Adopted 05

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- i

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 Requirements

................................ ......................... 4
12.5.2.1 Permit Applications: Timely and Complete Applications

............ 4
12.5.2.2 Permit Applications: Duty to Supplement or Correct Application 6
12.5.2.3 Permit Applications: Standard Requirements

............................ 7
12.5.2.4 Permit Applications: Certification

................................ ............. 10
12.5.2.5 Permit Applications: Insignificant Activit ies and Emissions

...... 10
12.5.2.6 Permit Content: Standard Requirements

................................ . 14
12.5.2.7 Permit Content: Federally Enforceable Requirements

............. 21
12.5.2.8 Permit Content: Compliance Requirements

............................. 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: Ch anges 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 for Cause

................................ .... 32
12.5.2.16 Permit Revision: Reopenings for Cause 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 Temporary Sources

................................ ................................ . 37
12.5.2.20 Part 70 General Permit

................................ ............................ 37Adopted 05

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- 1 12.5 PART 70 OPERATING PERMIT REQUIREMENTS

12.5.1 Definitions

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

(a) “Deviation” means a variation from any permit terms, including terms that establish emission limitations, operating conditions, or work

pra c tice standards, and those terms intended to show compliance with those limitations, conditions, or standards, including monitoring, recordkeeping , and reporting requirements. A deviation is not nece ssarily a violation.

(b) “Exempt Source” means that the following source categories are e xempted from the obligation to obtain 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 r equired by some other provision or requirement of the Act;

(2) Any source that would be required to obtain a permit solely b ecause it is subject to Section 14.1(b)(62) of these AQRs, “Sta ndards of Performance for New Residential Wood Heaters” (40 CFR 60.530, Subpart AAA); or

(3) Any source that would be required to obtain a permit solely b ecause it is subject to Section 13.1(b)(8) of these AQRs, “Emi ssion Standard for Asbestos” (40 CFR 61.145, Subpart M).

(c) “Existing Part 70 source” means a Part 70 source that either has a valid Part 70 Operating Permit issued prior to the effective date of Section 12.5 or has an application for a P art 70 Operating Permit deemed complete prior to the effective date of Section 12.5.

(d) “Minor NSR significant levels” means an increase in the potential to emit that would equal or exceed the following rates for the pollutants
listed:

Type of Air Pollutant P otential to Emit (tpy)

PM 2.5 , directly emitted 5.0

PM 10 7.5

CO 50Adopted 05

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- 2 VOC 20

NO x 20

SO 2 20

Lead (Pb) 0.6

H 2 S 5
Total Reduced Sulfur (including H 2 S) 5

(e) "Modification" or "Modify" means a project which meets any of the preconstruction review applicability criteria in paragraph (g) of Se ction 12.5.1 or that requires a minor or significant permit revision pu rsuant to Section 12.5.2.14.

(f) “New Part 70 source” means a Part 70 source that is not an existing
Part 70 source.

(g) “Preconstruction review app licability criteria” means any of the follo wing:

(1) At an existing major stationary source, a project that will result in a major modification as defined in Section 12.2 or 12.3;

(2) A new Part 70 source or a modification to an existing Part 70
source that is s ubject to Section 12.4.3.2;

(3) Any project that is subject to a standard, limitation, or other r equirement under 40 CFR Part 60;

(4) Any project that is subject to a standard under 40 CFR Part 63, including, but not limited to, construction or reconstruction that requires preconstruction review under 40 CFR 63.5; or

(5) For a solid waste incineration unit, a project that will result in a modification for purposes of Section 129(g)(3) of the Act.

(h) “Project” means a physical change in, or change in the method of operati on of, a major stationary source.

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

(1) Routine maintenance, repair and replacement.

(2) Use of an alternative fuel or raw material by reason of any order under Section 2 (a) and (b) of the Energy Supply and Enviro nmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the
Federal Power Act.Adopted 05

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- 3 (3) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act.

(4) Use of an alternative fuel at a steam generating unit to the e xtent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary source
which:

(A) The source was capable of accommodating before Jan uary 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was e stablished after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51 Subpart I; or

(B) The source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pu rsuant to 40 CFR Part 51 Subpart I.

(6) An increase in the hours of operation or in the production rate, unless such change would be prohibit ed under any federally e nforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations a pproved pursuant to 40 CFR Part 51, Subpart I.

(7) Any change in ownership at a stationary source.

(8) The installation , operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(A) The Nevada State Implementation Plan and;

(B) Other requirements necessary to attain and maintain the national ambient air q uality standards during the project
and after it is terminated.

(9) The installation or operation of a permanent clean coal techno logy demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exem ption shall apply on a pollutant

- by

- pollutant basis.

(10) The reactivation of a very clean coal

- fired electric utility steam generating unit.Adopted 05

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- 4 (i) “Responsible official” means one of the following:

(1) Fo r a corporation: a president, secretary, treasurer, or vice

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

- making functions for the corporation, or a duly authorized

repr esentative of such person if the representative is respons ible for the overall operation of one or more manufacturing, pr oduction, or operating facilities applying for or subject to a permit
and either:

(A) The operating facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars; or

(B) The delegation of authority to such representative is a pproved in advance by the Control Officer.

(2) For a partnership or sole proprietorship: a general partn er or the proprietor, respectively;

(3) For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this definition, a principal executive officer of a fe deral agency include s the chief executive officer having respo nsibility for the overall operations of a principal geographic unit of the agency; or

(4) For Title IV affected sources:

(A) 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,” or the regulations promulgated there under are concerned; or

(B) The responsible official as defined above for any other purposes under Section 12.5.

12.5.2 Part 70 Operating Permit R equirements

12.5.2.1 Permit Applications: Timely and Complete Applications

For each Part 70 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 operator of the Part 70 source to assist a source in submitting a complete permit application.

(a) Timely application.Adopted 05

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- 5 (1) A timely application for a source applying for a Part 70 Opera ting Permit for the first time is one that is submitted within twelve (12) months after the s ource becomes subject to the permit pr ogram. If a source submits a timely application under this prov ision, it may continue operating under its Authority to Construct Permit until final action is taken on its application for a new Part 70 Operating Permit.

(2) For purposes of permit renewal, a timely application is a co mplete application that is submitted at least six (6) months and not greater than eighteen (18) months prior to the date of permit e xpiration. If a source submits a timely application under this pr ovision, it may continue operating under its current Part 70 Ope rating Permit until final action is taken on its application for a renewed Part 70 Operating Permit.

(3) A timely application for an existing Part 70 source that has o btained an Authority to Con struct Permit is one that is submitted within twelve (12) months after commencing operation of the modification or reconstruction authorized by the permit, or on or before such earlier date that the 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 permit revision pursuant to Section 12.5.2.14 before commencing operation.

(4) In order to be deemed a timely application, the application must also meet the complete application provisions listed in par agraph (b) of Section 12.5.2.1.

(b) Complete application.

