UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 2

290 BROADWAY

NEW YORK, NY 10007-1865

JUL - 5 2011

Mr. Michael J. Massena, EnvironmentalManager

Turning Stone Casino and Resort

Oneida Indian Nation, Office of Public Safety

306 Diamond Street

Canastota, New York 13032

Re: Turning Stone Casino and Resort-Fi"nal Title V Renewal Permit Issued Under 40 CFR

Part 71

Dear Mr. Massena:

On April 28, 2011, the U.S. Environmental Protection Agency (EPA) issued a draft renewal title

v operating permit to the Turning Stone Casino and Resort (Turning Stone), pursuant to 40 CFR

part 71. A public notice was published in the Oneida Dispatch on May 10,2011, seeking

comments on this draft permit. EPA did not receive any comments during the public comment

period, which ended on June 9, 2011. By this letter, EPA is notifying you ofits final permit

decision, and is issuing the final renewal pennit without making any changes to the draft renewal

pennit. The final renewal permit and the Statement ofBasis are enclosed. The conditions in

this final pennit contain the applicable requirements for Turning Stone, including the applicable

New Source Performance Standards and National Emission Standards for Hazardous Air

Pollutants.

Pursuant to 40 CFR § 71.11 (i), since no comments were received during the public comment

period, this final renewal permit becomes effective immediately upon issuance (i.e., the date of

this letter). You may seek to appeal the conditions ofthis permit in accordance with the

requirements and procedures in 40 CFR § 71.11 (1) and section 307(b) ofthe Act. If you have

any questions or concerns about this pennit please contact Mr. Steven C. Riva at (212) 637-4074.

Sincerely,

noll';"51 ~It"~ Judith A. Enck

Regional Administrator

Enclosures

cc: David Shaw, New York State Department of Environmental Conservation wlo encI

Tom Morgan, New York State Department of Environmental Conservation Region 6

Internet I,ejdress (IJRLj. http://www.epa.gov

Recycled/ReCjclable, Prinl<H.l Wllh lieg"'aDle 01, 8a~ed Ini(s 0(1 Recycled Paper (MinimuM 50% Pl'sttOnsurner conlent)
1 

STATEMENT OF BASIS 

FINAL RENEWAL TITLE V (part 71) OPERATING PERMIT FOR TURNING STONE 

CASINO RESORT 

EPA Region 2 is issuing a final renewal title V operating permit, pursuant to 40 CFR part 71, to 

Turning Stone Casino Resort (Turning Stone). The initial permit was issued on February 22, 

2006. Turning Stone is located in the Oneida Indian Nation, in Verona, New York. Verona is 

located in an ozone transport region, which is designated a “moderate” non-attainment area for 

ozone. In moderate non-attainment areas for ozone, a source would be considered “major” for 

New Source Review (NSR) purposes if its potential nitrogen oxide (NOx) emissions are 100 tons 

per year (tpy) or more. EPA remains the permitting authority for this facility because the Oneida 

Indian Nation does not have an EPA-approved title V operating permit program under 40 CFR 

part 70. 

Turning Stone operates a Solar/Taurus 60-7800S combined cycle combustion turbine, four 

natural gas steam boilers and seven backup diesel generators as part of its central utility plant. 

The combined cycle combustion turbine is subject to the New Source Performance Standards 

(NSPS) at 40 CFR part 60, subpart GG, because it was constructed after October 3, 1977, and its 

heat input rate is greater than 10 million Btu per hour. The four natural gas-firing steam boilers 

are subject to the NSPS at 40 CFR part 60, subpart Dc, because each of them was constructed 

after June 9, 1989, and each of their heat input rates is between 10 and 100 million Btu per hour. 

 At the time that EPA issued the initial operating permit, there was no NSPS applicable to new 

diesel generators. On March 3, 2010, EPA finalized amendments to the National Emission 

Standards for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating Internal 

Combustion Engines (RICE), at 40 CFR part 63, subpart ZZZZ. The seven backup diesel 

generators are subject to the RICE NESHAP because they are stationary RICE owned or 

operated at an “area source” of hazardous air pollutant (HAP) emissions. The applicable 

NESHAP requirements for the stationary RICE generators are included in the final renewal 

permit. In addition, each generator’s potential to emit (PTE) NOx is limited by restricting its 

operation to no more than 1,000 hours per year, which will result in total NOx emissions that are 

less than the NSR applicability threshold (see 40 CFR part 51, appendix S). 

Prior to construction of the new central utility plant in 2004-2005, Turning Stone was an existing 

non-major source of NOx emissions, with a PTE of approximately 90 tpy. Although Turning 

Stone had never been issued any air permit from any regulatory entity, EPA concluded that the 

PTE of the two existing steam boilers and six existing generators could be estimated using 8,760 

hours per year of use for the boilers and 1,000 hours per year of use for each generator. The PTE 

for these existing sources (90 tpy) was calculated using the EPA emission factors for these types 

of emission sources. The addition of the central utility plant (consisting of the Solar/Taurus 

turbine, two steam boilers and one backup diesel generator) was a modification of the facility 

that added approximately 60 tpy to the NOx PTE estimate, making the facility a “major source” 

of NOx emissions for NSR purposes. Upon completion of this plant, Turning Stone operated a 

total of one combustion turbine, four steam boilers and seven backup diesel generators. The PTE 

for all other criteria pollutants such as CO (86.11 tpy), SO2 (87.85 tpy), PM (20.64 tpy) and 
2 

VOC (13.86 tpy) are below the NSR major source threshold levels. This facility is not a “major 

source” of HAP emissions, which by definition makes the facility an “area source” of these 

emissions. A description of the combustion units, and a summary of the applicable requirements 

and the rationale for these requirements, is provided below. 

