1 

United States Environmental Protection Agency 

Region 10 

Office of Air Quality 

1200 Sixth Avenue 

Seattle, Washington 98101

AIR POLLUTION CONTROL 

TITLE V PERMIT TO OPERATE

Permit Number: R10T5-ID-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 pollutant 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 referenced 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 Standards for Hazardous Air Pollutants 

 NOx Nitrogen Oxides 

 NSPS New Source Performance Standard 

 NSR New Source Review 

 PM Particulate Matter 

 PM10 Particulate matter less than 10 microns in diameter 

 ppm parts per million 

 PSD Prevention of Significant Deterioration 

 PTE Potential to Emit 

 psia pounds per square inch absolute 

 RMP Risk Management Plan 

 SNAP Significant New Alternatives Program 

 SO2 Sulfur Dioxide 

tpy tons per year 

 US EPA United States Environmental Protection Agency 

 VOC Volatile Organic Compounds 

2 
TABLE 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, Recordkeeping and Reporting Requirements 

A. General Testing Requirements 

 B. General Recordkeeping Requirements 

 C. General Reporting Requirements 

 D. Document Certification 

VI. Compliance Requirements

 A. Compliance with the Permit 

 B. Compliance Certification 

 C. Emergency Provisions 

 D. Compliance Schedule 

VII. Payment of Fees

VIII. Annual Emissions Inventory

IX. Standard Terms and Conditions 

 A. Duty to Provide and Supplement Information 

 B. Severability Clause 

C. Property Rights 

D. Inspection and Entry 

X. Permit Changes 

A. Permit Actions 

 B. Administrative Permit Amendments 

 C. Minor Permit 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

3 
I. 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 headquarters located in Salt Lake 

City, Utah and is used to transmit natural gas along Northwest 

Pipeline's natural gas transmission pipeline. 

4 
Other Clean Air Act Permits: none 

II. Permit Shield

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

compliance with the applicable requirements specifically listed in this permit as of 

the date of permit issuance. 

 [40 CFR § 71.6(f)(1)(i)] 

 (b) The following requirements have been determined not to apply to this facility as 

of the date of permit issuance for the reason specified: 

(i) 40 CFR Part 60, Subpart GG - Standards 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 federally 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 obtain 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 permit apply to the facility as a whole. 

IV.A. Chemical Accident Prevention Program 

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

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

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

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

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

in a process. 

 

 

 [40 

CFR § 68.10] 

IV.B. Stratospheric Ozone and Climate Protection 

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

reduction pursuant to 40 CFR part 82, subpart F, except as provided for motor 

vehicle air conditioners (MVACs) in 40 CFR part 82, subpart B: 

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

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

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

appliances must comply with the standards for recycling and recovery 

equipment pursuant to 40 CFR § 82.158. 

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

must be certified by an approved technician certification program pursuant 

to 40 CFR § 82.161. 

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

appliances must comply with recordkeeping requirements pursuant to 40 

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

6 
(v) Persons owning commercial or industrial process refrigeration equipment 

must comply with the leak repair requirements pursuant to 40 CFR 

 § 82.156. 

(vi) Owners/operators of appliances normally containing 50 or more pounds of 

refrigerant must keep records of refrigerant purchased and added to such 

appliances pursuant to 40 CFR § 82.166. 

 [40 CFR part 82, subpart F] 

 

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

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

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

specified in 40 CFR part 82, subpart B, Servicing of Motor Vehicle Air 

Conditioners. 

 [40 CFR part 82, subpart B] 

IV.C. Asbestos Removal and Disposal 

(a) The permittee shall comply with 40 CFR part 61, subpart M when conducting any 

renovation or demolition at the facility. 

 [40 CFR part 61, subpart M] 

 

V. General Testing, Recordkeeping, and Reporting Requirements 

V.A. General Testing Requirements 

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

V. B. General Recordkeeping Requirements 

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

permittee shall comply with the following generally applicable recordkeeping 

requirements: 

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

the following: 

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

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

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

 (iv) The analytical techniques or methods used; 

 (v) The results of such analyses; and 

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

measurement. 

