). For asolid waste incineration unit, a project that will result in a modification for purposes ofSection 1 29(g)(3) of the Act. 

### ifi “Project” means a physical change in, or change inthe method of operation of, a major stationary source

. For purposes ofthis definition, a physical chanae or change in the method of operation shall not include: 

### jfl Routine maintenance, repair and replacement.

12.4-~’



# /

### 12). Use of an alternative fu~or raw material by reason of any order (~ under Section 2 (a) an.~.j~)

of the Energy Supply and Environ

mental Coordination Act of 1974 (or any superseding legislation) or by reason ofa natu~!.jias curtailment plan pursuant tothe Federal Power Act. 

### ~). Use of an alternative fuel by reason ofan order or rule under Section 125 of the Ad 

### 14). Use of an alternative fuel at a steam generating unit to the extent thatthe fuel is generated from municipal solid waste. 

### 12 Use of an alternative f~Lor raw material by a stationary source which: 

### ~). The source was ~abIe of accommodating before January 6, 1975, unless such chance would be prohibited under anyfederally enforceable permit condition which was established after January 6, 1975 pursuantto 40 CFR 52.21 or under regulations approved pursuant to40 CFR Part 51 Subpart I; or 

### If). The source is ap~ved to use under any permit issued under 40 GFA 52.21 or under regulations approved pursuantto 40 CFR P3rt51 Subpart I. 

### 12 An increase inthe hours of operation or in the production rate, unless such change would be prohibited underanyfederally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuantto 40...QE:R Subpart I or 51.166. 

### 1fl Any chanae in ownenth!p at a stationary source. 

### 12 The installation, operation, cessation, or removal ofa temporary clean coal technology demonstration proiect, provided that the project complies with: 

### ~). The Nevada State Implementation Plan and: 

### If). Other requirements necessaryto attain and maintain the national ambienl:ah quality standards duringthe project and after it is terminated. j~). The installation or op~.@~on of a permanent clean coal technol

ogy demonstration proi~ç.t

hat constitutes repowening, provided thatthe project does not result in an increase in the potential to

12.4-3emit of any regulated pollutant emitted by the unit. This exemption shall applyon a pollutant-by-pollutant basis. 

### I1Q). The reactivation ofa veryclean coal-fired electric utility steam generating unit. jg). “Responsible official” means one ofthe following: 

### in For a corporation: a president, secretary, treasurer, orvice

president of the corporation in charge of a principal business function, or any other person who performs similar policy or de

cision-making functions for the corporation, or a duly authorized representative ofsuch person if the representative is responsi

ble forthe overall operation of one or more manufacturing, production, oroperating facilities applying foror subiect to a permit and either: 

### ~). The operating facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars: or 

### If). The delegation of authorityto such representative is approved in advance bythe Control Officer. 

### .12). For a partnership or sole proprietorship: a general partner or the proprietor, respectively 

### ~). For a municipality, state, federal, or other public agency: either a orincipal executive officer or ranking elected official. Forthe purposes of this definition, a principal executive officer ofa fed

eral agency includes the chief executive officer having responsibility for the overall operations ofa principal geographic unit of the agency; or 

### 14). For Title IV affected sources: j~). The designated representative, asdefined in 40 GFR 72.2

. insofar as actions, standards, requirements, or prohibitions underTitle IV of the Act, “Acid Deposition Control.” orthe regulations promulgated there under are concerned; or 

### If). The responsible official as defined above for any other purposes under Section 12.4.

1T4~/~12.4.3 Authorityto Construct Permit for Part 70 Sources

12.4.3.1 Application Submission, Processing and Issuance Requirements for

Stationary Sources Subject to Sections 12.2 or 12.3 

### ~). Application Requirements An application for an Autho~yjo Construct Permit shall be submitted on a form provided bythe Control Officer. The application shall contain the following information related tothe construction or project: 

### Li). A description of all emissions of regulated air pollutantsfrom all affected emissions units and a projected operating schedule for each emissions unit 

### 12). An identification and a description of all points ofemissions and a_process description of all activities, including design capacity, which may generate erTussions of the regulated airpollutants described pursuantto~~agraph (a)(1) of Section 12.4.3.1 in sufficient detail to establish the basis forthe applicability of stan

dards and fees 

### f~). The emission rates of all regulated air pollutants, including fuqi

tive emission rates. The emission rates must be described in tons per yearand for such shorter-term averages as are necessaryto establish comphance using the applicable standard reference test method orother methodology specified in paragraph (a)(71 of Section 12.4,3.1k 

### 14.). A description of any new or modified air pollution control equip

ment to be operated atthe stationary source 

### 12 The calculations on ~th~ch the information described in Section 12.4.3.1 are based, including a fuel description and specifica

tions 

### If). Citations to and a de~j~tion of all applicable requirements: 

### £7). The applicable test m~!iod or other methodology used for de

termining compliance with each applicable requirement 

### If). A control technology demonstration for AACT shall be submitted for a modification to an eKisting Part 70 source that requires an Authority to Construc~~rmit because: (i1 the modification will increase the source’s.pg~ential to emit by an amount that is greaterthan the minor NSA significant level in paragraph (b) of Section 12.4.2.1; and.JJj)..a control technologydemonstration is not otherwise require~.~y

Section 12.2 or 12.3.The control tech12.4-5nology demonstration shall only apply to the pollutant exceeding the minor NSR significant level. The application shall describe how RACT was determined and howcompliance with RACT is to be measured, including, if applicable, material usage limits, performance testing and continuous emissions monitoring. 

### 1~). Ifapplicable, a description of how performance testing will be conducted, including test methods and a ~eneraI description of testing protocols 

### LW). If applicable, the information necessary to establish a basic de

sign parameter Iii.). If applicable, a description of how the permittee proposes to complywith the compliance assurance monitoring requirements in 40 CFR Part 64, including a olan describing how the applicant will complywith the monitoring design criteria in 40 CFR 64.3 and 

### 112). If any information or data in the application is proposed to be treated as confidential, ademonstration of compliancewith the Certification ofConfidentialityprocedures in Section 12.6.1. 1j~). Ifthe applicant wishes to be subjectto the enhanced public participation procedures in Section 12.2.16.6, a declaration to that effect. 

### 1k). Additional Application Requirements for Sources Subject to Section 12.2 (Major Source PSD) Ifthe new or modified Part70 source is subjecttothe Prevention of Significant Deterioration preconstruction review provisions of Section 12.2, the application shall also contain the following: 

### in The control technology review required by Section 12.2.9 

### 12). The source impact analysis required by Section 12.2.10 j~). The airquality analysis required by Section 12.2.12 

### 141 The source information required by Section 12.2.13 

### If). The additional impact analyses required by Section 12.2.14; and 

### If). Any other information that the Control Officer determines is necessaryto process the application in accordance with Section 12.2 or Section 12.3.

__/



# /2’

### Ic). Additional Application Requirements For Sources Subject to Section 12.3 (Major Source Nonattainment NSR~ If the new or modified Part70 source is subject tothe nonattainment area preconstruction revie~Q~3)viSiOnS ofSection 12.3, the applica

tion shall also contain the following: 

### Li). The statewide compliance demonstration required by Section 12.3.3~ 

### .12). The alternatives analysis required by Section 12.3.4: 

### f~.). The LAER demonstration and draft permit conditions required to ensure compliancewith LAER required bySection 12.3.5.2 

### 14). An air impact analysis including dispersion modeling: 

### If). The information necessary to demonstrate that the applicant has satisfied or will satis~

the emissions offset requirements in Section 12.3.6; and 

### If). Any other informationjj~~t the Control Officer determines is necessary to process the application in accordance with Section 12.2 or Section 12.3. Ig). Application Processing Procedures Any application for a new or modified Part 70 source subject to paragraph (a) ofSection 1 2.4.3.1 shall be processed in accordance with the following procedures: 

## in Within one hundred 1100) days afterthe date of receipt of an application foran Authority to Construct Permit, the Control Offi

cer shall determine if the application is complete. If substantial additional information is required, the Control Officershall de

termine that the appjjcation is incomplete and return the applica

tion to the applicant. If substantial additional information is not required, the Control Officer shall determine the application to be complete

. Unless the Control Officer determines thatthe application is in

complete within one hundred (100) days afterthe date of receipt of the application, the official date of submittal ofthe application shall be deemed to he the date on which the Control Officer de

termines that the apphcation is complete or the 101st day after the date of receipt, whichever is earlier. Within one year after the date the application is determined to be complete, the Con- (~

12.4-7trol Officer shall initiate the public participation procedures in Section 12.2.16. 

### 12). If, afterthe date the application is determined to be complete, the Control Officer discovers that additional information is required to act on the appljcatjon, the.Control Officer may request additional information necessaryto determine whetherthe prooosed project will comply with all ofthe applicable requirements set forth in Section 12.2 or Section 12.3, as applicable. The applicant must provide in writing any additional information thatthe Control Officer requests withinthe time specified in the written request ofthe Control Officer. Any delay inthe submittal of the requested information may result in acorresponding delay in the action of the Control Officer on the application or a determina

tion of incompleteness. j~). Permit Content An Authority to Construct Permit issued pursuant to Section 12.4 shall contain each of the following conditions: 

### in The permittee shall retain records of all required monitoring and performance demonstration data and supporting information for five (5) years afterthe date ofthe samole collection, measurement, report, or analysis. Supporting information includes all records regarding calibration and maintenance of the monitoring equipment, all original strip-chart recordings forcontinuous monitoring instrumentation, and if applicable, all other records required to be maintained pursuantto 40 CFR 64.9(b). 

### 12). Each of the conditions and requirements of the permit is severable and, if any are held invalid, the remaining conditions and requirements continue in effect 

### ~). The permittee shall comply with all conditions contained in the permit. Any noncompliance constitutes a violation and is grounds for: 

### ~). An action for noncompliance 

### If). Revocation and reissuance orthe termination of the permit by the Control Officer; or 

### I~).The reopening or revising of the permit bythe permittee as directed by the Control Officer. 

# /

### 14). The need to halt or reduce activity to maintain compliance with 

### (7 ~ the conditions of the permit is not a defenseto noncompliance with any condition of th~ermit 

### If). The Control Officer ma~j~?vise, revoke and reissue, reopen and revise, orterminate the~~rmit forcause: 

### If). The permitdoes not convey any property rights or any exclusive privilege: 

### £7). The permittee shall providethe Control Officer, within a reasonable time, with any information thatthe Control Officer requests in writing to determine whether cause exists for revising, revok

ing and reissuing, or terminating the permit, orto determine compliancewith the conditions ofthe permit. Upon request, the permittee shall also fu~h

to the Control Officer copies of records required to be k~pj..by

the permit or, for information claimed to be confidential, the permittee may furnish such records directly tothe Administrator along with a claim of confidentiality 

### If). The permittee shall allowthe Control Officer, or any authorized representative ofthe Control Officer, upon presentation of credentials, to enterthe r~ffnittee’s premiseswhere the sourcej~ 

## ( located or emissions related activity is conducted and to: 

### ~). Have access to and copy, during normal business hours

. any recordsthat are kept pursuanttothe conditions ofthe permit 

### If). Insoect anyfacilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required underthe permit 

### 1~).Sample or monit.~,..substances or parametersto determine compliancewith the conditions of the permitor applicable requirements; and 

### LQ). Document alleged violations using devices such as cameras or video eq~ment. j~). A responsible official ofthe source shall certify that, based on information and beliefformed after a reasonable inquiry, the statements made in q~y..document required to be submitted by anycondition of the permit are true, accurate, and complete 

# CLW). The permit must contain: 

### ~). All applicable requirements, emission limits, and standards, provided, however, that applicable requirements that are not required bythe Act or implementing federal regulations, and that are not inthe Nevada SIP, may be in

cluded in the permit but shall be specifically designated as being not federally enforceable and not enforceable by a citizen’s suit pursuantto the Act, and shall be designated as“county only requirements.” Terms and conditions so designated are not subject tothe requirementsthat apply to permit review by EPA and affected states 

### If). Monitoring, recordkeepinq, and reporting requirements suf

ficientto meet the requirements of 40 CFR Part 64 or paragraph (dl of Section 12.5.2.6, as deemed necessary by the Control Officer 

### ~Q). Such other conditions as necessaryto demonstrate compliance with the requirements in Section 12.2 or Section 12.3 forconstruction, subjectto those sections. 