Solar/Taurus Combustion Turbine: This is a natural gas firing 5.3 MW average electricity 

generating turbine that also produces steam. This unit would have been required to undergo 

major new source review if it had a PTE of 100 tpy or more of NOx. EPA determined that a 

NOx limit of 178 ppmdv (NSPS Subpart GG) would cause this unit=s PTE to exceed 100 tpy and 

would require a major NSR review. Therefore, to avoid major NSR requirements under 40 CFR 

part 51, Appendix S, Turning Stone is required in this permit to limit this unit’s NOx PTE to the 

emission level of 26.30 tpy, at a 6.00 lbs/hr emission rate, which will keep the unit’s NOx 

emissions below the 100 tpy NSR applicability threshold. This emission level is set in 

consideration of the physical limitations of the turbine as per the manufacturer=s design 

specifications. The manufacturer has provided emissions data based on the unit’s design, and 

subsequent testing indicated that the 6.00 lbs NOx/hr emission limit is achievable. The 

monitoring, record keeping and reporting provisions are applicable pursuant to 40 CFR part 60, 

subpart GG. This permit also requires NOx stack testing every five years. 

Steam Boilers: There are three natural gas-fired boilers and one natural gas/distillate oil-fired 

boiler (20.4 to 33.5 MMBtu/hr) that produce steam and hot water at this facility. Since these 

boilers will use primarily natural gas as fuel, 40 CFR part 60, subpart Dc requires that the fuel 

use be monitored and recorded. A 20 percent opacity limit is required when a boiler is firing the 

distillate fuel oil, which must have a sulfur content of no greater than 0.5 weight percent. The 

monitoring, record keeping and reporting requirements are applicable pursuant to 40 CFR part 

60, subpart Dc and the general title V permit requirements in 40 CFR part 71. 

Backup Diesel Generators: There are seven backup diesel generators (about 280 HP to 2250 

HP) that will use low sulfur (less than 0.5 weight percent) distillate oil to produce power 

occasionally. Each generator will be limited to operate at a maximum of 1,000 hours per year. 

Emission limits for carbon monoxide and monitoring, record keeping and reporting 

requirements, are applicable pursuant to 40 CFR part 63, subpart ZZZZ and the general title V 

permit requirements in 40 CFR part 71. 

In general, the facility will measure and record fuel use and estimate a unit’s emissions by 

multiplying its fuel use amount by its heat content and the associated emission factor. The heat 

content value will be based on the value used in the application, i.e., 142,000 Btu per gallon for 

oil and 1,000 Btu per standard cubic feet for natural gas. The emission factor for the combustion 

turbine will be based on a stack test. For all other units, the emission factors will be based on 

EPA=s AP-42 reference manual. In addition, all of the backup diesel generators must comply 

with the applicable emission limit, notification, recordkeeping and reporting requirements of the 

RICE NESHAP on or before May 3, 2013. 

This facility is a “major source” of NOx under the NSR provisions referred to above. However, 
3 

there are no air quality monitoring and/or modeling requirements that specifically apply to this 

facility because it was not previously a major source and it made a modification that is not a 

“major modification” of a major source. Further, it should be noted that the State rules do not 

apply to this facility because it is located in Indian country. The rest of the permit consists of 

standard permit conditions that apply to all part 71 facilities. 
United States Environmental Protection Agency

Region 2, Air Pro grams Branch

290 Broadway, 25 Floor

New York, NY 10007

::,.

FINAL

AIR POLLUTION CONTROL

TITLE V PERMIT TO OPERATE

Pennit Number: ONEIDA002

Replaces Pennit No.: ONEIDAOOI

Issue Date: JUL - 5 2011

Effective Date: JUL - 5 20lh

Expiration Date: JUL - 4 2 16

In accordance with the provisions oftitle V ofthe Clean Air A~t and 40 CFRpart 71 and

applicable rules and regulations,

Turning Stone Casino Resort

5218 Patrick Road

Verona, New York 13478

is authorized to operate air emission units and to conquct other air pollutant emining activities in

accordance with the pennit conditions listed in thispennit.

This source is authorized to operate in the following location:

5218 Patrick Road

Verona, New York 13478

If any term is not defined in this permit, then it will have the meaning stated in the referenced

regulations. All tenns and conditions ofthe penni"t are enforceable by EPA and citizens under

the Clean Air Act. Please reference the pennit number cited above in future correspondence

regarding this facility.

