United States Environmental Protection Agency, Region IX 

Air Division

75 Hawthorne Street 

San Francisco, CA 94105

 TITLE V PERMIT TO OPERATE

Permit Number: MO-ROP 10-01 

In accordance with the provisions of Title V of the Clean Air Act and 40 CFR Part 71 and 

applicable rules and regulations, 

Morongo Casino Cogeneration Facility 

Banning, CA 

is authorized to operate air emission units and to conduct other air pollutant emitting activities in 

accordance with the permit conditions listed in this permit. Terms and conditions not otherwise 

defined in this permit have the meaning assigned to them in the referenced regulations. All 

terms and conditions of the permit are enforceable by EPA and citizens under the Clean Air Act. 

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

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

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

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

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

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

facility. 

 

Date Deborah Jordan 

Director, Air Division 

EPA Region IX 

 
2 

Abbreviations and Acronyms

AR Acid Rain 

ARP Acid Rain Program 

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

CAM Compliance Assurance Monitoring 

CFR Code of Federal Regulations 

EIP Economic Incentives Program 

gal gallon 

HAP Hazardous Air Pollutant 

HHV higher heating value 

hr hour 

Id. No. Identification Number 

kg kilogram 

lb pound 

MACT Maximum Achievable Control Technology 

MCC Morongo Casino Cogeneration Facility 

MVAC Motor Vehicle Air Conditioner 

Mg megagram 

MMBtu million British Thermal Units 

mo month 

NESHAP National Emission Standards for Hazardous Air Pollutants 

NOx Nitrogen Oxides 

NSPS New Source Performance Standards 

NSR New Source Review 

PM Particulate Matter 

PM-10 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 

TSP Total Suspended Particulate 

US EPA United States Environmental Protection Agency 

VOC Volatile Organic Compounds 

 

 
3 

TABLE OF CONTENTS 

Cover Page 

Abbreviations and Acronyms 

I. Source Identification

A. General Information 

B. Emission-Generating Units and Activities 

II. Requirements for Specific Units

A. Emission Limits 

B. Work Practice and Operational Requirements 

C. Monitoring and Testing Requirements 

D. Recordkeeping Requirements 

E. Operational Flexibility 

III. Facility-Wide or Generic Permit Conditions

A. Testing Requirements 

B. Recordkeeping Requirements 

C. Reporting Requirements 

E. Asbestos from Demolition and Renovation 

IV. Title V Administrative Requirements

A. Fee Payment 

B. Blanket Compliance Statement 

C. Compliance Certifications 

D. Duty to Provide and Supplement Information 

E. Submissions 

F. Severability Clause 

G. Permit Actions 

H. Reopening for Cause 

I. Property Rights 

J. Inspection and Entry 

K. Emergency Provisions 

L. Transfer of Ownership or Operation 

M. Off Permit Changes 

N. Permit Expiration and Renewal 

O. Administrative Permit Amendments 

P. Minor Permit Modifications 

Q. Significant Modifications 

 
4 

I. Source Identification 

I.A. General Information

Plant Name: Morongo Casino Cogeneration Facility 

 City: Banning State: CA 

County: Riverside 

EPA Region: IX 

Reservation: Morongo Tribe: Morongo Band of Mission Indians 

Phone: (951) 755-5115 

Phone: (951) 755-5100 

AFS Plant Identification Number: 06-065-MOR01 

Description of Process: Cogeneration plant 

I.B. Emission-Generating Units and Activities 

Emission Unit I.D. No. Unit Description Associated Control Equipment

EG-1 Caterpillar Model G3520 IC engine, 2,055 kW SCR & oxidation catalyst 

EG-2 Caterpillar Model G3520 IC engine, 2,055 kW SCR & oxidation catalyst 

EG-3 Caterpillar Model G3520 IC engine, 2,055 kW SCR & oxidation catalyst 

EG-4 Caterpillar Model G3520 IC engine, 2,055 kW SCR & oxidation catalyst 

EG-5 Caterpillar Model G3516 IC engine, 2,000 kW None 

EG-6 Caterpillar Model G3516 IC engine, 2,000 kW None 

EG-7 Caterpillar Model G3516 IC engine, 2,000 kW None 

II. Requirements for Specific Units 

II.A. Emission Limits 

1. Except during periods of startup, shutdown and malfunction, the CAT G3520 

natural gas-fired engines at the Facility shall not emit air pollutants in amounts 

higher than 0.15 grams per brake horsepower-hour (g/BHP-hr) of NOx and 0.15 

g/BHP-hr of VOC at any time during operation. [CAA § 304(f), 40 CFR § 

71.6(b)] 