### lii.). The permittee shall maintain documentation ofthe records required by paragraph (a) of Section 12.2.1.6 or paragraph (a) of Section 12.3.1.6, if applicable. 

### 112). The permittee shall report start of construction, construction in

terruptions exceeding nine (9) months, and completion of construction. The report shall be given to the Control Officer not later than fifteen (15) working days after occurrence of the event 

### Li?). The permittee shall provide written notification ofthe actual date of commencing operation, received bythe Control Officer, within fifteen (15) calendar days after such date: 

### £14). The permittee shall provide separate written notification for commencing operation foreach unit of phased construction, which may involve a series of units commencing operation at different times: 

### Li.~). A source that is a new Part 70 source or a major modification to an existing Part 70 source shall, within sixty (60) days after achieving the maximum rate of production of the new source or modification, but not laterthan one hundred eighty (180) days after commencing operation, conduct performance tests and furnish the Control Officer a written report ofthe results of the tests. The Control Officer may require such testing to occur

zsoonerthan the 180 d~~yj.imit if thereare adequate groundsto ( doso. The performance tests required by the Authority to Construct Permit shall be conducted in accordance with the applica

ble test method and Section 12.8; and jj.~). The permittee shall postthe permit in a location which is clearly visible and accessibletothe facility’s employees and representatives of the department (17) The permittee shall pay~ fees assessed pursuant to Section 18

. 12.4.3.2 ~~ppIication

Submission and Processing Requirements for Part 70 Sources Not Subjectto Section 12.2, Section 12.3, or Section 12.4.3.3 

### ~). In order to obtain an Authorityjo Construct Permit, the owner or operator of a proposed new Part 70 source that is not subiect to Section 12.2 or Section 12.3, orthe owner oroperator ofan existing Part70 source proposing a modification that increases the source’s potential to emit by an amount equal to or greaterthan the minor NSAsignifi

cant level in paragraph (b) of Section 12.4.2.1, butthat is not a major modification underSection 122 orSection 12.3, shall submit an application on a form prescribed by the Control Officer. 

### Ii). The application shall contain the information specified in paragraph (al of Section 12.4.3.1 and a “Control Technology Re

view” that meets the requirements of Section 12.2.9, except that ReasonablyAvaiIable..~ntrol Technology (RACT) shall be the technology standard instead of Best Available Control Technol

ogy. The applicant shall also include a demonstration thatthe new Part 70 source or modification does not cause an exceedance ofthe ambient airquality standards in Section 11 or an exceedance ofambient air increments specified in Section 12.2.3. 

### 12). The determination of completeness and the procedures for processingthe applica~on

shall be those in paragraph (dl of Section 12.4.3.1. 

### u.). The public participatipra.procedures specified in Section 12.1.5.3 shall applyto a permit revision processed underSection 12.4.3.2(a). 

### 14). The contents ofthe Authority to Construct Permit issued pursuant to Section 12.4.3.~)

shall be those in Section 12.4.3.1(e). 

### 1k). In orderto obtain an Authority to Construct Permit, the owner or

operatorof an existinq.f~rt

70 source that is proposing a modifi- 

## ( cation that increases the source’s potential to emit by an amount ‘~-~---~‘

12.4-11less than the minor NSR significance level in paragraph (b) of Section 12.4.2.1 shall comply with the minor revision process listed in Section 12.5.2.14, including the application procedures listed in paragraph (a)(3) of Section 12.5.2.14

. 12.4.3.3 Application Submission and Processing Requirements for Construction or Reconstruction of a Part 70 Source Subject to a Standard under Sections 112(d). (0. or (h) ofthe Act (a MACTsource) In addition to any otherapplicable application requirements in Section 12.4, if a new Part 70 source, orthe reconstruction of an existing Part 70 source that creates a “new affected source” or “reconstructed affected source” that is a major source under 40 CFR Part 63, the owner or operator shall comply with the application requirements under 40 CFR 63.5 and paragraph (a) of Section 12.4.3.1. The Authority to Construct Permitfor such source shall comply with the requirements in 40 CFR 63.5(e)

. 12.4.3.4 Authority to Construct Permit Revisions 

### f~). An Authority to Construct Permit shall only be revised administra

tivelyor as a significant permit revision. 

### 111 An administrative permit revision is a permit revision that: 

### ~). Corrects typographical errors 

### If). Identifies a change in the name, address, or phone number ofany person identified in the permit, or provides a similar minor administrative change 

### ~Q). Requires more frequent monitoring or reporting by the permittee j~).Allowsfor a change in ownership oroperational control of a source where the Control Officer determinesthat no other change inthe permit is necessary, provided that a written agreement containing a specific date fortransfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted tothe Control Officer and the permit transfer procedures specified in Section 12.12 are complied with; or 

### ~). Incorporates any othertype of change which the Adminis

tratorhas determined to be similar to those in paragraphs (a)(ll(A) through (a)(1)(D) of Section 12.4.3.4. 

### 12). An administrative permit revision may be made by the Control Officer consistentwith the following: 

# /7

### ~). The Control Officer shall take no more than thirty (30) days (~ from receipt of a ~g~iest

foran administrative permit revision to take final action on such request, and may incorpo

rate the revision without providing notice tothe publjc or affected states provided thatthe revised permit designates any such permit revisions as having been made pursuant to Section 12.4.3~4~ 

### If). The Control Officiershall provide a copy of the revised permitto the Administrator. 

### ~). The source may ~plementthe changes addressed in the request for an administrative revision immediately upon submittal ofthe r~g~est.

However, if the Control Officer de

termines that the changedoes not qualify as an adminis

trative revision, the source may be subject to enforcement proceedings forviolation ofany existing permit terms and conditions. 

### 1~). A significant permit revision to an Authority to Construct Permit is any revision to the ~1jnitthat is not an administrative permit revision. j~). Asignificant permit revision shall be subject to the same application, determination of completeness, processing procedures, puhj~participation, notification, and timeta

bles as the original Authority to Construct Permit, except that the scope of the procedures shall be limited to the revision and issues relevant tothat revision and the procedures specified ~paraqraphs (cI and (dl of Section 12.5.2.18 do not ap~iv~ j~). From and afterthe date ol commencing operation, an Authority to Construct Permit shall only..k~~ revised pursuant tothe procedures for revising a Part 70 Operati~g.fermit in Sections 12.5.2.13 and 12.5.4.14

. 12.4.3.5 Administrative Permit Revisiol~jor Title IV Acid Rain Sources Administrative permit revisions tq..p~rmit conditions qovemed bythe Federal Clean AirAct Title IV Acid Rain F~qram shall comply with 40 CFR Part 72, as incorporated by reference in Section 21

.

12.4-13EXHIBIT 4

SECTION 12.5: PART 70 OPERATING PERMIT REQUIREMENTS

12.5 PART 70 OPERATING PERMIT REQUIREMENTS 1 12.5.1 Definitions 1 12.5.2 Part 70 Operating Permit Reguirements 4 12.5.2.1 Permit Applications: Timely and Complete Applications 4 12.5.2.2 Permit Applications: Dutyto Supplement or Correct Application6 12.5.2.3 Permit Applications: Standard Requirements 7 12.5.2.4 Permit Applications: Certification 10 1 2.5.2.5 Permit Applications: Insignificant Activities and Emissions 10 1 2.5.2.6 Permit Content: Standard Requirements 14 1 2.5.2.7 Permit Content: Federally Enforceable Requirements 21 12.5.2.8 Permit Content: Compliance Aequirements 21 12.5.2.9 Permit Content: Permit Shield 23 12.5.2.10 Permit Issuance: Action on Application 24 12.5.2.11 Permit Renewal and Expiration 25 12.5.2.12 Permit Revision: Changes that Do Not Require a Permit

Revision 26 12.5.2.13 Permit Revision: Administrative Permit Revision 27 12.5.2.14 Permit Revisions: Minor and Significant 28 12.5.2.15 Permit Revision: Reopening forCause 32 12.5.2.16 Permit Revision: Reopenings forCause by EPA 33 12.5.2.17 Public Participation 34 12.5.2.18 Permit Review by EPA and Affected States 35 12.5.2.19 TemporarySources 37 12.5.2.20 Part 70 General Permit 37

//12.5 PART 70 OPERATING PERMIT REQUIREMENTS

12.5.1 Definitions

The following definitions a~~lv to defined terms used in Section 12.5. Unless the context requires otherwise, the following terms shall have the meanings set forth forthe purposes of Section 12.5. When a term is not defined,j~ shall have the meaning provided in Section 0, Section 12.4, 40 CFR 70.2~ the Act, or common usage, in thai order of priority. 

### ~). “Deviation” means a variationfrom any permit terms, including terms that establish emission limitations, operating conditions, or work practice standards, and those terms intended to show compliance with those limitations, conditions, orstandards, including monitoring, recordkeeping, and reporti~jequirementS. A deviation is not necessarily a violation. 

### 1k). “Exempt Source” means thatthe following source categories are exemptedfrom the obliqationjQobtain a Part 70 Operating Permit: (1) Any source that has obtained a voluntarily accepted emission limit, pursuant to Section 12.1.7, to avoid having to obtain a Part 70 Operating Permit, unless a Part 70 Operating Permit is required by some other provision or requirement of the Act 

# El)
(2) Any source that would be required to obtain a permit solely be

cause it is subject to Section 14.1(b)(621 of these AQRs, “Stan

dards of PertormancejQr New Residential Wood Heaters” (40 CFR60.530, Subpart AAA); or (3) Any source that would be required to obtain a permit solely be

cause it is subjectto Section 13.1(bl(8l of these AQRs, “Emission StandardforAsbestos” (40 CFR 61.145, Subpart Ml. 

### Ic). “Existing Part 70 source” means a Part 70 source that either has a valid Part70 Operating Permit issued prior tothe effective date of Section 12.5 or has an application fora Part 70 Operating Permit deemed complete priorto the effective date of Section 12.5. 

### ~). “Minor NSR significant levels” means an increase in the potential to emitthat would equal or exceed the following rates for the pollutants listed:
Type of Air Pollutant Potential to Emit (t~v~

~ directly emitted 5.0 EMi~ Co

12.5-122 20 20 Lead (Pb~

Total Reduced Sulfur (including H2S) 

### ~). “Modification” or “Modify” means a project which meets any ofthe preconstruction review applicabilitycriteria in paragraph (g) of Section 12.5.1 orthat requires a minor or significant permit revision pursuantto Section 12.5.2.14. j~). “New Part70 source” means a Part 70 source that is not an existing Part 70 source. 

### fg). “Preconstruction reviewapplicability criteria” means any ofthe follow
### in At an existing major stationarysource, a project that will result in a major modification as defined in Section 12.2 or 12.3 

### 12). A new Part 70 source or a modification to an existing Part 70 source that is subject to Section 12.4.3.2 

### ~). Any project that is subject to a standard, limitation, orother requirement under 40 CFR Part 60 

### 14). Any project that is sublectto astandard under40 CFR Part 63, including, but not limitedto, construction or reconstruction that requires preconstruction review under40 CFR 63.5; or 

### If). For a solid waste incineration unit, a project thatwill result in a modification for purposes of Section 129(g)(3) ofthe Act. 

### 1k). “Project” means a physical chanae in, or change in the method of operation of, a major stationary source

. For purposes of this definition, a physical change or change in the method of operation shall not include: 

### in Routine maintenance, repairand replacement. 

### 12). Use of an alternative fuel or raw material by reason of anyorder under Section 2 (a) and (b) of the Energy Supply and Environ

mental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant tothe Federal Power Act.