(1) To be deemed complete, an application must provide all info rmation necessary to evaluate the subject source and its applic ation and to determ ine all applicable requirements, including the emission rates information required by paragraph (a)(3) of Se ction 12.4.3.1. Applications for permit revisions need supply only such information as is related to the proposed change. A r esponsible official sha ll certify the submitted information consi stent with Section 12.5.2.4.

(2) Unless the Control Officer notifies the source in writing within sixty (60) days of receipt of the application that an application is not complete, such application shall be deemed to b e complete.

(3) A completeness determination shall not be required for a minor permit revision.Adopted 05

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- 10 CC Air Quali ty Regulations 12.5

- 6 (4) If, while processing an application that has been determined or deemed to be complete, the Control Officer determines that a dditional information is necessary to e valuate or take final action on that application, the Control Officer may request such info rmation in writing and set a reasonable deadline for a response. Failure to provide the information requested in a timely manner may result in a determination that t he application is incomplete.

(5) The submittal of a complete application shall not affect the r equirement that any source shall have an Authority to Construct Permit issued pursuant to Section 12.4.3 prior to construction.

(c) Area source

- specific requirements.

(1) I f a regulation promulgated by the administrator under Section 111 or 112 of the Act (42 U.S.C. 7411 or 7412) requires area sources to submit an application for a Part 70 Operating Permit, each area source covered by the requirement must submit an applicati on in accordance with that regulation.

(d) Confidential Information. Claims of confidentiality as to information submitted to EPA shall be made pursuant to applicable federal r equirements in 40 CFR Part 2. Claims of confidentiality as to inform ation submitted to the department shall be made pursuant to Section
12.6. In the case where a source has submitted information to the Control Officer under a claim of confidentiality that also must be submitted to EPA, the Control Officer shall either submit the inform ati on to EPA or require the source to submit a copy of such inform ation directly to EPA.

(e) Late applications. An application submitted after the deadlines esta blished for timeliness shall be accepted for processing, but shall not be considered a timely applicat ion. Submitting an application shall not relieve a source of any enforcement actions resulting from su bmitting a late application.

12.5.2.2 Permit Applications: Duty to Supplement or Correct Application

Any applicant who fails to submit any relevant facts, or who h as 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 add itional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit. A responsible official shall certify the add itional information consistent with the requir ements of Section 12.5.2.4.Adopted 05

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- 7 12.5.2.3 Permit Applications: Standard Requirements

Information as described below for each emissions unit at a Part 70 source shall be included in the application, except for insignificant activities. The application shall be submitted on a form provided by the Control Officer.

(a) Identifying information, including company name, company address, plant name and address if different from company name and a ddress, owner’s name and agent, and telephone number and name of the responsible offic ial, plant site manager, or contact;

(b) A description of the source’s processes and products by Standard Industrial Classification Code (SIC) or the North American Industry Classification System (NAICS), including any associated with each
alternate scenario i dentified by the source;

(c) The following emissions

- related information:

(1) The potential to emit of all air pollutants for which the source is major, and the potential to emit of all regulated air pollutants, i ncluding HAPs, from any emissions unit, except for insignificant activities;

(2) Identification and description of all points of emissions described in paragraph (c)(1) of Section 12.5.2.3 in sufficient detail to e stablish the basis for an air impact analysis and applicability of applicable requirements;

(3) Emiss ions rates in tons per year, including fugitive emission rates, and in such terms as are necessary to establish co mpliance with applicable requirements, consistent with the results of performance tests conducted pursuant to the source’s Part 70 Operating P ermit or the source’s Authority to Construct Permit, whichever is more current;

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

(5) Identificati on and description of air pollution control equipment and compliance monitoring devices or activities; and

(6) Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated air poll utants and HAPs at th e Part 70 source.

(d) Other information required by any applicable requirement, including:Adopted 05

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- 10 CC Air Quali ty Regulations 12.5

- 8 (1) Information related to stack height limitations developed pu rsuant to Section 12.2.7.3; and

(2) The calculations on which the information in paragraphs (c)(1) through (c)( 6) of Section 12.5.2.3 is based.

(e) The following air pollution control requirements:

(1) Citation and description of all applicable requirements, and

(2) Description of or reference to any applicable test method for d etermining compliance with each applicable requir ement.

(f) Other specific information that may be necessary to implement and enforce applicable requirements or to determine the applicability of such requirements;

(g) An explanation of any proposed exemptions from otherwise applic able requirements;

(h) If alternativ e operating scenarios are to be identified in the permit pursuant to paragraph (j) of Section 12.5.2.6, such information as is necessary for the Control Officer to define those scenarios and d etermine the applicable requirements for each proposed scenario;

(i) If emissions trading is proposed, the legal authority for the trading and a description of the proposed conditions for determining co mpliance with the trading requirements, including replicable procedures that ensure that the emissions trades are quanti fiable and enforce able.

(j) A compliance plan that contains all of the following:

(1) A description of the compliance status of the source with r espect to all applicable requirements;

(2) A compliance statement and compliance schedule, as follows:

(A) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements;

(B) For applicable requirements that will become effective du ring the permit term, a statement that the source will meet such requi rements on a timely basis. A statement that the source will meet, in a timely manner, applicable requir ements that become effective during the permit term shallAdopted 05

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- 10 CC Air Quali ty Regulations 12.5

- 9 satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement ; and

(C) A schedule of compliance for any emissions unit at the source that will not be in compliance with any applicable requirement at the time of permit issuance. Such a sch edule shall include a schedule of remedial measures, inclu ding an enfor ceable sequence of actions with milestones, leading to compliance with the applicable requirements

. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent d ecree or administrative order to which the s ource is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

(3) A schedule for submission of certified progress reports no less than every six (6) mont hs for sources required to have a sch edule of compliance to remedy a violation.

(4) The compliance plan content requirements specified in par agraphs (j)(1) through (j)(3) of Section 12.5.2.3 shall apply and be included in the “acid rain” portion of a complianc e plan for a Title IV affected source, except as specifically superseded by regul ations promulgated under Title IV of the Act, “Acid Deposition Control,” with regard to the schedule and methods the source will use to achieve compliance with the acid rain e mission limit ations.

(k) Requirements for compliance certification, including all of the follo wing:

(1) A certification of compliance with all applicable requirements by a responsible official consistent with Section 12.5.2.4 of the AQRs and Section 114(a)(3) of t he Act, “Enhanced Monitoring and Compliance Certification”;

(2) A statement of methods used for determining compliance, i ncluding a description of monitoring, recordkeeping, and repor ting requirements and test method; and

(3) A statement indicating the source’s co mpliance status with any applicable enhanced monitoring and compliance certification r equirements of the Act.

(l) For acid rain portions of permit applications and compliance plans, submit a current EPA Acid Rain Permit Application or New Unit E xemption form, as applicable.Adopted 05

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- 10 (m) If a PAL is requested, the information required by Section 12.2.19 for establishing a PAL.

12.5.2.4 Permit Applications: Certification

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

12.5.2.5 Permit Applications: Insignificant Activities and Emissions

An application may not omit information needed to determine the applicabil ity of, or to impose, any applicable requirement.

