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 15-01

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
 Page 2 of 25

Abbreviations and Acronyms

BHP break horsepower

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

CFR Code of Federal Regulations

CO Carbon monoxide

EPA United States Environmental Protection Agency

°F degree Fahrenheit 

gal gallon

HAP Hazardous Air Pollutant

HHV higher heating value

hr hour

IC Internal Combustion

kg kilogram

kW kiloWatt

lb pound

MVAC Motor Vehicle Air Conditioner

MMBtu million British Thermal Units

MMscf million Standard Cubic Feet

NOx Nitrogen Oxides

O2 Oxygen

PM Particulate Matter

PM-10 Particulate matter less than 10 microns in diameter

ppm parts per million

QA Quality Assurance

QC Quality Control

RICE Reciprocating Internal Combustion Engine

SCR Selective catalytic reduction 

SO2 Sulfur Dioxide

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

TSP Total Suspended Particulate

VOC Volatile Organic Compounds

yr year
 Page 3 of 25

Table of Contents

TITLE V PERMIT TO OPERATE................................................................................................. 1

Abbreviations and Acronyms ......................................................................................................... 2

I. Source Identification ............................................................................................................. 5

I.A. General Information ......................................................................................................... 5

I.B. Emission-Generating Units and Activities....................................................................... 5

II. Standard Terms and Conditions.......................................................................................... 6

II.A. Duty to Comply................................................................................................................ 6

II.B. Credible Evidence ............................................................................................................ 6

II.C. Permit Actions and Expiration ......................................................................................... 6

II.D. Changes Not Requiring Permit Modification................................................................... 7

II.E. Inspection and Entry......................................................................................................... 7

II.F. Fragmentation................................................................................................................... 8

II.G. Property Rights................................................................................................................. 8

II.H. Severability....................................................................................................................... 8

II.I. Fees................................................................................................................................... 8

II.J. Document Submittal......................................................................................................... 8

II.K. Circumvention.................................................................................................................. 9

III. General Requirements ........................................................................................................ 10

III.A. Work Practice Requirements.......................................................................................... 10

III.B. Monitoring and Testing.................................................................................................. 10

III.C. Recordkeeping Requirements ........................................................................................ 12

III.D. Notification and Reporting............................................................................................. 12

III.E. Payment of Fees and Reporting of Actual Emissions.................................................... 15

IV. Facility Wide Requirements............................................................................................... 18

IV.A. Emission Limits.............................................................................................................. 18

IV.B. Monitoring and Testing Requirements........................................................................... 18

V. Emission Unit Specific Requirements —— Non-Emergency Internal Combustion 

Engines......................................................................................................................................... 19

V.A. Emission Limits.............................................................................................................. 19

V.B. Work Practice and Operational Requirements............................................................... 19

V.C. Monitoring and Testing Requirements........................................................................... 20

V.D. Recordkeeping and Reporting Requirements................................................................. 21
 Page 4 of 25

VI. Emission Unit Specific Requirements —— Commercial Emergency Compression 

Ignition IC Engines..................................................................................................................... 23

VI.A. Emission Limits.............................................................................................................. 23

VI.B. Work Practice and Operational Requirements............................................................... 23

VI.C. Recordkeeping and Reporting Requirements................................................................. 24

Attachment A .............................................................................................................................. 25
 Page 5 of 25

I. Source Identification

I.A. General Information

Applicant Name Morongo Band of Mission Indians

Mailing Address 12700 Pumarra Road

Banning, CA 92220

Facility Name Morongo Casino Cogeneration Facility

Facility Location 49500 Seminole Drive, 

Cabazon, CA 92230

Reservation Morongo Band of Mission Indians

Responsible Official Robert Martin, Tribal Chairman 

(951) 755-5100

Facility Contact Michael Milhiser, Chief Administrative Officer 

(951) 755-5115

AFS Identification Number 06-065-MOR01

SIC Code 7011 Hotels and Motels (Casino Hotels)

2012 NAICS Code 721120 Casino Hotels

Process Description Cogeneration plant

Source Category Synthetic Minor Source

I.B. Emission-Generating Units and Activities

Emission 

Unit I.D. 