2. Except during periods of startup, shutdown and malfunction, the CAT 3516B low 

sulfur diesel oil-fired engines at the Facility shall not emit air pollutants in 

amounts higher than 9.17 g/BHP-hr of NOx and 0.32 g/BHP-hr of VOC at any 
5 

time during operation. [CAA § 304(f), 40 CFR § 71.6(b)] 

3. The actual emissions from the entire facility, including startups and shutdowns, 

shall not exceed 18.7 tons per year of NOx and 18.7 tons per year of VOC, based 

on a 12-month rolling average. [CAA § 304(f), 40 CFR § 71.6(b)] 

II.B. Work Practice and Operational Requirements [CAA § 304(f), 40 CFR § 71.6(b)] 

1. MCC shall operate and maintain Selective Catalytic Reduction (SCR) and 

Oxidation Catalyst units to control NOx and CO emissions from emission units 

EG- 01, 02, 03, and 04. 

2. The Facility shall utilize pipeline quality natural gas as the exclusive internal 

reciprocating engine fuel for the CAT G3520 engines. 

3. The Facility shall utilize No. 2 fuel oil for the CAT 3516B engines. The fuel oil 

shall be limited to a maximum sulfur content of 0.05% sulfur by weight. 

4 Natural gas usage for the Facility shall not exceed 451.1 million standard cubic 

feet per year (mmscf/yr). 

5. No. 2 fuel oil usage for the Facility shall not exceed 49,052 gallons/yr. 

6. MCC shall conduct periodic maintenance of the four natural gas-fired engines and 

any add-on control equipment, as recommended by the engine and control 

equipment manufacturers or as specified by any other maintenance procedure 

approved in writing by the Administrator. Periodic maintenance for each device 

shall be conducted at least once each calendar year. 

II.C. Monitoring and Testing Requirements [40 CFR §§ 71.6(a)(3)(i)(B) and 

(C);71.6(a)(3)(ii); and 71.6(c)(1)] 

1. To verify compliance with the annual Facility emission limits for NOx and VOC 

specified in Condition II.A.3, MCC shall calculate the annual emissions on a 

rolling 12-month basis by using the following equation: 

18.7 tons NOx/yr ≥ [(Monthly Heat Input for 4 x CAT 3520 Natural Gas-Fired Engines 

(mmBtu) x 0.044 lbs NOx/mmBtu) + (Monthly Number of CAT 

3520 Natural Gas-Fired Engine Startups x 0.700 lbs NOx/Startup) 

+ (Monthly Number of CAT 3520 Natural Gas-Fired Engine 

Shutdowns x 0.300 lbs NOx/Shutdown) + (Monthly Heat Input for 

3 x CAT 3516 Diesel Oil-Fired Engines (mmBtu) x 3.105 lbs 

NOx/mmBtu)] / 2,000 lbs/ton 

 + 

Previous 11 Monthly NOx Emission Calculations 
6 

MCC shall perform this rolling 12-month annual emission calculation in the first 

week of each month using the heat input for the prior month, and shall maintain 

all records and calculations at the Facility. 

2. MCC shall monitor and record the stack concentration of NOx (as NO2) and O2

from EG-1, EG-2, EG-3, and EG-4, using a portable NOx analyzer in accordance 

with EPA Test Method 034. MCC shall conduct this monitoring on a quarterly 

basis. 