Judith A. Enck

Regional Administrator

Date
i 

AIR POLLUTION CONTROL-TITLE V PERMIT TO OPERATE

Turning Stone Casino Resort

TABLE OF CONTENTS 

Page

I. Source Identification and Unit Specific Information 1 

A. General Source Information 1 

B. Source Emission Units 2 

C. Federal Air Quality Requirements 3 

II. Requirements for Specific Units 4 

A. ES001- Turbine Generator 4 

B. ES002/ES004- Natural Gas Boilers 5 

C. ES003- Natural Gas/Oil Boiler 5 

D. ES005/ES006- Backup Diesel Generators 

6 

III. General Permit Requirements 7 

A. Recordkeeping Requirements 7 

B. Reporting Requirements 8 

C. Compliance Schedule 9 

D. Permit Shield 9 

E. Operational Flexibility 10 

F. Economic Incentives Program 10 

G. Chemical Accident Prevention 11 

H. Stratospheric Ozone and Climate Control 11 

I. Asbestos Removal and Disposal 

11 

IV. Part 71 Administrative Requirements 12 

A. Annual Fee Payment 12 

B. Annual Emissions Inventory 14 

C. Compliance Requirements 14 

D. Compliance Certifications 14 

E. Duty to Provide and Supplement Information 15 

F. Submissions 15 

G. Severability Clause 16 

H. Permit Actions 16 

I. Administrative Permit Amendments and Permit Modifications 16 

J. Reopening for Cause 16 

K. Property Rights 16 

L. Inspection and Entry 17 

M. Emergency Provisions 17 
ii 

N. Transfer of Ownership or Operation 18 

O. Off Permit Changes 18 

P. Permit Expiration and Renewal 19 

Abbreviations and Acronyms

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

CAM Compliance Assurance Monitoring 

CEM Continuous Emission Monitoring

CFR Code of Federal Regulations 

COM Continuous Opacity Monitoring

EIP Economic Incentives Programs 

EPA Environmental Protection Agency

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 Standard 

NSR New Source Review 

PM Particulate Matter 

PM10 Particulate matter less than 10 microns in diameter 

ppm parts per million 

PSD Prevention of Significant Deterioration 

PTE Potential to Emit 

psia pounds per square inch absolute 

RMP Risk Management Plan 

SNAP Significant New Alternatives Program 

SO2 Sulfur Dioxide 

tpy Tons Per Year 

US EPA United States Environmental Protection Agency 

VOC Volatile Organic Compounds 
1 

I. Source Identification and Unit-Specific Information

A. General Source Information

Plant Name: Turning Stone Casino Resort

Plant Mailing Address: 5218 Patrick Road

City: Verona State: New York Zip: 13478

Region: EPA Region 2 County: Oneida

Reservation: Oneida Indian Nation 

Owner: Oneida Indian Nation

Address: 5218 Patrick Road

City: Verona State: NY Zip: 13478

Company Contact: Michael J. Massena Phone: 315-829-8351

Plant Manager/Contact: Michael J. Massena Phone: 315-829-8351

Responsible Official: Michael J. Massena Phone: 315-829-8351

SIC Code (4 digit, if available): 7011

AFS Plant Identification Number: New

Other Clean Air Act Permits: N/A

 

Description of Process: This facility is a casino resort and is adding a new central utility plant to 

its existing heat/hot water boilers and backup diesel generators. These units use natural gas and 

distillate no. 2 fuel oil. 
2 

B. Source Emission Units 

Table 1. Source Emission Units

The following table identifies and describes each emissions unit and identifies any 

control device later referenced in this permit. 

Emission 

Unit 

ID 

Equipment 

ID 

Stack ID Description Control 

Device 

ES 001 GT 001 S 001 or 

S 002 

Natural Gas fired Gas Turbine 

Generator with HRSGSolar/Taurus 60-7800S 

Lean 

Pre-mix Low 

NOx 

ES 002 BL 001 S 003 Natural Gas fired Boiler- Cleaver 

Brooks CEW-LN 200-800-200 

Low NOx 

FGR 

ES 003 BL 002 S 004 Natural Gas/No. 2 Oil fired BoilerCleaver Brooks CEW-LN 200-800-200 

Low NOx 

FGR 

ES 004 BL 003 S 005 Natural Gas fired boiler- Cleaver 

Brooks CB1 700-500-125 

None 

ES 004 BL 004 S 006 Natural Gas fired boiler- Cleaver 

Brooks CB1 700-500-125 

None 

ES 005 GL 001 S 007 Backup Diesel Generator (>600 HP)- 

Cummins 1500 DFLE 

None 

ES 005 GL 002 S 008 Backup Diesel Generator (>600 HP)- 

Detroit Diesel 500DS 

None 

ES 005 GL 003 S 009 Backup Diesel Generator (>600 HP)- 

Onan 500DFFB 

None 

ES 005 GL 004 S 010 Backup Diesel Generator (>600 HP)- 

Detroit Diesel 1500 DSEB 

None 

ES 006 GS 001 S 011 Backup Diesel Generator (<600 HP)- 

Elliot Magnetek 300RD 

None 

ES 006 GS 002 S 012 Backup Diesel Generator (<600 HP)- 

Detroit Diesel 350 DSE 

None 

ES 006 GS 003 S 013 Backup Diesel Generator (<600 HP)- 

Onan 175 DGFB 

None 

C. Federal Air Quality Requirements
3 

There are no air quality monitoring or modeling requirements that specifically apply to 

this source except for the monitoring requirements specified in 40 CFR part 60, subparts GG and 

Dc. 

II. Requirements for Specific Emission Units

A. ES 001/GT 001/S 001 or S 002- 

Natural Gas fired Gas Turbine Generator with HRSG- Solar/Taurus 60-7800S 

This unit shall fire only Natural Gas as fuel and the maximum heat input rate shall not 

exceed 70 MMBtu/hr. [40 CFR ' 71.6(a)(1)]. 

The nitrogen oxide emissions potential to emit shall be limited to 26.30 tons per year to 

cap out of any major New Source Review requirements [40 CFR part 51, Appendix S]. 

Emission Standards [40 CFR ' 71.6(a)(1)]- 

On and after the date on which the performance test is conducted, NOx emissions shall 

not exceed 6.00 lbs/hr [40 CFR part 51, App S and 40 CFR ' 60.332(a)(2)]. 

Testing [40 CFR ' 71.6(a)(3)(i)(A)] 

i) The permittee shall comply with the initial performance test requirements of 40 CFR '

60.8(a)-(f) for measuring nitrogen oxide emissions from this combustion turbine within 

60 days after achieving the maximum production rate, but no later than 180 days after the 

initial start up of the turbine. A site specific NOx emission factor in lbs/MMBtu shall be 

developed from the test data and its record shall be kept on site. 

ii) The permittee shall comply with the test methods and procedures of 40 CFR ' 60.335 

(a), (b) and (c) when conducting the initial performance test for nitrogen oxide for this 

turbine. 

Monitoring [40 CFR ' 71.6(a)(3)] 

i) The permittee shall not claim any allowance for fuel bound nitrogen to determine 

nitrogen oxide emission limits. Therefore, monitoring of fuel nitrogen content is not 

required. [40 CFR ' 60.334(h)(2)]. 

ii) The permittee shall comply with the fuel sulfur monitoring requirement by 

demonstrating that the fuel meets the definition of natural gas in 40 CFR ' 60.331(u) by 

maintaining documentation of the gas quality characteristics in a current, valid purchase 

contract, tariff sheet, or transportation contract, that specifies the maximum sulfur content 

of the fuel is 20.0 grains/100scf or less [40 CFR ' 60.334(h)(3)]. 

iii) The permittee shall continuously monitor the manufacturer specified parameters 

which assure whether the unit is operating in the lean pre-mixed combustion mode. An 

alarm and/or an indicator shall alert the permittee when the unit operates out of the lean 

pre-mixed combustion mode. The time period for which the units is not operating in the 
4 

lean pre-mixed combustion mode, other than startup, shutdown or malfunction, shall be 

recorded. Any rolling four hour period for which the units is not operating in the lean 

pre-mixed combustion mode shall be reported in the semi-annual reports required by this 

section as a deviation. [40 CFR ' 60.334(f)(2)]. 

iv) The permittee shall verify compliance with NOx emission limit in the lean pre-mixed 

combustion mode by conducting a performance test every five years following test 

methods and procedures in 40 CFR ' 60.335. 

v) After completion of the performance test, the permittee shall monitor and record the 

fuel use on an hourly basis. This fuel use data along with the site specific emission factor 

developed from the performance test results shall be used to demonstrate compliance 

with the NOx pounds per hour emission limit. All related data shall be recorded and kept 

on site for five years. 