No.

Unit Description Associated Control Equipment

EG-1

Caterpillar G3520 natural gas-fired

spark ignition 4 stroke lean burn IC 

engine (2,055 kW)

SCR unit and oxidation catalyst with automatic 

shutdown system before the catalyst inlet 

temperature exceeds 1350°F

EG-2

Caterpillar G3520 natural gas-fired 

spark ignition 4 stroke lean burn IC 

engine (2,055 kW)

SCR unit and oxidation catalyst with automatic

shutdown system before the catalyst inlet 

temperature exceeds 1350°F

EG-3

Caterpillar G3520 natural gas-fired 

spark ignition 4 stroke lean burn IC 

engine (2,055 kW)

SCR unit and oxidation catalyst with automatic 

shutdown system before the catalyst inlet 

temperature exceeds 1350°F

EG-4

Caterpillar G3520 natural gas-fired 

spark ignition 4 stroke lean burn IC 

engine (2,055 kW)

SCR unit and oxidation catalyst with automatic 

shutdown system before the catalyst inlet 

temperature exceeds 1350°F

EG-5

Caterpillar 3516B diesel-fired 

commercial compression ignition 

emergency IC engine (2,000 kW)

N/A

EG-6

Caterpillar 3516B diesel-fired 

commercial compression ignition 

emergency IC engine (2,000 kW)

N/A

EG-7

Caterpillar 3516B diesel-fired 

commercial compression ignition 

emergency IC engine (2,000 kW)

N/A
 Page 6 of 25

II. Standard Terms and Conditions

II.A. Duty to Comply

1. The permittee shall comply with all conditions of this permit. Any permit noncompliance 

constitutes a violation of the 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)] 

II.B. Credible Evidence

1. For the purpose of submitting compliance certifications in accordance with Condition 

III.D.3 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. 

[Sections 113(a) and 113(e)(1) of the Act, 40 CFR 60.11(g), and 61.12]

II.C. Permit Actions and Expiration

1. 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. [40 CFR 71.6(a)(6)(iii)]

2. This permit may be reopened and revised by EPA following the procedures specified in 40 

CFR 71.7(f)(2) and (3) under any of the following circumstances: [40 CFR 71.7(f)(1)]

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

remaining permit term is three or more years.

b. Additional requirements (including excess emissions requirements) become 

applicable to an affected source under the acid rain program.

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 shall be revised or revoked to assure compliance with 

the applicable requirements.

3. This permit is issued for a fixed term and will expire five years from the date of issuance
 Page 7 of 25

unless it is revoked or superseded by another permit issued by EPA or an approved or

delegated authority. [40 CFR 71.6(a)(11)(ii)-(iii)]

4. Permit expiration terminates the permittee’s right to operate the source unless a complete 

permit renewal application has been submitted at least six months but not more than 18 

months prior to the expiration date. If a complete permit renewal application has been 

submitted in a timely manner, then the permit and any permit shield that may have been 

granted shall not expire but shall remain in effect until the renewal permit is issued or the 

renewal application is denied.

[40 CFR 71.5(a)(1)(iii), 71.7(b), 71.7(c)(1)(ii), and 71.7(c)(3)]

II.D. Changes Not Requiring Permit Modification

1. The permittee may make certain changes not addressed or prohibited by the permit 

provided the following requirements are met: [40 CFR 71.6(a)(12)]

a. Each change meets all applicable requirements and does not violate any existing 

permit term or condition; 

b. The permittee provides written notice as required by Condition III.D.6;

c. The permittee keeps a record required by Condition III.C.2.