3. If the NOx concentration, as measured by the portable analyzer, exceeds 12.0 

ppmv @15% O2, MCC shall take corrective action to return the emissions to 

below this concentration as soon as possible, but no longer than one hour of 

operation after detection. If NOx emissions continue to exceed 12.0 ppmv @15% 

O2 after one hour of operation after detection, MCC must shut down the generator 

and not operate it again until the problem has been corrected. MCC must notify 

EPA of any such event that lasts for one hour or longer via electronic mail sent to 

r9.aeo@epa.gov. Each event that equals or exceeds one hour in duration must 

also be identified in the semi-annual monitoring report required by Condition 

III.C.1 of this permit. 

4. If any generator is shut down for one hour or longer as a result of a NOx reading 

that exceeds 12.0 ppmv @15% O2, MCC shall begin monthly monitoring of NOx

emissions from EG-1, EG-2, EG-3, and EG-4 for the next three months. After 

three months of monthly monitoring, MCC may resume quarterly monitoring. 

5. During each monthly or quarterly use of the portable NOx analyzer on EG-1, 

EG-2, EG-3, and EG-4, MCC shall monitor and record the engine load in kWs 

output and the urea injection rate. 

6. MCC shall conduct or cause to be conducted performance tests (as described in 

40 CFR 60.8) for NOx and VOCs on the exhausts of the four natural gas-fired 

engines at the facility (EG-1, EG-2, EG-3, and EG-4). The performance tests 

shall be conducted to demonstrate compliance with the emission limits specified 

in Condition II.A.1 of this permit. The tests for NOx and VOC shall be conducted 

at the maximum operating capacity of the engines being tested. MCC shall 

conduct performance tests on one gas-fired engine per year, according to the 

following schedule: 

year 1: EG-1 

year 2: EG-2 

year 3: EG-3 

year 4: EG-4 

year 5: EG-1 

In addition, any engine that was shut down for one hour or longer as a result of a 

NOx reading that exceeded 12.0 ppmv @15% O2 as required by Condition II.C.3. 
7 

shall also be tested during the next scheduled round of performance testing. 

II.D. Recordkeeping Requirements [40 CFR §§ 71.6(a)(3)(i)(B) and (C); 71.6(a)(3)(ii); and 

71.6(c)(1)] 

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

system evaluations, all continuous monitoring system or monitoring device 

calibration checks, adjustments and maintenance performed on these systems or 

devices, performance and all other information required by 40 CFR Parts 60 or 75 

recorded in a permanent form suitable for inspection. The file shall be retained 

for at least five (5) years following the date of such measurement, maintenance, 

reports, and records. 

2. MCC shall maintain a log of the NOx monitoring sessions performed with the 

portable analyzer. At a minimum the log shall contain the following records: 

(a) the date and time of NOx and O2 measurements 

(b) the measured O2 concentration as a percentage 

(c) the measured NOx concentrations corrected to 15% O2

(d) engine load in kWs output and urea injection rate in gallons per 

hour 

(e) make and model of exhaust gas analyzer 

(f) exhaust gas analyzer calibration records 

(g) a description of any corrective action taken to maintain the 

emissions within the acceptable range. 

3. MCC shall maintain a log of the operation of all natural gas and diesel engines 

(EG-1, EG-2, EG-3, EG-4, EG-5, EG-6, and EG-7). The log shall contain the 

dates and times of each startup and shutdown of each engine. 

4. MCC shall maintain all natural gas purchase records, including HHV of natural 

gas purchased. 

5. The sulfur content of the fuel oil shall be documented in a valid purchase contract, 

supplier certification, or tariff or transportation contract. MCC shall maintain this 

documentation and make it available for inspection at all times. 

II.E. Operational Flexibility

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

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

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

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

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

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

Title I modifications. This class of changes does not include: 
8 

(i) Changes that would violate applicable requirements; or 

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

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

reporting, or compliance certification requirements. 

(b) The permittee is required to send a notice to EPA at least seven (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. 

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

this provision.

