1 

United States Environmental Protection Agency, Region IX 

Air Division

75 Hawthorne Street 

San Francisco, CA 94105

TITLE V PERMIT TO OPERATE

Permit Number: FM-ROP 07-01 

In accordance with the provisions of Title V of the Clean Air Act and 40 C.F.R. Part 71 

and applicable rules and regulations, 

South Point Energy Center (SPEC) 

Mohave Valley, AZ 

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. Terms and conditions 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. 

If all proposed control measures and/or equipment are not installed and properly operated 

and maintained, this will be considered a violation of the permit. 

This permit is valid for a period of five (5) years and shall expire at midnight on the date 

five years after the date of issuance unless a timely and complete renewal application has been 

submitted at least six months but not more than eighteen months prior to the date of expiration. 

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

facility. 

 

Date Deborah Jordan 

Director, Air Division 

EPA Region IX 

 
2 

Abbreviations and Acronyms

AR Acid Rain 

ARP Acid Rain Program 

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

CAM Compliance Assurance Monitoring 

CFR Code of Federal Regulations 

EIP Economic Incentives Program 

E/U Emission Unit 

gal gallon 

HAP Hazardous Air Pollutant 

hr hour 

Id. No. Identification Number 

kg kilogram 

lb pound 

MACT Maximum Achievable Control Technology 

MVAC Motor Vehicle Air Conditioner 

Mg megagram 

MMBtu million British Thermal Units 

mo month 

NESHAP National Emission Standards for Hazardous Air Pollutants 

NOx Nitrogen Oxides 

NSPS New Source Performance Standards 

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 

SPEC South Point Energy Center 

TSP Total Suspended Particulate 

U.S. EPA or EPA United States Environmental Protection Agency 

VOC Volatile Organic Compounds 

 
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TABLE OF CONTENTS 

Cover Page 

Abbreviations and Acronyms 

I. Source Identification 

A. General Information 

B. Emission-Generating Units and Activities 

II. Requirements for Specific Units 

A. Emission Limits 

B. Work Practice and Operational Requirements 

C. Acid Rain Requirements 

D. Monitoring and Testing Requirements 

E. Recordkeeping Requirements 

F. Reporting Requirements 

G. NSPS General Provisions 

H. New Source Performance Standards 

I. Operational Flexibility 

III. Facility-Wide or Generic Permit Conditions 

A. Testing Requirements 

B. Recordkeeping Requirements 

C. Reporting Requirements 

D. Stratospheric Ozone and Climate Protection 

E. Chemical Accident Prevention 

F. Asbestos from Demolition and Renovation 

G. Compliance Schedule 

H. Treatment of Emissions 

I. Other Applicable Regulations 

IV. Title V Administrative Requirements 

A. Fee Payment 

B. Blanket Compliance Statement 

C. Compliance Certifications 

D. Duty to Provide and Supplement Information 

E. Submissions 

F. Severability Clause 

G. Permit Actions 

H. Reopening for Cause 

I. Property Rights 

J. Inspection and Entry 

K. Emergency Provisions 

L. Transfer of Ownership or Operation 

M. Off Permit Changes 

N. Permit Expiration and Renewal 

O. Administrative Permit Amendments 
4 

P. Minor Permit Modifications 

Q. Significant Modifications 

Attachment A: U.S. EPA Acid Rain Permit Application 

 
5 

I. Source Identification 

I.A. General Information 

Parent Company name: Calpine Corporation 

 

Parent Company Mailing Address: P.O. Box 11749 

City: Pleasanton State: CA Zip: 94598-1749 

Plant Name: South Point Energy Center 

City: Mohave Valley State: AZ 

County: Mohave 

 

EPA Region: IX 

Reservation: Fort Mojave Indian Tribe 

Company Contact: James Doherty Phone: (928) 346-7000 

Plant Manager/Contact: same Phone: same 

Responsible Official: James Doherty Phone: (928) 346-7000 

 

Tribal Contact: Nora Helton Phone: (760) 629-4591 

SIC Code: 4911 

 

AFS Plant Identification Number: 04-015-MOJ01 

 

Description of Process: natural gas fired combined cycle electrical generating plant 

 
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I.B. Emission-Generating Units and Activities 

Emission Unit 

I.D. No. 

Unit Description Associated Control Equipment 

E/U 01 Combined Cycle System 1 

(natural gas-fired turbine and heat 

recovery system generator) 

Selective Catalytic Reduction 

(SCR) 

E/U 02 Combined Cycle System 2 

(natural gas-fired turbine and heat 

recovery system generator) 

Selective Catalytic Reduction 

(SCR) 

E/U 06 Mechanical-draft cooling tower Drift Eliminator 

II. Requirements for Specific Units 

II.A. Emission Limits 

1. The actual ton per year emissions from the entire facility, including startups and 

shutdowns, shall not exceed the allowable emissions listed in Table X-E-1 of the PSD 

Permit, based on a 12-month rolling average. [EPA PSD Permit AZ-98-01, Condition 

X.E.1] 

Table X-E-1 

Facility Allowable Emissions (tons per year) 

NOx CO SO2 VOC PM10

271.7 1297.6 39.9 439 186.5 

2. The actual hourly emissions from each emission unit shall not exceed the allowable 

emissions listed in Table X-E-2 of the PSD Permit, based on a 3 hour rolling average for 

NOx, PM10, CO, SO2, and VOCs, excluding periods of startup and shutdown and during 

specified periods of equipment shakedown prior to commercial operation. [EPA PSD 

Permit AZ-98-01, Condition X.E.2] 

Table X-E-2 of the PSD Permit 

Emission Unit Allowable Emissions (lb/h) 

E/U ID NOx CO1SO2 VOC PM10

01 22.4 

24.0a

46.7 

158.3a

4.47 

4.72a

83.1 18.3 

22.8a

02 22.4 

24.0a

46.7 

158.3a

4.47 

4.72a

83.1 18.3 

22.8a

1 During startup periods, as defined below, allowable CO emissions will be 3,000 lbs/hr. 

a These emission limits for NOx, CO, SO2, and PM10 shall apply only during operations with 

supplemental heat (duct firing) and/or power augmentation with steam. Operation of E/Us 01 or 02 

with supplemental heat (duct firing) and/or power augmentation with steam is limited to 3,000 hours 

per year each.
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3. The NOx emissions from E/Us 01 and 02 shall not exceed 3.0 ppmvd @ 15 percent O2

per unit, based on a 3 hour rolling average. [EPA PSD Permit AZ-98-01, Condition 

X.E.3, 40 CFR 60.332(a)(1)] 

4. The CO emissions from E/Us 01 and 02 shall not exceed 10.0 ppmvd @ 15 percent O2

and 35.0 ppmvd @ 15 percent O2 per unit during base load operation and base load 

operation with duct firing and/or power augmentation with steam, respectively, based on 

a 3 hour rolling average. [EPA PSD Permit AZ-98-01, Condition X.E.4] 

5. The PM10 emissions from E/U 01 and 02 shall not exceed 18.3 lbs/hr during normal 

operations and 22.8 lbs/hr during duct firing and/or power augmentation with steam. 

