1 

### United States Environmental Pr otection Agency
Region 10 Office of Air Quality

1200 Sixth Avenue Seattle, Washington 98101

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

Permit Number: R10T5-ID-02-01

Issue Date: October 17, 2002

Expiration Date: December 02, 2007

Effective Date: December 02, 2002

Replaces Permit No.: N/A

In accordance with the provisions of Title V of the Clean Air Act and 40 CFR part 71 and applicable rules and regulations,

Northwest Pipeline Corporation Pocatello Compressor Station

is authorized to operate air emission units and to conduct other air polluta nt emitting activities in accordance with the permit conditions listed in this permit. This source is authorized to operate in the following location:

2615 S. Gas Plant Road Pocatello, Idaho Latitude: 42N 48' 55" Longitude: 112W 42' 13"

Terms not otherwise defined in this permit have the meaning assigned to them in the referenced regulations. All terms and conditions of the permit are enforceable by EPA and citizens under

the Clean Air Act.

The permit number cited above should be refere nced in future correspondence regarding this facility.

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

CAA Clean Air Act [42 U.S.C. Section 7401 et seq.] CAM Compliance Assurance Monitoring CFR Code of Federal Regulations

CO Carbon Monoxide EIP Economic Incentives Programs EPA United States Environmental Protection Agency gal gallon gr/dscf grains per dry standard cubic foot (7,000 grains = 1 pound)

HAP Hazardous Air Pollutant

hr hour

Id. No. Identification Number kg kilogram lb pound

M one thousand MACT Maximum Achievable Control Technology Mbf thousand board feet (one “board foot ” equals lumber that is the size of 12 inches by 12 inches by one inch) Mg megagram

MM one million MMbf million board feet (one “board foot ” equals lumber that is the size of 12 inches by 12 inches by one inch)

MMBtu million British Thermal Units

mo month MSDS Material Safety Data Sheet

MVAC Motor Vehicle Air Conditioner

NESHAP National Emission Standa rds for Hazardous Air Pollutants NOx Nitrogen Oxides

NSPS New Source Performance Standard

NSR New Source Review

PM Particulate Matter

PM10 Particulate matter less than 10 microns in diameter ppm parts per million PSD Prevention of Significant Deterioration

PTE Potential to Emit psia pounds per square inch absolute RMP Risk Management Plan SNAP Significant New Alternatives Program

SO2 Sulfur Dioxide

tpy tons per year US EPA United States Environmental Protection Agency VOC Volatile Organic Compounds

2TABLE OF CONTENTS

Cover Page Abbreviations and Acronyms

I. Source Identification

II. Permit Shield

III. Requirements for Specific Units

IV. Facility-Wide Requirements

A. Chemical Accident Prevention B. Stratospheric Ozone and Climate Protection C. Asbestos Removal and Disposal

V. General Testing, Recordk eeping and Reporting Requirements A. General Testing Requirements B. General Recordkeeping Requirements C. General Reporting Requirements

D. Document Certification

VI. Compliance Requirements A. Compliance with the Permit B. Compliance Certification C. Emergency Provisions D. Compliance Schedule

VII. Payment of Fees

VIII. Annual Emissions Inventory

IX. Standard Terms and Conditions A. Duty to Provide and Supplement Information B. Severability Clause C. Property Rights D. Inspection and Entry

X. Permit Changes

A. Permit Actions

B. Administrative Permit Amendments

C. Minor Permit Modifications D. Group Processing of Minor Permit Modifications E. Significant Permit Modifications F. Reopening for Cause G. Off Permit Changes H. Emissions Trading and Operational Flexibility I. Permit Expiration and Renewal

Statement of Basis

3I. Source Identification

Parent Company name: Northwest Pipeline Corporation

Parent Company Mailing Address: 295 Chipeta Way Salt Lake City, UT 84158-0900

Plant Name: Pocatello Compressor Station

Plant Location: 2615 S. Gas Plant Road Pocatello, ID

County: Power

EPA Region: 10

Reservation: Fort Hall Reservation Tribe: Shoshone-Bannock

Company Contact: H. Lee Bauerle Phone : 801 584 6766 Environmental Specialist

Plant Manager/Contact: Barry Orgill Phone : 208 238 4100 District Manager

Responsible Official: Gordon M. Hamilton Phone : 801 584 6696 Director of Operations

Tribal Contact: Farshid Farsi Phone: 208 478 3853

SIC Code: 4922

AFS Plant Identification Number: 1600500049

Description of Process: The Pocatello Compressor Station operates remotely from Northwest Pipeline Corporation's h eadquarters located in Salt Lake City, Utah and is used to tran smit natural gas along Northwest Pipeline's natural gas transmission pipeline.