 [40 CFR § 71.6(a)(3)(ii)(A)] 

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

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

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

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

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

permit. 

 [40 CFR § 71.6(a)(3)(ii)(B)] 

V.C. General Reporting Requirements 

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

shall comply with the following generally applicable reporting requirements: 

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

each six month reporting period from July 1 to December 31 and from January 1 

to June 30, except that the first reporting period shall begin on the effective date 

of this permit and end on December 31. All reports shall be submitted to EPA 

and shall be postmarked by the 30th day following the end of the reporting period. 

All instances of deviations from permit requirements must be clearly identified in 

such reports. All required reports must be certified by a responsible official 

consistent with Section V.D. 

 [40 CFR § 71.6(a)(3)(iii)(A)] 

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

deviations from permit conditions, including those attributable to upset conditions 

as defined in this permit, the probable cause of such deviations, and any 

corrective actions or preventive measures taken. For the purposes of this section 

of the permit, prompt is defined as follows: 

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

provided in an underlying applicable requirement as identified in this 

permit; 

8 
(ii) Where the underlying applicable requirement fails to address the 

timeframe for reporting deviations, reports of deviations will be submitted 

based on the following schedule: 

(1) For emissions of a hazardous air pollutant or a toxic air pollutant (as 

identified in the applicable regulation) that continue for more than an hour 

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

of the occurrence. 

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

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

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

occurrence. 

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

submitted with the semi-annual monitoring report required in Section

V.C.(a). 

 [40 CFR § 71.6(a)(3)(iii)(B)] 

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

using the following numbers: 

 Telephone: (206) 553-1505 

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

 [40 CFR § 71.6(a)(3)(iii)(B)] 

(d) Within 10 working days of the occurrence of a deviation as provided in 

subparagraph (b) above, the permittee shall also submit a written notice to EPA 

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

 [40 CFR § 71.6(a)(3)(iii)(B)] 

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

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

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

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

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

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

the following: 

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

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

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

9 
3. A situation in which observations or data collected demonstrate 

noncompliance with an emission limitation or standard or any work 

practice or operating condition required by the permit; 

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

40 CFR Part 64, occurs. 

 [40 CFR § 71.6(a)(3)(iii)(C)]

V.D Document Certification

(a) Any document required to be submitted under this permit shall be certified by a 

responsible official as to truth, accuracy, and completeness. Such certifications 

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

the statements and information in the document are true, accurate, and complete. 

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

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

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

worksheets, and applications for renewals and permit modifications shall be 

submitted to: 

Office of Air Quality - Part 71 Permits 

 EPA - Region 10, OAQ 107 

 1200 Sixth Avenue 

 Seattle, WA 98101 

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

VI. Compliance Requirements

VI.A. Compliance with the Permit 

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

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

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

modification; or for denial of a permit renewal application. 

 [40 CFR § 71.6(a)(6)(i)] 

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

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

compliance with the conditions of this permit. 

 [40 CFR § 71.6(a)(6)(ii)] 

 

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

10 
Section VI.B. of this permit, or establishing whether or not a person has violated 

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

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

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

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

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

 § 60.11(g), and § 61.12.] 

VI.B. Compliance Certification 

(a) The permittee shall submit to EPA Region 10 a certification of compliance with 

permit terms and conditions, including emission limitations, standards, or work 

practices, postmarked by January 30 of each year and covering the previous 

calendar year except that the first certification shall cover the period from the 

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

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

consistent with Section V.D. of this permit. 

 [40 CFR § 71.6(c)(5)] 

 (b) The certification shall include the following: 

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

certification. 