### ~.). Use of an alternative fu~bv reason of an orderor rule under Section 125 of the Act. 

### 14). Use of an alternative fuel at a steam generating unit to the extent thatthe fuel is generated from municipal solid waste. 

### If). Use ofan alternative fuel or raw material by a stationary source which: 

### ~). The source was ~able of accommodating before Janu

ary 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after Janua~

6, 1975 pursuant to4O CFR 52.21 or under regulations approved pursuant 1040 CFR Part 51 Subpart I; or 

### If). The source is ap~~,ed

to use under any permit issued under40 CFR5221 or under regulations approved pursuantto 40 CFR Part 51 Subpart I. 

### If). An increase inthe hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to4OCFR Part 51, Subpart I. 

### £7). Any change in ownership at a stationary source. 

### If). The installation, operation, cessation, or removal of a temporary clean coal technolo~v

demonstration project, provided thatthe project complies with~: j~). The Nevada State implementation Plan and 

### If). Other requirements necessaryto attain and maintain the national ambient air qualitystandards during the project and after it is terrrilnated. j~). The installation or operation of a permanent clean coal technol

ogydemonstration pl2j~.ct

that constitutes repowerinq, provided that the project does not result in an increase in the potential to emit of any requlated...~lutant emitted by the unit. This exemption shall applyon a pollutant-by-pollutant basis. 

### LW). The reactivation of avery clean coal-fired electric utility steam generating unit. 

# C

12.5-3jj). “Responsible official” means one ofthe following: 

### in For acorporation: a president, secretary, treasurer, orvice

president of the corporation in charge of a principal business function, or any otherperson who performs similarpolicy orde

cision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsi

ble forthe overall operation of one or more manufacturing, production, or operating facilities applying foror subject to a permit and either: j~).The operating facilities employ morethan 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars: or 

### If). The delegation of authorityto such representative is approved in advance by the Control Officer. 

### 12). For a partnership orsole proprietorship: a general partner or the proprietor, respectively: 

### ~). For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. Forthe purposes of thisdefinition, a principal executive officer of afed

eral agency includes the chiefexecutive officer having responsibility forthe overall operations of a principal geographic unit of the agency; or 

### 14). ForTitle IV affected sources: 

### ~). The designated representative, as defined in 40 CFR 72.2, insofar as actions, standards, requirements, or prohibitions under Title IV of the Act, “Acid Deposition Control,” orthe regulations promulgated there underare concerned: or 

### If). The responsible official as defined above forany otherpurposes under Section 12.5

. 12.5.2 Part 70 Operating Permit Requirements 12.5.2.1 Permit Applications: Timely and Complete Applications

For each Part70 source, the owner or operator shall submit a timely and complete permit application. A pre-application conference may be held at the request of the owner or operatorofthe Part 70 source to assist a source in submitting a complete permit application. 

### Ia). Timely application. 

# /7’

### 111 A timely application fora source applying fora Part70 Operat

ing Permit for the firsttime is one that is submitted within twelve (12) months afterthe source becomessubiect to the permit program. If a source submits a timelyapplication underthis provi

sion, it may continue op~ating under its Authority to Construct Permit until final action is taken on its application fora new Part 70 Operating Permit. 

### 12). For purposes of permit renewal, a timely application is acomplete application that is submitted at least six (6) months and not greaterthan eighteen (18) months priortothe date of permitexpiration. If a source submits a timelyapplication underthis provision, it may continue operating under its current Part 70 Oper

ating Permit until final action is taken on its application for a renewed Part70 Operatin9 Permit. j~). Atimely application for an existing Part 70 source that has ob

tained an Authority to Construct Permit is one that is submitted within twelve (121 months aftercommencing operation ofthe modification or reconstruction authorized by the permit, or on or before such earlier date thatthe Control Officer may establish

. However, where an existing Part 70 Operating Permit would prohibit such construction or change in operation, the source must obtain a Part 70~rmit revision pursuantto Section 12.5.2.14 before commencing operation. 

### 14). In orderto be deemed a timelyapplication, the application must also meet the complete application provisions listed in paragraph (b) ofSection 12.5.2.1. 

### 1k). Complete application. 

### Ii). To be deemed complete, an application must provide all infor

mation necessary to evaluate the subject source and its applica

tion and to determine all applicable requirements, including the emission rates information required by paragraph (a)(3) of Section 12.4.3.1. Applications for permit revisions need supply only such information as is related to the proposed change. A responsible official shall certify the submitted information consis

tent with Section 12.5.2.4. 

### 12). Unless the Control Officer notifies the source in writing within sixty (60) days of rec~pi

ofthe application that an application is not complete, such appi~cation shall be deemed to be complete. j~). A completeness determination shall not be required for a minor permit revision.

12.5-5

### 14). If, while processing an application that has been determined or deemed to be complete, the Control Officer determines that ad

ditional information is necessaryto evaluate ortake final action on that application, the Control Officer may requestsuch infor

mation in writing and set a reasonable deadline fora response

. Failure to provide the information requested in a timely manner may result in a determinationthat the application is incomplete. 

### If). The submittal of a complete application shall not affect the requirement that any source shall have an Authority to Construct Permit issued pursuant to Section 12.4.3 priorto construction. 

### Ic). Area source-specific requirements. 

### U). If a regulation promulgated by the administrator under Section 111 or 112 of the Act (42 U.S.C. 7411 or7412) requires area sources to submit an application fora Part 70 Operating Permit, each area source covered bythe requirement must submit an application in accordance with that regulation. 

### 1~~!). Confidential Information. Claims of confidentiality as to information submitted to EPA shall be made pursuant to applicable federal requirements in 40 CFR Part 2. Claims ofconfidentiality asto informa

tion submitted tothe department shall be made pursuant to Section 12.6. In the case where asource has submitted information to the Control Officer under aclaim of confidentiality that also must be submittedto EPA, the Control Officer shall either submitthe informa

tion to EPA or require the source to submit a copyof such informa

tion directly to EPA. 

### ~). Late applications. An application submitted afterthe deadlines estab

lished fortimeliness shall be acceptedfor processing, but shall not be considered a timely application. Submitting an application shall not relieve a source of any enforcement actions resulting from sub

mitting a late application

. 12.5.2.2 Permit Applications: Dutyto Supplement or Correct Application Any applicantwho fails to submit any relevant facts, or who has submitted incorrect information in a permit application, shall, upon becoming aware of such_failure_or_incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessaryto address any requirements that become applicable tothe source after the date it filed a complete application but priorto release of a draft permit. A responsible official shall certify the additional information consistent with the requirements of Section 12.5.2.4.12.5.2.3 Permit Applications: Standard R~g!1irements Information as described belowfor~~ch emissions unit at a Part 70source shall be included in the application,~~cept for insignificant activities. The application shall be submittedon a form provided bythe Control Officer. 

### fe). Identifying information, including company name, company address, plant name and address if different from company name and ad

dress, owner’s name and ag~t, and telephone numberand name of the responsible official, plant site manager, or contact 

### 1k). A description of the source’~~.p~ocesses and products by Standard Industrial Classification Cod~jSlC) orthe North American Industry Classification System (NAIC~1, including any associated with each alternate scenario identifiecLkythe source 

### ~). The following emjssions-rel~d information: 

### Ii.). The potential to emit of all air pollutantsforwhich the source is major, and the potentialto emit ofall regulated air pollutants, in

cluding HAPs, from ar]y~missions unit, except for insignificant activities 

### 12). Identification and descr~tion of all points of emissions described in paragraph (c’i(l) of Section 12.5.2.3 in sufficient detail to establish the basis foran air impact analysis and applicability of applicable requiremer~j j~). Emissions rates in tor~per year, including fugitive emission rates, and in such tenrns as are necessaryto establish compli

ance with applicable ~pirements,consistent with the results of performance tests conducted pursuantto the source’s Part 70 Operating Permit orthe source’s Authority to Construct Permit~ whichever is more cu~~j 

### 14). The following information to the extent it is needed to determine or regulate emissions,: fuels, fuel use, raw materials, production rates, and operating schedules 

### If). Identification and de~çjjption of air pollution control equipment and compliance monitoring devices or activities: and 

### If). Limitations on sourcQQperation affecting emissions or any work practice standards, where applicable, for all regulated air pollut

ants and HAPs atthe Part70 source. 

### Ic!). Other information requirecj.ky any applicable requirement. incIudinci~ 

# C~

I:

12.5-7

### Ii). Information related to stack height limitations developed pursuant to Section 12.2.7.3; and 

### 12). The calculations on whichthe information in paragraphs (c)(1) through (c)(6) ofSection 12.5.2.3 is based. j~). The following air pollution control requirements: 

### in Citation and description of all applicable requirements, and 

### 12). Description of or reference to any applicable test method forde

termining compliance with each applicable requirement. 

### ifi Other specific information that may be necessary to implement and enforce applicable requirements or todetermine the applicability of such requirements jg). An explanation ofany proposed exemptions from otherwise applica

ble requirements 

### 1k). If alternative operating scenarios are to be identified in the permit pursuantto paragraph (j) of Section 12.5.2.6, such information as is necessary forthe Control Officerto define those scenarios and de

termine the applicable requirementsfor each proposed scenario: fj). If emissions trading is proposed, the legal authority forthe trading and a description ofthe proposed conditions for determining compli

ance with the trading requirements, including replicable procedures that ensure thatthe emissions trades are quantifiable and enforce

able. jj). A compliance plan that contains all ofthe following: 

### in A description ofthe compliance status of the source with respect toall applicable requirements 

### 12). A compliance statement and compliance schedule, as follows: j~). For applicable requirementswith which the source is in compliance, a statementthat the source will continue to complywith such requirements 

### If). For applicable requirementsthatwill become effective dur

ing the permit term, a statement that the source will meet such requirements on a timely basis. Astatement thatthe



# ~ effec~vedunnQthePemtt!~,,,,///satisfy this provisj~ unless a more detailed schedule is expressly require~..~.y

the applicable requirement; and j~).A schedule of compliance for any emissions unit at the source thatwill not be in compliance with any applicable requirement at the time of permit issuance. Such asched

ule shall include a schedule of remedial measures, includ

ing an enforceable sequence of actions with milestones, leading to compliancewith the applicable requirements

. This compliance schedule shall resemble and be at least as stringent asthat contained in any judicial consent de

cree or administr~Lve

order towhich the source is subject

. Any such schedule ofcompliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. 

### I?). A schedule forsubmission of certified progress reports no less than eve~ six (6) monthsfor sources reguired to have a sched

ule ofcompliance to remedy a violation. 

### 14). The compliance plan content requirements specified in paragraphs (j)(1l through (jl(3) of Section 12.5.2.3 shall apply and be included in the “acid rain” portion of a compliance plan fora Title
,—~. IV affected source, except as specifically superseded by regula

lions promulgated underTitle IV ofthe Act, “Acid Deposition Control,” with regard tothe schedule and methodsthe source will use to achieve corn~iance with the acid rain emission limita

tions. j~). Requirements for compliance certification, including all of the follow

ingi 

### Li). A certification ofcom~nce with all applicable requirements by a responsible official consistent with Section 12.5.2.4 of the AQRs and Section 1 i4~)(3) ofthe Act, “Enhanced Monitoring and Compliance Certification” 

### 12). Astatement of methods used for determining compliance, in

cluding a description of monitoring, recordkeeping, and report

ing requirements and test method; and j~). A statement indicatir~gj!je source’s compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act 

### Q). For acid rain portions of permit applications and compliance plans~ submit a current EPA Acid Rain PermitApplication or New Unit Exemption form, as applicable.