[EPA PSD Permit AZ-98-01, Condition X.E.5] 

6. The emission limits in Conditions X-E-2 of the PSD Permit shall apply at all times to 

E/Us 01, and 02; except during conditions of startup and shutdown and during specified 

periods of equipment shakedown prior to commercial operation. Startup and shutdown 

periods shall not exceed 480 hours per year per E/U. Each startup episode shall be limited 

to a maximum of 4 hours. During periods of startup, the emissions of CO shall not 

exceed 3,000 pounds per hour and 4,800 pounds per startup event. [EPA PSD Permit AZ98-01, Condition X.E.6] 

II.B. Work Practice and Operational Requirements

1. The permittee shall not burn any fuel in the gas turbines which contains sulfur in excess 

of 0.8 percent by weight (8000 ppmw). [40 CFR § 60.333(b)] 

2. The permittee shall install, continuously operate, and maintain the following air pollution 

controls and operations to minimize emissions at or below the levels specified in 

Condition X-E of the PSD Permit. The aforementioned “continuous” periods of operation 

do not include periods of startup, shutdown, and malfunction. [EPA PSD Permit AZ-98-

01, Condition X.B.] 

a. The permittee shall install and continuously operate Selective Catalytic Reduction 

(SCR) systems on E/Us 01 and 02 for control of NOx. 

b. The permittee shall use good combustion control operation on E/Us 01 and 02 for 

control of VOC emissions. 

c. The permittee shall use good combustion control operation on E/Us 01 and 02 for 

control of PM10 emissions. In addition, the permittee shall monitor and record the 

ammonia slip levels resulting from the operation of the SCR system using the CEM 

required in Condition II.B.3 of this permit. Thirty six months after commercial 

operations begin, and upon completion of the fourth performance test for PM10, the 

permittee shall evaluate the relationship between PM10 emission levels and the 

degradation (if any) of ammonia slip levels to determine if substantial PM10

reductions can be achieved by replacing the SCR catalyst. This analysis shall be 
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submitted to EPA within 45 days from the completion of the PM10 source test. The 

permittee will be required to replace the SCR catalyst unless it can adequately 

demonstrate, based on the analysis, that no significant PM10 reductions would be 

gained by doing so. The permittee may request an extension of up to one year for 

catalyst replacement. EPA may grant an extension of up to one year if the analysis 

shows that there is no significant benefit to be gained with respect to PM10 emissions 

by replacing the SCR catalyst. If the extension is granted, the permittee may re-apply 

for additional extensions at the end of each extension period based on renewed 

analyses. 

d. The permittee shall use Fuel Injection Timing Retardation on the diesel fire pump 

engine (E/U 04) to minimize NOx emissions. 

e. The permittee shall use good combustion control operation on the diesel fire pump 

engine (E/U 04) for control of CO, VOCs, and PM/PM10 emissions. 

f. The permittee shall use a clean burn configuration on the emergency generator set 

(E/U 03), including a fuel rich combustion stoichiometry and burning natural gas 

exclusively for control of NOx, CO, and VOCs emissions. 

g. The permittee shall install and continuously operate high efficiency drift eliminators 

on the cooling tower (E/U 06) for control of PM/PM10 emissions. 

3. The permittee shall restrict fuel use for the operation of the combustion turbines, 

supplemental duct firing, and the emergency generator (E/Us 01, 02, and 03) to pipeline 

quality natural gas. [EPA PSD Permit AZ-98-01, Condition X.C.1] 

4. The Permittee shall restrict fuel use for the diesel fire pump engine (E/U 04) to that of 

No. 2 fuel oil with a maximum sulfur content of 0.05 percent by weight. [EPA PSD 

Permit AZ-98-01, Condition X.C.2] 

5. E/Us 01 and 02 shall each operate no more than 8,760 hours per year. Operations using 

steam augmentation shall be limited to no more than 3,000 hours per year per turbine. 

[EPA PSD Permit AZ-98-01, Condition X.C.3] 

6. The permittee shall restrict the operation of the emergency generator set E/U 03) to no 

more than 150 hours per year. [EPA PSD Permit AZ-98-01, Condition X.C.4] 

7. The permittee shall restrict the operation of the diesel fire pump engine (E/U 04) to 60 

minutes per 24 consecutive hours and no more than 50 hours per year. This restriction is 

not applicable during emergency situations. [EPA PSD Permit AZ-98-01, Condition 

X.C.5] 

8. All equipment, facilities, and systems installed or used to achieve compliance with the 

terms and conditions of the PSD Permit shall at all times be maintained in good working 

order and be operated as intended so as to minimize air pollutant emissions to levels at or 

below those contained in Condition X-E of the PSD Permit. [EPA PSD Permit AZ-98-
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01, Condition III.] 

II.C. Acid Rain Program Requirements [40 CFR Parts 72-76] 

1. The permittee shall comply with all the applicable requirements of the Acid Rain Permit 

Application located in Attachment A of this permit. 

2. This permit incorporates the definitions of terms in 40 CFR § 72.2. 

3. The Acid Rain Permit Application contained in Attachment A shall be in effect until the 

expiration of this permit. 

4. A timely renewal application is an application that is received at least six months prior to 

the permit expiration date. 

II.D. Monitoring and Testing Requirements 

1. The permittee shall install, certify, and operate Continuous Emissions Monitoring 

Systems (CEMS) on E/Us 01 and 02, consisting of a NOx concentration monitor, a CO 

concentration monitor, an NH3 (ammonia) monitor, and an O2 or CO2 diluent gas monitor 

in accordance with the applicable provisions of 40 CFR Part 75, Acid Rain Program. [40 

CFR § 60.8; EPA PSD Permit AZ-98-01, Condition X.D.1] 

2. The permittee shall install, certify, and operate equipment to monitor the fuel flow to the 

combustion turbine generators and the duct burners in accordance with the applicable 

provisions of 40 CFR Part 75, Appendix D, Acid Rain Program. [EPA PSD Permit AZ98-01, Condition X.D.2] 

3. The permittee shall apply to the EPA Regional Administrator, not later than 45 days 

following the completion of all certification tests, to use fuel flow as the SO2

measurement method in accordance with the applicable provisions of 40 CFR Part 75, 

Appendix D, Acid Rain Program. [EPA PSD Permit AZ-98-01, Condition X.D.3] 

4. The permittee shall install, certify, and operate equipment to monitor the operating hours 

of the emergency generator set (E/U 03) and diesel fire pump engine (E/U 04). [EPA 

PSD Permit AZ-98-01, Condition X.D.4] 

5. All CEMS shall undergo a performance evaluation to demonstrate that they meet the 

design and performance specifications, pass the field tests, and meet the installation 

requirements and the data analysis and reporting requirements specified in the applicable 

Performance Specifications of 40 CFR Part 75. (Appendix A). The CEMS performance 

evaluation shall be conducted prior to, during, or within thirty (30) days after the 

completion of the performance testing identified in Condition X-F of the PSD Permit. 