 

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

the compliance status of each term and condition during the certification 

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

intermittent data. Such methods and other means shall include, at a 

minimum, the methods and means required in this permit. If necessary, 

the owner or operator also shall identify any other material information 

that must be included in the certification to comply with section 113(c)(2) 

of the Clean Air Act, which prohibits knowingly making a false 

certification or omitting material information. 

 

(iii) The status of compliance with each term and condition of the permit for 

the period covered by the certification, based on the method or means 

designated above. The certification shall identify each deviation and take 

it into account in the compliance certification. 

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

intermittent. 

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

 

11 
VI.C. Emergency Provisions 

(a) In addition to any emergency or upset provision contained in any applicable 

requirement, the permittee may seek to establish that noncompliance with a technologybased emission limitation under this permit was due to an emergency. To do so, the 

permittee shall demonstrate the affirmative defense of emergency through properly 

signed, contemporaneous operating logs, or other relevant evidence that: 

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

the emergency; 

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

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

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

other requirements in this permit; and 

 (iv) the permittee submitted notice of the emergency to EPA Region 10 within 

2 working days of the time when emission limitations were exceeded due 

to the emergency. This notice must contain a description of the 

emergency, any steps taken to mitigate emissions, and corrective actions 

taken. This notice fulfills the requirements of Section V.C.(b) of this 

permit, concerning prompt notification of deviations. 

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

occurrence of an emergency has the burden of proof. 

(b) An “emergency” means any situation arising from sudden and reasonably 

unforeseeable events beyond the control of the source, including acts of God, 

which situation requires immediate corrective action to restore normal operation, 

and that causes the source to exceed a technology-based emission limitation under 

the permit due to unavoidable increases in emissions attributable to the 

emergency. An emergency shall not include noncompliance to the extent caused 

by improperly designed equipment, lack of preventive maintenance, careless or 

improper operation, or operator error. 

 [40 CFR § 71.6(g)] 

VI.D. Compliance Schedule 

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

will continue to comply with such requirements. 

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 States currency and shall be paid by money 

order, bank draft, certified check, corporate check, or electronic funds transfer 

payable to the order of the U.S. Environmental Protection Agency. 

 [40 CFR § 71.9(k)(1)] 

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

Mellon Bank 

 U. S. EPA Region 10 

 P. O. Box 360903M 

 Pittsburgh, PA 15251 

[40 CFR § 71.9(k)(2)] 

(e) The permittee shall send an updated fee calculation worksheet form and a 

photocopy of each fee payment check (or other confirmation of actual fee paid) 

submitted annually by 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 form 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 calculated by multiplying the total tons 

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

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

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

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

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

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

year. Actual emissions shall be calculated using each emissions 

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

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

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

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

permit for determining compliance, such as monitoring or source 

testing data. [40 CFR § 71.9(h)(3)] 

(3) If actual emissions cannot be determined using the compliance 

methods in the permit, the permittee shall use other federally 

recognized procedures. 

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

of fees: 

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

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

 [40 CFR § 71.9(c)(5)(i)] 

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

already included in the fee calculation; and 

 [40 CFR § 71.9(c)(5)(ii)] 

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

listed or calculated in a permit application pursuant to 40 CFR 

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

 

2

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

3

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

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

year. 

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 with the provisions of Section V.B.(b) of 

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

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

data is submitted. 

 [40 CFR § 71.9(i)] 

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

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

 [40 CFR § 71.9(l)] 

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

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

 [40 CFR § 71.9(j)(2)] 

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

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

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

 [40 CFR § 71.9(j)(3)] 

VIII. Annual Emissions Inventory

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

precedi

ng 

calend

ar year. 

The 

annual 

emissi

ons 

report 

shall 

be 

 

4

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

that includes this requirement. 

15 
certifie

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 emissions report, required at the same time as 

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

worksheet. 