4Other Clean Air Act Permits: none

II. Permit Shield

(a) Compliance with the terms and cond itions of this permit shall be deemed compliance with the applicable requirements specifically listed in this permit as of the date of permit issuance. [40 CFR § 71.6(f)(1)(i)]

(b) The following requirements have been dete rmined not to apply to this facility as of the date of permit issuan ce for the reason specified:

(i) 40 CFR Part 60, Subpart GG - Standa rds of Performance for Stationary Gas Turbines: The Pocatello Compressor Station operates four reciprocating engines, not turbines, so is therefore not subject to this

standard.

(ii) 40 CFR Part 64 - Compliance Assurance Monitoring Rule: CAM applies to each emission unit subject to a fe derally enforceable emission limit and with a pre-control potential to emit greater than the major source threshold. However, at the time of permit issuance, there are no federally applicable emission limits for any equipment at the Pocatello Compressor Station. Therefore, this rule does not apply at this time. [40 CFR § 71.6(f)(1)(ii)] (c) Nothing in this permit shall alter or affect the following:

(i) The provisions of Section 303 of the Clean Air Act (emergency orders), including the authority of the Administrator under that section;

(ii) The liability of a permittee for any violation of applicable requirements prior to or at the time of permit issuance;

(iii) The applicable requirements of the acid rain program, consistent with section 408(a) of the Clean Air Act; or

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

Clean Air Act. [40 CFR § 71.6(f)(3)]

III. Requirements for Specific Units

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

IV. Facility

- Wide Requirements

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

IV.A. Chemical Accide nt Prevention Program

The permittee shall comply with the require ments of the Chemical Accident Prevention Provisions at 40 CFR part 68 no later than the latest of the following dates:

(a) Three years after the date on which a regulated substance, present above the threshold quantity in a process, is first listed unde r 40 CFR § 68.130; or

(b) The date on which a regulated substance is first present above a threshold quantity in a process.

[40 CFR § 68.10]

IV.B. Stratospheric Ozon e and Climate Protection

(a) The permittee shall comply with th e standards for recy cling and emissions reduction pursuant to 40 CFR part 82, s ubpart F, except as provided for motor vehicle air conditioners (MVACs) in 40 CFR part 82, subpart B:

(i) Persons opening appliances for mainte nance, service, re pair, or disposal must comply with the required practices pursuant to 40 CFR § 82.156.

(ii) Equipment used during the maintena nce, service, repair, or disposal of appliances must comply with the st andards for recycling and recovery equipment pursuant to 40 CFR § 82.158.

(iii) Persons performing maintenance, servi ce, repair, or dispos al of appliances must be certified by an approved tec hnician certification program pursuant to 40 CFR § 82.161.

(iv) Persons disposing of small appliances, MVACs, and MVAC-like appliances must comply with reco rdkeeping requirements pursuant to 40 CFR § 82.166. ("MVAC-like appliance" is defined at 40 CFR § 82.152.)

6(v) Persons owning commercial or indus trial process refrigeration equipment must comply with the leak repair requirements pursuant to 40 CFR § 82.156.