Results of the CEMS performance evaluation shall be submitted to the EPA Regional 

Administrator within sixty (60) days after completion. [EPA PSD Permit AZ-98-01, 

Condition X.D.5] 
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6. Within 60 days after achieving the maximum production rate of the affected emission 

units, but no later than 180 days after the initial startup of equipment (as defined in 40 

CFR § 60.2), and at such other times as specified by the Regional Administrator, the 

owner/operator shall conduct or cause to be conducted performance tests (as described in 

40 CFR § 60.8) for NOx, CO, SO2, VOCs, and PM10 on the exhausts of E/Us 01, and 02. 

The performance tests shall be conducted to demonstrate compliance with the emission 

limits specified in Conditions X-E-2, X-E-3, X-E-4 and X-E-5 for E/Us 01 and 02. The 

tests for NOx, SO2, CO, VOC, and PM10 shall be conducted on an annual basis and at the 

maximum operating capacity of the facilities being tested, in both normal and duct firing 

and power augmentation with steam modes. Upon written request from Calpine, EPA 

may approve the conduct of performance tests at a lower specified production rate. After 

initial performance tests and upon written request and adequate justification from 

Calpine, EPA may waive a specified annual test for the facility. [EPA PSD Permit AZ98-01, Condition X.F.1; 40 CFR § 60.335(b)] 

7. Performance tests of the emissions of NOx from the exhausts of E/Us 01 and 02 shall be 

conducted and results reported in accordance with the test procedures and methods set 

forth in 40 CFR § 60.8, 40 CFR Part 60 Subpart GG, and 40 CFR Part 60, Appendix A, 

Method 20. [EPA PSD Permit AZ-98-01, Condition X.F.2] 

8. Performance tests of the emissions of CO from the exhausts of E/Us 01 and 02 shall be 

conducted and results reported in accordance with the test procedures and methods set 

forth in 40 CFR § 60.8 and 40 CFR Part 60, Appendix A, Method 10. [EPA PSD Permit 

AZ-98-01, Condition X.F.3] 

9. Performance tests of the emissions of SO2 from the exhausts of E/Us 01 and 02 shall be 

determined by fuel analysis in accordance with the procedures and methods set forth in 

40 CFR § 60.8, 40 CFR Part 60 Subpart GG, and 40 CFR Part 60, Appendix A, Method 

20. [EPA PSD Permit AZ-98-01, Condition X.F.4] 

10. Performance tests of the emissions of VOCs from the exhausts of E/Us 01 and 02 shall be 

conducted and results reported in accordance with the test procedures and methods set 

forth in 40 CFR § 60.8 and 40 CFR Part 60, Appendix A, Methods 25A and 18. Method 

18 may be used to determine the methane fraction to subtract from Method 25A’s total 

hydrocarbons. [EPA PSD Permit AZ-98-01, Condition X.F.5] 

11. Performance tests of the emissions of PM10 from the exhausts of E/Us 01 and 02 shall be 

conducted and results reported in accordance with the test procedures and methods set 

forth in 40 CFR § 60.8, 40 CFR Part 60, Appendix A, and 40 CFR 51, Appendix M, 

Methods 5 or 201A (front-half) and Method 202 (condensable portion). [EPA PSD 

Permit AZ-98-01, Condition X.F.6] 

12. Thirty (30) days prior to such performance tests, the EPA Regional Administrator shall 

be notified in writing of the proposed date of the performance dates, and a performance 

testing protocol shall be submitted for approval. In lieu of the aforementioned 

performance test methods, equivalent methods may be used with prior written approval 

from the EPA Regional Administrator. [EPA PSD Permit AZ-98-01, Condition X.F.7] 
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13. For performance test purposes, sampling ports, platforms, and accesses shall be provided 

on E/Us 01, and 02 exhaust systems in accordance with 40 CFR § 60.8(e). [EPA PSD 

Permit AZ-98-01, Condition X.F.8] 

14. Monitoring of fuel nitrogen content shall not be required while natural gas is the only fuel 

fired in the gas turbine. [40 CFR § 60.334] 

15. The fuel sulfur content of the natural gas fired in the gas turbine shall not exceed 20 

grains/100 scf. The Permittee shall demonstrate compliance by: [40 CFR § 60.334(h)] 

a. Representative fuel sampling data as specified in section 2.3.1.4 or 2.3.2.4 of 

Appendix D to 40 CFR Part 75. 

i. On-going sampling of the fuel’s sulfur content is required annually and 

whenever the fuel supply source changes. 

ii. “Annual” sampling is defined as taking at least one sample within each 

calendar year. 

II.E. Recordkeeping Requirements

1. A file shall be maintained of all measurements including continuous monitoring system 

evaluations, all continuous monitoring system or monitoring device calibration checks, 

adjustments and maintenance performed on these systems or devices, performance and all 

other information required by 40 CFR Parts 60 or 75 recorded in a permanent form 

suitable for inspection. The file shall be retained for at least five (5) years following the 

date of such measurement, maintenance, reports, and records. [40 CFR § 71.6(a)(3)(ii); 

40 CFR § 60.7(f); EPA PSD Permit AZ-98-01, Condition X.G.1] 

2. The permittee shall record and maintain records of the daily operating hours of the diesel 

fire pump and the 12 month rolling operating hours of the diesel fire pump and 

emergency generator set. [EPA PSD Permit AZ-98-01, Condition X.G.2] 

3. A written report of excess emission shall be submitted to the EPA Regional 

Administrator postmarked by the 30th day following each semi-annual period. The report 

shall include the following: [EPA PSD Permit AZ-98-01, Condition X.G.3] 

a. The magnitude of excess emissions computed in accordance with 40 CFR 

§ 60.13(h), any conversion factor(s) used, and the date and time of 

commencement and completion of each event of excess emissions. 

b. Specific identification of each period of excess emissions that occurs during 

startups, shutdown, and malfunctions of the turbine systems. The nature and 

cause of any malfunction (if known) and the corrective action taken or 

preventative measures adopted shall also be reported. 
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c. The date and time identifying each period during which a CEMS was inoperative, 

repaired, or adjusted, except for zero and span checks. 

d. When no excess emissions have occurred or the CEMS have not been inoperative, 

repaired, or adjusted, such information shall be stated in the report. 

e. Excess emissions shall be defined as emissions exceeding the allowable emission 

limits contained in Condition X-E of the PSD Permit, as determined by the 

compliance methods listed in Condition X-F of the PSD Permit. 

4. The facility is subject to the recordkeeping and reporting requirements of the applicable 

New Source Performance Standards (NSPS) 40 CFR Part 60, as described in Condition 

X-H of the PSD Permit. [EPA PSD Permit AZ-98-01, Condition X.G.4] 

5. Records of sample analysis and fuel supply shall be retained for a period of five years, 

and be available for inspection by authorized EPA personnel. [40 CFR § 60.334] 

II.F. Reporting Requirements

1. The EPA Regional Administrator shall be notified by facsimile or electronic mail 

transmission within two (2) working days following the discovery any failure of air 

pollution control equipment, process equipment, or of a process to operate in a normal 

manner, which results in an increase in emissions above any allowable emission limit 

stated in Condition X-E of the PSD Permit. In addition, the Regional Administrator shall 

be notified in writing within fifteen (15) days of the discovery any such failure. The 

notification shall include a description of the malfunctioning equipment or abnormal 

operation, the date of the initial malfunction, the period of time over which emissions 

were increased due to the failure, the cause of the failure, the estimated resultant 

emissions in excess of those allowed under Condition X-E of the PSD Permit, and the 

methods utilized to mitigate emissions and restore normal operations. Compliance with 

this malfunction notification provision shall not excuse or otherwise constitute a defense 

to any violation of this permit or of any law or regulation that such malfunction may 

cause, except as provided for in Condition IV-B of the PSD Permit. [EPA PSD Permit 

AZ-98-01, Condition IV.A] 

II.G. New Source Performance Standards General Provisions

The following requirements apply to the operation, maintenance, and testing of the gas turbines 

in accordance with 40 CFR Part 60, Subpart GG (“Standards of Performance for Stationary Gas 

Turbines”): 

1. All requests, reports, applications, submittals, and other communications to the 

Administrator pursuant to 40 CFR Part 60 shall be submitted in duplicate to the EPA 