N 12.5-9

### Q~). If a PAL is requested, the information required by Section 12.2.19 for establishing a PAL

. 12.5.2.4 PermitApplications: Certification

Any application form, report, or compliance certification submitted pursuant to Section 12.5 shall contain certification by a responsible official oftruth, accuracy, and completeness. This certification, and any other certification required under Section 12.5, shall state that, based on information and beliefformed after reasonable inquiry, the statements and information in the document are true, accurate, and complete

. 12.5.2.5 PermitApplications: Insignificant Activities and Emissions An application may not omit information needed todetermine the applicabil

ity of, or to impose, any applicable requirement. 

### f~). The following types of activities and emissions units may be presumptively omitted from a permit application fora Part 70 Operating Permit. Certain of these listed activities include qualifying statements intended to exclude many similar activities: 

### in Combustion emissions from propulsion of mobile sources 

### 12). Air-conditioning units used for human comfort that do not have applicable requirements underTitle VI ofthe Act: 

### ~). Ventilating units used for human comfort that do not exhaust air pollutants into the ambient airfrom any manufacturing/industrial or commercial process 

### 14). Noncommercial food preparation 

### If). Consumer use of office equipment and products, not including printing establishments or businesses primarily involved in ~hotographic reproduction 

### If). Janitorial services and consumer use of janitorial products 

### £7). Internal combustion engines used for landscaping purposes 

### If). Laundry activities, except fordry-cleaning and steam boilers: 

### f~). Bathroom/toilet vent emissions
~ ~~:rQ5r~~(backup) electrical generators at residential loca-



# /7”•fJJ.). Tobacco smoking rooms and areas 

### 112). Blacksmith forges jj~). Plant maintenance ancL~.pkeepactivities (e.g., groundskeeping, general repairs, cleanii~g~painting, welding, plumbing, re-tarring roofs, installing insulat~L1 .

and paving parking lots), provided these activities are not conducted as part of a manufacturing process, are not related to the source’s primary business activity, and not otherwise triggering a permit revision Cleaning and painting activities qualj~~jts

insignificant activities if they are not subject to VOC or HAP control requirements. Asphalt batch plant owners/operators must still get a permitif otherwise required. 

### 114). Repair or maintenanc op activities not related to the source’s primary business activj~y~.

not including emissions from surface coating ordegreasing (solvent metal cleaning) activities, and not otherwise triggering a .2~imit revision 

### Li.~). Portable electrical generatorsthat can be moved by hand from one location to anothE~ 

### L1Q). Hand-held equipment for buffing, polishing, cutting, drilling, saw- (~) 

## mg, grinding, turning, or machining wood, metal, or plastic: 

### liZ). Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in emission of HAP metals 

### Li.~). Air compressors and ~umaticaIly operated equipment, includ

ing hand tools jj~). Batteries and batterycharging stations, except at batterv manufacturing plants 

### 12P). Storage tanks, vesse~~~tnd containers holding or storing liquid substancesthat will not emit any VOCs or HAPs 

### IZfl Storage tanks, reseneoirs, and pumping and handling equipment of any size containinq..~aps. vegetable oil, grease, animal fat4 and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilize.c!j 

### 122). Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized~ 

# C

12.5-11q 

### .(2~).Drop hammers or hydraulic presses for forging or metalworking: 

### 124). Equipment used exclusivelyto slaughteranimals, but not includ

ing other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment 

### 12k). Vents from continuous emissions monitors and other analyzers: 

### I2~). Natural gas pressure regulator vents, excluding venting at oil and gas production facilities 

### 12Z). Hand-held applicator equipmentfor hot melt adhesives with no VOCs in the adhesiveformulation 

### I2~). Equipment used forsurface coating, painting, dipping, or spraying operations, except those that will emit VOCs or HAPs 

### 12Q~).çQ~ lasers, used only on metals and other materials which do not emit HAPs in the process 

### ~Q). Consumer use of papertrimmers/binders 

### ~fl Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed in the ovens or autoclaves or the boilers delivering the steam 

### 1~). Salt baths using nonvolatile salts that do not result in emissions of any regulated airpollutants 

### ~). Lasertrimmers using dust collection to prevent fugitive emis

sions 

### ~4). Bench-scale laboratory equipment used for physical orchemical analysis, but not lab fume hoods or vents 

### .Q~). Routine calibration and maintenance of laboratory equipment or otheranalytical instruments 

### ~). Equipment used forquality control/assurance or inspection purposes, including sampling equipment used to withdraw materi

als for analysis: 

### 1~7). Hydraulic and hydrostatic testing equipment 

### .(~). Environmental chambers not using HAP gases j~). Shock chambers //~



## //

### f4Q). Humidity chambers 

### 141). Solar simulators 

### ~4~). Fugitive emissions related to movement of passenger vehicles, provided the emissions are not countedfor applicability purposes and any reguired fugitive dust control plan or its equiva

lent is submitted 

### ~4~). Process waterfiItratior~stems and demineralizers 

### 144.). Demineralized water tanks and demineralizervents 

### I4.~).Boilerwater treatment operations, not including cooling towers 

### 14Q). Oxygen scavenging (deaerationl of water 

### I4Z). Ozone generators 

### I4~.). Fire suppression syste~~sj 

### 149). Emergency road flaresj 

### IfQ). Steam vents and safe~y.~lief valves 

### Iffl Steam leaksi 

### If2). Steam cleaning operations; and 

### 1.~?.).Steam sterilizers. 

### 1k). Any person may petition the Control Officer fora rule to be adopted under the procedures in Section 2 toadd an activity or emission unit to this list of insignificant activities and emissions which may be excluded from a Part 70 Operating Permit application. The petition shall include the following information: 

### Li). A complete description ofthe activity or emission to be added to the Ii~t 

### 12). A complete description ofall air contaminantsthat may be emitted bythe activity or emission, including emission rate, air pollu

tion control equipment, and calculations used to determine emissions; and 

### ~). An explanation of why the activity or emission should be exempted from the application requirementsfor an operating permE

- 12.5-13.(ç). The Control Officer shall review, on a case-by-case basis, insignifi

cant activities for an individual Part 70 source that are listed in the application but do not require a detailed description. No activity with the potential to emit greaterthan two (2) tpy of any criteria pollutant, five (5) tpy of a combination of criteria pollutants, five hundred (500) pounds ~er

year of any HAP, or one (1) tpyof a combination of HAPs shall be eligible to be determined an insignificant activity under Section 12.5.2.5

. 12.5.2.6 Permit Content: Standard Requirements

Each Part 70 Operating Permit shall include the following elements: 

### ~). Emission limitations and standards, including those operational requirements and limitations that assure compliancewith all applicable requirements at the time of permit issuance or that become effective withinthe term of the permit: 

### in The permit shall specify, and reference the origin of and author

ity for, each term or condition, and identify any difference inform ascompared to the applicable requirement upon which the term orcondition is based. 

### 12). Where an applicable requirement is more stringent than an applicable requirement of regulations promulgated under Title IV of the Act, “Acid Deposition Control,” both provisions shall be in

corporated into the permit. 

### ~). Ifthe Nevada SIP allows a determination of an alternative emissions limit at a Part 70 source, equivalent to that contained in the SIP, to be made during the permit issuance, renewal, orsig

nificant revision process, and the Control Officer elects to use such process, any permit containing such equivalency determi

nation shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures. 

### 1k). All terms and conditions of anyAuthority to Construct Permit, to the extent that such terms and conditions applyto operations. The permit shall identifythose terms and conditions and the authority upon which_they_are based, and shall contain a statementthat any changes to any such terms and conditions must be processed in accordance with the applicable permit revision procedures in Section 12.4, 12.5.2.13 or 12.5.2.14 and applicable SIP requirements



## /

## Ic). Permit duration.



## Lfl The Control Officer shall issue permits for a fixed term of five (5) years in the case of“acid rain” sources, and for aterm not to exceed five (5) years in the case of all other sources. 

### 12). Notwithstanding paragraph (c)(1) of Section 12.5.2.6, the Control Officer shall issue p~mits forsolid waste incineration units combusting municipal waste and subjectto a standard under Section 129(e) of the Act shall be issued for a period notto exceed twelve (121 years and shall review such permits at least everyfive (5) years. j~).A condition or requirement in a Part 70 Operating Permitthat in

corporates conditions from an Authority to Construct Permit de

rived from Sections 1 2.2 or 12.3 requirements shall remain in ef

fect and enforceable after expiration ortermination ofthe Part 70 Operating Permit in whichthey are containeth 

### ~). Monitoring and related recordkeepjnq and reporting requirements. 

### Li). Each permit shall contain the following requirements with respectto monitoring 

### f~).All monitoring and analysis procedures ortest methods re- ) gujred under applicable monitoring and testing require

ments, incIudinQ4~

CFR Part 64, and any other procedures and methods that may be promulgated pursuant to Sections 11 4(a)(~.)..pr

504(b) of the Act. If more than one monitoring ortesting requirement applies, the permit may specify a streamlined set of monitoring ortesting provi

sions provided the specified monitoring ortesting is adequate to assure compliance at least to the same extent as the monitoring ortesting applicable requirements that are not included in 1!~permit

as a result of such streamlining 

### If). Where the applicable requirementdoes not require periodictesting or instrumental or non-instrumental monitoring, compliance monitoring may consist of recordkeeping de

signed to serve asmonitoring or periodic monitoring sufficientto yield reliable data from the relevant time period that are representative of the source’s compliance withthe permit. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph: and

12.5-15

### ~Q). As necessary, requirements concerning the use, mainte

nance, and, where appropriate, installation of monitoring equipment or methods. 

### 12). With respectto recordkeepjng, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following: 

### ~). Records of required monitoring information that include the following: jj). The date, place as defined inthe permit, and time of sampling or measurements 

### fifl The dates analyses were performed 

### Illil The company orentitythat performed the analyses 

### Qy). The analytical techniquesor methods used 

### Ix). The results of such analyses; and 

### ~). The operating conditions as existing at the time of sampling or measurement. 

### If). Retention of records of all required monitoring data and support information for a period ofat leastfive (5) years from the date of the monitoring sample, measurement, report, or application. Support information includes all cali

bration and maintenance records and all original strip-chart recordings forcontinuous monitoring instrumentation, and copies of all reports required bythe permit. 

### ~). For sources that contain emissions units subjectto 40 CFR Part 64 (Compliance Assurance Monitoring, or CAM), the following ~eneraI terms and conditions shall become terms and condi

tions of the permit: j~). The perrnittee shall install, calibrate, maintain, and operate a monitoring system according to the manufacturer’s speci

fications orother written procedures that provide adequate assurance that the system would reasonably be expected to function in accordance with the requirements in 40 CFR 64.7. 

### If). At all times, the permittee shall properly maintain the moni

toring system, including, but not limited to, maintaining

125~Vparts if necessaryjQ~ routine repairs of the monitoring system. j~).The permittee shall collect data at all required intervals during emissions unit operation, except for, as applicable, monitoring malfunctions, repairsassociated with monitor

ing malfunctions, I required quality assurance or control activities, asfollows: 

### 1i). Data recorded during monitoring malfunctions, repairs assoQ~ied

with malfunctions, and required quality assurance orcontrol activities shall not be used for p~j~oses

of CAM. 

### Q~). The permittee shall maintain records ofthe begin

ning date and time, ending date and time, and cause (including unknown cause, if applicable) for monitorinQc!Qwntime incidents (otherthan downtime associate(L~jth

zero and span or other daily calibra

tion check~jf

applicable]. fjj~ The perrmttee shall use all data collected during all periods otherthan those identified in paragraph (d)(3)(C)(i)...Qf Section 12.5.2.6 in assessing the OP eration of~ control device and associated control system. ~jy). A monitorj~g..malf

unction is any sudden, infrequent, not reasonably preventable failure of the monitoring to provide valid data. Monitoring failures caused in part by poor maintenance or careless operation are not malfu~jons

and shall be considered deviations. 