(vi) Owners/operators of appliances normally containing 50 or more pounds of refrigerant must keep records of refri gerant purchased and added to such appliances pursuant to 40 CFR § 82.166. [40 CFR part 82, subpart F]

(b) If the permittee performs a service on motor (fleet) vehicles when this service involves ozone-depleting substance refrigerant (or regulated substitute substance) in the MVAC, the permittee must comply with all the applicable requirements as specified in 40 CFR part 82, subpart B, Servicing of Motor Vehicle Air

Conditioners. [40 CFR part 82, subpart B]

IV.C. Asbestos Removal and Disposal

(a) The permittee shall comply with 40 CF R part 61, subpart M when conducting any renovation or demolition at the facility. [40 CFR part 61, subpart M]

V. General Testing, Recordkeeping, and Reporting Requirements

V.A. General Testing Requirements

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

V. B. General Recordkeeping Requirements

In addition to the specific recordkeeping re quirements contained in this permit, the permittee shall comply with the following generally applicable recordkeeping requirements:

(a) The permittee shall keep records of re quired monitoring information that include the following:

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

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

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

(iv) The analytical te chniques or methods used;

(v) The results of such analyses; and

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

measurement. [40 CFR § 71.6(a)(3)(ii)(A)]

(b) The permittee shall retain records of all required monitori ng data and support information for a period of at least 5 years from the date of the monitoring sample, measurement, report, or appli cation. Support information includes all calibration and maintenance records, all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by this permit. [40 CFR § 71.6(a)(3)(ii)(B)]

V.C. General Reporting Requirements

In addition to the specific reporting requireme nts contained in this permit, the permittee shall comply with the following generall y applicable reporting requirements:

(a) The permittee shall submit to EPA Re gion 10 reports of any required monitoring each six month reporting period from July 1 to December 31 and from January 1 to June 30, except that the first reporting period shall begin on the effective date of this permit and end on December 31. All reports shall be submitted to EPA and shall be postmarked by the 30th day follo wing the end of the reporting period.

All instances of deviations from permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official

consistent with Section V.D. [40 CF R § 71.6(a)(3)(iii)(A)]

(b) The permittee shall promptly report to EPA Region 10, by telephone or facsimile, deviations from permit conditions, including those attributable to upset conditions as defined in this permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. For the purposes of this section of the permit, prompt is defined as follows:

(i) Any definition of prompt or a specif ic timeframe for reporting deviations provided in an underlying applicable requirement as identified in this permit;

8(ii) Where the underlying applicable requirement fails to address the timeframe for reporting deviations, repor ts of deviations will be submitted based on the following schedule:

(1) For emissions of a hazardous air po llutant or a toxic air pollutant (as identified in the applicable regulation ) that continue for more than an hour in excess of permit requirements, the report must be made within 24 hours

of the occurrence.

(2) For emissions of any regulated pollutant excludi ng those listed in subparagraph (1) above, that continue for more than two hours in excess of permit requirements, the report mu st be made within 48 hours of the

occurrence.

(3) For all other deviations from pe rmit requirements, the report shall be submitted with the semi-annual monitoring report required in Section V.C.(a). [40 CF R § 71.6(a)(3)(iii)(B)]

(c) For the purposes of subparagraph (b) above, the permittee shall report deviations using the following numbers: Telephone: (206) 553-1505 Facsimile: (206) 553-0110 ATTN: Part 71 Deviation Report [40 CF R § 71.6(a)(3)(iii)(B)]

(d) Within 10 working days of the occu rrence of a deviation as provided in subparagraph (b) above, the permittee shal l also submit a written notice to EPA Region 10, certified consistent with Section V.D. of this permit, [40 CF R § 71.6(a)(3)(iii)(B)]

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

which an emissions unit fails to meet a permit term or condition. A deviation is not always a violation. A deviation can be determined by observation or through review of data obtained from any testi ng, monitoring, or record keeping required by this permit. For a situ ation lasting more than 24 hours, each 24-hour period is considered a separate deviation. Included in the meaning of deviation are any of the following:

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

2. A situation where process or emi ssions control device parameter values

indicate that an emission limitati on or standard has not been met;

93. A situation in which observations or data collected demonstrate noncompliance with an emission limitation or standard or any work practice or operating condition required by the permit;

4. A situation in which an exceedance or an excursion, as defined in 40 CFR Part 64, occurs. [40 CFR § 71.6(a)(3)(iii)(C)]

V.D Document Certification

(a) Any document required to be submitted under this permit shall be certified by a responsible official as to truth, accurac y, and completeness. Such certifications

shall state that based on information and belief formed after reasonable inquiry,

the statements and information in the docum ent are true, accurate, and complete. [40 CFR § 71.5(d), § 71. 6(c)(1) and § 71.9(h)(2)]