(a) The following types of activities and emissions units may be pr esumptively omitted from a permit application for a Part 70 Operating Permit. Certain of these listed activities include qualifying statements intended to exclude many similar activities:

(1) Combustion emission s from propulsion of mobile sources;

(2) Air

- conditioning units used for human comfort that do not have applicable requirements under Title VI of the Act;

(3) Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing/industrial or commercial process;

(4) Noncommercial food preparation;

(5) Consumer use of office equipment and products, not including printing establishments or businesses primarily involved in ph otographic reproduction;

(6) Janitorial services and consumer use of janitorial products;

(7) Internal combustion engines used for landscaping purposes;

(8) Laundry activities, except for dry

- cleaning and steam boilers;

(9) Bathroom/toilet vent emissions;

(10) Emergency (backup) electrical generators at residential loc ations ;Adopted 05

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- 11 (11) Tobacco smoking rooms and areas;

(12) Blacksmith forges;

(13) Plant maintenance and upkeep activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, re

- tarring roofs, installing insulation, and paving parking lots), provided
these a ctivities are not conducted as part of a manufacturing process, are not related to the source’s primary business activ ity, and not otherwise triggering a permit revision Cleaning and painting activities qualify as insignificant activities if they are not subject to VOC or HAP control requirements. Asphalt batch plant owners/operators must still get a permit if otherwise r equired.

(14) Repair or maintenance shop activities not related to the source’s primary business activity, not including emissions from surfa ce coating or degreasing (solvent metal cleaning) activities, and not otherwise triggering a permit revision;

(15) Portable electrical generators that can be moved by hand from one location to another;

(16) Hand

- held equipment for buffing, polishing, cutting, drilli ng, sa wing, grinding, turning, or machining wood, metal, or plastic;

(17) Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in emission of HAP metals;

(18) Air compressors and pneum atically operated equipment, inclu ding hand tools;

(19) Batteries and battery charging stations, except at battery man ufacturing plants;

(20) Storage tanks, vessels, and containers holding or storing liquid substances that will not emit any VOCs or HAPs;

(21) Storage tan ks, reservoirs, and pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized;

(22) Equipment used to mix and package soaps, vegetabl e oil, grease, animal fat, and nonvolatile aqueous salt solutions, pr ovided appropriate lids and covers are utilized;Adopted 05

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- 12 (23) Drop hammers or hydraulic presses for forging or metalworking;

(24) Equipment used exclusively to slaughter animals, but not inclu ding other eq uipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

(25) Vents from continuous emissions monitors and other analyzers;

(26) Natural gas pressure regulator vents, excluding venting a t oil and gas production facilities;

(27) Hand

- held applicator equipment for hot melt adhesives with no VOCs in the adhesive formulation;

(28) Equipment used for surface coating, painting, dipping, or spra ying operations, except those that will emit VOCs or HAPs;

(29) CO 2 lasers, used only on metals and other materials which do not emit HAPs in the process;

(30) Consumer use of paper trimmers/binders;

(31) 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;

(32) Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants;

(33) Laser trimmers using dust collection to prevent fugitive emi ssions;

(34) Bench

- scale laboratory equipment used for physical or chemical analysis, but not lab fume hoods or vents;

(35) Routine calibration and maintenance of laboratory equipment or other analytical instruments;

(36) Equipment used for quality control/assurance or inspection pu rposes, including s ampling equipment used to withdraw mat erials for analysis;

(37) Hydraulic and hydrostatic testing equipment;

(38) Environmental chambers not using HAP gases;

(39) Shock chambers;Adopted 05

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- 13 (40) Humidity chambers;

(41) Solar simulators;

(42) Fugitive emissions related to movement of passenger veh icles, provided the emissions are not counted for applicability purpo ses and any required fugitive dust control plan or its equivalent is submitted;

(43) Process water filtration systems and demineralizers;

(44) Demineralized water tanks and demineralizer vents;

(45) Boi ler water treatment operations, not including cooling towers;

(46) Oxygen scavenging (deaeration) of water;

(47) Ozone generators;

(48) Fire suppression systems;

(49) Emergency road flares;

(50) Steam vents and safety relief valves;

(51) Steam leaks;

(52) Steam cleaning operations; and

(53) Stea m sterilizers.

(b) Any person may petition the Control Officer for a rule to be adopted under the procedures in Section 2 to add an activity or emission unit to this list of insignificant activities and emissions which may be e xcluded from a Part 70 Operating Permit application. The petition shall include the following information:

(1) A complete description of the activity or emission to be added to the list;

(2) A complete description of all air contaminants that may be emi tted by the activity or emission, including emission rate, air poll ution control equipment, and calculations used to determine emissions; and

(3) An explanation of why the activity or emission should be e xempted from the application requirements for an operating pe rmit.Adopted 05

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- 14 (c) The Control Officer shall review, on a case

- by

- case basis, insignif icant 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 greater than two (2) tpy of any criteria pollutant,
fiv e (5) tpy of a combination of criteria pollutants, five hundred (500) pounds per year of any HAP, or one (1) tpy of a combination of HAPs shall be eligible to be determined an insignificant activity under Se ction 12.5.2.5.

12.5.2.6 Permit Content: Standard Requirements

Each Part 70 Operating Permit shall include the following elements:

(a) Emission limitations and standards, including those operational r equirements and limitations that assure compliance with all applicable requirements at the time of permit iss uance or that become effective within the term of the permit:

(1) The permit shall specify, and reference the origin of and author ity for, each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term
or condition is based.

(2) Where an applicable requirement is more stringent than an a pplicable requirement of regulations promulgated under Title IV of the Act, “Acid Deposition Control,” both provisions shall be i ncorporated into the permit.

(3) If the Nevada SIP allows a determination of an alternative emi ssions limit at a Part 70 source, equivalent to that contained in the SIP, to be made during the permit issuance, renewal, or si gnificant revision process, and the Control Officer elects to use such process, any permit containing such equivalency determ ination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, a ccountable, enforceable, and based on replicable procedures.

(b) All terms and conditions of a ny Authority to Construct Permit, to the extent that such terms and conditions apply to operations. The permit shall identify those terms and conditions and the authority upon which they are based, and shall contain a statement that any changes to any such terms and conditions must be processed in a ccordance with the applicable permit revision procedures in Section 12.4, 12.5.2.13 or 12.5.2.14 and applicable SIP requirements;Adopted 05

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- 15 (c) Permit duration.

(1) The Control Officer shall issue permits for a fixed term of fiv e (5) years in the case of “acid rain” sources, and for a term not to exceed five (5) years in the case of all other sources.

(2) Notwithstanding paragraph (c)(1) of Section 12.5.2.6, the Co ntrol Officer shall issue permits for solid waste incineration units combusting municipal waste and subject to a standard under Section 129(e) of the Act shall be issued for a period not to e xceed twelve (12) years and shall review such permits at least every five (5) years.

(3) A condition or requirement in a Part 70 Operating Permit that i ncorporates conditions from an Authority to Construct Permit d erived from Sections 12.2 or 12.3 requirements shall remain in e ffect and enforceable after expiration or termination of the Part 70 Operating Permit in which they are contained;

(d) M onitoring and related recordkeeping and reporting requirements.