2. The permittee is allowed to make section 502(b)(10) of the Act changes without requiring a 

permit revision, if the changes are not modifications under any provision of Title I of the 

Act and the changes do not exceed the emissions allowable under the permit. For each such 

change, written notification as required by Condition III.D.7 shall be submitted to EPA. [40 

CFR 71.6(a)(13)(i)]

3. 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)]

II.E. Inspection and Entry

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

the permittee shall allow EPA or authorized representatives to perform the 

following: [40 CFR 71.6(c)(2)]

a. Enter upon the permittee's premises where a part 71 source is located or emissionsrelated activity is conducted, or where records shall be kept under the conditions of 

the permit; 

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

conditions of the permit; 

c. Inspect at reasonable times any facilities, equipment (including monitoring and air 
 Page 8 of 25

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

permit; and

d. As authorized by the Act, sample or monitor at reasonable times substances or 

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

requirements.

II.F. Fragmentation

1. Fragmentation, which divides ownership of an operation within the same facility among 

various owners where there is no real change in control, will not affect the applicability 

of the provisions of 40 CFR Part 63. [40 CFR 63.4(c)]

II.G. Property Rights

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

[40 CFR 71.6(a)(6)(iv)]

II.H. Severability

1. 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. [40 CFR 71.6(a)(5)]

II.I. Fees

1. The permittee shall pay annual fees in accordance with Condition III.E.1. 

[40 CFR 71.6(a)(7) and 71.9(a)]

II.J. Document Submittal

1. Any document required to be submitted under this permit shall contain a certification by a

responsible official of truth, accuracy, and completeness. This certification and any other 

certification required under this part shall state that, based on information and belief 

formed after reasonable inquiry, the statements and information in the document are true, 

accurate, and complete. Unless otherwise specified in this permit, any document required 

to be submitted under this permit shall be submitted to: [40 CFR 71.5(d), 71.6(c)(1)]

Director, Enforcement Division (Attn: ENF-2-1)

U. S. Environmental Protection Agency, Region IX 

75 Hawthorne Street

San Francisco, CA 94105
 Page 9 of 25

II.K. Circumvention

1. The permittee shall not build, erect, install, or use any article, machine, equipment, or 

process to conceal an emission that would otherwise constitute noncompliance with a 

relevant standard. Such concealment includes, but is not limited to: [40 CFR 60.12 and 

63.4(b)]

a. The use of diluents to achieve compliance with a relevant standard based on the 

concentration of a pollutant in the effluent discharged to the atmosphere; and

b. The use of gaseous diluents to achieve compliance with a relevant standard for 

visible emissions.
 Page 10 of 25

III. General Requirements

III.A. Work Practice Requirements

1. The permittee shall: [40 CFR 71.6(c)(3)]

a. Continue to comply with all applicable requirements with which the permittee is in 

compliance at the time of permit issuance;

b. Comply on a timely basis with all applicable requirements that become effective 

during the permit term; and

c. Comply with applicable requirements with which the permittee is not in 

compliance at the time of permit issuance according to the compliance schedule in 

the permit application.

2. The permittee shall comply with 40 CFR Part 61, Subpart M for asbestos removal and 

disposal when conducting any renovation or demolition at the facility.

[40 CFR Part 61, Subpart M]

3. The permittee shall comply with the chemical accident release prevention provisions of 

40 CFR Part 68 no later than the following dates: [40 CFR 68.10]

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

CFR 68.130; or

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

in a process.

4. Except as provided for motor vehicle air conditioners (MVACs) in 40 CFR Part 82, 

Subpart B, the permittee shall comply with the stratospheric ozone and climate protection 

standards for recycling and emissions reduction pursuant to 40 CFR Part 82, Subpart F. 