Recordkeeping [40 CFR ' 71.6(a)(3)]- see Section III.A., below. 

Reporting [40 CFR ' 71.6(a)(3)]- see Section III.B., below. 

B. ES 002/BL 001/S 003- 

Natural Gas fired Boiler- Cleaver Brooks CEW-LN 200-800-200 

ES 004/BL 003/S 005- 

Natural Gas fired boiler- Cleaver Brooks CB1 700-500-125 

ES 004/BL 004/S 006- 

Natural Gas fired boiler- Cleaver Brooks CB1 700-500-125 

These units shall fire only natural gas as fuel and the maximum heat input rate shall not 

exceed 33.5 MMBtu/hr, 20.4 MMBtu/hr and 20.4 MMBtu/hr respectively. [40 CFR '

71.6(a)(1)]. 

Recordkeeping [40 CFR ' 71.6(a)]. 

The permittee shall record and maintain the records of the amount of each fuel 

combusted during each day. [40 CFR ' 60.48c(g)]. See also Section III.A., below. 

Reporting [40 CFR ' 71.6(a)(3)]- see Section III.B., below. 

C. ES 003/BL 002/S 004- 

Cleaver Brooks CEW-LN 200-800-200 

This unit shall fire natural gas or no. 2 distillate oil. The maximum heat input rate shall 

not exceed 33.5 MM Btu/hr. [40 CFR ' 71.6(a)(1)]. 
5 

Emission Standards [40 CFR ' 71.6(a)(1)]- 

On and after the date on which the performance test is conducted, 

i) Opacity of the exhaust gases discharged to the atmosphere shall not exceed 20% (6 

minute average), except for one 6 minute period per hour of not more than 27% opacity. 

[40 CFR ' 60.43c(c)]. 

ii) Fuel sulfur content shall not exceed 0.5% by weight. [40 CFR ' 60.42c(d)]. 

Monitoring [40 CFR ' 71.6(a)(3)] 

i) The permittee shall provide for an independent certified opacity reader to perform 

opacity reading within 60 days of firing fuel oil in this unit as an initial test. The opacity 

shall be measured using Method 9 in Appendix A, 40 CFR part 60 during an initial test. 

Subsequently, the permittee shall perform daily visual observation of the opacity when 

oil is used as a fuel. If visible emissions are observed, the permittee shall take immediate 

corrective action to minimize visible emissions. [40 CFR ' 71.6(a)(3)(B)]. 

ii) The permittee shall use fuel supplier certification to demonstrate compliance with the 

fuel sulfur requirement when firing fuel oil. The certification shall meet the requirements 

in 40 CFR ' 60.48c(e)(11) and 60.48c(f)(1). 

Recordkeeping [40 CFR ' 71.6(a)(3)]- see also Section III.A., below. 

i) The permittee shall record and maintain the records of the amount of each fuel 

combusted during each day. [40 CFR ' 60.48c(g)]. 

ii) The fuel oil supplier=s certifications and associated record pursuant to 40 CFR '

60.48c(e)(11) and (f)(1). 

Reporting [40 CFR ' 71.6(a)(3)]- see Section III.B., below. 

D. ES 005/GL 001/S007 

Backup Diesel Generator (>600 HP)- Cummins 1500 DFLE 

Max Heat Input Rate- 14.71 MMBtu/hr 

ES 005/GL 002/S 008 

Backup Diesel Generator (>600 HP)- Detroit Diesel 500DS 

Max Heat Input Rate- 5.35 MMBtu/hr 

ES 005/GL 003/S 009 

Backup Diesel Generator (>600 HP)- Onan 500 DFFB 

Max Heat Input Rate- 4.81 MMBtu/hr 

ES 005/GL 004/S 010 

Backup Diesel Generator (>600 HP)- Detroit Diesel 1500 DSEB 

Max Heat Input Rate- 14.61 MMBtu/hr 

ES 006/GS 001/S 011 

Backup Diesel Generator (<600 HP)- Elliot Magnetek 300RD 
6 

Max Heat Input Rate- 2.93 MMBtu/hr 

ES 006/GS 002/S 012 

Backup Diesel Generator (<600 HP)- Detroit Diesel 350 DSE 

Max Heat Input Rate- 3.62 MMBtu/hr 

ES 006/GS 003/S 013 

Backup Diesel Generator (<600 HP)- Onan 175 DGFB 

Max Heat Input Rate- 1.87 MMBtu/hr 

 General Requirements for all the Diesel Generators:

All backup diesel generators shall fire no. 2 distillate fuel oil with a maximum of 0.5% 

sulfur content. All are Compression Ignition Reciprocating Internal Combustion Engines 

(RICE). Each generator is limited to operate no more than 1,000 hours per year. [40 

CFR ' 71.6(a)(1)]. 

Recordkeeping [40 CFR ' 71.6(a)(3)]- see also Section III.A., below. 

i) The permittee shall monitor and record the number of hours each generator is operated. 

A generator=s emissions shall be calculated using number of actual hours of operation, 

maximum heat input rate, fuel heat content value at 142,000 Btu/gallon and appropriate 

emission factors. 

ii) The permittee shall use fuel supplier certification to demonstrate compliance with the 

fuel sulfur requirement. 

Reporting [40 CFR ' 71.6(a)(3)]- see Section III.B., below. 