16 
IX.A Duty to Provide and Supplement Information 

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

information that EPA Region 10 may request in writing to determine whether 

cause exists for modifying, revoking, and reissuing, or terminating the permit, or 

to determine compliance with the permit. Upon request, the permittee shall also 

furnish to the EPA Region 10 copies of records that are required to be kept 

pursuant to the terms of the permit, including information claimed to be 

confidential. Information claimed to be confidential must be accompanied by a 

claim of confidentiality according to the provisions of 40 CFR part 2, subpart B. 

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

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

incorrect information was submitted in the permit application, shall promptly 

submit such supplementary facts or corrected information. 

 [40 CFR § 71.5(b)] 

IX.B. Severability Clause 

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

portion of this permit, or if any portion is held invalid, the remaining permit conditions 

shall remain valid and in force. 

 [40 CFR §71.6(a)(5)] 

IX.C. Property Rights 

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

 [40 CFR §71.6(a)(6)(iv)] 

IX.D. Inspection and Entry 

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

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

 (a) Enter upon the permittee’s premises where a Part 71 source is located or 

emissions-related activity is conducted, or where records must be kept under the 

conditions of the permit; 

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

the conditions of the permit; 

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

17 
pollution control equipment), practices, or operations regulated or required under 

the permit; and 

 (d) As authorized by the Clean Air Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance with the permit 

or applicable requirements. 

 [40 CFR § 71.6(c)(2)] 

 

X. Permit Changes

X.A. Permit Actions 

This permit may be modified, revoked, reopened, and reissued, or terminated for cause. 

The filing of a request by the permittee for a permit modification, revocation and 

reissuance, or termination, or of a notification of planned changes or anticipated 

noncompliance does not stay any permit condition. 

 [40 CFR § 71.6(a)(6)(iii)] 

X.B Administrative Permit Amendments 

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

procedures for a permit revision that: 

(i) Corrects typographical errors. 

(ii) Identifies a change in the name, address, or phone number of any person 

identified in the permit, or provides a similar minor administrative change 

at the source. 

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

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

the EPA Region 10 determines that no other change in the permit is 

necessary, provided that a written agreement containing a specific date for 

transfer of permit responsibility, coverage, and liability between the 

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

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

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

such a program meets procedural requirements substantially equivalent to 

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

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

18 
compliance requirements substantially equivalent to those contained in § 

71.6. 

 

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

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

(v). 

 [40 CFR § 71.7(d)] 

X.C. Minor Permit Modifications 

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

for those modifications that: 

 (i) Do not violate any applicable requirement. 

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

recordkeeping requirements in the permit. 

 (iii) Do not require or change a case-by-case determination of an 

emission limitation or other standard, or a source-specific determination 

for temporary sources of ambient impacts, or a visibility or increment 

analysis. 

(iv) Do not seek to establish or change a permit term or condition for which 

there is no corresponding underlying applicable requirement and that the 

source has assumed to avoid an applicable requirement to which the 

source would otherwise be subject. Such terms and conditions include: 

(1) A federally enforceable emissions cap assumed to avoid 

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

(2) An alternative emission limit approved pursuant to regulations 

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

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

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

 [40 CFR § 71.7(e)(1)(i)(A)] 

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

procedures in paragraph (a) above, minor permit modification procedures may be 

used for permit modifications involving the use of economic incentives, 

marketable permits, emissions trading, and other similar approaches, to the extent 

19 
that such minor permit modification procedures are explicitly provided for in an 

applicable implementation plan or in applicable requirements promulgated by 

EPA. 

 [40 CFR § 71.7(e)(1)(i)(B)] 

 

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

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

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

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

(ii) The source's suggested draft permit; 

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

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

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

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

required under 40 CFR § 71.8. 

 [40 CFR § 71.7(e)(1)(ii)] 

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

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

change allowed by the preceding sentence, and until EPA Region 10 takes any of 

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

comply with both the applicable requirements governing the change and the 

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

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

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

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

seeks to modify may be enforced against it. 