[40 CFR Part 82, Subpart F]

5. When service on motor vehicles involves ozone-depleting substances in MVACs, the 

permittee shall comply with all the applicable requirements for stratospheric ozone and 

climate protection as specified in 40 CFR Part 82, Subpart B. [40 CFR Part 82, Subpart 

B]

III.B. Monitoring and Testing

1. In addition to the specific testing requirements contained in the emission unit sections of 

this permit, the permittee shall comply with the following generally applicable testing 

requirements unless otherwise specified in the applicable regulation or emission unit 

specific condition requiring the test, or EPA determines otherwise in writing:

[40 CFR 60.8(b)-(g), 63.7(b)-(g), 71.6(a)(3) and 71.6(c)(1)]
 Page 11 of 25

a. Testing shall be performed according to an EPA approved test plan that includes 

and addresses the following element:

(1) Purpose and scope of testing;

(2) Source description and mode of operation during the test;

(3) Schedules and dates of testing;

(4) Process data to be collected during the test;

(5) Sampling and analysis procedures;

(6) Sampling locations;

(7) Test methods;

(8) Analysis procedures and laboratory identification;

(9) Quality assurance;

(10) Calibration procedures and frequency;

(11) Sample recovery and field documentation;

(12) Chain of custody procedures;

(13) QA/QC project flow chart;

(14) Data processing and reporting

(15) Description of data handling and QC procedures; and

(16) Report content and timing.

b. The source shall be operated at a capacity at least 90 percent but no more than 110 

percent of design capacity during each test run.

c. All performance tests and data reduction shall be conducted in accordance with the 

procedures in the appendices of 40 CFR Part 51, 60, 61, or 63. 

d. 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 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.

e. Each source test shall consist of at least three 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 shall be at least two valid test runs for the test to be 

considered valid.

2. The permittee shall provide performance testing facilities as follows:

[40 CFR 60.8(b)-(g), 63.7(b)-(g), 71.6(a)(3) and 71.6(c)(1)]

a. Sampling ports adequate for test methods applicable to such source. This includes: 

(1) Constructing the air pollution control system such that volumetric flow 

rates and pollutant emission rates can be accurately determined by 

applicable test methods and procedures; and 

(2) Providing a stack or duct free of cyclonic flow during performance tests, 

as demonstrated by applicable test methods and procedures; 

b. Safe sampling platform(s); 
 Page 12 of 25

c. Safe access to sampling platform(s); 

d. Utilities for sampling and testing equipment; and 

e. Any other facilities that the Administrator deems necessary for safe and adequate 

testing of a source.

III.C. Recordkeeping Requirements

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

following: [40 CFR 71.6(a)(3)(ii)(A)]

a. The date, place as defined in the permit, and time of sampling or 

measurements;

b. The date(s) analyses were performed;

c. The company or entity that performed the analyses;

d. The analytical techniques or methods used;

e. The results of such analyses; and

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

2. The permittee shall keep a record describing off-permit changes allowed by 

Condition II.D.1 made at the source that result in emissions of a regulated air 

pollutant subject to an applicable requirement, but not otherwise regulated under the 

permit, and the emissions resulting from those changes. [40 CFR 71.6(a)(12)(iv)]

3. 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 all original strip-chart recordings for continuous monitoring 

instrumentation, and copies of all reports required by the permit.

[40 CFR 60.7(f), 60.116b(a), 60.505(d) and (f), 63.4(a)(2), 63.10(b)(1), 63.567(j)(2), 

63.6660, and 71.6(a)(3)(ii)(B)]

III.D. Notification and Reporting

1. 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 63.9(j) and 71.5(b)]

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

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 shall be clearly identified in such reports. All 
 Page 13 of 25

required reports shall be certified by a responsible official consistent with condition II.J.1. 

a. A monitoring report under this section shall 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 

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

on which each deviation occurred;

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

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

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

emissions or parameter exceedances during the reporting period, and the 

total downtime of the continuous monitoring system during the reporting 

period;

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

practice checks, or similar monitoring, the report shall include the total 

time when such monitoring was not performed during the reporting 

period and at the source’s discretion either the total duration of deviations 

indicated by such monitoring or the actual records of deviations;

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

the applicable requirement;

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

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

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

information described in Conditions III.D.2.a.(1) through (9) above shall satisfy the 

requirement under Condition III.D.2.a.