### 1Q). All incidents of r~nitoring downtime recorded underparagraph (d)(3)(C)fl)...gi Section 12.5.2.6 shall be reported pursuant to paraqra~~~(d)(4l

of Section 12.5.2.6. 

### 1~). The permittee shall comply withthe requirements of an approved CAM ~lity improvement elan, if reguired bythe Control Officer. 

### 14). With respectto reporting, the permit shall incorporate all applicable reporting reathrements, includjnq those in 40 CFR 64.9(a)

. if applicable, and require all ofthe following: 

### 1~). Submittal of repQ~ci

of any required monitoring every six (61 months, or more frequently if specified by an applicable 

## ( requirement or ~ Control Officer. All instances ofde

12.5-17viations from permit requirements, including monitoring downtime, must be clearly identified in such reports. All required monitoring reports submitted must be certified by a responsible official pursuantto section 12.5.2.4: 

### If). Reporting ofdeviations from permit requirements, including those attributable to malfunction, startup, orshut

down. Deviations shall be reported promptly. All reports of deviations shall identify the probable cause of the devia

tions and anycorrective actions or preventative measures taken. “Promptly,” for purposes of reporting, shall mean as follows: 

### fJ). A deviation caused by excess emissions shall be reported according to the requirements of Section 25.6.1. 

### 11!). A deviation from a permit requirement that poses a potential imminent and substantial dangerto public health, safety, orthe environment, if violated, shall be reported according to the requirements of Sec

tion 25.6.2; and fjjj). All otherdeviations shall be reported within six (6) months of the date the permittee first learns ofthe deviation. 

### ~Q). Written Report of Deviations. A written report must be submitted at the time specified in paragraph (d)(4)(B) of Section 12.5.2.6. This form does not provide an exemption from reporting all malfunctions or emergencies, which shall be reported according to Section 25.6. All deviation reports submitted must be certified by a responsible official. 

### If). Claims of confidentiality shall be governed by Section 12.6. 

### 1.~). Acid Rain Allowances. For Title IV affected sources, a permit condi

tion prohibiting emissions exceeding any allowances thatthe source lawfully holds under Title IV ofthe Act or the regulations promulgated thereunder: 

### in No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the Acid Rain Program, provided that such increases do not require a permit revision underany other applicable requirement. 

### 12). No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a



### /defense to noncompliance with any other applicable require

ment. 

### f~).Any such allowance shall be accounted foraccording to the procedures establishec!Jn regulations promulgated underTitle IV of the Act. 

### jf). Aseverability clause to ensure the continued validity ofthe various permit requirements in the event of a challenge to any portions ofthe permit kg). Standard provisions statingjj~p followirig~ 

### Li). The perniittee must cqjnplywith all conditions ofthe Part70 Operating Permit. Any...p~rmitnoncompliance may constitute a violation of these AQ9~jJevada law, and the Act, and is grounds for any ofthe following: enforcement action; permit termination: revocatioa.~j1d

re-issuance: revision: or denial of a permit renewal application. 

### 12). The need to halt or reduce activity is not a defense. It shall not be a defensefor a permittee in an enforcement action that it would have been necessaryto haltor reduce the permitted activity in orderto maint~icompIiance with the conditions ofthis permit. j~). The permit may be revised, revoked, reopened, and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and re-issuance, ortermination, or of a notification of planned changesor anticipated noncompli

ance, does not stayany permit condition. 

### 14). The permit does not convey any property rights of any sort, or any exclusive pnivileq~ 

### If). The permittee shall furnish tothe Control Officer, within a reasonable time, any information thatthe Control Officer may request in writing to determine whethercause exists for revisinQ revoking and reissuhig~or

terminating the permit, orto deter

mine compliance with the permit. Upon request, the permittee shall also furnish to the Control Officer copies of records required to be kept by the permit or, for information claimed to be confidential, the perrnittee mayfurnish such records directlyto the Administratoralc~g~with

a claim of confidentiality. 

### If). On a timely basis, th~p.ermittee shall meet all applicable re-

— guirementsthat become effective during the permit term 

# C

12.5-19

### ffl). Emission Fee. A provision to ensure thatthe source pays fees consistentwith Section 18 

### Iii Emissions Programs. A provision stating that no permit revision shall be required, under any approved economic incentives, market

able permits, emissions trading, and other similar programs or próc

esses, forchanges that are provided for in the permit 

### Ii). Alternative Operating Scenarios. Terms and conditionsfor reasonably anticipated operating scenarios identified bythe source in its application as approved bythe Control Officer. Such terms and conditions: 

### in Shall require the source, contemporaneously with making a change from one operating scenarioto another, to record in a log at the permitted facility a record of the scenario under which it is operating 

### 12). Shall extend the permit shield to all terms and conditions under each such operating scenario; and 

### ~). Must ensure thatthe terms and conditions ofeach such alterna

tive scenario meet all applicable requirements and the require

ments of Section 12.5. 

### fl~). Emissions Trading. Terms and conditions, ifthe permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility, to the extent thatthe applicable requirements and the Nevada SIP providefor trading such increases and de

creases without a case-by-case approval by the Control Officer and the trading is necessarysolely for the purpose ofcomplying with a federally enforceable emissions cap that is established inthe permit independent of any otherwise applicable requirements. Such terms and conditions: 

### in Shall include all terms required to determine compliance, includ

ing replicable procedures and permit terms that ensure that emissions trades are quantifiable and enforceable 

### 12). Shall extend the permit shield to all terms and conditions that al

low such increases and decreases in emissions; and j~).Shall ensure thatthe terms and conditions meet all applicable requirements and that the permitting of affected sources occurs in accordancewith the deadlines in Title IV of the Act and the regulations promulgated thereunder.

### ffi Any applicationform, reporL~ compliance certification submitted pursuant to these AQRs shall contain certification by a responsible official oftruth, accuracy, and completeness. This certification and anyothercertification required under this part shall state that, based on information and belief formed after reasonable inquiry, the state

ments and information in the document are true, accurate, and complete: and jjj~). The permit shall specifythat any person who has been issued a permit under Section 12.5 shall postsuch permit in a location which is clearlyvisible and accessible to the facility’s employees and representatives ofthe departmei~j~ 12.5.2.7 Permit Content: Federally Enforceable Requirements 

### ~). Except as provided in paragraph (b) of Section 12.5.2.7, all terms and conditions in a Part 7QQQeratinq Permit, including any provi

sions designed to limita source’s PTE, are enforceable by EPA and bycitizens pursuantto a citizen’s suit filed under the Act. 

### 1k). Notwithstanding paragraph~) of Section 12.5.2.7. applicable requirementsthat are not redllAjLed bythe Act or implementing federal regulations shall be included in the permit, but shall be specifically designated as being not federallyenforceable and not enforceable by 

## ( “) a citizen’s suit pursuant to the Act and shall be designated as “county-only requirements.” Terms and conditions so designated are not subjecttothe requirements that apply to permit review by EPA and affected states. 

### Ic). The Control Officer shall determine which conditions are “county-only requirements” in each Part 70 Operating Permit

. 12.5.2.8 Permit Content: Compliance Regj~irements

All Part 70 Operating Permits shall contain all of the following elementswith respectto compliance: j~). Compliance certification, testing, monitoring, reporting, and record

keening requirements sufficient to assure compliance with the terms and conditions of the pem~it.

Any document, including any report, required to be submitted pursuant to Section 12.5.2 shall contain a certification by a responsible official that meets the requirements of Section 12.5.2.4 

### 1k). Inspection and entry requkrements that require that, upon presenta

tion of credentials and other documents as may be required by law, the permittee shall allowthe Control Officer or an authorized repre12.5-21sentative to enterthe permittee’s premises where a Part 70 source is located or emissions related activity is conducted and to: 

### in Have access to and copy any records that must be kent under the conditions ofthe permit 

### 12). Inspect anyfacilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required underthe permit 

### 1~). Sample or monitorsubstances or parameters forthe purpose of assuring compliance with the permitor applicable requirements and 

### 14). Document alleged violations using devices such as cameras or video equipment. 

### ~). A schedule of compliance consistent with paragraph (j) of Section 12.5.2.3 and 40 CFR 70.5(c)(8) 

### ~). Progress reports consistent with an applicable schedule of compli

ance to be submitted semiannually, or at a morefrequent period if specified in the applicable requirement or by the Control Officer

. Such progress reports shall contain all of the following: 

### Ii). Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones, orcompliance were achieved: and 

### 12). An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted. 

### ~). Requirements forcompliance certification withterms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include all of the following: 

### Li). Annual submission of compliance certification, or morefre

quently if specified in the applicable requirementor by the Control Officer 

### 12). In accordance with paragraph (d) of Section 12.5.2.6, a means for monitoring the compliance ofthe source with its emission limitations, standards, and work practices: 

### ~). A requirement that the compliance certification include all of the following (provided that the identification of applicable informa

-

_/..tion may reference the.p~rmit or previous reports, as applica

ble)~ 

### ~). The identification of each term or condition of the permit that is the basis ofthe certification 

### If). The identification.Qfjhe methodsor other means used by the owner or operatorfor determining the compliance sta

tuswith each term and condition during the certification period. The methods and means shall include, at a minimum, the monitoring and related recordkeeping and reporting requirements described in 40 CFR 70.6(a)(3). If necessary the owner oroperator alsoshall identify any other material information that must be included in the certification to com~lv with Section 11 3(c)(21 ofthe Act, which prohibits knowingly makuig...~jalse

certification or omitting material information: 

### SQ). The status of compliance with the terms and conditions of the permitforthe period covered bythe certification, in

cluding whethercompliance during the period was continuous or intermJj~.nt.

The certification shall be based on the method or means designated in paragraph (e)(3)(B) of Section 12.5.2.8. The certification shall identify each devia

tion and take it into account in the compliance certification. / The certification shall also identify, as possible exceptions to compliance, a~y.periods

during which compliance is required and in which an excursion or exceedance (as de

fined under40 CFR Part 64) occurred; and 

### jQ). Such otherfacts asthe Control Officer may require to de

termine the compliance status ofthe source. 

### 14). A requirementthat all compliance certifications be submitted to EPA as well asto the Control Officer. 

### ifi Such additional requirements as may be specified pursuantto Sec

tion 1 14(a)(3) ofthe Act~Enhanced Monitoring and Compliance Certification,” and Section 504(b) of the Act, “Monitoring and Analysis.” 12.5.2.9 Permit Content: Permit Shield j~). Except as otherwise provided in Section 12.5.2.9, the Control Officer may include in each Part 70 Operating Permit a permit shield provi

sion stating that compliancewith the conditions ofthe permit shall be deemed compliance with any applicable requirements as ofthe date of permitissuance, provided t

12.5-23

### Li). Such applicable requirements are included and are specifically identified in the permit; or 

### 12). The Control Officer, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit in

cludes the determination or a concise summary thereof. 

### 1k). A Part 70 Operating Permitthat does not expressly state that a permit shield exists shall be presumed notto provide such a shield. 

### 1~). Nothing in this paragraph or in anyoperating permit shall alter or af

fect any of the following: 

### in The provisions of Section 303 of the Act, “Emergency Orders,” including the authority ofthe Administrator underthat section: 

### 12). The applicable reguirements ofthe Acid Rain Program, consis

tentwith Section 408(a) of the Act 

### 1~). The ability ofthe Control Officerto obtain information from a source, and the ability of EPA to obtain information from a source, under Section 114 of the Act, “Inspection, Monitoring, and Entrv”; and 

### 14). The liability ofan owner or operatorof a source for anyviolation of applicable requirements priorto orat the time of permit issuance

. 12.5.2.10 Permit Issuance: Action on Application 

### 1~). A permit, permit revision, or renewal may be approved only if all of the following conditions have been met: 

### Li). The Control Officer has received a complete application for a permit, permit revision, or permit renewal, except that a complete application need not be received before a Part 70 general permit is issued pursuantto Section 12.5.2.20: 

### 12). Except for revisions qualifying as administrative or minor permit revisions under Section 12.5.2.13 or paragraphs (a) and (b) of Section 12.5.2.14, the Control Officer has complied with the applicable requirementsfor public participation in Section 12.5.2.17 

### ~). The Control Officer has complied with the requirements for notifying and responding to EPA and affected states under paragraph (b) ofSection 12.5.2.18 __/



# /2~

### 14). The conditions of the permit providefor compliance with all ap- ( plicable requirements and the requirements of Section 12.5: and \~.“ 

### If). EPA has received acqQy..of the proposed permitor permit revision and any notices r~g~ired under paragraphs (a) and (b) of Section 12.5.2.18, and has not objected to issuance ofthe permit under paragraph (ç)..~j

Section 12.5.2.18 within the time period specified therein. 