Region IX office at the following address [40 CFR § 60.4(a); EPA PSD Permit AZ-98-

01, Condition X.I]: 

U.S. EPA Region IX 
13 

Director, Air Division (Attn: AIR-1) 

75 Hawthorne Street 

San Francisco, CA 94105 

2. Any owner or operator subject to the provisions of this part shall maintain records of the 

occurrence and duration of any startup, shutdown, or malfunction in the operation of an 

affected facility; any malfunction of the air pollution control equipment; or any periods 

during which a continuous monitoring system or monitoring device is inoperative. [40 

CFR § 60.7(b)] 

3. The availability to the public of information provided to, or otherwise obtained by, the 

EPA Administrator under this permit shall be governed by 40 CFR Part 2. (Information 

submitted voluntarily to the Administrator for the purposes of compliance with 40 CFR 

§§ 60.5 and 60.6 is governed by 40 CFR §§ 2.201 through 2.213 and not by 40 CFR 

§ 2.301.) [40 CFR § 60.9] 

4. Compliance with the fuel sulfur standard listed in Condition II.B.1 of this permit shall be 

determined in accordance with performance tests established by 40 CFR § 60.8. [40 CFR 

§ 60.11(a)] 

5. At all times, including periods of startup, shutdown, and malfunction, the permittee shall, 

to the extent practicable, maintain and operate this facility including associated air 

pollution control equipment in a manner consistent with good air pollution control 

practice for minimizing emissions. Determination of whether acceptable operating and 

maintenance procedures are being used will be based on information available to the 

Administrator which may include, but is not limited to, monitoring results, opacity 

observations, review of operating and maintenance procedures, and inspection of the 

source. [40 CFR § 60.11(d)] 

6. For the purpose of submitting compliance certifications or establishing whether or not a 

person has violated or is in violation of any standard in 40 CFR Part 60, 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. [40 CFR § 60.11(g)] 

7. No owner or operator subject to the provisions 40 CFR Part 60 shall build, erect, install, 

or use any article, machine, equipment or process, the use of which conceals an emission 

which would otherwise constitute a violation of an applicable standard. Such 

concealment includes, but is not limited to, the use of gaseous diluents to achieve 

compliance with an opacity standard or with a standard which is based on the 

concentration of a pollutant in the gases discharged to the atmosphere. [40 CFR § 60.12] 

8. With respect to compliance with all New Source Performance Standards (NSPS) of 40 

CFR Part 60, the permittee shall comply with the “General notification and reporting 

requirements” found in 40 CFR § 60.19. [40 CFR § 60.19] 
14 

II.H. New Source Performance Standards [EPA PSD Permit AZ-98-01, Condition X.H] 

The facility’s combustion turbines and duct burners are subject to the federal New Source 

Performance Standards (NSPS) 40 CFR Part 60, Subparts GG and Dc, respectively, as 

well as the general provisions of Subpart A. The owner/operator shall meet the applicable 

requirements of the aforementioned NSPS subparts. 

II.I. Operational Flexibility

1. CAA Section 502(b)(10) Changes [40 CFR § 71.6(a)(13)(i)] 

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 

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. 

2. The permittee is required to send a notice to EPA 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 of 

this permit. 

3. Any permit shield provided in this permit does not apply to changes made under this 

provision.

III. Facility-Wide or Generic Permit Requirements 

Conditions in this section of the permit (Section IV) apply to all emissions units located at the 

facility. [40 CFR § 71.6(a)(1)] 

III.A. Testing Requirements [40 CFR § 71.6(a)(3)] 

In addition to the unit specific testing requirements derived from the applicable requirements for 

each individual unit contained in Section II of this permit, the permittee shall comply with the 

following generally applicable testing requirements as necessary to ensure that the required tests 

are sufficient for compliance purposes: 

1. Submit to EPA a source test plan 30 days prior to any required testing. The source test 

plan shall include and address the following elements: 
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1.0 Purpose of the test 

2.0 Source Description and Mode of Operation During Test 

3.0 Scope of Work Planned for Test 

4.0 Schedule/Dates 

5.0 Process Data to be Collected During Test 

6.0 Sampling and Analysis Procedures 

6.1 Sampling Locations 

6.2 Test Methods 

 6.3 Analysis Procedures and Laboratory Identification 

7.0 Quality Assurance Plan 

7.1 Calibration Procedures and Frequency 

7.2 Sample Recovery and Field Documentation 

 7.3 Chain of Custody Procedures 

7.4 QA/QC Project Flow Chart 

8.0 Data Processing and Reporting 

8.1 Description of Data Handling and QC Procedures 

 8.2 Report Content 

2. Unless otherwise specified by an applicable requirement or permit condition in Section 

II, all source tests shall be performed at maximum operating rates (90% to 110%) of 

device design capacity). 

3. Only regular operating staff may adjust the processes or emission control device 

parameters during a compliance source test. No adjustments are to made within two (2) 

hours of the start of the tests. Any operating adjustments made during a source test, that 

are a result of consultation during the tests with source testing personnel, equipment 

vendors, or consultants, may render the source test invalid. 

4. During each test run and for two (2) hours prior to the test and two (2) hours after the 

completion of the test, the permittee shall record the following information: 

a. Fuel characteristics and/or amount of product processed (if applicable). 

b. All parametric data which is required to be monitored in Section II for the 

emission unit being tested. 

c. Other source specific data identified in Section II such as minimum test length 

(e.g., one hour, 8 hours, 24 hours, etc.), minimum sample volume, other operating 

conditions to be monitored, correction of O2, etc. 

5. Each source test shall consist of at least three (3) valid test runs and the emission results 

shall be reported as the arithmetic average of all valid test runs and in the terms of the 

emission limit. There must be at least 3 valid test runs, unless otherwise specified. 
16 

6. Source test reports shall be submitted to EPA within 60 days of completing any required 

source test. 

III.B. Recordkeeping Requirements [40 CFR § 71.6 (a)(3)(ii)] 

In addition to the unit specific recordkeeping requirements derived from the applicable 

requirements for each individual unit and contained in Section II, the permittee shall comply 

with the following generally applicable recordkeeping requirements: 

1. The permittee shall keep records of required monitoring information that include the 

following: 

a. The date, place, and time of sampling or measurements; 

b. The date(s) analyses were performed; 

c. The company or entity that performed the analyses; 

d. The analytical techniques or methods used; 

e. The results of such analyses; and 

f. The operating conditions as existing at the time of sampling or measurement. 

2. 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. 

III.C. Reporting Requirements [40 CFR § 71.6 (a)(3)(iii)] 

1. The permittee shall submit to EPA Region IX reports of any monitoring required under 

40 CFR §§ 71.6(a)(3)(i)(A), (B), or (C) each six month reporting period from January 1 

to June 30 and from July 1 to 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 

Condition IV.E of this permit.

a. A monitoring report under this section must include the following:

1) The company name and address,

2) The beginning and ending dates of the reporting period,

3) The emissions unit or activity being monitored
17 

4) The emissions limitation or standard, including operational requirements and 

limitations (such as parameter ranges), specified in the permit for which 

compliance is being monitored.

5) All instances of deviations from permit requirements, including those 

attributable to upset conditions as defined in the permit and including 

exceedances as defined under 40 CFR Part 64, and the date on which each 

deviation occurred.