National Emission Standards for Hazardous Air Pollutants Requirements

All generators shall comply with 40 CFR PART 63- Subpart ZZZZ- National Emission 

Standards for Hazardous Air Pollutants. 

ES 006/GS 003/S 013 (<300 HP) – Onan 175 DGFB Generator 

(i) This Compression Ignition reciprocating internal combustion engine was 

constructed prior to June 12, 2006. It shall comply with the existing source 

requirements of this rule. (40 CFR '§ 63.6580, 63.6585(a), (c) and (d), 

63.6590(a)(1)(iii) and (iv)). 

(ii) This unit must comply with the applicable requirements of this rule at all times. 

The unit must at all times be operated in a manner consistent with safety and good air 

pollution control practices for minimizing emissions. (40 CFR ' 63.6605). 

(iii) This unit shall be in compliance with all applicable requirements by May 3, 2013. 

(40 CFR ' 63.6595(a)(1) and (b)). 
7 

(iv) This unit shall comply with the following operation, maintenance and monitoring 

requirements- i) change oil and filter every 1,000 hours of operation or annually, 

whichever comes first; ii) inspect air cleaner every 1,000 hours of operation or 

annually, whichever comes first; iii) inspect all hoses and belts every 500 hours of 

operation or annually, whichever comes first, and replace parts as necessary; iv) 

minimize the engine’s time spent at idle during periods of startup, and minimize the 

engine’s startup time to a period needed for appropriate and safe loading of the 

engine, not to exceed 30 minutes, and v) this unit must be operated and maintained 

according to manufacturer’s emission-related operation and maintenance instructions. 

 The source has the option to utilize an oil analyses program as described in 40 CFR § 

63.6625(i) in order to extend the oil change requirement. (40 CFR ' 63.6603(a), 

63.6625(e)(4), (h) and (i), 63.6640(a), Table 2d and Table 6). 

(v) This unit has no notification and reporting requirement. All records of each 

malfunction, corrective actions, and maintenance shall be maintained on site for five 

years. (40 CFR '§ 63.6645(a)(5), 63.6655(a)(2)and (5), (d) and (e)(3), 63.6660). 

ES 006/GS 001/S 011 (457 HP) Elliot Magnetek 300 RD Generator 

 

(i) This Compression Ignition reciprocating internal combustion engine was 

constructed prior to June 12, 2006. It shall comply with the existing source 

requirements of this rule. (40 CFR '§ 63.6580, 63.6585 (a), (c) and (d), 

63.6590(a)(1)(iii) and (iv)). 

(ii) This unit must comply with the applicable requirements of this rule at all times. 

The unit must at all times be operated in a manner consistent with safety and good air 

pollution control practices for minimizing emissions. (40 CFR ' 63.6605). 

(iii) This unit shall be in compliance with all applicable requirements by May 3, 2013. 

(40 CFR ' 63.6595(a)(1) and (b)). 

(iv) This unit shall limit the concentration of carbon monoxide (CO) in the engine 

exhaust to 49 ppmvd at 15% oxygen, or reduce the engine’s CO emissions by 70% or 

more. (40 CFR ' 63.6603(a) and Tables 2d, 4 and 5). 

(v) If this unit has a displacement of less than 30 liters per cylinder, it shall comply 

with the non-road diesel requirements of 40 CFR ' 80.510(b), which requires a 

maximum sulfur content of 15 ppm and a minimum cetane index of 40 or aromatic 

content of 35% volume. (40 CFR ' 63.6604). 

(vi) An initial performance test shall be conducted on this unit within 180 days after 

May 3, 2013. (40 CFR '§ 63.6612, 63.6620, and 63.6630). 

(vii) If this unit is not equipped with a closed crankcase ventilation system: Install a 

closed ventilation system that prevents crankcase emissions from being emitted to the 

atmosphere, or install an open crankcase filtration emission control system that 
8 

reduces emissions from the crankcase by filtering the exhaust stream to remove oil 

mist, particulates and metals. (40 CFR ' 63.6625(g)). 

(viii) This unit must be operated and maintained according to the manufacturer’s 

instructions. During periods of engine startup, emissions must be limited by 

minimizing the engine’s time spent at idle, and minimizing the engine's startup time 

to a period needed for appropriate and safe loading of the engine, not to exceed 30 

minutes, after which time the non-startup emission limitations apply. (40 CFR 

' 6625(h) and Table 2d). 

(ix) An initial notification must be submitted by August 31, 2010. A Notice of Intent 

to conduct a performance test must be submitted 60 days prior to the performance test 

date. A Notification of Compliance Status must be submitted within 60 days of the 

performance test. (40 CFR ' 63.6645(a), (g) and (h)). 

(x) All routine compliance and deviation reports shall be submitted according to this 

title V permit, see Section III.B., below. (40 CFR ' 63.6650 and Table 7). 

(xi) All records showing that the required management practices are being met, other 

emission related repairs and maintenance is performed, and records of manufacturer’s 

procedures and follow-ups must be kept on site for five years. 

(40 CFR '§ 63.6655 and 63.6660). 

ES 005/GL 001/S 007- Cummins 1500 DFLE, ES 005/GL 002/S 008-Detroit Diesel 500 

DS, ES 005/GL 003/S 009- Onan 500 DFFB, ES 005/GL 004/S 010- Detroit Diesel 1500 

DSEB and ES 006/GS 002/S 012- Detroit Diesel 350 DSE 

 

(i) These Compression Ignition reciprocating internal combustion engines were 

constructed prior to June 12, 2006. They shall comply with the existing source 

requirements of this rule. (40 CFR '§ 63.6580, 63.6585(a), (c) and (d), 

63.6590(a)(1)(iii) and (iv)). 

(ii) These units must comply with the applicable requirements of this rule at all times. 

 The units must at all times be operated in a manner consistent with safety and good 

air pollution control practices for minimizing emissions. (40 CFR ' 63.6605). 

(iii) These units shall be in compliance with all applicable requirements by May 3, 

2013. (40 CFR ' 63.6595(a)(1) and (b)). 