### 1k). Except as provided under m~g~Iations promulgated underTitle IV of the Actfor the permitting ol Title IV affected sources underthe Acid Rain Program, the Control Officer shall take final action on each permit application, including~jequest for permit revision or renewal, within eighteen (18) months after receiving a completeapplication. 

### Ic). The Control Officer shall provide a statement that sets forth the legal and factual basis forthe dr~permit conditions, including references tothe applicable statutory or regulatory provisions or conditions in an applicable Authority to Construct Permit. The Control Officer shall send thisstatement to EPA akrng with each proposed Part 70 Oper

ating Permit and to any ot1~Q[person who requests it. 

### ~). Upon issuance of a Part 70 Operating Permit or revision to that permit, any Authority to Construct Permit issued for an emissions unit ( “~ subiect to that permit or revision is terminated forthat emissions unit. “~— -‘ However, the terms and conditions of the Authorityto Construct Permit remain in effect, in accordance with paragraph (b) of Section 12.5.2.6. 

### ~). The submittal of a complete application shall not affect the require

ment that any source hav€~.preconstruction permit underTitle I of the Act

. 12.5.2.11 Permit Renewal and Expiration 

### ~). Permits being renewed are subject to the same procedural require

ments, including those forp~Iic participation and affected state and EPA review, that apply to ~iitial permit issuance. 

### 1k). Permit expiration terminatesthe source’s right to operate unless a timely and complete renewal application has been submitted. 

### Ic). If a timely and complete renewal application is submitted and the Control Officerfails to issue or deny the renewal permit before the end of the term of the curr~. permit, then all ofthe terms and condi

tions of the current permitJ~çluding the permit shield, shall remain in

~ effect until renewal or denial.

12.5-25

### ~). Except as provided in parigraph (b) of Section 12.5.2.12 and paragraphs (a) and (b) ofSection 12.5.2.14, no Part 70 source mayoperate afterthe timethat it is required to submit a timely and complete application under Section 12.5.2 except in compliance with a permit issued thereunder, If a Part 70 source submits a timely and complete application for permit issuance (including for renewal), the source’s failure to have a Part70 Operating Permit is not a violation of Section 12.5 until the Control Officer takes final action on the permit applica

tion. This protection shall cease to apply if, subsequentto the completeness determination, the applicantfails to submit, by the deadline specified in writing by the Control Officer, anyadditional information identified as being neededto process the application

. 12.5.2.12 Permit Revision: Changes that Do Not Require a Permit Revision

j~). A Part 70 source may make changes that are not addressed or prohibited by the permit without a permit revision, unless such chances are subjectto any requirements under Title IV of the Act or are modifications under any provisions ofTitle I of the Act. 

### in Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition. 

### 12). Sources must provide at least seven (7) days’ written notice to the Control Officer and EPA of each such change, except for changes that qualify as insignificant underSection 12.5.2.5

. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirements thatwould apply as a result of the change. j~). The chanae shall not qualify for a permit shield. 

### 14). The permittee shall keep a record describing changes made at the source that result in emissions of a regulated air pollutant subjectto an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes. 

### 1k). A Part 70 source may make changeswithout requiring a permit revision if the changes are defined as Section 502(b)(1 0) chanaes under the Act, are not modifications under any provisions of Title I ofthe Act, and do not exceed the emissions allowable underthe permit (whetherexpressed in the permit as a rate of emissions or in terms of total emissions). For each such change, the written notification required by paragraph (a)(2) of Section 12.5.2.12 shall apply. The change shall not qualify for a permitshield12.5.2.13 Permit Revision: Administrative.~rmit Revision 

# ( La). An administrative permit revjsjon is a permit revision that: 

### in Corrects typographical err~~j 

### 12). Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change atthe source 

### ~.). Requires more frequent monitoring or reporting bythe permit

IQ~i 

### 14). Allows for a chance in ownership or operational control ofa source if the Control Officer determines that no other chanae in the permit is necessary~,provided that a written agreement containing a specific date for transferof permit responsibility, coverage, and liability between the current and new permittee has been submitted tothe Control Officer and the permit transfer procedures in Section 12.12 have been complied with 

### If). Incorporates into the permit the terms and conditions of an Au

thority to Construct Permit for a modification if the terms and conditions were subject to the procedures prescribed by Section 12.2.16.6; or 

### If). Incorporates into the permit the terms and conditions in an Au

thority to Construct Permit issued pursuantto Sections 12.4.3.3 or 12.4.3.4 if the terms and conditions were adopted underthe procedures prescribed by Section 12.2.16.6. 

### 1k). Administrative permit revisions for purposes ofthe “acid rain” portion of the permit shall be governed by regulations promulgated under Ti

tle IV of the Act. EQ). Administrative Permit Revisions Procedures. An administrative permit revision may be made bythe Control Officer consistent with the following: 

### 11). The Control Officer shall take no more than sixty (60) days from receipt of a requestfor an administrative permit revision to take final action on such regr~est,

and may incorporate such changes without providing notice to the public or affected states, provided thatthe Control Officer designates anysuch permit revisions as having been made pursuant to an administrative permit revision. 

### 12). The Control Officer shaH submit a copy of the revised permit to EPA.

12.5-27

### ~). The source may implement the changes addressed in the requestfor an administrative revision immediately upon submittal of the request. 

### ~). The Control Officer shall, upon taking final action foran administra

tive permit revision, allow coverage bythe permit shield for adminis

trative permit revisions made pursuant to paragraph (a)(5) ofSection 12.5.2.13 which meet the relevant requirements of paragraph (c) of Section 12.5.2.13 and paragraph (c) of Section 12.5.2.14 for signifi

cant permit revisions

. 12.5.2.14 Permit Revisions: Minor and Significant A significant permit revision isany revision to a Part 70 Operating Permit that cannot be accomplished under the Section 12.5.2.14 provisions for mi

nor oradministrative permit revisions. Any permit revision for purposes of the “acid rain” portion of the permit shall be governed by regulations promulgated bythe AdministratorunderTitle IV of the Act and shall require a sig

nificant permit revision. j~). Minor Permit Revision Procedures. 

### in Criteria. Minor permit revision procedures may be used onlyfor those permit revisions that:

~ Do notviolate any applicable requirement, including any provision of the Nevada SIP (including specific control strategies) 

### If). Do not involve significant changesto existing monitoring, reporting, or recordkeeping requirements in the permit: 

### IQ1 Do not require orchange a case-by-case determination of an emission limitation or other standard, or asourcespecific determination fortemporary sources of ambient impacts, or avisibility or increment analysis 

### jQ). Do not seek to establish or change a permitterm orcondi

tion forwhich there is no corresponding underlying appli

cable requirement, and thatthe source has assumedto avoid an applicable requirementto which the source would otherwise be subject. Such term or condition would include a federallyenforceable emissions cap assumed to avoid classification as a modification under any provision of Title I ofthe Act, or an alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) of the Act, “Early Reduction” 

# /

### 1g.). Are not modifications under any provision ofTitle I of the Act; and 

### ffi). Are not modifications subject to paragraph (a)(8) of Section 12.4.3.1. 

### 12). Emissions Trading. Minor permit revision procedures may be used for permit revisions involving the use of economic incen

tives, marketable permits, emissions trading, and other similai approaches, to the extent that such minor Part 70 Operating Permit revision procedures are explicitly provided for in the Nevada SIP or an applicable requirement. 

### ~,). Application. A permittee shall submit a standard application form provided by the department requesting a minor permit revision. The form shall include all of the following~ 

### ~). A description of the change, the emissions resulting from the change, and any newapplicable requirements thatwill apply if the change occurs 

### If). The source’s sugg~sted draft minor permit revision lan

guage 

### IQ). Certification by a responsible officialthat the proposed revision meets the criteria fora minor permit revision; and 

### LQ). The information the Control Officer needs in orderto notify EPA and affecte~tates. 

### 14.). EPAand Affected State Notification. Within five (51 working days of receipt ofa complete minor permit revision application, the Control Officer shall notify EPA and affected states of the requested permit revision. 

### If). Timetable for Approval. The Control Officer may not issue a final permit revision a~p.roval until after EPA’s 45-day review period or until EPA has notified the Control Officerthat EPA will not object to issuance of the permit revision, whichever is first

. Within ninety (90) days of the Control Officer’s receipt of a complete application under minor permit revision procedures orfif

teen (151 days after the end of EPA’s 45-day review period underthis paragraph, whichever is later, the Control Officer shall: 

### 1~). Issue the permit revision as proposed 

### If). Deny the permit revision 

# C

12.5-29

### IQ). Determine thatthe requested revision does not meet the minor permit revision criteria and should be reviewed underthe significant revision procedures; or 

### 112). Revisethe draft minor permit revision and transmitto EPA the new proposed revision. Transmittal to EPA initiatesthe approval process described in paragraph (a) of Section 12.5.2.18. 

### If). Source’s Ability to Make a Change. A Part 70 source may make the change proposed in its minor permit revision applica

tion thirLv (30) days after it files such application. Afterthe source makes the change allowed bythe preceding sentence, and until the Control Officer takes any of the actions specified in paragraphs (a)(5)(A) through (a)(5)(D) of Section 12.5.2.14, the source must complywith both the applicable requirements øromuI~ated

by EPA governing the chanae and the proposed permitterms and conditions. During thistime period, the source need not com~Iv

with the existing permit terms and conditions it seeks to modify. However, if the source failsto complywith 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. 

### ~fl Permit Shield. A permit shield shall not extend to minor permit revisions. 

### 1k). Group Processing of Minor Permit Revisions. Consistent with this paragraph, the Control Officer may modify the procedure outlined in paragraph (a) of Section 12.5.2.14 to process groups ofa source’s applicationsforcertain modifications eligible for minor permit revision Processing. 

### in Criteria. Group processing of modifications may be used only forthose permit revisions: j~).That are minor permit revisions: and 

### If). That collectively are below the following threshold levels: ten (10) percent of the emissions allowed by the permit for the emissions unit for which the change is requested, twenty (20) percent ofthe applicable definition of major stationary source in Sections 12.2, 12.3, and 12.5, or five (5) tpy, whichever is less. 

### 12). Application. An application requesting the use of group processing procedures shall include the following: /~

_____// 

# 7j~).A description of the change, the emissions resulting from (~ the change, and any new applicable requirements that will apply if the chance occurs: 

### If). The source’s su9g~sted draft permit revision language 

### IQ). Certification by a responsible officialthat the proposed revision meets the criteria for use of group processing procedures, anda request that such procedures be used: 

### ~Q). A list of the source’s other pending applications awaiting group processim~jrnd

a determination ofwhetherthe requested revisio~gqregated with these other applica

tions, equals or exceeds the threshold set under paragraph (b)(1)(B) ofSection 12.5.2.14 

### Li.). Certification th~Uije

source has notified EPA ofthe proposed revision. Such notification need only contain a brief description of the requested revision; and 

### If). Completed fomr~s

forthe Control Officerto use to notify EPA and affectedstates of the revisions for which group processing is s~ghL 

### ~). EPAand Affected State Notification. On a quarterly basis or within five (5) business days of receipt of an application demon

strating thatthe aqgrqg~j.e

of a source’s pending applications equals or exceeds the threshold level set under paragraph (b)(1)(B) of Section 12.5.2.14, whichever is earlier, the Control Officer shall notify EPA and affected states ofthe reguested permit revisions. 