3. 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 II.J.1 of this permit and 40 

CFR 71.5(d). [40 CFR 63.9(h)(3), 63.428(c)(2) and 71.6(c)(5)]

a. The annul compliance certification shall include the following:

(1) The identification of each term or condition of the permit that is the basis 

of the certification;
 Page 14 of 25

(2) The identification of the method(s) or other means used by the permittee 

for determining the compliance status with each term and condition 

during the certification period. Such methods and other means shall 

include, at a minimum, the monitoring required by this permit; and

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

the period covered by the certification, including whether compliance 

during the period was continuous or intermittent. The certification shall 

be based on the method or means designated in Condition III.D.3.a.(2).

The compliance certification shall identify each deviation.

4. The permittee shall promptly report to EPA deviations from any permit requirements, as 

defined in 40 CFR 71.6(a)(3)(iii)(C), including those attributable to upset conditions as 

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

preventive measures taken. Where the underlying applicable requirement contains a 

definition of prompt or otherwise specifies a time frame for reporting deviations, that 

definition or time frame shall govern. Where the underlying applicable requirement fails 

to address the time frame for reporting deviations, reports of deviations shall be submitted 

to the permitting authority based on the following schedule:

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

a. For emissions of a hazardous air pollutant or a toxic air pollutant (as identified in an 

applicable regulation) that continue for more than an hour in excess of permit 

requirements, the report shall be made with 24 hours of the occurrence.

b. For emissions of any regulated air pollutant, excluding hazardous or toxic air 

pollutants (as identified in an applicable regulation), that continue for more than 

two hours in excess of permit requirements, the report shall be made within 48 

hours.

c. If any of the conditions are met as described in Condition III.D.4.a or III.D.4.b, the 

permittee shall notify EPA by telephone or facsimile based on the timetable listed in 

these conditions. A written notice, certified consistent with 40 CFR 71.5(d), shall be 

submitted within ten (10) working days of the occurrence.

d. For all other deviations from permit requirements, the report shall be contained in 

the semiannual monitoring report submitted in accordance with the timeframe given 

in Condition III.D.2.

5. The permittee shall provide contemporaneous written notice to EPA of each off-permit 

change allowed by Condition II.D.1, except for changes that qualify as insignificant under 

40 CFR 71.5(c)(11). Such written notice shall describe each such change, including the 

date, any change in emissions, pollutants emitted, and any applicable requirement that 

would apply as a result of the change. [40 CFR 71.6(a)(12)(ii)]

6. For each section 502(b)(10) of the Act change allowed by Condition II.D.2, the permittee 
 Page 15 of 25

shall provide written notification to EPA at least seven days before the proposed change 

which includes a brief description of the change within the permitted facility, the date on 

which the change will occur, any change in emissions, and any permit term or condition 

that is no longer applicable as a result of the change. [40 CFR 71.6(a)(13)(i)]

7. 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 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 shall 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) and 71.5(a)(3)]

8. The permittee shall submit the following notifications and reports, in a timely manner, or 

a compliance test, including monitoring system performance test, may be considered 

invalid: [40 CFR 60.8(b)-(g), 63.9(e) and (g), 63.10(d)(2), 71.6(a)(3) and 71.6(c)(1)]

a. Written notification of the intention to perform a compliance test at least 60 days 

before the test is schedule to begin;

b. A written test plan that addresses the elements in Condition III.B.1 at least 60 days 

before the test is scheduled to begin; and

c. A test report that addresses adherence to the written test plan submitted in 

accordance with Condition III.B.1 and includes records of data required to be 

monitored during the test by the test plan, applicable regulation, or emission unit

specific conditions submitted to the Administrator at the address specified in 

Condition II.J.1.