(b) Any documents required to be submitted under this permit, including reports, test data, monitoring data, notifications, comp liance certifications, fee calculation worksheets, and applications for renewa ls and permit modifications shall be

submitted to:

Office of Air Quality - Part 71 Permits EPA - Region 10, OAQ 107

1200 Sixth Avenue Seattle, WA 98101 [40 CFR § 71.5(d) , § 71.6(c)(1) and § 71.9(h)(2)]

VI. Compliance Requirements

VI.A. Compliance with the Permit

(a) The permittee must comply with all conditi ons of this Part 71 permit. Any permit noncompliance constitutes a violation of the Clean Air Act and is grounds for enforcement action; for permit termin ation, revocation and reissuance, or modification; or for denial of a permit renewal application. [40 CFR § 71.6(a)(6)(i)]

(b) It shall not be a defense for a perm ittee in an enforcement action that it would have been necessary to halt or reduce th e permitted activity in order to maintain compliance with the conditions of this permit. [40 CFR § 71.6(a)(6)(ii)]

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

10Section VI.B. of this permit, or establis hing whether or not a person has violated or is in violation of any requirement of this permit, nothing sh all preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in comp liance with applicable requirements if the appropriate performance or compliance test or procedure had been performed. [Section 113(a) and 113(e)(1) of the Act, 40 CFR § 51.212, § 52.12, § 52.33, § 60.11(g), and § 61.12.]

VI.B. Compliance Certification

(a) The permittee shall submit to EPA Re gion 10 a certification of compliance with permit terms and conditions, including em ission limitations, standards, or work practices, postmarked by January 30 of each year and covering the previous calendar year except that the first certi fication shall cover the period from the effective date of this permit through D ecember 31. The compliance certification shall be certified as to truth, accuracy, and completeness by a responsible official consistent with Section V.D. of this permit. [40 CFR § 71.6(c)(5)]

(b) The certification shall include the following:

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

certification.

(ii) The identification of the method(s) or other means used for determining the compliance status of each term and condition during the certification period, and whether such methods or other means provide continuous or

intermittent data. Such methods a nd other means shall include, at a minimum, the methods and means require d in this permit. If necessary, the owner or operator also shall identify any other material information

that must be included in the certification to comp ly with section 113(c)(2) of the Clean Air Act, which prohibits knowingly making a false certification or omitting material information.

(iii) The status of compliance with each term and condition of the permit for the period covered by the certifica tion, based on the method or means designated above. The certification sh all identify each deviation and take it into account in the compliance certification.

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

intermittent. [40 CFR § 71.6(c)(5)(iii) and Section 114(a)(3) of the Act]

11VI.C. Emergency Provisions

(a) In addition to any emergency or ups et provision contained in any applicable requirement, the permittee may seek to estab lish that noncompliance with a technologybased emission limitation under this permit wa s due to an emergency. To do so, the permittee shall demonstrate the affirmativ e defense of emergency through properly signed, contemporaneous operating logs, or other relevant evidence that:

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

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

(iii) during the period of the emergenc y the permittee took all reasonable steps

to minimize levels of emissions that exceeded the emissions standards, or other requirements in this permit; and

(iv) the permittee submitted notice of the emergency to EPA Region 10 within 2 working days of the time when emission limitations were exceeded due to the emergency. This notice mu st contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions

taken. This notice fulfills the requirements of Section V.C.(b) of this permit, concerning prompt notification of deviations.

(v) In any enforcement proceeding the permittee attempting to establish the occurrence of an emergenc y has the burden of proof.

(b) An “emergency” means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation,

and that causes the source to exceed a technology-based emission limitation under the permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not incl ude noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error. [40 CFR § 71.6(g)]

VI.D. Compliance Schedule

(a) For applicable requirements with which the source is in compliance, the permittee will continue to comply with such requirements.

