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 of its 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 of Basis 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 of this permit in accordance with the requirements and procedures in 40 CFR § 71.11 (1) and section 307(b) of the Act. If you have

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

Sincerely, 

# n oll';" 

# 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 I ndian 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 potentia l 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 pe r 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) and2 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 t py 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 Indi an 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 

### POLLUTIO N 

### CONTROL

TITLE V 

### PERMIT TO 

### OPERATE

Pennit Number: ONEIDA002 Replaces Pennit No.: ONEIDAOOI Issue Date: 

### J 

## UL - 5 2011

Effective Date: 

### JUL - 5 

### 20lh Expiration Date: 

### JUL - 4 2 16

In accordance with the provisions of title V of the 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 of the 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 Datei AIR POLLUTION CONTROL-TI TLE 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 17ii 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
SO 2 Sulfur Dioxide tpy Tons Per Year US EPA United States Environmental Protection Agency VOC Volatile Organic Compounds1 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 Requirements3 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 the4 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 300RD6 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 cont ent 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 that8 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 and10 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 1 st and October 1 st 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) A Deviation @ means any situation in which an emissions unit fails to meet a permit
term or condition. A deviation is not al ways 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 conditions13 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 Prev ention 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 1 st . [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 conf irmation 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 A regulated 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) A Actual emissions @ means the actual rate of emissions in tpy of any regulated pollutant 2 (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 A regulated 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 complian ce 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 the18 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, 25 th 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 Amendm ents 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 of21 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 A emergency @ means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation,
or operator error.

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)].