III.E. Payment of Fees and Reporting of Actual Emissions

1. The permittee shall pay annual fees and submit actual emission reports in accordance with 

the procedures described below. Failure 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): 

[40 CFR 71.9(a), 71.9(h)(1)-(3), 71.9(j), 71.9(k), and 71.9(l)]

a. The permittee shall pay the annual permit fee and submit the fee filing form by April 

1 of each year.

b. 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 and sent to one of the two 

addresses below:

Address for regular mail through US Postal Service:

 U.S. Environmental Protection Agency 
 Page 16 of 25

 FOIA and Miscellaneous Payments 

 Cincinnati Finance Center

 PO Box 979078

 St. Louis, MO 63197-9000

Address for Express Delivery (or when a physical address is required):

 U.S. Bank

 Government Lockbox 979078 US EPA FOIA & Misc. Payments 

 1005 Convention Plaza

 Mail Station SL-MO-C2GL 

 St. Louis, MO 63101

c. The permittee shall send an updated fee calculation worksheet and confirmation of 

fee payment to EPA Region 9 simultaneous with fee payment at the following 

address:

 Director, Air Division (Attn: AIR-3)

 U.S. Environmental Protection Agency, Region IX 

 75 Hawthorne Street

 San Francisco, CA 94105

d. If EPA determines that a source has completed the fee calculation work sheet 

incorrectly, the permitting authority shall bill the applicant for the corrected fee or 

credit overpayments to the source’s account.

e. The permittee shall calculate and update the calculation worksheet using the 

following methods:

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

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

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

in effect at the time of calculation.

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

regulated pollutant (for fee calculation), as defined in 40 CFR 71.2, 

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.

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

permit for determining compliance, such as monitoring or source 

testing data.

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

methods in the permit, the permittee shall use other federally 

recognized procedures.

(2) The permittee shall exclude the following emissions from the calculation of 
 Page 17 of 25

fees:

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

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

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

already included in the fee calculation; and

(iii) 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).

(iv) Fee calculation worksheets shall be certified as to truth, accuracy, 

and completeness by a responsible official.

(v) If the permittee is notified by EPA of additional amounts due, the 

permittee shall remit full payment within 30 days of receipt of the 

invoice.

(vi) If the permittee thinks that the assessed fee is in error, the permittee 

shall provide a written explanation of the alleged error to EPA 

along with the assessed fee.

(vii) The permitting authority shall, within 90 days of receipt of the 

correspondence, review the data to determine whether the assessed 

fee was in error. If an error was made, the overpayment shall be 

credited to the account of the Part 71 source.

2. The permittee shall retain, in accordance with Condition III.C.3, all work sheets and other 

materials used to determine fee payments. Records shall be retained for 5 years following 

the year in which the emissions data is submitted. [40 CFR 71.9(i)]
 Page 18 of 25

IV. Facility Wide Requirements

IV.A. Emission Limits

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

malfunctions 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)]

IV.B. Monitoring and Testing Requirements

1. To demonstrate compliance with Condition IV.A.1, the permittee shall calculate the annual 

emissions of NOx and VOC on a rolling 12-month basis. A sample equation can be found in 

Attachment A.

2. The permittee shall perform the rolling 12-month annual emission calculation in the first 

week of each month using the heat input for the prior month and the emission factors of the 

most recent performance tests for each CAT 3520 natural gas-fired engine.

3. The permittee shall maintain all records of all calculations at the Facility.
 Page 19 of 25

V. Emission Unit Specific Requirements: Non-Emergency Internal 

Combustion Engines

V.A. Emission Limits

1. 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 except during periods of startups and 

shutdowns. [CAA 304(f), 40 CFR 71.6(b)]

2. The CAT G3520 engines’ annual average CO concentration shall not exceed 47 ppmvd at 

15 percent O2 as measured during the annual performance test specified in Condition 

V.C.6. [40 CFR 63 Subpart ZZZZ Table 6, Item 14.a.i]

3. The NOx concentration, as measured by the portable analyzer specified in Condition V.C.3, 

shall not exceed 12.0 ppmv @15% O2. [40 CFR 71.6(b)]

V.B. Work Practice and Operational Requirements

[CAA 304(f), 40 CFR 71.6(b), 40 CFR 63]