6) If the permit requires continuous monitoring of an emissions limit or 

parameter range, the report must include the total operating time of the 

emissions unit during the reporting period, the total duration of excess 

emissions or parameter exceedances during the reporting period, and the total 

downtime of the continuous monitoring system during the reporting period.

7) If the permit requires periodic monitoring, visual observations, work practice 

checks, or similar monitoring, the report shall include the total time when such 

monitoring was not performed during the reporting period and at the source’s 

discretion either the total duration of deviations indicated by such monitoring 

or the actual records of deviations.

8) All other monitoring results, data, or analyses required to be reported by the 

applicable requirement.

9) The name, title, and signature of the responsible official who is certifying to 

the truth, accuracy, and completeness of the report.

b. Any report required by an applicable requirement that provides the same 

information described in Conditions III.C.1.a(1) through (9) above shall satisfy 

the requirement under Condition III.C.1.a. 

c. “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 established in accordance with 40 CFR §§ 

71.6(a)(3)(i) and (a)(3)(ii). 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: 

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

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

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

iii. A situation in which observations or data collected demonstrate 

noncompliance with an emission limitation or standard or any work 
18 

practice or operating condition required by the permit. 

iv. A situation in which an exceedance, as defined in the compliance 

assurance plan (40 CFR Part 64), occurs. 

2. The permittee shall promptly report to the EPA Regional Office deviations from permit 

or start-up, shut-down malfunction plan requirements, 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. “Prompt” is defined as follows: 

a. Any definition of “prompt” or a specific timeframe for reporting deviations 

provided in an underlying applicable requirement as identified in this permit; 

b. Where the underlying applicable requirement does not define prompt or provide a 

timeframe for reporting deviations, reports of deviations will be submitted based 

on the following schedule: 

i. 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. 

ii. For emissions of any regulated pollutant excluding a hazardous air 

pollutant or a toxic air pollutant that continue for more than two hours in 

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

iii. For all other deviations from permit requirements, the report shall be 

submitted with the semi-annual monitoring report required in Condition 

III.B.1 of this permit. 

3. If any of the conditions of Condition IV.C.2.b of this permit are met, the source must 

notify the permitting authority by facsimile or electronic mail sent to r9.aeo@epa.gov, 

based on the timetable listed. A written notice, certified consistent with Condition III.C.4 

of this permit section must be submitted within 10 working days of the occurrence. All 

deviations reported under this section must also be identified in the 6-month report 

required under Condition III.C.1 of this section of the permit. 

4. Any application form, monitoring report, or compliance certification required to be 

submitted by this permit shall contain certification by the permit-designated responsible 

official of truth, accuracy and completeness consistent with Condition IV.E of this permit 

and 40 CFR § 71.5(d). All 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. 

III.D. Stratospheric Ozone and Climate Protection [40 CFR Part 82] 

1. The permittee shall comply with the standards for recycling and emissions reduction 
19 

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

conditioners (MVACs) in Subpart B: 

a. Persons opening appliances for maintenance, service, repair, or disposal must 

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

b. 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. 

c. Persons performing maintenance, service, repair, or disposal of appliances must 

be certified by an approved technician certification program pursuant to 40 CFR 

§ 82.161. 

d. Persons disposing of small appliances, MVACs, and MVAC-like appliances must 

comply with recordkeeping requirements pursuant to 40 CFR § 82.166. (“MVAClike appliance” as defined at 40 CFR § 82.152) 

e. Persons owning commercial or industrial process refrigeration equipment must 

comply with the leak repair requirements pursuant to 40 CFR § 82.156. 

f. 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. 

2. If the permittee manufactures, transforms, destroys, imports, or exports a class I or class 

II substance, the permittee is subject to all the requirements as specified in 40 CFR Part 

82, Subpart A, Production and Consumption Controls. 

3. 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 is subject to all the applicable requirements as specified in 40 CFR Part 82, 

Subpart B, Servicing of Motor Vehicle Air Conditioners. 

The term “motor vehicle” as used in Subpart B does not include a vehicle in which final 

assembly of the vehicle has not been completed. The term “MVAC” as used in Subpart 

B does not include the air-tight sealed refrigeration system used as refrigerated cargo, or 

system used on passenger buses using HCFC-22 refrigerant. 

4. The permittee shall be allowed to switch from any ozone-depleting substance to any 

alternative that is listed in the Significant New Alternatives Program (SNAP) 

promulgated pursuant to 40 CFR Part 82, Subpart G. 

III.E. Chemical Accident Prevention [CAA §§ 112(r)(1), 112(r)(3), and 112(r)(7); 40 CFR 

Part 68] 

1. The following activities are considered essential and necessary to satisfy the general duty 
20 

requirements of Section 112(r)(1) of the CAA: 

a. Identify hazards which may result from accidental releases using appropriate 

hazard assessment techniques. 

b. Design, maintain, and operate a safe facility. 

c. Minimize the consequences of accidental releases if they occur. 

2. An owner or operator of a stationary source that has more than a threshold quantity of a 

regulated substance in a process, as determined under 40 CFR § 68.115, 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. June 21, 1999; 

b. Three years after the date on which a regulated substance is first listed under 40 

CFR § 68.130; or 

c. The date on which a regulated substance is first present above a threshold quantity 

in a process. [40 CFR § 68.10.] 

III.F. Asbestos from Demolition and Renovation [40 CFR Part 61, Subpart M] 

The permittee shall comply with the requirements of 40 CFR §§ 61.140 through 61.157 of the 

National Emission Standard for Asbestos for all demolition and renovation projects. 

[40 CFR Part 61, Subpart M] 

III.G. Compliance Schedule [40 CFR §§ 71.5(c)(8)(iii) and 71.6(c)(3)] 

1. For applicable requirements with which the source is in compliance, the source will 

continue to comply with such requirements. 

2. For applicable requirements that will become effective during the permit term, the source 

shall meet such requirements on a timely basis. 

III.H. Treatment of Emissions [EPA PSD Permit AZ-98-01, Conditions IV.B.1 through 

IV.B.5] 

1. Definition of malfunction: A malfunction means a sudden and reasonably unforeseeable 

breakdown of equipment or of a process beyond the reasonable control of the source. 

2. Emissions in excess of the limits in Condition X-E of the PSD Permit shall constitute a 

violation and may be the subject of enforcement proceedings. 

3. Affirmative defense: In the context of an enforcement proceeding, emissions which are 

below the limits set forth in this Condition IV(B)(3)(ii) of the permit shall not be subject 
21 

to penalty if the permittee retains properly signed, contemporaneous operating logs or 

other relevant evidence and can demonstrate all of the following: 

a. A malfunction caused the emissions in excess of the limits in Condition X-E of 

the PSD Permit. 

b. The emissions did not exceed the following levels: 

30 ppm NOx (1-hour average, corrected to 15% O2) 

20 ppm CO (3-hour average, corrected to 15% O2) 

240.0 lbs/hr NOx (1-hour average) 

93.4 lbs/hr CO (3-hour average) 

c. The permitted facility, including the air pollution control equipment and process 

equipment, was being properly operated at the time of the malfunction. 

d. Preventative maintenance was regularly performed in a manner consistent with 

good practice for minimizing emissions. 

e. The malfunction was not part of a recurring pattern indicative of inadequate 

design, operation or maintenance. 

f. The malfunction was not caused by improperly or inadequately designed 

equipment, lack of preventative maintenance, careless or improper operation, or 

operator error. 

g. During the period of the malfunction the permittee took all reasonable steps to 

minimize the amount and duration of emissions (including any bypass) that 

exceeded the emission standards in Condition X-E of the PSD Permit. 