III. Facility-Wide or Generic Permit Requirements 

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

at the facility. [See 40 CFR § 71.6(a)(1)]

III.A. Testing Requirements [40 CFR §§ 71.6(a)(3)(i)(B) and (C); 71.6(a)(3)(ii); and 

71.6(c)(1)] 

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

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

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

are sufficient for compliance purposes: 

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

source test plan shall include and address the following elements: 

1.0 Purpose of the test 

2.0 Source Description and Mode of Operation During Test 

3.0 Scope of Work Planned for Test 

4.0 Schedule/Dates 

5.0 Process Data to be Collected During Test 

6.0 Sampling and Analysis Procedures 

 6.1 Sampling Locations 

 6.2 Test Methods 

 6.3 Analysis Procedures and Laboratory Identification 

7.0 Quality Assurance Plan 

 7.1 Calibration Procedures and Frequency 

 7.2 Sample Recovery and Field Documentation 

 7.3 Chain of Custody Procedures 

 7.4 QA/QC Project Flow Chart 
9 

8.0 Data Processing and Reporting 

 8.1 Description of Data Handling and QC Procedures 

 8.2 Report Content 

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

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

110% of device design capacity). 

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

parameters during a compliance source test. No adjustments are to be made 

within two (2) hours of the start of the tests. Any operating adjustments made 

during a source test, that are a result of consultation during the tests with source 

testing personnel, equipment vendors, or consultants, may render the source test 

invalid. 

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

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

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

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

emission unit being tested. 

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

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

other operating conditions to be monitored, correction of O2, etc. 

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

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

the emission limit. There must be at least 2 valid test runs, unless otherwise 

specified. 

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

required source test. 

III.B. Recordkeeping Requirements [40 CFR §§ 71.6(a)(3)(i)(B) and (C); 71.6(a)(3)(ii); and 

71.6(c)(1)] 

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

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

with the following generally applicable recordkeeping requirements: 

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

the following: 

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

b. The date(s) analyses were performed; 
10 

c. The company or entity that performed the analyses; 

d. The analytical techniques or methods used; 

e. The results of such analyses; and 

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

measurement. 

2. The permittee shall retain records of all required monitoring data and support 

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

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

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

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

permit. 

III.C. Reporting Requirements [40 CFR §§ 71.6(a)(3)(i)(B) and (C); 71.6(a)(3)(ii); and 

71.6(c)(1)] 

1. The permittee shall submit to EPA Region 9 reports of any monitoring required 

under 40 CFR § 71.6(a)(3)(i)(A), (B), or (C) for each six month reporting period 

from January 1 to June 30 and from July 1 to December 31. All reports shall be 

submitted to EPA and shall be postmarked by the 30th day following the end of 

the reporting period. All instances of deviations from permit requirements must 

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

responsible official consistent with Condition IV.E.

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

(1) The company name and address. 

(2) The beginning and ending dates of the reporting period. 

(3) The emissions unit or activity being monitored. 

(4) The emissions limitation or standard, including operational 

requirements and limitations (such as parameter ranges), specified 

in the permit for which compliance is being monitored. 

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

those attributable to upset conditions as defined in the permit and 

including exceedances as defined under 40 CFR Part 64, and the 

date on which each deviation occurred. 

(6) If the permit requires periodic monitoring, visual observations, 

work practice checks, or similar monitoring, the report shall 

include the total time when such monitoring was not performed 

during the reporting period and at the source’s discretion either the 

total duration of deviations indicated by such monitoring or the 

actual records of deviations. 

(7) All other monitoring results, data, or analyses required to be 

reported by the applicable requirement. 

(8) The emission calculations required by Condition II.C.1, for the 

months covered by the monitoring reporting period. 

(9) The name, title, and signature of the responsible official who is 
11 

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

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

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

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

c. “Deviation,” means any situation in which an emissions unit fails to meet 

a permit term or condition. A deviation is not always a violation. A 

deviation can be determined by observation or through review of data 

obtained from any testing, monitoring, or record keeping established in 

accordance with 40 CFR §§ 71.6(a)(3)(i) and (a)(3)(ii). For a situation 

lasting more than 24 hours, each 24-hour period is considered a separate 

deviation. Included in the meaning of deviation are any of the following: 

(1) A situation when emissions exceed an emission limitation or 

standard. 