### f4). Timetable for Issuance. The provisions of paragraph (a)(5) of Section 12.5.2.14 shall applyto modifications eligible for group processing, except thatthe Control Officer shalltake one of the specified actions withj~..gne

hundred eighty (180) days of receipt of the application orfifteen (15) days afterthe end of EPA’s 45

- day review period under paragraph (cI of Section 12.5.2.18, whichever is later. 

### If). Source’s Ability to Make a Change. The provisions of paragraph (a)(6) ofSection 12.5.2.14 shall apply to modifications eligible for group processinci. 

### If). Permit Shield. Revisions eligible forgroup processing shall not be entitled tothe permit shield. (__

—I

12.5-31

### Ic). Significant Permit Revision Procedures. 

### in Criteria. Significant permit revision procedures shall be used for applications requesting permit modifications that do not qualify as minor permit revisions or as administrative permit revisions, including the creation of a PAL pursuant to Section 12.2.19. At a minimum, every significant change in existing monitoring permit terms or conditions, and every relaxation of reporting or record

keeping permit terms or conditions, shall be considered signifi

cant. Nothing herein shall be construed to preclude the permit

tee from making chanaes consistent withthis part thatwould renderexisting permit compliance terms and conditions irrele

vant. 

### 12). Significant permit revisions shall meet all requirements for issu

ance and renewal of a Part70 Operating Permit under Sections 12.5.2.10 and 12.5.2.11, including those for applications, public participation, review by affectedstates, and review by EPA, as they applyto permit issuance and permit renewal. The Control Officer shall complete reviewon the majority of significant permit revisionswithin nine (9) months after receipt of a complete application

. 12.5.2.15 Permit Revision: Reopening for Cause 

### ~). Each Part 70 Operating Permit shall include provisions specifying the conditions underwhich the permit will be reopened priorto the expiration ofthe permit. A permitshall be reopened and revised under any of the following circumstances: 

### Li). New applicable requirements become applicable to a Part 70 source that is a major stationary source under Section 12.2, Section 12.3, or 40 CFR 70.3(a)(1 I with a remaining permitterm of three (31 or more years. Such a reopening shall be completed not laterthan eighteen (18) months after promulgation of the applicable requirement. No such reopening is required if the ef

fective_date ofthe requirement is later than the date on which the permit is due to expire unless the original permit or its terms and conditions has been extended pursuant to paragraph (c) of Section 12.5.2.11 

### I?). Additional requirements (including excess emissions require

ments) become applicable to an affected source underthe Acid Rain Program. Upon approval bythe Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit: 

# /7

### ~,).The Control Officer or EPA determines thatthe permit contains a material mistake orthat inaccurate statements were made in establishing the emissions standards or otherterms or condi

tions of the permit; or 

### 14). The Administrator or the Control Officer determines that the permit must be revised orrevoked toassure compliance with the applicable requirements. 

### 1k). PAL conditions are to be revised under Section 12.3.9.8 or paragraph (b) of Section 12.2.19.8 

### ~). Proceedingsto reopen and issue a permit shall follow the same procedures as applyto initial permit issuance, and shall affect only those parts ofthe permit forwhich cause to reopen exists. Such reopening shall be made as expeditio~y as practicable. 

### ~). Reopenings under paraqra~j’a)(1) ofSection 12.5.2.15 shall not be initiated before a notice of such intent is provided to the source by the Control Officer at leastthirty (30) days in advance of the date that the permit is to be reopened, except that the Control Officer may provide a shorter time period in the case of an emergency

. 12.5.2.16 Permit Revision: Reopenings forCause by EPA 

### ~). The Control Officer shall, within ninety (901 days after receipt of notification that EPA finds that cause exists toterminate, revise, or revoke and reissue a permit, forward to EPA a proposed determination oftermination, revision, or revocation and reissuance, as appropriate

. The Control Officer may reg~st a 90-dayextension if a new or revised permitapplication is necessary or if the Control Officer deter

mines that the permittee must submit additional information. 

### 1k). The Administratorwill review the proposed determination from the permitting authority within nine~ (90) days of receipt. j~). The Control Officer shall have ninety (90) days from receipt of an EPA objection to resolve the objection and to terminate, revise, or revoke and reissue the permit in accordance with the Administrator’s objection. .(ç~). Ifthe Control Officerfailsto submit a proposed determination pursuant to paragraph (a) of Section 12.5.2.16, or fails to resolve the Ad

ministrator’s objection pursuantto_paragraph (b) of Section 12.5.2.16, the Administratorwill terminate, modify, or revoke and reissue the permitaftertakin.gj!~e following actions:

12.5-33

### in Providing at leastthirty (30) days’ notice tothe permittee in writ

ing ofthe reasonsforany such action. This notice may be given during the procedures in paragraphs (a) through (c) of Section 12.5.2.16; and 

### 12). Providing the permittee an opportunity forcomment on the Ad

ministrator’s proposed action and an opportunity for a hearing

. 12.5.2.17 Public Participation The Control Officer shall provide for public notice, comment, and an opportunity for a hearing on initial permit issuance, significant revisions, reopenings forcause, and renewals in accordancewith the following procedures. 

### 1~). Notice shall be given by publication in a newspaper ofgeneral circu

lation in the area where the source is located; to persons on a mailing list developed by the Control Officer, including those who request in writing to be on the list; and byother means if necessaryto assure adequate notice to the affected public. 

### 1k). The notice shall identify the Part70 source; the name and addressof the permittee; the activityor activities involved in the permit action; the emissions change involved in any permit revision; the name, ad

dress, and telephone number ofa person from whom interested persons mayobtain additional information, including copies of the permit draft, the application, all relevant supporting materials (including any compliance plan or compliance and monitoring certifications), and all other materials available tothe Control Officerthat are relevant tothe permit decision: a brief description of the comment procedures: and the time and place ofany hearing that may be held, including a statement of procedures to request a hearing, unless a hearing has already been scheduled. 

### Ic). The Control Officer shall provide such notice and opportunityfor participation by affected states as provided for by Section 12.5.2.18. 

### f~ç~). Timing. The Control Officer shall provide at least thirty (30) days for public comment and shall give notice of any public hearing at least thirty (30) days in advance ofthe hearing. 

### 1~). The Control Officer shall keep a record of the commenters and also of the issues raised during the public participation process, and such records shall be available tothe public and to EPA.



### /12.5.2.18 Permit Review by EPA and Affected States j~). Transmission of InformationJQJEPA. 

### 1J.). The Control Officer shall provide to EPA a copy ofeach permit application, including any applicationfor permit revision, each proposed permit, and each final operating permit, unlessthe Administratorhas waived this requirementfor a category of sources, including any class, type, or size within such category~ The applicant may be ~gpiredby the Control Officerto provide a copy ofthe permit application, including the compliance plans directlyto EPA. Upon ~g,~ement with EPA. the Control Officer may submit to EPA a permit application summary form and any relevant portion ofthe permitapplication and compliance plan,, in place ofthe complet~permit application and compliance plan

. To the extent practicable, the preceding information shall be provided in a computer-readable format compatible with EPA’s national database management system. 

### 12). The Control Officer shall keep for five (5) years such records and submit to EPA such information as EPA may reasonably requireto ascertain whetherthe Operating Permit Program complies with the requirements of the Act orof 40 CFR Part 70. 

### 1k). Review by Affected State!

~- ~ 

### in The Control Officer sh,~jLgive notice of each draft permitto any affected state on or before the time thatthe Control Officer provides this notice to the public under paragraph (a) of Section 12.5.2.17, except to the extent that paragraphs (a) or (b) of Sec

tion 12.5.2.14 requires the timing of the notice to be different. 

### 12). The Control Officer, as part of the submittal of the proposed permit to EPA, or as soon as possible afterthe submittal for mi

nor permit revision ap.~ation, shall notify EPA and any af

fected state in writing ofany refusal bythe Control Officerto accept all recommendationsforthe proposed permit that the affected state submitted during the public oraffected state review period. The notice shall include the Control Officer’s reasonsfor not accepting any such recommendation. The Control Officer is not required to accept recommendations that are not based on applicable requirements orthe provisions of Section 12.5.2. 

### Ic). EPA Obiection 

### in If EPA obiects to the issuance of a permitin writing within forty five (45) days of receipt ofthe proposed permit and all neces12.5-35sary supporting information, then the Control Officer shall not is

suethe permit. 

### 12). Failure ofthe Control Officertodo any ofthe following shall constitute grounds foran objection by EPA: 

### ~). Complywith paragraph (a) or (b) of Section 12.5.2.18 

### If). Submit any information necessary toadequately review the proposed permit; or 

### ,(Q). Process the permit underthe procedures in Section 12.5.2.17. 

### 1~). Ifthe Control Officerfails, within ninety (90) days afterthe date of an objection by EPA, to revise and submit a proposed permit in response to the objection, EPA may issue or deny the permit in accordance with the requirements ofthe federal program promulgated under 40 CFR Part 71. 

### ~). Public Petitions to EPA. If EPA does not object in writing under paragraph (c) of Section 12.5.2.18, any person may petition EPA. underthe provisions of 40 CFR 70.8(d) within sixty (60) days afterthe expiration of EPA’s 45-day review period to make such objection. If EPA objects to the permit as a result of a petition, the Control Officer shall not issue the permit until EPA’s objection has been resolved, except that a petition for review does not stay the effectiveness ofa permit or its requirements if the permitwas issued after the end of the 45-day review period and priorto an EPA obiection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in Section 12.5.2.17, unlessthe petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds forsuch objection arose after such period. It the Control Officer has issued a permit priorto receipt ofan EPA ob

jection under this paragraph, EPA may modify, terminate, or revoke such permitconsistent with the procedures in 40 CFR 70.7(g), except in unusual circumstances, and the Control Officer may thereafter is

sue only a revised permit that satisfies EPA’s objection. In any case, the source will not be in violation ofthe requirementto have submit

ted a timely and complete application. 

### ~). Prohibition on Default Issuance. The Control Officer shall not issue an operating permit, including a permit renewal or revision, until af

fected states and EPA have had an opportunityto review the proposed permit as required underSection 12.5.2.18.12.5.2.19 Temporary Sources



### ~). The Control Officer may issue a single permit authorizing emissions from similar operations bythe same source owneror operatorat multiple temporary locations. The operation must be temporary and in

volve at least one (11 chanq~gf location during the term ofthe permit. No acid rain source or a source subject tothe provisions of Section 112 of the Act shall be permitted as a temporary source

. Permits fortemporary sources shall include the following: 

### in Conditions that will assure compliance with all applicable requirements at all authorized locations 

### 12). Requirements thatthe owner or operator notify the Control Offi

cerat least ten (10) d~y~Jn

advance ofeach change in location: and 

### 1~). Conditions that assure compliance with all otherprovisions of Section 12

. 12.5.2.20 Part 70 General Permit

j~). The Control Officer may, after notice and opportunity for public participation provided under4OCFR Part 70.7(h), issue a Part70 general permit covering numei~ similar Part 70 sources. 

### 1k). Any general permit shall comply with all requirements applicable to other Part70 Operating Perm s and shall identify criteria by which sources may qualifyfor thq.~g~neral permit. To sources that qualify, the Control Officer shall giant the conditions and terms of the general permit. Notwithstanding the shield provisions of Section 12.5.2.9, the source shall be subject to enforcementaction foroperation without a Part70 Operating Permit if the source is later determined notto qualify forthe conditions and terms of the general permit. General permitsshall not be authorize~,jgr affected sources under the Acid Rain Program unless otherwise~gvided in regulations under Title IV of the Act. 