12[40 CFR § 71.6(c )(3) and § 71.5(c) (8)(iii)(A)]

(b) For applicable requirements that will become effective during the permit term, the permittee shall meet such requirements on a timely basis. [40 CFR § 71.6(c )(3) and § 71.5(c) (8)(iii)(B)]

VII. Payment of Fees

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

outlined below. [40 CFR § 71.9(a)]

(b) No later than April 1 of each year, the permittee shall submit full payment of the annual permit fee for the preceding calendar year. [40 CFR § 71.9(h)]

(c) The fee payment shall be in United Stat es currency and shall be paid by money order, bank draft, certified check, corporate check, or electronic funds transfer payable to the order of the U.S. Environmental Protection Agency. [40 CFR § 71.9(k)(1)]

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

Mellon Bank U. S. EPA Region 10

P. O. Box 360903M Pittsburgh, PA 15251 [40 CFR § 71.9(k)(2)]

(e) The permittee shall send an updated fee calculation worksheet form and a photocopy of each fee payment check (or ot her confirmation of actual fee paid) submitted annually by April 1 of each year to the address listed in Section V.D.(b) of this permit. 1

[40 CFR § 71.9(h)(1)]

(f) Basis for calculating annual fee:

1 The permittee should note that an annual emissions report (see permit condition VIII), required at the same time as the fee calculation worksheet by 40 CFR § 71.9(h), has been incorporated into the fee calculation worksheet fo rm which is available from EPA’s website at: http://www.epa.gov/airprogm/oar/oaqps/permits/p71forms.html

13(i) The annual emissions fee shall be ca lculated by multiplying the total tons of actual emissions of all “regulated pollutants (for fee calculation)” 2
emitted from the source by the presumptive emission fee 3 (in dollars/ton)

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

(1) “Actual emissions” means the actu al rate of emissions in tpy of any regulated pollutant (for fee cal culation), as defined in 40 CFR § 71.2, emitted from a part 71 source over the preceding calendar year. Actual emissions shall be calculated using each emissions unit’s actual operating hours, produc tion rates, in-place control equipment, and types of material s processed, stored, or combusted during the preceding calendar year . [40 CFR § 71.9(c)(6)]

(2) Actual emissions shall be computed using methods required by the permit for determining compliance, such as monitoring or source testing data. [40 CFR § 71.9(h)(3)]

(3) If actual emissions cannot be determined using the compliance methods in the permit, the permittee shall use other federally recognized procedures.

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

of fees:

(1) The amount of actual emissions of each regulated pollutant (for fee calculation) that the source emits in excess of 4,000 tons per year; [40 CFR § 71.9(c)(5)(i)]

(2) Actual emissions of any regulated pollutant (for fee calculation) already included in th e fee calculation; and [40 CFR § 71.9(c)(5)(ii)]

(3) The insignificant quantities of actual emissions not required to be listed or calculated in a permit application pursuant to 40 CFR § 71.5(c)(11). [40 CFR § 71.9(c)(5)(iii)]

2 The term “regulated pollut ant (for fee calcu lation)” is defined in 40 CFR § 71.2.

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

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

year.

14(g) Fee calculation worksheets shall be certified as to truth, accuracy, and completeness by a responsible official in accordance with Section V.D. of this permit. 4

[40 CFR § 71.9(h)(2)]

(h) The permittee shall retain in accordance w ith the provisions of Section V.B.(b) of this permit, all work sheets and other ma terials used to determine fee payments. Records shall be retained for five years following the year in which the emissions

data is submitted. [40 CFR § 71.9(i)]

(i) Failure of the permittee to pay fees in a timely manner shall subject the permittee to assessment of penalties and intere st in accordance with 40 CFR § 71.9(l). [40 CFR § 71.9(l)]

(j) The permittee, when notified by EPA Region 10 of additional amounts due, shall remit full payment within 30 days of r eceipt of an invoice from EPA Region 10. [40 CFR § 71.9(j)(2)]

(k) If the permittee thinks an EPA Region 10 assessed fee is in error and wishes to challenge such fee, the permittee shall prov ide a written explanation of the alleged error to EPA Region 10 along with full payment of the EPA assessed fee. [40 CFR § 71.9(j)(3)]

VIII. Annual Emissions Inventory

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

ng calend

ar year. The

annual

emissi

ons report
shall

be

4 The permittee should note that the fee calculati on worksheet form incorporates a section that includes this requirement.