(iv) Each unit shall limit the concentration of CO in the engine exhaust to 23 ppmvd at 

15% oxygen or reduce the engine’s CO emissions by 70% or more. (40 CFR 

' 63.6603(a) and Tables 2d, 4 and 5). 

(v) If any of these units have a displacement of less than 30 liters per cylinder, they 

shall comply with the non-road diesel requirements of 40 CFR ' 80.510(b), which 

requires a maximum sulfur content of 15 ppm and a minimum cetane index of 40 or 

aromatic content of 35% volume. (40 CFR ' 63.6604). 
9 

(vi) An initial performance test shall be conducted on each unit within 180 days after 

May 3, 2013. A subsequent performance test shall be conducted on each unit every 

8,760 hours of operation or every 3 years, whichever comes first. (40 CFR 

'§ 63.6612, 63.6615, 63.6620, 63.6630 and Table 3). 

(vii) If a unit is not equipped with a closed crankcase ventilation system: Install a 

closed ventilation system that prevents crankcase emissions from being emitted to the 

atmosphere, or install an open crankcase filtration emission control system that 

reduces emissions from the crankcase by filtering the exhaust stream to remove oil 

mist, particulates and metals. (40 CFR ' 63.6625(g)). 

(viii) Each unit shall demonstrate continuous compliance with the CO emission limit 

pursuant to 40 CFR '§ 63.6635, 63.6640 and Table 6. Each unit must undergo a 

performance test for CO every 8,760 hours or 3 years, whichever comes first, to 

demonstrate that the required CO percent reduction is achieved, or that the unit’s CO 

emissions are below the concentration limit. (Table 6, item #10). 

(ix) Each unit must be operated and maintained according to the manufacturer’s 

instructions. During periods of engine startup, emissions must be limited by 

minimizing the engine’s time spent at idle during startup, and minimizing the engine's 

startup time to a period needed for appropriate and safe loading of the engine, not to 

exceed 30 minutes, after which time the non-startup emission limitations apply. (40 

CFR ' 6625(h) and Table 2d). 

(x) An initial notification must be submitted by August 31, 2010. A Notice of Intent 

to conduct a performance test must be submitted 60 days prior to the performance test 

date. A Notification of Compliance Status must be submitted within 60 days of the 

performance test. (40 CFR ' 63.6645(a), (g) and (h)). 

(xi) All routine compliance and deviation reports shall be submitted according to this 

title V permit, see Section III.B., below. (40 CFR ' 63.6650 and Table 7). 

(xii) All records showing that the required management practices are being met, other 

emission related repairs and maintenance is performed, records of Continuous 

Emission Monitors or Continuous Parameter Monitoring Systems and records of 

manufacturer’s procedures and follow-ups must be kept on site for five years. (40 

CFR '§ 63.6655 and 63.6660). 

III. General Permit Requirements

A. Recordkeeping Requirements [40 CFR '71.6(a)(3)(ii)] 

In addition to any recordkeeping requirements stated in this permit, the permittee shall 

comply with the following generally applicable recordkeeping requirements: 

(1) The permittee shall keep records of any monitoring activity related information and 
10 

shall include the following: 

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

(ii) The date(s) 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. 

(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 and copies of all reports required by this permit. [40 CFR '

71.6(a)(3)(ii)(B)] 

B. Reporting Requirements [40 CFR '71.6(a)(3)(iii).] 

(1) The permittee shall submit to EPA Region 2 reports of all monitoring required under 

this permit every 6 months. The reports are due on April 1st and October 1st of every 

year during the permit term. All instances of deviations from permit requirements 

must be clearly identified in such reports. All required reports must be certified by a 

responsible official consistent with Section IV.F. of this permit. 

(i) 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 related activity being monitored. 

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

and limitations, 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 

excursions or exceedances as defined under 40 CFR part 64, and the date 

on which each deviation occurred. 
11 

(6) All other monitoring results, data, or analyses necessary to demonstrate 

compliance with this permit. 

(7) The name, title, and signature of the responsible official who is certifying 

to the truth, accuracy, and completeness of the report. 

(2) The permittee shall promptly report to EPA Region 2, by telephone or facsimile, 

deviations from permit conditions, including those attributable to upset conditions as 

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

actions or preventive measures taken. A written notice, certified consistent with 

permit condition V.F.(a), must be submitted within 10 working days of the occurrence. 

 For the purposes of this section of the permit, prompt is defined as follows: 

(i) Reports of deviations will be submitted based on the following schedule: 

(1) For emissions of a hazardous air pollutant that continue for more than an hour 

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

occurrence. 

(2) For emissions of any regulated pollutant excluding the HAPs, that continue 

for more than two hours in excess of permit requirements, the report must be 

made within 48 hours of the occurrence. 

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

submitted with the semi-annual monitoring report required in section IV.B.(a). 

[40 CFR ' 71.6(a)(3)(iii)(B)] 

(ii) ADeviation@ 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 recordkeeping established in accordance with ' 71.6(a)(3)(i) and 

(a)(3)(ii). For a situation lasting more than 24 hours which constitutes a 

deviation, each 24 hour period is considered a separate deviation. Included in the 

meaning of deviation are any of the following: 

(1) A situation where emissions exceed an emission limitation or standard; 

(2) A situation where process or emissions control device parameter values 

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

(3) A situation in which observations or data collected demonstrates 

noncompliance with an emission limitation or standard or any work 

practice or operating condition required by the permit; 
12 

(4) A situation in which an exceedance or an excursion as defined in 40 CFR 

part 64 occurs. 

C. Compliance Schedule [40 CFR ' 71.6(c)(3) and (4) and ' 71.5(c)(8)(iii)] 

(1)The facility is in compliance with all applicable requirements at the date that it 

submitted its application and will continue to comply with such requirements. [40 

CFR ' 71.5(c)(8)(iii)(A)]. 

(2) For applicable requirements that will become effective during the permit term, the 

source shall meet such requirements on a timely basis. [40 CFR ' 71.5(c)(8)(iii)(B)]. 