 [40 CFR § 71.7(e)(1)(v)] 

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

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

X.D. Group Processing of Minor Permit Modifications 

(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 procedures shall be 

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

and shall include the following: 

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

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

(ii) The source's suggested draft permit. 

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

proposed modification meets the criteria for use of group processing 

procedures and a request that such procedures be used. 

(iv) A list of the source's other pending applications awaiting group 

processing, and a determination of whether the requested modification, 

aggregated with these other applications, equals or exceeds the threshold 

set under subparagraph (a)(ii) above. 

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

States as required under 40 CFR § 71.8. 

 [40 CFR § 71.7(e)(2)(ii)] 

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

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

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

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

source must comply with both the applicable requirements governing the change 

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

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

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

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

seeks to modify may be enforced against it. 

 [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)]. 

21 
X.E. Significant Permit Modifications 

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

for those modifications that: 

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

amendments. 

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

(iii) Are relaxations of reporting or recordkeeping permit terms or conditions. 

[40 CFR § 71.7(e)(3)(i)] 

(b) Nothing herein shall be construed to preclude the permittee from making changes 

consistent with part 71 that would render existing permit compliance terms and 

conditions irrelevant. 

 [40 CFR § 71.7(e)(3)(i)] 

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

using standard application forms provided by EPA Region 10.6

 [40 CFR § 71.5(c)] 

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

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

information that is related to the proposed change. 

 [40 CFR § 71.7(e)(3)] 

X.F. Reopening for Cause 

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

expiration under any of the following circumstances: 

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

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

(ii) Additional requirements (including excess emissions requirements) 

become applicable to an affected source under the acid rain program. 

Upon approval by the Administrator, excess emissions offset plans shall 

be deemed to be incorporated into the permit. 

 

6

Note to permittee: Use the same forms used for initial source 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 changes without a permit revision, provided that 

the following requirements are met: 

 

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

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

existing permit term or condition. 

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

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

the Clean Air Act. 

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

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

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

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

requirements that would apply as a result of the change. 

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

 (f) The permittee must keep a record describing all changes that result in emissions 

of any regulated air pollutant subject to any applicable requirement not otherwise 

regulated under this permit, and the emissions resulting from those changes. 

 [40 CFR §71.6(a)(12)] 

X.H. Emissions Trading and Operational Flexibility 

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

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

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

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

23 
expressed therein as a rate of emissions or in terms of total emissions) and are not 

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

 (i) Changes that would violate applicable requirements; or 

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

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

reporting, or compliance certification requirements. 

 [40 CFR § 71.6(a)(13)(i)] 

(b) The permittee is required to send a notice to EPA Region 10 at least 7 days in 

advance of any change made under this provision. The notice must describe the 

change, when it will occur and any change in emissions, and identify any permit 

terms or conditions made inapplicable as a result of the change. The permittee 

shall attach each notice to its copy this permit. 

 [40 CFR § 71.6(a)(13)(i)(A)] 

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

made under this provision. 

 [40 CFR § 71.6(a)(13)(i)(B)] 

X.I. Permit Expiration and Renewal 

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

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

(ii) the source is issued a part 70 or part 71 permit by the 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, prior to the date of expiration of this 

permit. [40 CFR §71.5(a)(1)(iii)] 

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

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

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

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

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

apply if, subsequent to the completeness determination, the permittee fails to 

submit any additional information identified as being needed to process the 

24 
application by the deadline specified in writing by EPA Region 10. 

 [40 CFR §71.7(c)(3), §71.7(b)] 

 

(d) Renewal of this permit is subject to the same procedural requirements that apply 

to initial permit issuance, including those for public participation, affected State, 

and tribal review. 

 [40 CFR §71.7(c)(1)] 

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

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

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

permit term, any applicable requirements that were promulgated and not 

incorporated into the permit during the permit term, and other information 

required by the application form. 

 [40 CFR §71.5(a)(2) and §71.5(c)(5)] 

 

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