Reasonable steps to minimize emissions could include, but are not limited to, 

reducing production to the lowest level practicable, reducing the material feed that 

results in the increased emissions, and switching to alternative, less polluting 

fuels. Where repairs were required, repairs were made in an expeditious fashion 

when the operator knew or should have known that applicable emission 

limitations were being exceeded. Off-shift labor and overtime must have been 

utilized, to the extent practicable, to ensure that such repairs were made as 

expeditiously as possible. 

h. The permittee complied with the malfunction reporting requirements of Condition 

IV-A of the PSD Permit. 

4. All emissions, including those associated with a malfunction which may be eligible for an 

affirmative defense, must be included in all emissions calculations and demonstrations of 

compliance with mass emission limits in Condition X-E of the PSD Permit (e.g., daily, 

monthly, and annual emission limits). 

5. This provision is in addition to any emergency or malfunction provision contained in any 
22 

applicable requirement or elsewhere in this permit. 

III.I. Other Applicable Regulations [EPA PSD Permit AZ-98-01, Condition VIII] 

The owner and operator of the proposed facility shall construct and operate the proposed 

stationary source in compliance with all other applicable provisions of 40 CFR Parts 52, 60, 62, 

63, and all other applicable federal, state, and local air quality regulations. 

IV. Title V Administrative Requirements 

IV.A. Fee Payment [40 CFR §§ 71.6(a)(7) and 71.9] 

1. The permittee shall pay an annual permit fee in accordance with the procedures outlined 

below. [40 CFR § 71.9(a).] 

2. The permittee shall pay the annual permit fee by April 1 of each year. 

3. 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. 

4. The permittee shall send fee payment and a completed fee filing form to one of the two 

addresses below: 

 

Address for regular mail through the U.S. Postal Service 

U.S. Environmental Protection Agency 

FOIA and Miscellaneous Payments 

Cincinnati Finance Center 

P.O. Box 979078 

St. Louis, MO 63197-9000 

Address for express delivery (or when a physical address is required) 

 U.S. Bank 

 Government Lockbox 979078 US EPA FOIA & Misc. Payments 

 1005 Convention Plaza 

 Mail Station SL-MO-C2GL 

 St. Louis, MO 63101 

5. 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 

the same deadline as required for fee payment to the address listed below. [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 form as a convenience.] 
23 

U.S. EPA Region IX 

Air Permits Office (Attn: AIR-3) 

75 Hawthorne Street 

San Francisco, CA 94105 

6. Basis for calculating annual fee: 

a. The annual emissions fee shall be calculated by multiplying the total tons of 

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

the source by the presumptive emissions fee (in dollars/ton) in effect at the time of 

calculation. 

i. “Actual emissions” means the actual rate of emissions in tpy of any 

regulated pollutant (for fee calculation) 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. [See §71.9(c)(6).] 

ii. 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).] 

iii. If actual emissions cannot be determined using the compliance methods in 

the permit, the permittee shall use other federally recognized procedures. 

[40 CFR § 71.9(e)(2).] 

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

§ 71.2. 

v. The permittee should note that the presumptive fee amount is revised each 

calendar year to account for inflation, and it is available from EPA prior to 

the start of each calendar year. 

b. The permittee shall exclude the following emissions from the calculation of fees: 

i. 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)]; 

ii. Actual emissions of any regulated pollutant (for fee calculation) already 

included in the fee calculation [40 CFR § 71.9(c)(5)(ii)]; and 

iii. The quantity of actual emissions (for fee calculation) of insignificant 

activities, as defined in 40 CFR § 71.5(c)(11)(i), or of insignificant 

emissions levels from emissions units identified in the permittee’s 

application pursuant 40 CFR § 71.5(c)(11)(ii). [See 40 CFR 
24 

§ 71.9(c)(5)(iii).] 

7. Fee calculation worksheets shall be certified as to truth, accuracy, and completeness by a 

responsible official. [permittee should note that the fee calculation worksheet form 

already incorporates a section to help you meet this responsibility.] 

8. The permittee shall retain fee calculation worksheets and other emissions-related data 

used to determine fee payment for five (5) years following submittal of fee payment. 

Emission-related data include, for example, emissions-related forms provided by EPA 

and used by the permittee for fee calculation purposes, emissions-related spreadsheets, 

and emissions-related data, such as records of emissions monitoring data and related 

support information required to be kept in accordance with 40 CFR § 71.6(a)(3)(ii). [40 

CFR § 71.9(i).] 

9. 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). 

10. When notified by EPA of underpayment of fees, the permittee shall remit full payment 

within 30 days of receipt of notification. [See 40 CFR §§ 71.9(j)(1) and (2).] 

11. A permittee who thinks an EPA assessed fee is in error and who wishes to challenge such 

fee, shall provide a written explanation of the alleged error to EPA along with full 

payment of the EPA assessed fee. [See 40 CFR § 71.9(j)(3).] 

IV.B. Blanket Compliance Statement [40 CFR §§ 71.6(a)(6)(i) and (ii); Sections 113(a) and 

113(e)(1) of the CAA; 40 CFR § 51.212, 52.12, 52.33, 60.11(g), and 61.12.] 

1. The permittee must comply with all conditions of this Part 71 permit. Any permit 

noncompliance, including, but not limited to, violation of any applicable requirement; 

any permit term or condition; any fee or filing requirement; any duty to allow or carry out 

inspection, entry, or monitoring activities; or any regulation or order issued by the 

permitting authority pursuant to this part constitutes a violation of the Clean Air Act and 

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

modification; or for denial of a permit renewal application. 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)(i) and (ii).] 

2. Determinations of deviations, continuous or intermittent compliance status, or violations 

of this permit, are not limited to the applicable testing or monitoring methods required by 

the underlying regulations or this permit; other credible evidence (including any evidence 

admissible under the Federal Rules of Evidence) must be considered in such 

determinations. [Section 113(a) and 113(e)(1) of the CAA; 40 CFR §§5 1.212, 52.12, 

52.33, 60.11(g), and 61.12.] 

IV.C. Compliance Certifications [40 CFR § 71.6(c)(5)] 
25 

1. The permittee shall submit to EPA Region IX 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. The 

compliance certification shall be certified as to truth, accuracy, and completeness by the 

permit-designated responsible official consistent with Condition IV.E. of this permit and 

40 CFR § 71.5(d). [40 CFR § 71.6(c)(5)] 

2. The certification shall include the following: 

a. Identification of each permit term or condition that is the basis of the certification. 

b. 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. 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 

CAA, which prohibits knowingly making a false certification or omitting material 

information. 

c. The compliance status of 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. 

d. Whether compliance with each permit term was continuous or intermittent. 

IV.D. Duty to Provide and Supplement Information [40 CFR §§ 71.6(a)(6)(v) and 71.5(b)] 

The permittee shall furnish to EPA, within a reasonable time, any information that EPA 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 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 should be accompanied by a claim of confidentiality according to the provisions of 

40 CFR Part 2, Subpart 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. The permittee shall also provide additional 

information as necessary to address any requirements that become applicable to the facility after 

this permit is issued. 