(1) Each permit shall contain the following requirements with r espect to monitoring:

(A) All monitoring and analysis procedures or test methods r equired under applicable monitoring and testing requir ements, including 40 CFR Part 64, and any other proc edures and methods that may be promulgated pursuant to Sections 114(a)(3) or 504(b) of the Act. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monit oring or testing prov isions provided the specified monitoring or testing is ad equate to assure compliance at least to the same extent as the monitoring or testing applicable requirements that are not included in the permit as a result of such streamlining;

(B) Where the applicable requirement does not require perio dic testing or instrumental or non

- instrumental monitoring, compliance monitoring may consist of recordkeeping d esigned to serve as monitoring or periodic monitoring suff icient to yield reliable data from the relevant time period that are representative of the source’s compliance with the permit. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicab le r equirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; andAdopted 05

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- 16 (C) As necessary, requirements concerning the use, mainte nance, and, where appropriate, installation of monitoring equipment or methods.

(2) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where a pplicable, the following:

(A) Records of required monitoring information that include the following:

(i) The date, place as defined in the permit, and time of sampling or measurements;

(ii) The dates analyses were performed;

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

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

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

(B) Retention of records of all required monitoring data and support information for a period of at least five (5) years from the date of the monitoring sample, measurement, r eport, or application. Support information includes all cal ibration and maintenance records and all original strip

- chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.

(3) For sources that contain emissions units subject to 40 CFR Part 64 (Compliance Assurance Monitoring, or CAM), the following general terms and conditions shall become terms and cond itions of the permit:

(A) The permittee shall install, calibrate, maintain, and operate a monitoring system according to the manufacturer’s spec ifications or other 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.

(B) At all times, the permittee shall properly maintain the mon itoring system, including, but not limited to, maintaini ngAdopted 05

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- 17 parts if necessary for routine repairs of the monitoring sy stem.

(C) The permittee shall collect data at all required intervals
du r ing emissions unit operation, except for, as applicable, monitoring malfunctions, repairs associated with monito ring malfuncti ons, and required quality assurance or control activities, as follows:

(i) Data recorded during monitoring malfunctions, r epairs associated with malfunctions, and required quality assurance or control activities shall not be used for purposes of CAM.

(ii) The permi ttee shall maintain records of the begi nning date and time, ending date and time, and cause (including unknown cause, if applicable) for monitoring downtime incidents (other than downtime associated with zero and span or other daily calibr ation checks, if applicable).

(iii) The permittee shall use all data collected during all periods other than those identified in paragraph (d)(3)(C)(i) of Section 12.5.2.6 in assessing the o peration of the control device and associated control system.

(iv) A monitoring malfunction 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 malfunctions and shall be considered deviations.

(D) All incidents of moni toring downtime recorded under par agraph (d)(3)(C)(i) of Section 12.5.2.6 shall be reported pu rsuant to paragraph (d)(4) of Section 12.5.2.6.

(E) The permittee shall comply with the requirements of an approved CAM quality improvement plan, if required by the
C ontrol Officer.

(4) With respect to reporting, the permit shall incorporate all appl icable reporting requirements, including those in 40 CFR 64.9(a), if applicable, and require all of the following:

(A) Submittal of reports of any required monitoring every six (6) months, or more frequently if specified by an applicable requirement or by the Control Officer. All instances of dev i-Adopted 05

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- 18 ations from permit requirements, including monitoring downtime, must be clearly identified in such reports. All required monitoring repor ts submitted must be certified by a responsible official pursuant to section 12.5.2.4;

(B) Reporting of deviations from permit requirements, including
those attributable to malfunction, startup, or shu tdown

. Deviations shall be reported promptly. All reports o f
deviations shall identify the probable cause of the devi ations and any corrective actions or preventative measures taken. “Promptly,” for purposes of reporting, shall mean as
follows:

(i) A deviation caused by excess emissions shall be reported according to the requirements of Section
25.6.1.

(ii) A deviation from a permit requirement that poses a potential imminent and substantial danger to public health, safety, or the environment, if violated, shall be reported according to the requirements of Se ction 25.6.2; a nd

(iii) All other deviations shall be reported within six (6) months of the date the permittee first learns of the
deviation

.
(C) 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. Th is 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

.
(5) Claims of confidentiality shall be govern ed by Section 12.6.

(e) Acid Rain Allowances. For Title IV affected sources, a permit cond ition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated
thereunder:

(1) No permit revisio n 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 under any other applicable requirement.

(2) No limit shall be placed on t he number of allowances held by the source. The source may not, however, use allowances as aAdopted 05

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- 19 defense to noncompliance with any other applicable requir ement.

(3) Any such allowance shall be accounted for according to the procedures established in regulations pr omulgated under Title
IV of the Act

.
(f) A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit;

(g) Standard provisions stating the following:

(1) The permittee must comply with all conditions of the Part 70 Operating Permit. Any permit noncompliance may constitute a violation of these AQRs, Nevada law, and the Act, and is grounds for any of the following: enforcement action; permit termination; revocation and re

- issuance; revision; or denial of a permit renewal application.

(2) The need to halt or reduce activity is not a defense. 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 a ctiv ity in order to maintain compliance with the conditions of this permit.

(3) 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, or term ination, or of a notification of planned changes or anticipated nonco mpliance, does not stay any permit condition.

(4) The permit does not convey any property rights of any sort, or any exclusive privilege.

(5) The permittee shall furnish to the Control Officer, w ithin a re asonable time, any information that the Control Officer may r equest in writing to determine whether cause exists for revising, revoking and reissuing, or terminating the permit, or to dete rmine compliance with the permit. Upon request, the permit tee shall also furnish to the Control Officer copies of records r equired to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the Administrator along with a claim of confidentiality.

(6) On a timely basis, the permittee shall meet all applicable r equirements that become effective during the permit termAdopted 05

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- 20 (h) Emission Fee. A provision to ensure that the source pays fees co nsistent with Section 18;

(i) Emissions Programs. A provision stating that no per mit revision shall be required, under any approved economic incentives, marke table permits, emissions trading, and other similar programs or processes, for changes that are provided for in the permit;

(j) Alternative Operating Scenarios. Terms and conditions f or reaso nably anticipated operating scenarios identified by the source in its application as approved by the Control Officer. Such terms and co nditions:

(1) Shall require the source, contemporaneously with making a change from one operating scenario to another , to record in a log at the permitted facility a record of the scenario under which it is operating;

(2) Shall extend the permit shield to all terms and conditions under each such operating scenario; and

(3) Must ensure that the terms and conditions of each such a ltern ative scenario meet all applicable requirements and the requir ements of Section 12.5.