D. Permit Shield [40 CFR ' 71.6(f)] 

(1) Compliance with the conditions of this permit shall be deemed compliance with any 

applicable requirements specifically identified in the permit as of the date of permit 

issuance. 

(2) Nothing in this permit shall alter or affect the following: 

(i) The provisions of section 303 of the Clean Air Act (emergency orders), including 

the authority of the Administrator under that section; 

(ii) The liability of a permittee for any violation of applicable requirements prior to or 

at the time of permit issuance; or 

(iii) The ability of the EPA to obtain information under section 114 of the Clean Air 

Act. [40 CFR ' 71.6(f)(3)]. 

(iv) Should the facility go beyond the PTE limits set out in this permit for NOx, it will 

be subject to an enforcement action, a reopening of this permit and treatment as a 

major source under 40 CFR part 71. 

E. Operational Flexibility [40 CFR ' 71.6(a)(13)]

(1) 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 
13 

that are monitoring (including test methods), recordkeeping, reporting, or 

compliance certification requirements. [40 CFR ' 71.6(a)(13)(i)]. 

(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. [40 CFR ' 71.6(13)(i)(A)]. 

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

provision. [40 CFR ' 71.6(13)(i)(B)].

F. Economic Incentives Program 

No permit revision shall be required, under any approved economic incentives, 

marketable permits, emissions trading and other similar programs or processes for 

changes that are provided for in this permit. [40 CFR ' 71.6(a)(8)]. 

 
14 

G. Chemical Accident Prevention [ 40 CFR part 68] 

Should the permittee of a stationary source reach a threshold quantity of a regulated 

substance in a process, as determined under 40 CFR ' 68.115, it 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: 

(1) Three years after the date on which a regulated substance is first listed under 40 CFR 

' 68.130; or 

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

process. [40 CFR ' 68.10(a)]. 

H. Stratospheric Ozone and Climate Protection [40 CFR part 82] 

The permittee shall comply with the standards for recycling and emissions reduction of 

ozone depleting substances pursuant to 40 CFR part 82, subpart F, except as provided for 

motor vehicle air conditioners (MVACs) in subpart B: 

(1) Persons opening appliances for maintenance, service, repair, or disposal must comply 

with the required practices pursuant to 40 CFR ' 82.156. 

(2) 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. 

(3) Persons performing maintenance, service, repair, or disposal of appliances must be 

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

82.161. 

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

comply with recordkeeping requirements pursuant to 40 CFR ' 82.166. ("MVAC-like 

appliance" as defined at 40 CFR ' 82.152). 

(5) Persons owning commercial or industrial process refrigeration equipment must 

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

(6) 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. 
15 

I. Asbestos Removal and Disposal

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

renovation or demolition at the facility. [40 CFR part 61, subpart M]. 

V. Part 71 Administrative Requirements

A. Annual Fee Payment [40 CFR ' 71.6(a)(7) and 40 CFR ' 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 each year by April 1st. [40 CFR '

71.9(h)]. 

(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. [40 CFR ' 71.9(k)(1)]. 

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

U.S. EPA Region II 

P.O. Box 360188M 

Pittsburgh, PA 15251 

[40 CFR ' 71.9(k)(2)] 

(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 in 

section IV.F. of this permit. [40 CFR ' 71.9(h)(1)]. 

(6) Basis for calculating annual fee: 

(i) The annual emissions fee shall be calculated by multiplying the total tons of 

actual emissions of all Aregulated pollutants (for fee calculation)@ emitted from the 

source by the presumptive emissions fee (in dollars/ton)1

 in effect at the time of 

calculation. [40 CFR ' 71.9(c)(1)]. 

 1

 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. 
16 

(a) AActual emissions@ means the actual rate of emissions in tpy of any 

regulated pollutant2 (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, inplace control equipment, and types of materials processed, stored, or 

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

(b) 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)]. 

(c) 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)]. 

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

(a) 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)]. 

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

included in the fee calculation. [40 CFR ' 71.9(c)(5)(ii)]. 

(c) The quantity of actual emissions (for fee calculation) of insignificant 

activities [defined in ' 71.5(c)(11)(i)] or of insignificant emissions levels 

from emissions units identified in the permittee=s application pursuant to 

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

(7) Fee calculation worksheets shall be certified as to truth, accuracy, and completeness 

by a responsible official. [40 CFR ' 71.9(h)(2)]. 

(8) The permittee shall retain all work sheets and other materials used to determine fee 

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

emissions data is submitted. [40 CFR ' 71.9(i)]. 

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

assessment of penalties and interest. [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. [40 CFR ' 71.9(j)(2)]. 

 2

 The term Aregulated pollutant (for fee calculation)@ is defined in 40 CFR ' 71.2. 
17 

(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. [40 CFR ' 71.9(j)(3)]. 

B. Annual Emissions Inventory [40 CFR ' 71.9(h)] 

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

criteria pollutants and regulated HAPS for this facility for the preceding calendar year, by 

April 1 of each year. The annual emissions report shall be submitted to EPA at the 

address listed in provision Section IV.F. of this permit. 

C. Compliance Requirements [40 CFR ' 71.6(a)(6)(i) and (ii), and sections 113(a) 

and 113(e)(1) of the Act, and 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 constitutes a violation of the Clean Air Act and is grounds for 

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

modification; or for denial of a permit renewal application. [40 CFR ' 71.6(a)(6)(i)]. 

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

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

with the conditions of this permit. [40 CFR ' 71.6(a)(6)(ii)]. 

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

IV.D. of this permit, or establishing whether or not a person has violated or is in 

violation of any requirement of this permit, nothing shall preclude the use, including 

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

source would have been in compliance with applicable requirements if the appropriate 

performance or compliance test or procedure had been performed. [section 113(a) and 

113(e)(1) of the Act, 40 CFR ' 60.11(g)]. 

D. Compliance Certifications [40 CFR ' 71.6(c)(5)] 

The permittee hereby certifies compliance with all permit terms and conditions, including 

emission limitations, standards, or work practices. The permittee hereby certifies as to 

the truth, accuracy, and completeness of this certification. The permittee must continue 

to provide compliance certifications on an annual basis. 