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

values indicate that an emission limitation or standard has not been 

met. 

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

noncompliance with an emission limitation or standard or any 

work practice or operating condition required by the permit. 

(4) A situation in which an exceedance, as defined in the compliance 

assurance plan (40 CFR Part 64), occurs. 

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

permit or start-up, shut-down malfunction plan requirements, including those 

attributable to upset conditions as defined in this permit, the probable cause of 

such deviations, and any corrective actions or preventive measures taken. 

“Prompt” is defined as follows: 

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

deviations provided in an underlying applicable requirement as identified 

in this permit; 

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

provide a timeframe for reporting deviations, reports of deviations will be 

submitted based on the following schedule: 

(1) For emissions of a hazardous air pollutant (as identified in the 

applicable regulation) that continue for more than an hour in 

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

hours of the occurrence. 

(2) For emissions of any regulated pollutant excluding a hazardous air 

pollutant that continue for more than two hours in excess of permit 

requirements, the report must be made within 48 hours. 

(3) For all other deviations from permit requirements, the report shall 
12 

be submitted with the semi-annual monitoring report required in 

Condition III.C.1 of this permit. 

3. If any of the provisions in Condition III.C.2.b of this permit are triggered, the 

source must notify the permitting authority by facsimile, or electronic mail sent to 

r9.aeo@epa.gov, based on the timetable listed. A written notice, certified 

consistent with Condition III.C.4 of this permit section must be submitted within 

ten (10) working days of the occurrence. All deviations reported under this 

section must also be identified in the 6-month report required under Condition 

III.C.1 of this section. 

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

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

responsible official of truth, accuracy and completeness consistent with Section 

IV.E of this permit and 40 CFR § 71.5(d). All certifications shall state that, based 

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

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

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

The permittee shall comply with the requirements of Sections 61.140 through 61.157 of 

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

[40 CFR Part 61, Subpart M] 

IV. Title V Administrative Requirements

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

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

outlined below. [See 40 CFR § 71.9(a).] 

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

3. The fee payment shall be in United States currency and shall be paid by money 

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

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

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

the two addresses below: 

Address for Regular Mail through U.S. Postal Service: 

U.S. Environmental Protection Agency 

FOIA and Miscellaneous Payments 

Cincinnati Finance Center 

PO Box 979078 

St. Louis, MO 63197-9000 
13 

Address for Express Delivery (or When a Physical Address is Required): 

U.S. Bank 

Government Lockbox 979078 US EPA FOIA & Misc. Payments 

1005 Convention Plaza 

 Mail Station SL-MO-C2GL 

St. Louis, MO 63101 

5. The permittee shall send an updated fee calculation worksheet form and a 

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

submitted annually by the same deadline as required for fee payment to this 

address: 

EPA Region 9 

Air Permits Office (Attn: AIR-3) 

75 Hawthorne Street 

San Francisco, CA 94105 

6. Basis for calculating annual fee: 

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

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

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

in effect at the time of calculation. 

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

any regulated pollutant (for fee calculation) emitted from a Part 71 

source over the preceding calendar year. Actual emissions shall be 

calculated using each emissions unit’s actual operating hours, 

production rates, in-place control equipment, and types of 

materials processed, stored, or combusted during the preceding 

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

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

permit for determining compliance, such as monitoring or source 

testing data. [40 CFR § 71.9(h)(3).] 

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

methods in the permit, the permittee shall use other federally 

recognized procedures. 40 CFR § 71.9(e)(2). 

(4) The term “regulated pollutant (for fee calculation)” is defined in 40 

CFR § 71.2. 

(5) The permittee should note that the presumptive fee amount is 

revised each calendar year to account for inflation, and it is 

available from EPA prior to the start of each calendar year. 

b. The permittee shall exclude the following emissions from the calculation 

of fees: 
14 

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

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

40 CFR § 71.9(c)(5)(i); 

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

already included in the fee calculation, 40 CFR § 71.9(c)(5)(ii); 

and 

(3) The quantity of actual emissions (for fee calculation) of 

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

insignificant emissions levels from emissions units identified in the 

permittee’s application pursuant to 40 CFR § 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 

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

data used to determine fee payment for 5 years following submittal of fee 

payment. Emission-related data include, for example, emissions-related forms 

provided by EPA and used by the permittee for fee calculation purposes, 

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

emissions monitoring data and related support information required to be kept in 

accordance with 40 CFR § 71.6(a)(3)(ii). [40 CFR § 71.9(i).] 