IV.E. Submissions [40 CFR §§ 71.5(d), 71.6, and 71.9; EPA PSD Permit AZ-98-01, 

Condition X.I ] 

Any document required to be submitted with 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. All documents required to be submitted, including 
26 

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

worksheets, and applications for renewals and permit modifications shall be submitted to: 

U.S. EPA Region IX (Attn: AIR-1) 

75 Hawthorne Street 

San Francisco, CA 94105 

IV.F. Severability Clause [40 CFR § 71.6(a)(5); EPA PSD Permit AZ-98-01, Condition VII.] 

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. 

IV.G. Permit Actions [40 CFR § 71.6(a)(6)(iii)] 

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. 

IV.H. Reopening for Cause [40 CFR §71.7(f)] 

1. EPA shall reopen and revise the permit prior to expiration under any of the following 

circumstances: 

a. Additional applicable requirements under the Act become applicable to a major 

Part 71 source with a remaining permit term of three (3) or more years.

b. 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. 

c. EPA 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. 

d. EPA determines that the permit must be revised or revoked to assure compliance 

with the applicable requirements. 

IV.I. Property Rights [40 CFR § 71.6(a)(6)(iv)] 

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

IV.J. Inspection and Entry [40 CFR § 71.6(c)(2); EPA PSD Permit AZ-98-01, Condition V.] 

Upon presentation of credentials and other documents as may be required by law, the permittee 
27 

shall allow authorized representatives from EPA to perform the following: 

1. Enter upon the permittee’s premises where a Part 71 source is located or emissionsrelated activity is conducted, or where records must be kept under the conditions of the 

permit; 

2. Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of the permit; 

3. Inspect at reasonable times any facilities, equipment (including monitoring and air 

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

permit; and 

4. 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. 

IV.K. Emergency Provisions [40 CFR § 71.6(g)] 

1. In addition to any emergency or upset provision contained in any applicable requirement, 

SPEC may seek to establish that noncompliance with a technology-based emission 

limitation under this permit was due to an emergency. To do so, SPEC shall demonstrate 

the affirmative defense of emergency through properly signed, contemporaneous 

operating logs, or other relevant evidence that: 

a. an emergency occurred and that SPEC can identify the cause(s) of the emergency; 

b. the permitted facility was at the time being properly operated; 

c. during the period of the emergency SPEC took all reasonable steps to minimize 

levels of emissions that exceeded the emissions standards, or other requirements 

in this permit; and 

d. SPEC submitted notice of the emergency to EPA within two (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 

Condition III.C(b) of this permit. 

e. In any enforcement proceeding in which SPEC attempts to establish the 

occurrence of an emergency, SPEC has the burden of proof. 

2. 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 
28 

noncompliance to the extent caused by improperly designed equipment, lack of 

preventive maintenance, careless or improper operation, or operator error. 

IV.L. Transfer of Ownership or Operation 

1. A change in ownership or operational control of this facility may be treated as an 

administrative permit amendment if the EPA determines no other change in this permit is 

necessary and 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 EPA. [40 CFR § 71.7(d)(1)(iv)] 

2. In the event of any changes in control or ownership of the facilities to be constructed, the 

PSD Permit shall be binding on all subsequent owners and operators. The applicant shall 

notify the succeeding owner and operator of the existence of the PSD Permit and its 

conditions by letter, a copy of which shall be forwarded to the EPA Regional 

Administrator. [EPA PSD Permit AZ-98-01, Condition VI.] 

IV.M. Off Permit Changes [40 CFR §71.6(a)(12)] 

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

the following requirements are met: 

2. Each change is not addressed or prohibited by this permit. 

3. Each change must comply with all applicable requirements and may not violate any 

existing permit term or condition; 

4. Changes under this provision may not include changes or activities subject to any 

requirement under Title IV or that are modifications under any provision of Title I of the 

Clean Air Act; 

5. The permittee must provide contemporaneous written notice to EPA 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. 

6. The permit shield does not apply to changes made under this provision; 

7. 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. 

IV.N. Permit Expiration and Renewal [40 CFR §§ 71.5(a)(1)(iii), 71.6(a)(11), 71.7(b), 

71.7(c)(1)(i) and (ii), and 71.8(d)] 

1. This permit shall expire five (5) years from the date of issuance. 
29 

2. Expiration of this permit terminates the permittee’s right to operate unless a timely and 

complete permit renewal application has been submitted on or before a date 6 months, 

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

3. If the permittee submits a timely and complete permit application for renewal, consistent 

with 40 CFR § 71.5(a)(2), but the permitting authority has failed to issue or deny the 

renewal permit, then the permit shall not expire until the renewal permit has been issued 

or denied and any permit shield granted pursuant to 40 CFR § 71.6(f) may extend beyond 

the original permit term until renewal. The permittee’s failure to have a Part 71 permit is 

not a violation of this part until EPA takes final action on the permit renewal application. 

This protection 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 application by the deadline specified in writing by EPA. 

4. 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. 

5. The application for renewal shall include the current permit number, description of 

permit revisions and off-permit changes that occurred 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. 

IV.O Administrative Permit Amendments [40 CFR § 71.7(d)] 

(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 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. 

(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 
30 

compliance requirements substantially equivalent to those contained in 40 

CFR § 71.6. 

(vi) Incorporates any other type of change which EPA has determined to be 

similar to those listed above in subparagraphs (i) through (v). 

IV.P. Minor Permit Modifications [40 CFR § 71.7(e)(1)] 

(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 emissions 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. 

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

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

used for permit modifications involving the use of economic incentives, 

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

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

applicable implementation plan or in applicable requirements promulgated by 

EPA. 

(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: 
31 

(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 minor permit 

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

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

States as required under 40 CFR § 71.8. 

(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 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. 

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

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

IV.Q. Significant Permit Modifications [40 CFR § 71.7(e)(3)] 

(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. 

(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. 

(c) Permittees must meet all requirements of Part 71 for applications for significant 

permit modifications. For the application to be determined complete, the 

permittee must supply all information that is required by 40 CFR § 71.5(c) for 

permit issuance and renewal, but only that information that is related to the 

proposed change. [40 CFR §§ 71.7(e)(3)(ii) and 71.5(a)(2).] 
32 

 
33 

Attachment A

U.S. EPA Acid Rain Permit Application 
STEP I

Identify the source byplant name, State, and

ORIS code.

STEP 2

Enter the unit ID#

for every affected

unit at the affected

source in column “a.”

For new units, enter the

requested Information in columns “c” and “d.”

This submission is: Q Now [] Revised

r Soi l’oIr%rI ciEj,.

Ipiant Name State ORIS Code

a b c d

Unit ID# Unit Will Hold New Units New Units Allowances CommenceOperotion Monitor Certification inAaxitlancewith4O Date Deadline

CFR 72.9(o)(1)

Yes

3 Yes

Yes

Yes

Yes

Yes

Yes

Yea

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

I

EPA Fcrn 1-1 (rev 13
0 

p

p

; 

(Ii) Submit in

a timely manner any supplemental information thatthe permitting authority

determines Is necessary in order to review an Acid Rain permit application and issueor deny an Acid Rain permit;

(2) The owners and operators of each affected source and each affected unit at the

source shall:

(i) Operate the unit in compliance with

a complete Acid Rain permit application or

a

superseding Acid Rain permit issued by the permitting authority; and (ii) Have an Acid Rain Permit

Monitorina Requirements(1) The owners and operators and, to the extent applicable, designated representative of

each affected source and each affected unit at the source shall comply with the monitoring

requirements as provided in 40 CFR part 75.