15certifie d by a

respon sible

official

and

shall

be

submit

ted

each

year to

EPA by April

1. The

annual

emissi

ons report
shall

be

submit

ted to

EPA at

the

address

listed

in

Section V.D.(b ) of

this permit.

5

[40 CFR § 71.9(h)(1) and (2)]

IX. Standard Terms and Conditions

5 The permittee should note that an annual emissi ons report, required at the same time as the fee calculation worksheet by 40 CFR § 71.9(h), ha s been incorporated in to the fee calculation

worksheet.

16IX.A Duty to Provide and Supplement Information

(a) The permittee shall furnish to EPA Region 10, within a reasonable time, any information that EPA Region 10 may reque st in writing to determine whether cause exists for modifying, revoking, and re issuing, or terminating the permit, or to determine compliance with the permit. Upon request, the permittee shall also furnish to the EPA Region 10 copies of r ecords that are required to be kept pursuant to the terms of the permit, including information claimed to be confidential. Information claimed to be confidential must be accompanied by a claim of confidentiality according to the provisions of 40 CFR part 2, subpart B. [40 CFR § 71.6(a)(6)(v), § 71.5(a)(3)]

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

incorrect information was submitted in the permit application, shall promptly submit such supplementary facts or corrected information. [40 CFR § 71.5(b)]

IX.B. Severability Clause

The provisions of this permit are severable, and in the event of any challenge to any portion of this permit, or if any portion is held invalid, the remaining permit conditions

shall remain valid and in force. [40 CFR §71.6(a)(5)] IX.C. Property Rights

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

[40 CFR §71.6(a)(6)(iv)] IX.D. Inspection and Entry

Upon presentation of credentials and other documents as may be required by law, the permittee shall allow EPA or an authorized representative to perform the following:

(a) Enter upon the permittee’s premises where a Part 71 source is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit;

(b) Have access to and copy, at reasonable ti mes, any records that must be kept under the conditions of the permit;

(c) Inspect at reasonable times any faciliti es, equipment (including monitoring and air

17pollution control equipment), practices, or operations regulated or required under the permit; and

(d) As authorized by the Clean Air Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring complia nce with the permit or applicable requirements. [40 CFR § 71.6(c)(2)]

X. Permit Changes

X.A. Permit Actions

This permit may be modified, revoked, reopened, and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of pla nned changes or anticipated noncompliance does not stay any permit condition. [40 CFR § 71.6(a)(6)(iii)]

X.B Administrative Permit Amendments

(a) The permittee may request the use of administrative permit amendment procedures for a permit revision that:

(i) Corrects typographical errors.

(ii) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change

at the source.

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

(iv) Allows for a change in ownership or operational control of a source where the EPA Region 10 determines that no other change in the permit is necessary, provided that a written agr eement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the EPA Region 10.

(v) Incorporates into the part 71 perm it the requirements from preconstruction review permits authorized under an EPA-approved program, provided that such a program meets procedural requir ements substantially equivalent to the requirements of 40 CFR § 71.7 and § 71.8 that would be applicable to the change if it were subject to review as a permit modification, and

18compliance requirements substantially e quivalent to those contained in §

71.6.

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

determined to be similar to thos e listed above in subparagraphs (i) through (v). [40 CFR § 71.7(d)]

X.C. Minor Permit Modifications

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

for those modifications that:

(i) Do not violate any applicable requirement.

(ii) Do not involve significant cha nges to existing monitoring, reporting, or recordkeeping requirements in the permit.

(iii) Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient imp acts, or a visibility or increment analysis.

(iv) Do not seek to establish or cha nge a permit term or condition for which there is no corresponding underlying a pplicable requirement and that the source has assumed to avoid an appl icable requirement to which the source would otherwise be subject. Such terms and conditions include:

(1) A federally enforceable emissions cap assumed to avoid

classification as a modification under any provision of title I; and

(2) An alternative emission limit a pproved pursuant to regulations promulgated under section 112(i) (5) of the Clean Air Act.