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

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

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

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

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

challenge such fee, shall provide a written explanation of the alleged error to EPA 

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

IV.B. Blanket Compliance Statement [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, including, but not limited to, violation of any applicable 

requirement; any permit term or condition; any fee or filing requirement; any duty 

to allow or carry out inspection, entry, or monitoring activities; or any regulation 

or order issued by the permitting authority pursuant to this part constitutes a 

violation of the Clean Air Act and is grounds for enforcement action; permit 

termination, revocation and reissuance, or modification; or for denial of a permit 

renewal application. It shall not be a defense for a permittee in an enforcement 

action that it would have been necessary to halt or reduce the permitted activity in 

order to maintain compliance with the conditions of this permit. [40 CFR § 
15 

71.6(a)(6)(i) and (ii).] 

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

violations of this permit, are not limited to the applicable testing or monitoring 

methods required by the underlying regulations or this permit; other credible 

evidence (including any evidence admissible under the Federal Rules of 

Evidence) must be considered in such determinations. [CAA §§ 113(a) and 

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

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

1. The permittee shall submit to EPA Region 9 a certification of compliance with 

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

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

calendar year. The compliance certification shall be certified as to truth, accuracy, 

and completeness by the permit-designated responsible official consistent with 

Section IV.E. of this permit and 40 CFR § 71.5(d). [40 CFR § 71.6(c)(5)] 

2. The certification shall include the following: 

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

certification. 

b. Identification of the method(s) or other means used for determining the 

compliance status of each term and condition during the certification 

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

intermittent data. If necessary, the owner or operator also shall identify 

any other material information that must be included in the certification to 

comply with Section 113(c)(2) of the Clean Air Act, which prohibits 

knowingly making a false certification or omitting material information. 

c. The compliance status of each term and condition of the permit for the 

period covered by the certification based on the method or means 

designated above. The certification shall identify each deviation and take 

it into account in the compliance certification. 

d. Whether compliance with each permit term was continuous or 

intermittent. 

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

The permittee shall furnish to EPA, within a reasonable time, any information that EPA 

may request in writing to determine whether cause exists for modifying, revoking, and reissuing, 

or terminating the permit, or to determine compliance with the permit. Upon request, the 

permittee shall also furnish to the EPA copies of records that are required to be kept pursuant to 

the terms of the permit, including information claimed to be confidential. Information claimed to 

be confidential should be accompanied by a claim of confidentiality according to the provisions 
16 

of 40 CFR Part 2, Subpart B. The permittee, upon becoming aware that any relevant facts were 

omitted or incorrect information was submitted in the permit application, shall promptly submit 

such supplementary facts or corrected information. The permittee shall also provide additional 

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

this permit is issued. 

IV.E. Submissions [40 CFR §§ 71.5(d), 71.6, and 71.9] 

Any document required to be submitted with this permit shall be certified by a 

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

based on information and belief formed after reasonable inquiry, the statements and information 

in the document are true, accurate, and complete. All documents required to be submitted, 

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

calculation worksheets, and applications for renewals and permit modifications shall be 

submitted to: 

EPA Region IX (Attn: AIR-1) 

75 Hawthorne Street 

San Francisco, CA 94105 

IV.F. 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. 

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

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

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

termination, or of a notification of planned changes or anticipated noncompliance does not stay 

any permit condition. 

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

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

following circumstances: 

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

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

years.

b. Additional requirements (including excess emissions requirements) 

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

Upon approval by the Administrator, excess emissions offset plans shall 

be deemed to be incorporated into the permit. 
17 

c. EPA determines that the permit contains a material mistake or that 

inaccurate statements were made in establishing the emissions standards 

or other terms or conditions of the permit. 