(2) The emissions measurements recorded and reported in accordance with 40 CFR part

75 shall be used to determine compliance by the unit with the Acid Rain emissions

limitations and emissions reduction requirements for sulfur dioxide and nitrogen oxidesunder the Acid Rain Program.

(3) The requirements of 40 CFR part 75 shall not affect the responsibility of the owners and operators to monitor emissions of other pollutants or other emissions characteristicsat the unit under other applicable requirements of the Act and other provisions of the operating permit for the source.

Sulfur Dioxide Requirements

(1) The owners and operators of each source and each affected unit at the source shall:

(i) Hold allowances, as of the allowance transfer deadline, in the unit’s compliance

subaccount (after deductions under40 CFR 73.34(c)), or in the compliance subaccount

of another affected unit at the same source to the extent provided in 40 CFR73.35(b)(3), not less than the total annual emissions of sulfur dioxide for the previous

calendar year from the unit; and

(ii) Comply with the applicable Acid Rain emissions limitations for sulfur dioxide.

(2) Each ton of sulfur dioxide emitted in excess of the Acid Rain emissions limitations forsulfur dioxide shall constitute

a separate violation of the Act.

(3) An affected unit shall be subject to the requirements under paragraph (1) of the sulfur

dioxide requirements as follows:

(I) Starting January 1, 2000, an affected unit under 40 CFR 72.6(a)(2); or

(ii) Starting on the later of January 1, 2000 or the deadline for monitor certificationunder 40 CFR part 75, an affected unit under 40 CFR 72.6(a)(3).

(4) Allowances sha’l be held in, deducted from, or transferred among Allowance Tracking

System accounts in accordance with the Acid Rain Program.(5) An allowance shall riot be deducted in order to comply with the requirerrents underparagraph (1) of the sulfur dioxide requirements prior to the calendar year for which the

allowance was allocated.

(6) An allowance allocated by the Administrator under the Acid Rain Program is

a limited

authorization to emit sulfur dioxide in accordance with the Acid Rain Program. No

provision ofthe Acid Rain Program, the Acid Rain permitapplication, the Acid Rain permit,or an exemption under 40 CFR 72.7 or 72.8 and no provision of law shall be construed

to limit the autho(ty of the United States to terminate or limit such authorization.

(7) An allowance allocated by the Administrator under the Acid Rain Program does notconstitute

a property right.

EPA ;rm 761 C16 (ev. 12J3)
(1) The designated representative of an affected unit that has excess emissions in any calendar year shall submit

a proposed offset plan, as required under 40 CFR part 77.

(2) The owners and operators of an affected unit that has excess emissions in any

calendar year shall:

(i) Pay without demand the penalty required, and pay upon demand the interest on that penalty, as required by 40 CFR part 77; and

(ii) Comply with the terms of an approved offset plan, as required by 40 CFR part 77.

Recordkeein and Reporting Reauirements

(1) Unless otherwise provided, the owners and operators ofthe source and each affectedunit at the source shall keep on site at the source each of the following documents for

a

period of 5 years from the date the document is created. This period may be extendedfor cause, at any time prior to the end of 5 years, in writing by the Administrator or

permittingauthority:

(i) The certificate of representation for the designated representative for the source and

each affected unit at the source and all documents that demonstrate the truth of the

statements in the certificate of representation, in accordance with 40 CFR 72.24;

provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of thesubmission of

a new certificate of representation changing the designated

representative;(ii) All emissions monitoring information, in accordance with 40 CFR part 75, provided

that to the extent that 40 CFR part 75 provides for

a 3-year period for recordkeeping,

the 3-year period shall apply.

(iii) Copies of all reports, compliance certifications, and other submissions and allrecords made or required under the Acid Rain Program; and,(iv) Copies of all documents used to complete an Acid Rain permit application and any

other submission under the Acid Rain Program or to demonstrate compliance with the

requirements of the Acid Rain Program.

(2) The designated representative of an affected source and each affected unit at the

source shall submit the reports and compliance certifications required underthe Acid Rain

Program, including those under 40 CFR part 72 subpart I and 40 CFR part 75.Liability(1) Any person who knowingly violates any requirement or prohibition of the Acid Rain

Program,

a complete Acid Rain permit application, an Acid Rain permit, or an exemption

under 40 CFR 72.7 or 72.8, including any requirement for the payment of any penalty

owed to the United States, shall be subject to enforcement pursuant to section 113(c) ofthe Act.

(2) Any person who knowingly makes

a false, material statement in any record,

submission, or report under the Acid Rain Program shall be subject to criminal

enforcement pursuant to section 113(c) of the Act and 18 U.S.C. 1001.

(3) No permit revision shall excuse any violation of the requirements of the Acid RainProgram that occurs prior to the date that the revision takes effect.(4) Each affected source and each affected unit shall meet the requirements of the AcidRain Program.

EA Frrr 7E10-18 (rev. I 2-O3
pp

y 

(6) Any provision of the Acid Rain Program that applies to an affected unit (induding

a

provision applicable to the designated representative of an affected unit) shall also apply

to the owners and operators ofsuch unit. Except as provided under 40 CFR 72.44 (Phase

II repoweririg extension plans) and 40 CFR 76.11 (NO,, averaging plans), and except with

regard to the requirements applicable to units with

a common stack under 40 CFR part 75

(including 40 CFR 75.15,75.17, and 75.18), the owners and operators and the designated

representative of one affected unit shall not be liable for any violation by any otheraffected unit of which they are not owners or operators or the designated representative

and that is located at

a source of which they are not owners or operators or the

designated representative.

(7) Each violation of

a provision of 40 CFR parts 72, 73, 74, 75, 76, 77, and 78 by an

affected source or affected unit, or by an owner or operator or designated representativeof such source or unit, shall be

a separate violation of the Act.

Effect on Other Authorities

No provision of the Acid Rain Program, an Acid Rain permit application, an Acid Rainpermit, or an exemption under 40 CFR 72.7 or 72.8 shall be construed as:

(1) Except as expressly provided in title IV of the Act, exempting or excluding the owners

and operators and, to the extent applicable, the designated representative of an affected

source or affected unit from compliance with any other provision of the Act, including the

provisions of title I of the Act relating to applicable National Ambient Air Quality Standardsor State Implementation Plans;

(2) Limiting the number of allowances

a unit can hold; provided, that the number of

allowances held by the unit shall not affect the source’s obligation to comply with anyother provisions of the Act;

(3) Requiring

a change of any kind in any State law regulating electric utility rates and

charges, affecting any State law regarding such State regulation, or limiting such Stateregulation, including any prudence review requirements under such State law;

(4) Modifying the Federal Power Act or affecting the authority of the Federal Energy

Regulatory Commission under the Federal Power Act; or,(5) interferIng with or impairing any program for competitive bidding for power supply in

a State in which such program is established.

STEP

4 CertificatIon

Read the I am authorized to make this submission on behalf of the owners and operators of the certification affected source or affected units for which the submission is made. I certify under penalty statement, of law that I have personally examined, and am familiar with, the statements and

a9t’

an information submitted in this document arid all its attachments. Based on my inquiry of

those individuals with primary responsibility for obtaining the information, I certify that the

statements and information are to the best of my knowledge and belieftrue, accurate, and

complete. I am aware that there are significant penalties for submitting false statementsand information or omitting required statements and information, including the possibilityof fine or imprisonment.

EPA Forr 76’ C- 3 rev. 2-C3

Name J4

d

£ :c. ci) £— •f

Signature I Date

Ci