### Ic). Part 70 sources that woukLg~alify for a general permit must apply to the Control Officerfor cove~~ge under the terms of the general permit, or must apply for an individual Part 70 Operating Permit. The Control Officer may, in the~..g~neral permit, providefor applications which deviate from the reciukements of Section 12.5.2.3, provided that such applications meet the requirements of Section 12.5.2.20 and include all information necessaryto determine qualification of

. and toassure compliance with, the general permit. Without repeating ~ the public participation procedures required under Section 12.5.2.17k 

## ( the Control Officer may grant a source’s requestforauthorization to

12.5-37operate under ageneral permit, but such a grant shall not be a final permitaction for purposes of judicial review. ,(çj). If the Administratordoes not obiect within forty-five (45) days after receiving a proposed Part 70 general permit which covers stationary Sources thatwould otherwise be required to apply for individual Part 70 Operating Permits, the general permit becomeseffective at the end of the 45-day period. If the Administrator objects tothe general permit, the Part70 general permit becomes effective only when the objection is resolved. 

### ~). After the effective date of a Part 70 general permit, the owneror operator of anystationarysource that meets the criteria set forth inthe Part 70 general permit may request authority tooperate underthe Part 70 general permit. The request must be in writing and must in

clude all information required bythe Part 70 ~eneral permit.

/

.4 

## /EXhIBIT 5

25.1 Operation of any plant or equipment which causes EMISSIONS of air contaminants in excess of limits set by these Regulations is in violation of these Regulations unless: 25.1.1 Such EMISSIONS resulted from a Malfunction. In determining whetheror not

a Malfunction has occurrod, the CONTROL OFFICER, HEARINC OFFICER, or HEARINC BOARD may utilizo the following guidelines: The burden of proof shall bo upon the OPERATOR. 1) The air pollution control oguipmont, process equipment, or proceceoe involved in the incident, woro at all timoc maintained and operated in a manner reasonably consistent with good practice for minimizing omiccionc; 2) Repairs were made in an expeditious fashion when tho OPERATOR know orshould have known that applicablO emission limitations were being oxcoedod. The OPERATOR must have employed his boct efforts to use off-shift labor and overtime to ineuro that such ropairc were mado asexpoditiouclyas possible; 3) The amount and duration oftho excess EMICCIONCwere minimized in a manner reasonably coneictont with good practico during periods of such emissions; 4) Tho excess EMISSIONS wore not part of an historical pattern indicative of inadoquato design; 5) No additional course of action othor than that actually takon could roasonably have been implemented bytho OPERATOR. 25.1.2.1 Exceptions: 25.1 .2.2 For those chemical processes specified in Subsection 26.1.2.7 a

malfunction under these rogulationc shall not provide a defence for any EMISSION in excess of the limitestablished for Subsection 26.1.2.7 (4).

~- Amended 07/01/04 CCAirQualityRegulations 

### SECTION 25- UPSET/BREAKDOWN. MALFUNCTIONS

25-125.1.3 If the EMISSIONS resulted from an-UPSET/BREAKDOWN the OPERATOR shall provide to the CONTROL OmcEn-a-wntten explanation of the cause of the UPSET/BREAKDOWN. If the OrEa~roFI demonstratesto the satisfaction of the CoNTRoL OFFICER that the EMI66I~NE were the result of a Malfunction, then no further action shall be taken ~y-1the CONTROL OFFICER. If the CoNTROL OFFICER is not satisfied that the—EMISsIoN resulted from a Malfunction, he may issue acitation tothe OPERMOR to appearbeforetho HEARING OFFICER or HEARING BOARD or he may requice corrective action

. 25.1.1 UPsET/BREAKDOWN, Scheduled Maintenance, or Malfunction under these

Regulations shall not provide a defense for any release of excess air contaminants (1) which causes or significantly contributes to a violation of any air quality standard listed in Section 11 of these regulations, or (2) which causes or significaritly.contributoe to (a) an intense cloud equivalentto a visual range less than five (5) miles as meaewred~by an integrating nepholometer or equivalent instrument~-oc (b) a discernible plume-emanating from the stationary source and extending horizontally at or near ground level beyond the (~~ property line ofthe-stationary source to a publicly accessible area 25.1.1.1 In the event that the release of excess air contaminants is associated with

an intense cloud, the CONTROL-QVFIGER shall demonstrate with available data thatthe release itselfcaused-orsignificantly contributed to the intensity of the cloud

. 26.2 Reporting and Consultation: 25.2.1 UPSET/BREAKDOWNS or EMERGENCIES, as defined in Section 0 shall be

reported to the CONTROL Omosi~-within one (1) hour of the onset of the UPSET/BREAKDOWN

. 25.2.2 Tho OPERATOR shall consult with the CoNTRoL OFFICER to devise actions

ck’ninnod to minimize the impact-el-excess EMISSIONS.

History: Amended: March 27, 1980; September3, 1981; April 21, 1983; July 8, 1985; November 18, 1993; December

19, 1996; April 9, 2001; June 3, 2003; July 1, 2004.

‘mended 07/01/04 25-2 \AirQuality RegulationsSECTION 25: AFFIRMATIVE DEFENSE FOR EXCESS EMISSIONS DUE TO MALFUNCTIONS, STARTUP. AND SHUTDOWN

25.1 Applicability 1 25.2 Affirmative Defense for Malfunctions 1 25.3 Affirmative Defense for Startup and Shutdown 2 25.4 Affirmative Defense for Malfunctions During Scheduled Maintenance 3 25.5 Demonstration of Reasonable and Practicable Measures 3 25.6 Reporting of Excess Emissions 3

J

/25.1 Applicability

25.1.1 Section 25 establishes affirmative defenses for certain emissions in excess

of an emission standard or limitation and applies toall emission standards or limitations except forthe followin.g..~andards or limitations:

~ Promulgated pursuant to Sections 111 or 112 of the Act

~ Promulgated pursuantto Tifles IV orVI ofthe Act:

~ Contained in any Prevention of Significant Deterioration Authority to Construct Permit or Nonattainment Area New Source Review (NSA) Authority to Construct Permit issued directly by EPA: or

~ Included in an Authorityto Construct Permit in orderto satisfy the requirements of Section 12.:2.10

. 25.2 Affirmative Defense for Malfunctions 25.2.1 Emissions in excess of an applicable emission limitation due to a

malfunction shall constitute a violation. The owner or operator ofa source with emissions in excess of an applicable emission limitation due to malfunction has an affirmative defense to a civil or administrative enforcement proceeding based on thatviolation, otherthan a iudicial action seeking iniunctive relief, if the owner or operator of the source has complied ‘~j with the reporting requirements of Section 25.6 and has demonstrated all of the following:

~ The excess emissions resuited from a sudden and unavoidable breakdown of process equipment orair pollution control equipment beyond the reasonable control of the operator:

~ The air pollution control eqq~p~ent, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions

~ If repairs were required, thEL~pairs were made in an expeditious fashion when the applicable emission limitations were being exceeded. Off-shift labor and overtime were utilized where practicable to ensure thatthe repairs were made as expeditiously as possible. If off-shift labor and overtime were not utilized, the owner or operator satisfactorily demq~rated thatthe measures were impracticable:

~ The amount and duration of the excess emissions (including any bypass operation) were mirurnized tothe maximum extent practicable during periods of such emissio~

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### f~ All reasonable steps were taken to minimize the impact ofthe excess emissions on ambient airquality; The excess emissions were not part ofa recurring pattern indicative of inadequate design, operation, or maintenance: 

### 1g~ During the period of excess emissions there were no exceedancesof the relevant ambient air quality standards established in Section 11 that could be attributed to the emitting source: 

### Q~ The excess emissions did not stem from any activity or event that could have been foreseen and avoided, or planned, and could not have been avoided by betteroperations and maintenance practices: 

### Q1 All emissions monitoring systems were kept in operation if at all practicable: and 

### ifi The owneror operator’s actions in response to the excess emissions were documented by contemporaneous records

. 25.3 Affirmative Defensefor Startup and Shutdown 25.3.1 Except as provided in Section 25.3.2; and unless otherwise provided for in

the applicable requirement, emissions in excess of an applicable emission limitation due to startup and shutdown shall constitute a violation. The owneror operator of a source with emissions in excess of an applicable emission limitation due tostartup and shutdown has an affirmative defense to a civil oradministrative enforcement proceeding based on thatviolation, otherthan a iudicial action seeking iniunctive relief, if the owner or operator ofthe source has complied with the reporting requirements of Section 25.6 and has demonstrated all of the following:

~ The excess emissions could not have been prevented through careful and prudent planning and design:

~ Ifthe excess emissions were the result ofa bypass of control equipment, the bypass was unavoidable to prevent loss of life, personal iniury, or severe damage to airpollution control equipment, production equipment, orother property:

~ The source’s air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistentwith good practice for minimizing emissions:

~ The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions:

____//All reasonable steps were taken to minimize the impact ofthe excess emissions on ambient airgu~!j~y.j 

### ifi During the period ofexcess emissions there were no exceedances of the relevant ambient air guajjj~standards established in Section 11 that could be attributed to the emittinq source



### ~ All emissions monitoring systems were kept in operation if at all practicable: and

~ The owner or operator’s actions in response tothe excess emissions were documented by conteI~~poraneous records

. 25.3.2 If excess emissions occur due to a malfunction during routine startup and

shutdown, then those instances shall be treated asother malfunctions subject to Section 25.2

. 25.4 Affirmative Defensefor Malfunctions During Scheduled Maintenance If excess emissions occur due to a malfunction during scheduled maintenance

. then those instances will be treated as other malfunctions subjectto Section 25.2

. 25.5 Demonstration of Reasonable and Practicable Measures 

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For an affirmative defense under Section 25, the owner or operator ofthe source shall demonstrate. through submission ofthe data and information required by Section 25.6. that all reasonable and practicable measures within the owner or operator’s control were implemented to~vent the occurrence of the excess emissions

. 25.6 Reporting of Excess Emissions 25.6.1 The owner or operator of any source required to obtain a permit under

Section 12 shall report tothe Con~[ Officer emissions in excess ofan applicable requirement orthe emisskn limits prescribed by the permit. The report shall be in two (2) parts: 

### f~ Notification by telephone, Iacsimile or electronic mail within twenty

four (24) hours of the time the owner or operatorfirst learns of the excess emissions

~ Written notification by submission of an excess emission report containing the information j~uired by Section 25.6.3 within seventy

two (72) hours of the notification required byparagraph (a) above~ 

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25~325.6.2 The owner or operator of any source required to obtain a permit under Section 12 shall report to the Control Officer emissions that are in excess of an applicable requirement or emission limit that pose a potential imminent and substantial danger to public health, safety orthe environment as soon as possible, but in no case later than twelve (12) hours afterthe deviation is discovered, with awritten report submitted within two (2) days of the occurrence

. 25.6.3 An excess emission report shall contain the following information:

~ The identity of each stack orotheremission point where the excess emissions occurred 

### f.~ The magnitude ofthe excess emissions expressed in the units ofthe applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions

~ The time and duration orexpected duration of the excess emissions:

~ The identity ofthe equipmentfrom which the excess emissions emanated:

~ The nature and cause of the emissions: 

### .~fl The steps taken if the excess emissions were the result of a malfunction, to remedy the malfunction and the stepstaken or planned to prevent the recurrenceofthe malfunctions:

~ The steps thatwere or are being taken to limit the excess emissions and 

### ~Jfl If the source’s permit contains procedures governing source operation during periods of startupor malfunction and the excess emissions resulted from startupor malfunction, a list of the steps taken to comply with the permit procedures

. 25.6.4 In the case ofcontinuous or recurring excess emissions, the notification

requirements of Sections25.6.1 and 25.6.2 shall be satisfied if the source provides the required notification after excess emissions are first detected and includes in the notification an estimate of the time the excess emissions will continue. Excess emissions occurring afterthe estimated time period or changes in the nature of the emissions as originally reported shall require additional notification pursuantto Sections 25.6.1 and 25.6.2.