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

(vi) Are not required to be pro cessed as a significant modification. [40 CFR § 71.7(e)(1)(i)(A)]

(b) Notwithstanding the list of changes in eligible for minor permit modification procedures in paragraph (a ) above, minor permit modifi cation procedures may be used for permit modifications involvi ng the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent

19that such minor permit modification proce dures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by

EPA. [40 CFR § 71.7(e)(1)(i)(B)]

(c) An application requesting the use of minor permit modification procedures shall meet the requirements of 40 CFR § 7 1.5(c) and shall include the following: (i) A description of the change, the em issions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(ii) The source's suggested draft permit;

(iii) Certification by a responsible offi cial, consistent with 40 CFR § 71.5(d), that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and

(iv) Completed forms for EPA Region 10 to use to notify affected States as required under 40 CFR § 71.8. [40 CFR § 71.7(e)(1)(ii)]

(d) The source may make the change pr oposed in its minor permit modification application immediately after it files such application. After the source makes the change allowed by the preceding sentence, and until EPA Region 10 takes any of the actions authorized by 40 CFR § 71.7(e )(1)(iv)(A) through (C), the source must comply with both the applicable requ irements governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit term s and conditions it seeks to modify. However, if the source fails to comp ly with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it. [40 CFR § 71.7(e)(1)(v)]

(e) The permit shield under 40 CFR § 7 1.6(f) does not extend to minor permit modifications. [ 40 CFR § 71.7(e)(1)(vi)].

X.D. Group Processing of Minor Permit Modifications

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

(i) That meet the criteria for minor permit modification procedures under paragraphs IX.C.(a) of this permit; and

20(ii) That collectively are below the threshold level of 10 percent of the emissions allowed by the permit for the emissions unit for which the change is requested, 20 percent of the applicable definition of major source in 40 CFR § 71.2, or 5 tons per year, whichever is least. [40 CFR § 71.7(e)(2)(i)]

(b) An application requesting the use of group processing proc edures shall be submitted to EPA Region 10, shall meet the requirements of 40 CFR § 71.5(c), and shall include the following:

(i) A description of the change, the em issions resulting from the change, and any new applicable requirements that will apply if the change occurs.

(ii) The source's suggested draft permit.

(iii) Certification by a responsible offi cial, consistent with §71.5(d), that the proposed modification meets the crit eria for use of group processing procedures and a request that such procedures be used.

(iv) A list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applicat ions, equals or exceeds the threshold set under subparagraph (a)(ii) above.

(vi) Completed forms for the permitting authority to use to notify affected States as required under 40 CFR § 71.8. [40 CFR § 71.7(e)(2)(ii)]

(c) The source may make the change pr oposed in its minor permit modification application immediately after it files such application. After the source makes the change allowed by the preceding sentence, and until the permitting authority takes any of the actions authorized by 40 CFR § 71.7(e)(1)(iv)(A ) through (C), the source must comply with both the appli cable requirements governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit terms and condi tions it seeks to modify. However, if the source fails to comp ly with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it. [40 CFR § 71.7(e)(2)(v)]

(d) The permit shield under 40 CFR § 71.6( f) does not extend to group processing of minor permit modifications. [40 CFR § 71.7(e)(1)(vi)].

21X.E. Significant Permit Modifications

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

for those modifications that:

(i) Do not qualify as minor permit modifications or as administrative

amendments. (ii) Are significant changes in existi ng monitoring permit terms or conditions.

(iii) Are relaxations of reporting or recordkeeping permit terms or conditions. [40 CFR § 71.7(e)(3)(i)]

(b) Nothing herein shall be construed to preclude the permittee from making changes consistent with part 71 that would re nder existing permit compliance terms and

conditions irrelevant. [40 CFR § 71.7(e)(3)(i)]

(c) The permittee must submit an applica tion for a significant permit modification using standard application forms provided by EPA Region 10. 6

[40 CFR § 71.5(c)]

(d) For the application to be determined complete, the permittee must supply all information that is required by the st andard application form, but only that

information that is relate d to the proposed change. [40 CFR § 71.7(e)(3)]

X.F. Reopening for Cause

(a) The permit may be reopened by EPA Re gion 10 and the permit revised prior to expiration under any of the following circumstances:

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

(ii) Additional requirements (incl uding excess emissions requirements) become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.