(k) Emissions Trading. Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility, to th e extent that the applicable requirements and the Nevada SIP provide for trading such increases and decrea ses without a case

- by

- case approval by the Control Officer and the trading is necessary solely for the purpose of complying with a fede rally enforceab le emissions cap that is established in the permit ind ependent of any otherwise applicable requirements. Such terms and
conditions:

(1) Shall include all terms required to determine compliance, inclu ding replicable procedures and permit terms that ensure that emissions trades are quantifiable and enforceable;

(2) Shall extend the permit shield to all terms and conditions that a llow such increases and decreases in emissions; and

(3) Shall ensure that the terms and conditions meet all applicable requirements and that th e permitting of affected sources occurs
in accordance with the deadlines in Title IV of the Act and the regulations promulgated thereunder.Adopted 05

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- 21 (l) Any application form, report, or compliance certification submitted pursuant to these AQRs shall contain certificati on by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this part shall state that, based on information and belief formed after reasonable inquiry, the stat ements and information in the document are true, accurate, and co mplete; and

(m) The permit shall specify that any person who has been issued a permit under Section 12.5 shall post such permit in a location which is clearly visible and accessible to the facility’s employees and repr ese ntatives of the department.

12.5.2.7 Permit Content: Federally Enforceable Requirements

(a) Except as provided in paragraph (b) of Section 12.5.2.7, all terms and conditions in a Part 70 Operating Permit, including any prov isions designed to limit a source’s PTE, are e nforceable by EPA and by citizens pursuant to a citizen's suit filed under the Act.

(b) Notwithstanding paragraph (a) of Section 12.5.2.7, applicable r equirements that are not required by the Act or implementing federal regulations shall be included in the per mit, but shall be specifically designated as being not federally enforceable and not enforceable by a citizen's suit pursuant to the Act and shall be designated as “cou nty

- only requirements.” Terms and conditions so designated are not subject to the requir ements that apply to permit review by EPA and
affected states.

(c) The Control Officer shall determine which conditions are “county

- only requirements” in each Part 70 Operating Permit.

12.5.2.8 Permit Content: Compliance Requirements

All Part 70 Operating Permits shall contain all of the following elements with respect to compliance:

(a) Compliance certification, testing, monitoring, reporting, and recor dkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document, includin g any report, r equired to be submitted pursuant to Section 12.5.2 shall contain a ce rtification by a responsible official that meets the requirements of Se ction 12.5.2.4;

(b) Inspection and entry requirements that require that, upon present ation of credentials and other documents as may be required by law, the permittee shall allow the Control Officer or an authorized repr e-Adopted 05

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- 22 sentative to enter the permittee’s premises where a Part 70 source is located or emissions related activity is conducted and to:

(1) Have acces s to and copy any records that must be kept under the conditions of the permit;

(2) Inspect any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;

(3) Sample or monitor substances or parameters for the purpose of assuring compliance with the permit or applicable requirements;
and

(4) Document alleged violations using devices such as cameras or video equipment.

(c) A schedule of compliance consistent with paragraph (j) of Section 12.5.2.3 and 40 CFR 70.5(c)(8);

(d) Progress reports consistent with an applicable schedule of co mpliance to be submitted semiannually, or at a more frequent period if specified in the applicable requirement or by the Control Officer. Such progress reports sh all contain all of the following:

(1) Dates for achieving the activities, milestones, or compliance r equired in the schedule of compliance, and dates when such a ctivities, milestones, or compliance were achieved; and

(2) An explanation of why any dates in the sche dule of compliance were not or will not be met, and any preventive or corrective measures adopted.

(e) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Pe rmits shall include all of the following:

(1) Annual submission of compliance certification, or more frequen tly if specified in the applicable requirement or by the Control O fficer;

(2) In accordance with paragraph (d) of Section 12.5.2.6, a means for monitoring t he compliance of the source with its emission l imitations, standards, and work practices;

(3) A requirement that the compliance certification include all of the following (provided that the identification of applicable inform a-Adopted 05

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- 23 tion may reference the permit or p revious reports, as applic able):

(A) The identification of each term or condition of the permit that is the basis of the certification;

(B) The identification of the methods or other means used by the owner or operator for determining the compliance st atus with ea ch term and condition during the certification p eriod. The methods and means shall include, at a minimum, the monitoring and related recordkeeping and reporting r equirements described in 40 CFR 70.6(a)(3). If necessary, the owner or operator also shall ide ntify any other material
information that must be included in the certification to comply with Section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material information;

(C) The status of compliance with the terms an d conditions of the permit for the period covered by the certification, i nclu d ing whether compliance during the period was cont inuous or intermittent. 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 devi ation and take it into account in the compliance certification. The certification shall also identify, as possible exceptions to compliance, any periods during which compliance is r equired and in which an exc ursion or exceedance (as d efined under 40 CFR Part 64) occurred; and

(D) Such other facts as the Control Officer may require to d etermine the compliance status of the source.

(4) A requirement that all compliance certifications be submitted to
EPA as well as to t he Control Officer.

(f) Such additional requirements as may be specified pursuant to Se ction 114(a)(3) of the Act, “Enhanced Monitoring and Compliance Ce rtification,” and Section 504(b) of the Act, “Monitoring and Analysis.”

12.5.2.9 Permit Content: Permit Shield

(a) Except as otherwise provided in Section 12.5.2.9, the Control Officer may include in each Part 70 Operating Permit a permit shield prov ision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requiremen ts as of the date of permit issuance, provided that:Adopted 05

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- 24 (1) Such applicable requirements are included and are specifically identified in the permit; or

(2) The Control Officer, in acting on the permit application or rev ision, determines in writing that other requirem ents specifically identified are not applicable to the source, and the permit i ncludes the determination or a concise summary thereof.

(b) A Part 70 Operating Permit that does not expressly state that a pe rmit shield exists shall be presumed not to provide suc h a shield.

(c) Nothing in this paragraph or in any operating permit shall alter or a ffect any of the following:

(1) The provisions of Section 303 of the Act, “Emergency Orders,” including the authority of the Administrator under that section;

(2) The applicable requi rements of the Acid Rain Program, consi stent with Section 408(a) of the Act;

(3) The ability of the Control Officer to obtain information from a source, and the ability of EPA to obtain information from a source, under Section 114 of the Act, “Inspection, Mon itoring, and Entry”; and

(4) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit i ssuance.

12.5.2.10 Permit Issuance: Action on Application

(a) A permit, permit revision, or renewal may be approved only if all of the following conditions have been met:

(1) The Control Officer has received a complete application for a permit, permit revision, or permit renewal, except that a co mplete application need not be received before a Part 70 general permit is is sued pursuant to Section 12.5.2.20;

(2) 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 a pplicable requirements for pu blic participation in Section 12.5.2.17;

(3) The Control Officer has complied with the requirements for not ifying and responding to EPA and affected states under par agraph (b) of Section 12.5.2.18;Adopted 05

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- 10 CC Air Quali ty Regulations 12.5

- 25 (4) The conditions of the permit provide for compliance with all a pplicable requirements and the requirements of Section 12.5; and

(5) EPA has received a copy of the proposed permit or permit rev ision and any notices required under paragraphs (a) and (b) of Section 12.5.2.18, and has not objected to issuance of the pe rmit under paragraph (c) of Section 12.5.2.18 within the time p eriod specified therein.