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

compliance with the applicable requirements. 

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

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

IV.J. Inspection and Entry [40 CFR § 71.6(c)(2)] 

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

permittee shall allow authorized representatives from EPA to perform the following: 

1. Enter upon the permittee’s premises where a Part 71 source is located or 

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

conditions of the permit; 

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

the conditions of the permit; 

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

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

the permit; and 

4. As authorized by the Clean Air Act, sample or monitor at reasonable times 

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

or applicable requirements. 

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

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

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

MCC shall demonstrate the affirmative defense of emergency through properly 

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

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

emergency; 

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

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

minimize levels of emissions that exceeded the emissions standards, or 

other requirements in this permit; and 
18 

d. MCC submitted notice of the emergency to EPA within two (2) working 

days of the time when emission limitations were exceeded due to the 

emergency. This notice must contain a description of the emergency, any 

steps taken to mitigate emissions, and corrective actions taken. This 

notice fulfills the requirements of Condition III.C(b) of this permit. 

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

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

2. An “emergency” means any situation arising from sudden and reasonably 

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

which situation requires immediate corrective action to restore normal operation, 

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

the permit due to unavoidable increases in emissions attributable to the 

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

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

improper operation, or operator error. 

IV.L. Transfer of Ownership or Operation 

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

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

permit is necessary and provided that a written agreement containing a specific 

date for transfer of permit responsibility, coverage, and liability between the 

current and new permittee has been submitted to EPA. [40 CFR § 71.7(d)(1)(iv)] 

IV.M. 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 must comply with all applicable requirements and may not violate 

any existing permit term or condition; 

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

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

of the Clean Air Act; 

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. 
19 

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. 

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

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

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

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

timely and complete permit renewal application has been submitted on or before a 

date 6 months, but not more than 18 months, prior to the date of expiration of this 

permit. 

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

submitted, consistent with 40 CFR § 71.5(a)(2), but the permitting authority has 

failed to issue or deny the renewal permit, then the permit shall not expire until 

the renewal permit has been issued or denied and any permit shield granted 

pursuant to 40 CFR § 71.6(f) may extend beyond the original permit term until 

renewal. The permittee’s failure to have a Part 71 permit is not a violation of this 

part until EPA takes final action on the permit renewal application. This 

protection shall cease to apply if, subsequent to the completeness determination, 

the permittee fails to submit any additional information identified as being needed 

to process the application by the deadline specified in writing by EPA. 

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. 

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. 

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

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

procedures for a permit revision that: 

(i) Corrects typographical errors. 

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

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

at the source. 
20 

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

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

the EPA determines that no other change in the permit is necessary, 

provided that a written agreement containing a specific date for transfer of 

permit responsibility, coverage, and liability between the current and new 

permittee has been submitted to the EPA. 

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

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

such a program meets procedural requirements substantially equivalent to 

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

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

compliance requirements substantially equivalent to those contained in 40 

CFR § 71.6. 

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

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

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

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

for those modifications that: 

(i) Do not violate any applicable requirement. 

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

recordkeeping requirements in the permit. 

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

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

temporary sources of ambient impacts, or a visibility or increment 

analysis. 

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

there is no corresponding underlying applicable requirement and that the 

source has assumed to avoid an applicable requirement to which the 

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

(1) A federally enforceable emissions cap assumed to avoid 

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

(2) An alternative emissions limit approved pursuant to regulations 

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

(v) Are not modifications under any provision of title I of the Clean Air Act. 
21 

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

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

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

used for permit modifications involving the use of economic incentives, 

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

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

applicable implementation plan or in applicable requirements promulgated by 

EPA. 

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

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

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

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

(ii) The source's suggested draft permit; 

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

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

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

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

States as required under 40 CFR § 71.8. 

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

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

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

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

source must comply with both the applicable requirements governing the change 

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

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

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

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

seeks to modify may be enforced against it. 

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

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

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

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

for those modifications that: 

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

amendments. 
22 

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

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

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

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

conditions irrelevant. 

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

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

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

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

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