6 Note to permittee: Use the same forms used for initial s ource application.

22(iii) EPA Region 10 determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions

standards or other terms or conditions of the permit.

(iv) EPA Region 10 determines that the permit must be revised or revoked to assure compliance with the applicable requirements. [40 CFR § 71.7(f)]

X.G. Off Permit Changes

The permittee is allowed to make certain ch anges without a permit revision, provided that the following requirements are met:

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

(b) Each change shall meet all applicab le requirements and shall not violate any existing permit term or condition.

(c) Changes under this provision may not in clude changes subject to any requirement of 40 CFR parts 72 through 78 or modificati ons under any provision of Title I of

the Clean Air Act.

(d) The permittee must provide contemporan eous written notice to EPA Region 10 of each change, except for changes that qua lify as insignificant activities under 40 CFR § 71.5(c)(11). The written notice must describe each change , the date of the change, any change in emissions, po llutants emitted, and any applicable requirements that would apply as a result of the change.

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

(f) The permittee must keep a record desc ribing all changes that result in emissions of any regulated air pollutant subject to any applicable requirement not otherwise regulated under this permit, and the emissions resulting from those changes. [40 CFR §71.6(a)(12)]

X.H. Emissions Trading and Operational Flexibility

(a) The permittee is allowed to make a limited class of changes under Section 502(b)(10) of the Clean Air Act within this permitted facility that contravene the specific terms of this permit without a pplying for a permit revision, provided the changes do not exceed the emissions allowable under this permit (whether

23expressed therein as a rate of emissions or in terms of total emissions) and are not Title I modifications. This class of changes does not include:

(i) Changes that would viol ate applicable requirements; or

(ii) Changes that would contravene federally enforceable permit terms and conditions that are monitoring (inclu ding test methods), recordkeeping, reporting, or compliance certification requirements. [40 CFR § 71.6(a)(13)(i)]

(b) The permittee is required to send a noti ce to EPA Region 10 at least 7 days in advance of any change made under this pr ovision. The notice must describe the change, when it will occur and any change in emissions, and identify any permit terms or conditions made inapplicable as a result of the change. The permittee

shall attach each notice to its copy this permit. [40 CF R § 71.6(a)(13)(i)(A)]

(c) Any permit shield provided under 40 CF R § 71.6(f) does not apply to changes made under this provision. [40 CF R § 71.6(a)(13)(i)(B)]

X.I. Permit Expiration and Renewal

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

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

(ii) the source is issued a part 70 or part 71 permit by the Shoshone-Bannock Tribes under an EPA Region 10 approved or delegated permit program. [40 CFR §71.6(a) (11)]

(b) Expiration of this permit terminates the permittee’s right to operate unless a timely and complete permit renewal application has been submitted at least six months, but not more than 18 months, prio r to the date of expiration of this permit. [40 CFR §71.5(a)(1)(iii)]

(c) If the permittee submits a timely and complete permit application for renewal, consistent with 40 CFR § 71.5(a)(2), but EPA Region 10 has failed to issue or deny the renewal permit, then all the term s and conditions of the permit, including any permit shield granted pursuant to 40 CF R § 71.6(f) shall remain in effect until the renewal permit has been issued or deni ed. This permit shield shall cease to apply if, subsequent to the completene ss determination, the permittee fails to submit any additional information identified as being needed to process the

24application by the deadline specif ied in writing by EPA Region 10. [40 CFR §71.7(c)(3), §71.7(b)]

(d) Renewal of this permit is subject to th e same procedural requirements that apply to initial permit issuance, in cluding those for public part icipation, affected State,

and tribal review. [40 CFR §71.7(c)(1)]

(f) The application to EPA Region 10 for renewal shall include the current permit number, a description of permit revisions and off-permit changes that occurred during the permit term and were not in corporated into the permit during the permit term, any applicable requirements that were promulgated and not incorporated into the permit during th e permit term, and other information required by the application form. [40 CFR §71.5(a)(2) and §71.5(c)(5)]

25