(b) Except as provided under regulations promulgated under Title IV of the Act for the permitting of Title IV affected sources under the Acid Rain Program, the Control Officer s hall take final action on each permit application, including a request for permit revision or renewal, within eighteen (18) months after receiving a complete application.

(c) The Control Officer shall provide a statement that sets forth the legal
and factual b asis for the draft permit conditions, including references to the applicable statutory or regulatory provisions or conditions in an applicable Authority to Construct Permit. The Control Officer shall send this statement to EPA along with each proposed Part 70 Ope rating Permit and to any other person who requests it.

(d) Upon issuance of a Part 70 Operating Permit or revision to that pe rmit, any Authority to Construct Permit issued for an emissions unit subject to that permit or revision is terminated for that e missions unit. However, the terms and conditions of the Authority to Construct Permit remain in effect, in accordance with paragraph (b) of Section
12.5.2.6.

(e) The submittal of a complete application shall not affect the requir ement that any source have a pr econstruction permit under Title I of
the Act.

12.5.2.11 Permit Renewal and Expiration

(a) Permits being renewed are subject to the same procedural requir ements, including those for public participation and affected state and EPA review, that apply to initial permit iss uance.

(b) Permit expiration terminates the source’s right to operate unless a timely and complete renewal application has been submitted.

(c) If a timely and complete renewal application is submitted and the Control Officer fails to issue or deny the renewal perm it before the end of the term of the current permit, then all of the terms and cond itions of the current permit, including the permit shield, shall remain in
effect until renewal or denial.Adopted 05

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- 26 (d) Except as provided in paragraph (b) of Section 12.5.2.12 and par ag raphs (a) and (b) of Section 12.5.2.14, no Part 70 source may ope rate after the time that 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 ti mely and complete application for permit issuance (including for renewal), the source’s failure to have a Part 70 Operating Permit is not a violation of Section 12.5 until the Control Officer takes final action on the permit applic ation. This protection sh all cease to apply if, subsequent to the co mpleteness determination, the applicant fails to submit, by the deadline specified in writing by the Control Officer, any additional information identified as being needed to process the application.

12.5.2.12 Permit Revisi on: Changes that Do Not Require a Permit Revision

(a) A Part 70 source may make changes that are not addressed or pr ohibited by the permit without a permit revision, unless such changes are subject to any requirements under Title IV of the Act or are mo difications under any provisions of Title I of the Act.

(1) Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition.

(2) 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 under Section 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 tha t would apply as a result of the change.

(3) The change shall not qualify for a permit shield.

(4) The permittee shall keep a record describing changes made at the source that result in emissions of a regulated air pollutant subject to an applicable requirement, b ut not otherwise reg ulated under the permit, and the emissions resulting from those changes.

(b) A Part 70 source may make changes without requiring a permit rev ision if the changes are defined as Section 502(b)(10) changes under the Act, are not modifications under any provisions of Title I of the Act, and do not exceed the emissions allowable under the permit (whether expressed in the permit as a rate of emissions or in terms of total emissions). For each such change, the written notification r equired by para graph (a)(2) of Section 12.5.2.12 shall apply. The change shall not qualify for a permit shield.Adopted 05

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- 27 12.5.2.13 Permit Revision: Administrative Permit Revision

(a) An administrative permit revision is a permit revision that:

(1) Corrects typographical errors;

(2) Identifies a chang e in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

(3) Requires more frequent monitoring or reporting by the permi ttee;

(4) Allows for a change in ownership or operationa l control of a source if the Control Officer determines that no other change in the permit is necessary, provided that a written agreement co ntaining a specific date for transfer of permit responsibility, co verage, and liability between the current and new permittee has been submitted to the Control Officer and the permit transfer procedures in Section 12.12 have been complied with;

(5) Incorporates into the permit the terms and conditions of an A uthority to Construct Permit for a modification if the terms and conditions were subject to the procedures prescribed by Section 12.2.16.6; or

(6) Incorporates into the permit the terms and conditions in an A uthority to Construct Permit issued pursuant to Sections 12.4.3.3 or 12.4.3.4 if the terms and conditions were adopte d under the procedures prescribed by Section 12.2.16.6.

(b) Administrative permit revisions for purposes of the “acid rain” portion of the permit shall be governed by regulations promulgated under
Title IV of the Act.

(c) Administrative Permit Revisions Procedures

. An administrative permit revision may be made by the Control Officer consistent with the following:

(1) The Control Officer shall take no more than sixty (60) days from receipt of a request for an administrative permit revision to take
final action on such r equest, and may incorporate such changes without providing notice to the public or affected states, provided that the Control Officer designates any such permit revisions as having been made pursuant to an administrative permit revision.

(2) The Control Offic er shall submit a copy of the revised permit to
EPA.Adopted 05

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- 28 (d) The source may implement the changes addressed in the request for an administrative revision immediately upon submittal of the request.

(e) The Control Officer shall, upon taking final action for an administ r ative permit revision, allow coverage by the permit shield for admini strative permit revisions made pursuant to paragraph (a)(5) of Section 12.5.2.13 which meet the relevant requirements of paragraph (c) of Section 12.5.2.13 and paragraph (c) of Section 1 2.5.2.14 for signif icant permit revisions.

12.5.2.14 Permit Revisions: Minor and Significant

A significant permit revision is any revision to a Part 70 Operating Permit that cannot be accomplished under the Section 12.5.2.14 provisions for m inor or administrative p ermit revisions. Any permit revision for purposes of the “acid rain” portion of the permit shall be governed by regulations pro mulgated by the Administrator under Title IV of the Act and shall require a significant permit revision.

(a) Minor Permit Revision P rocedures.

(1) Criteria. Minor permit revision procedures may be used only for those permit revisions that:

(A) Do not violate any applicable requirement, including any provision of the Nevada SIP (including specific control strategies);

(B) Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;

(C) Do not require or change a case

- by

- case determination of an emission limitation or other standard, or a source

specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

(D) Do not seek to establish or change a permit term or cond ition for which there is no corresponding underlying appl icable requirement, and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such term or condition would include a federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Act, or an alternative emissions limit approved pu rsu ant to regulations promulgated under Section 112(i)(5) of the Act, “Early Reduction”;Adopted 05

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- 29 (E) Are not modifications under any provision of Title I of the Act; and

(F) Are not modifications subject to paragraph (a)(8) of Section
12.4.3.1.

(2) Emissions Trading. Minor permi t revision procedures may be used for permit revisions involving the use of economic ince ntives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor Part 70 Operating Permit revision procedures are explicitly provided for in the N evada SIP or an applicable requirement.

(3) Application. A permittee shall submit a standard application form provided by the department requesting a minor permit rev ision. The form shall include all of the following:

(A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(B) The source’s suggested draft minor permit revision la nguage;

(C) Certification by a responsible official that the proposed r evision meets the criteria for a minor permit revision; and

(D) The information the Control Officer needs in order to notify
EPA and affected states.

(4) EPA and Affected State Notification. Within five (5) working days of receipt of a complete minor permit revision applicati on, the Control Officer shall notify EPA and affected states of the requested permit revision.