(1) The certification shall include the following: 

(i) Whether or not the actual emissions/operations were below the 

emission/operation limits stated in section II of this permit, 

(ii) The identification of the method(s) or other means used for determining the 
18 

compliance status of each term and condition during the certification period, 

(iii) The status of compliance with the terms and conditions of the permit for the 

period covered by the certification based on the method or means designated in 

(ii) above. The certification shall identify each deviation and take it into account 

in the compliance certification. Identify as soon as possible exceptions to 

compliance any periods during which an excursion or exceedance under 40 CFR 

part 64 (CAM) occurred, 

(iv) Such other facts as the EPA may require to determine the compliance status of the 

source, including but not limited to, 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 false certification or omitting material information 

and, 

(v) Whether compliance with each permit term was continuous or intermittent. [40 

CFR ' 71.6(c)(5)(iii)]. 

E. Duty to Provide and Supplement Information [40 CFR ' 71.6(a)(6)(v), 

'71.5(a)(3), and ' 71.5(b)] 

(1) 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 must be 

accompanied by a claim of confidentiality according to the provisions of 40 CFR part 

2, subpart B. [40 CFR ' 71.6(a)(6)(v), ' 71.5(a)(3)]. 

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

information was submitted in the permit application, shall promptly submit such 

supplementary facts or corrected information. [40 CFR ' 71.5(b)]. 

F. Submissions [40 CFR ' 71.5(d), ' 71.6 and ' 71.9] 

(1) Any document (application form, report, compliance certification, etc.) required to be 

submitted under this permit shall be certified by a responsible official as to truth, 

accuracy, and completeness. Such certifications shall state that based on information 

and belief formed after reasonable inquiry, the statements and information in the 

document are true, accurate, and complete. 

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

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

and applications for renewals and permit modifications shall be submitted to: 
19 

Steven C. Riva, Chief 

Permitting Section, Air Programs Branch 

EPA Region 2 

290 Broadway, 25th Floor 

New York, NY 10007 

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

G. Severability Clause [40 CFR '71.6(a)(5)] 

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. 

H. 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. 

I. Administrative Permit Amendments and Permit Modifications 

[40 CFR ' 71.7(d) and (e)] 

In order to amend or modify this permit, the permittee shall meet the criteria established 

and comply with the requirements for administrative permit amendments or permit 

modifications provided under ' 71.7(d) or (e), respectively. 

J. Reopening for Cause [40 CFR ' 71.7(f)] 

The permit may be reopened and revised prior to expiration under any of the following 

circumstances: 

(1) Additional applicable requirements under the Act become applicable to the permittee 

with 3 or more years remaining before expiration of this permit. Such a reopening 

shall be completed no later than 18 months after promulgation of the applicable 

requirement. No such reopening is required if the effective date of the requirement is 

later than the date on which the permit is due to expire, unless the original permit or 

any of its terms and conditions have been extended pursuant to 40 CFR ' 71.7 (c)(3). 

(2) 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. 
20 

(3) EPA determines that the permit must be revised or revoked to assure compliance with 

the applicable requirements. 

K. Property Rights [40 CFR '71.6(a)(6)(iv)] 

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

L. Inspection and Entry [40 CFR ' 71.6(c)(2)] 

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

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

(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. 

M. Emergency Provisions [40 CFR ' 71.6(g)] 

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

requirement, the permittee may seek to establish that noncompliance with a 

technology-based emission limitation under this permit was due to an emergency. To 

do so, the permittee shall demonstrate the affirmative defense of emergency through 

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

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

emergency; 

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

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

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

requirements in this permit; and 

(iv) the permittee submitted notice of the emergency to EPA within 2 working days of 
21 

the time when emission limitations were exceeded due to the emergency. This 

notice must contain a description of the emergency, any steps taken to mitigate 

emissions, and corrective actions taken. This notice fulfills the requirements of 

Section III.B. of this permit, concerning prompt notification of deviations. 

(2) In any enforcement proceeding the permittee attempting to establish the occurrence of 

an emergency has the burden of proof. 

(3) An Aemergency@ means any situation arising from sudden and reasonably 

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

situation requires immediate corrective action to restore normal operation, and that 

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

due to unavoidable increases in emissions attributable to the emergency. An 

emergency shall not include noncompliance to the extent caused by improperly 

designed equipment, lack of preventive maintenance, careless or improper operation, 

or operator error. 

N. Transfer of Ownership or Operation [40 CFR ' 71.7(d)(1)(iv)] 

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. 

O. Off Permit Changes [40 CFR '71.6(a)(12)] 

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

the following requirements are met: 

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

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

permit term or condition. 

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

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

Clean Air Act. 

(4) 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. 
22 

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

(6) 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. 

P. Permit Expiration and Renewal [40 CFR '§ 71.5(a)(1)(iii), (a)(2) and (c)(5), 

71.6(a)(11), 71.7(b), (c)(1) and (c)(3)] 

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

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

(ii) the source is issued a part 70 or part 71 permit under an EPA approved or 

delegated permit program. [40 CFR ' 71.6(a)(11)]. 

(2) Expiration of this permit terminates the permittee=s right to operate unless a timely and 

complete permit renewal application has been submitted at least 12 months but not 

more than 18 months prior to the date of expiration of this permit. [40 CFR '

71.5(a)(1)(iii)]. 

(3)An application for permit renewal shall be submitted to the EPA Regional office 12 

months prior to expiration of this permit. 

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

consistent with 40 CFR ' 71.5(a)(2), but EPA Region 2 has failed to issue or deny the 

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

shield granted pursuant to 40 CFR ' 71.7(b) shall remain in effect until the renewal 

permit has been issued or denied. This application shield shall cease to apply if, 

subsequent to the completeness determination, the permittee fails to submit any 

additional information identified as being needed to process the application by the 

deadline specified in writing by EPA Region 2. [40 CFR ' 71.7(b) and (c)(3)]. 

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

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

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

(6) 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. [40 

CFR ' 71.5(a)(2) and (c)(5)].