(5) Timetable for Approval. The Control Officer may not issue a final permit revision approval until after EPA’s 45

- day review p eriod or until EPA has notified the C ontrol Officer that 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 co mplete application under minor permit revision procedures or fi fteen (15) days after the end of EPA’s 45

- day review period u nder this paragraph, whichever is later, the Control Officer shall:

(A) Issue the permit revision as proposed;

(B) Deny the permit revision;Adopted 05

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- 30 (C) Determine that the requested revision does not meet the minor permit revision criteria and shou ld be reviewed u nder the significant revision procedures; or

(D) Revise the draft minor permit revision and transmit to EPA the new proposed revision. Transmittal to EPA initiates the approval process described in paragraph (a) of Section
12.5.2.18.

(6) Source’s A bility to Make a Change. A Part 70 source may make the change proposed in its minor permit revision applic ation thirty (30) days after it files such application. After the source makes the change allowed by the preceding sentence, and until the Control Off icer takes any of the actions specified in paragraphs (a)(5)(A) through (a)(5)(D) of Section 12.5.2.14, the source must comply with both the applicable requirements promulgated by EPA governing the change and the proposed permit terms and conditions. Durin g 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 con ditions it seeks to modify may be enforced against it.

(7) Permit Shield. A permit shield shall not extend to minor permit
revisions.

(b) Group Processing of Minor Permit Revisions. Consistent with this paragraph, the Control Officer may modify the procedure outl ined in paragraph (a) of Section 12.5.2.14 to process groups of a source’s applications for certain modifications eligible for minor permit revision processing.

(1) Criteria. Group processing of modifications may be used only for those permit revisions:

(A) That a re minor permit revisions; and

(B) 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,

twe n ty (20) percent of the applicable definition of major

st a tionary source in Sections 12.2, 12.3, and 12.5, or five (5) tpy, whichever is less.

(2) Application. An application requesting the use of group processing procedures shall include the following:Adopted 05

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- 31 (A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(B) The source’s suggested draft permit revision language;

(C) Certification by a responsible official that the proposed revision meets the criteria for use of group process ing procedures, and a request that such procedures be used;

(D) A list of the source’s other pending applications awaiting group processing, and a determination of whether the r equested revision, aggregated with these other applic ations, equals or exceeds the threshold set under par agraph (b)(1)(B) of Section 12.5.2.14;

(E) Certification that the source has notified EPA of the pr oposed revision. Such notification need only contain a brief description of the requested revision; and

(F) Completed forms for the Control Of ficer to use to notify EPA and affected states of the revisions for which group processing is sought.

(3) EPA and Affected State Notification. On a quarterly basis or within five (5) business days of receipt of an application demo nstrating that the aggregate o f 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 of the requested permit revisions.

(4) Timetable for Issu ance. The provisions of paragraph (a)(5) of Section 12.5.2.14 shall apply to modifications eligible for group processing, except that the Control Officer shall take one of the specified actions within one hundred eighty (180) days of receipt of the applica tion or fifteen (15) days after the end of EPA’s 45

- day review period under paragraph (c) of Section 12.5.2.18,
whichever is later.

(5) Source’s Ability to Make a Change. The provisions of par agraph (a)(6) of Section 12.5.2.14 shall apply to modifications e lig ible for group processing.

(6) Permit Shield. Revisions eligible for group processing shall not be entitled to the permit shield.Adopted 05

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- 32 (c) Significant Permit Revision Procedures.

(1) Criteria. Significant permit revision procedures shall be used for applications requestin g 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 condition s, and every relaxation of reporting or recor dkeeping permit terms or conditions, shall be considered signif icant. Nothing herein shall be construed to preclude the permi ttee from making changes consistent with this part that would render existing permit c ompliance terms and conditions irrel evant.

(2) Significant permit revisions shall meet all requirements for i ssuance and renewal of a Part 70 Operating Permit under Se ctions 12.5.2.10 and 12.5.2.11, including those for applications, public participation, revie w by affected states, and review by EPA, as they apply to permit issuance and permit renewal. The Control Officer shall complete review on the majority of signif icant permit revisions within nine (9) months after receipt of a complete application.

12.5.2.15 Permit R evision: Reopening for Cause

(a) Each Part 70 Operating Permit shall include provisions specifying the conditions under which the permit will be reopened prior to the exp iration of the permit. A permit shall be reopened and revised under any of the following c ircumstances:

(1) 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) with a remaining permit term of three (3) or more years. Such a reopening shall be comp leted not later than eighteen (18) months after promulgation of the applicable requirement. No such reopening is required if the e ffective date of the 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;

(2) Additional requirements (including excess emissions requir ements) become applicable to an affected source under the Acid Rain Program. Upon approval by the Administrato r, excess emissions offset plans shall be deemed to be incorporated into the permit;Adopted 05

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- 33 (3) The Control Officer or EPA determines that the permit contains
a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or cond itions of the permit; or

(4) The Administrator or the Control Officer determines that the permit must be revised or revoked to assure compliance with the applicable requirements.

(b) PAL conditions are to be revised under Section 12.3.9.8 or par agrap h (b) of Section 12.2.19.8

(c) Proceedings to reopen and issue a permit shall follow the same pr ocedures as apply to initial permit issuance, and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expe ditiously as practicable.

(d) Reopenings under paragraph (a)(1) of Section 12.5.2.15 shall not be initiated before a notice of such intent is provided to the source by the Control Officer at least thirty (30) days in advance of the date that the permit is to b e reopened, except that the Control Officer may pr ovide a shorter time period in the case of an emergency.

12.5.2.16 Permit Revision: Reopenings for Cause by EPA

(a) The Control Officer shall, within ninety (90) days after receipt of not ification that EPA finds that cau se exists to terminate, revise, or r evoke and reissue a permit, forward to EPA a proposed determination of termination, revision, or revocation and reissuance, as appropriate. The Control Officer may request a 90

- day extension if a new or r evised permit ap plication is necessary or if the Control Officer dete rmines that the permittee must submit additional information.

(b) The Administrator will review the proposed determination from the permitting authority within ninety (90) days of receipt.

(c) The Control Officer shall have ninety (90) days from receipt of an EPA objection to resolve the objection and to terminate, revise, or r evoke and reissue the permit in accordance with the Administrator’s objection.

(d) If the Control Officer fails to submit a proposed det ermination pu rsuant to paragraph (a) of Section 12.5.2.16, or fails to resolve the Administrator’s objection pursuant to paragraph (b) of Section 12.5.2.16, the Administrator will terminate, modify, or revoke and reissue the permit after taking the followi ng actions:Adopted 05

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- 34 (1) Providing at least thirty (30) days’ notice to the permittee in wri ting of the reasons for any such action. This notice may be given during the procedures in paragraphs (a) through (c) of Section 12.5.2.16; and

(2) Providing the permittee an oppor tunity for comment on the A dministrator’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 oppo rtunity for a hearing on initial permit issuance, significant revision s, reope nings for cause, and renewals in accordance with the following procedures.

(a) Notice shall be given by publication in a newspaper of general circ ulation in the area where the source is located; to persons on a mai ling list developed by the Control Of ficer, including those who request in writing to be on the list; and by other means if necessary to assure adequate notice to the affected public.

(b) The notice shall identify the Part 70 source; the name and address of the permittee; the activity or activiti es involved in the permit action; the emissions change involved in any permit revision; the name, a ddress, and telephone number of a person from whom interested pe rsons may obtain additional information, including copies of the permit draft, the applicatio n, all relevant supporting materials (including any compliance plan or compliance and monitoring certifications), and all
other materials available to the Control Officer that are relevant to the permit decision; a brief description of the comment procedur es; and the time and place of any hearing that may be held, including a statement of procedures to request a hearing, unless a hearing has already been scheduled.

(c) The Control Officer shall provide such notice and opportunity for pa rticipation by affected s tates as provided for by Section 12.5.2.18.

(d) 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 of the hearing.

(e) The Control Officer shall ke ep a record of the commenters and also of the issues raised during the public participation process, and such records shall be available to the public and to EPA.Adopted 05

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- 35 12.5.2.18 Permit Review by EPA and Affected States

(a) Transmission of Information to EPA.

(1) The Control Off icer shall provide to EPA a copy of each permit application, including any application for permit revision, each proposed permit, and each final operating permit, unless the Administrator has waived this requirement for a category of sources, including any class, type, or size within such category. The applicant may be required by the Control Officer to provide a copy of the permit application, including the compliance plan, directly to EPA. Upon agreement with EPA, the Control Officer may submit to EPA a p ermit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete permit application and compliance plan. To the extent practicable, the preceding information shall be provided in a computer

- rea dable format compatible with EPA’s national database management system.

(2) The Control Officer shall keep for five (5) years such records and submit to EPA such information as EPA may reasonably require to ascertain whether the Operating Permit Program compli es with the requirements of the Act or of 40 CFR Part 70.

(b) Review by Affected States

(1) The Control Officer shall give notice of each draft permit to any affected state on or before the time that the Control Officer pr ovides this notice to the public under par agraph (a) of Section 12.5.2.17, except to the extent that paragraphs (a) or (b) of Se ction 12.5.2.14 requires the timing of the notice to be different.

(2) The Control Officer, as part of the submittal of the proposed permit to EPA, or as soon as possible aft er the submittal for m inor permit revision application, shall notify EPA and any a ffected state in writing of any refusal by the Control Officer to a ccept all recommendations for the proposed permit that the affected state submitted during the public or af fected state r eview period. The notice shall include the Control Officer’s re asons for not accepting any such recommendation. The Control Officer is not required to accept recommendations that are not based on applicable requirements or the provisions of S ection
12.5.2.

(c) EPA Objection

(1) If EPA objects to the issuance of a permit in writing within forty

five (45) days of receipt of the proposed permit and all nece s-Adopted 05

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- 36 sary supporting information, then the Control Officer shall not i ssue the permit.

(2) Failure of the Control Officer to do any of the following shall constitute grounds for an objection by EPA:

(A) Comply with paragraph (a) or (b) of Section 12.5.2.18;

(B) Submit any information necessary to adequately review the proposed permit; or

(C) Process the permit under the procedures in Section
12.5.2.17.

(3) If the Control Officer fails, within ninety (90) days after the 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 requi rements of the federal program promulgated under 40 CFR Part 71.

(d) Public Petitions to EPA. If EPA does not object in writing under p aragraph (c) of Section 12.5.2.18, any person may petition EPA under the provisions of 40 CFR 70.8(d) within sixty (60) days after the exp iration 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 doe s not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45

- day review period and prior to an EPA objection. Any such petition shall be based only on objections to the permit that were raised with
reasonabl e specificity during the public comment period provided for in Section 12.5.2.17, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the Control Officer has issued a permit prior to receipt of an EPA objection under this paragraph, EPA may modify, terminate, or revoke such permit consistent with the procedures in 40 CFR 70.7(g), except in unusual circumstances, and the Control Officer may thereafter issue only a revised permit that satisfies EPA’s objection. In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.

(e) Prohibition on Default Issuance. The Control Officer shall n ot issue an operating permit, including a permit renewal or revision, until a ffected states and EPA have had an opportunity to review the pr oposed permit as required under Section 12.5.2.18.Adopted 05

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- 37 12.5.2.19 Temporary Sources

(a) The Control Officer may issue a single permit authorizing emissions from similar operations by the same source owner or operator at mu ltiple temporary locations. The operation must be temporary and i nvolve at least one (1) change of location during the term of the pe rmit. No acid rain source or a sour ce subject to the provisions of Section 112 of the Act shall be permitted as a temporary source. Permits for temporary sources shall include the following:

(1) Conditions that will assure compliance with all applicable r equirements at all authorized locations;

(2) Requirements that the owner or operator notify the Control O fficer at least ten (10) days in advance of each change in loc ation; and

(3) Conditions that assure compliance with all other provisions of
Section 12.

12.5.2.20 Part 70 General Permit

(a) The Control Officer may, after notice and opportunity for public parti cipation provided under 40 CFR Part 70.7(h), issue a Part 70 general permit covering numerous similar Part 70 sources.

(b) Any general permit shall comply with all requirements applicable to other Part 70 Operating Permits and shall identify criteria by which sources may qualify for the general permit. To sources that qualify, the Control Officer shall grant the conditions and terms of the general permit. Notwithstanding the shield provisions of Section 12.5.2.9, th e source shall be subject to enforcement action for operation without a Part 70 Operating Permit if the source is later determined not to qua lify for the conditions and terms of the general permit. General pe rmits shall not be authorized for affected sourc es under the Acid Rain Program unless otherwise provided in regulations under Title IV of
the Act.

(c) Part 70 sources that would qualify for a general permit must apply to the Control Officer for coverage under the terms of the general pe rmit, or must apply f or an individual Part 70 Operating Permit. The Control Officer may, in the general permit, provide for applications which deviate from the requirements of Section 12.5.2.3, provided that such applications meet the requirements of Section 12.5.2.20
and incl ude all information necessary to determine qualification of, and to assure compliance with, the general permit. Without repeating the public participation procedures required under Section 12.5.2.17, the Control Officer may grant a source’s request for aut horization toAdopted 05

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- 38 operate under a general permit, but such a grant shall not be a final permit action for purposes of judicial review.

(d) If the Administrator does not object within forty

- five (45) days after receiving a proposed Part 70 general permit which cove rs stationary Sources that would otherwise be required to apply for individual Part 70 Operating Permits, the general permit becomes effective at the
end of the 45

- day period. If the Administrator objects to the general permit, the Part 70 general permit b ecomes effective only when the objection is resolved.

(e) After the effective date of a Part 70 general permit, the owner or o perator of any stationary source that meets the criteria set forth in the Part 70 general permit may request authority to operate unde r the Part 70 general permit. The request must be in writing and must i nclude all information required by the Part 70 general permit.

History: Adopted May 18, 2010