1. The permittee shall maintain and operate each CAT G3520 engine, including any

associated air pollution control equipment and monitoring equipment, in a manner 

consistent with safety and good air pollution control practices for minimizing emissions, 

and according to the manufacture’s emission-related written instructions at all times, 

including periods of startup, shutdown, maintenance, and malfunction. [40 CFR 

63.6605(b)]

2. Periodic maintenance for each device shall be conducted at least once each calendar year. 

[40 CFR 71.6(b)]

3. At all times the permittee shall be in compliance with all applicable requirements under 40 

CFR Subpart ZZZZ. [40 CFR 63.6605(a)]

4. The permittee shall minimize each engine’s time spent at idle during 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. [40 CFR 63.6625(h)]

5. The permittee shall utilize pipeline quality natural gas as the exclusive internal 

reciprocating engine fuel for the CAT G3520 engines. [40 CFR 71.6(b)]

6. Natural gas usage for the facility shall not exceed 451.1 million standard cubic feet per year 

(mmscf/yr). [40 CFR 71.6(b)]

7. The permittee shall immediately shuts down the engine if the catalyst inlet temperature 

exceeds 1350°F. [40 CFR Part 63 Subpart ZZZZ Table 5, Item 13]
 Page 20 of 25

V.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. Except for monitor malfunctions, associated repairs, required performance evaluations, and 

required quality assurance or control activities, the permittee shall monitor continuously at 

all times that the stationary RICE is operating. A monitoring malfunction is any sudden, 

infrequent, not reasonably preventable failure of the monitoring to provide valid data. 

Monitoring failures that are caused in part by poor maintenance or careless operation are 

not malfunctions.[40 CFR 63.6635(b)]

2. The permittee shall use all the valid data collected during all period except data recorded 

during monitoring malfunctions, associated repairs, and required quality assurance or 

control activities in data averages and calculations used to report emission or operating 

levels. [40 CFR 63.6635(c)]

3. The permittee 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 or ASTM D6522-00 as incorporated by reference in 40 CFR 63.14(b)(86). 

The facility shall conduct this monitoring on a quarterly basis. 

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

@15% O2, the permittee 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, the permittee shall shut down the generator and not 

operate it again until the problem has been corrected. The permittee shall 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 shall also be 

identified in the semi-annual monitoring report required by Condition III.B.1 of this 

permit as a deviation. 

b. 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, the permittee 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 which demonstrates compliance, the permittee may 

resume quarterly monitoring.

c. During each monthly or quarterly use of the portable NOx analyzer on EG-1, EG-2, 

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

output and the urea injection rate.

4. The permittee 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 V.A.1 of this 

permit. The tests for NOx and VOC shall be conducted at the maximum operating capacity 
 Page 21 of 25

of the engines being tested. The permittee shall conduct performance tests on one gas-fired 

engine per year, according to the following schedule:

 year 1: EG-2

 year 2: EG-3

 year 3: EG-4

 year 4: EG-1

 year 5: EG-2

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 V.C.3.a shall also be 

tested during the next scheduled round of performance testing.

5. If the catalyst is changed, the facility shall conduct a performance test in accordance with 

Condition V.C.6.b to demonstrate that the emission limitation specified in Condition V.A.2 

is being met. [40 CFR 63.6640 (b)]

6. The permittee shall demonstrate continuous compliance with the applicable requirements of 

40 CFR Subpart ZZZZ by conducting an annual compliance performance test. The 

performance test shall measure CO and O2 emissions at the same time using one of the 

measurement methods specified in Table 4 or Appendix A of 40 CFR Subpart ZZZZ.

a. The compliance demonstration shall consist of at least one test run; and 

b. Each test run shall be at least 15 minute duration, except that each test conducted 

using the method in Appendix A of 40 CFR Subpart ZZZZ shall consist of at least 

one measurement cycle and include at least 2 minutes of test data phase measurement. 

[40 CFR 63.6640, 40 CFR Part 63 Subpart ZZZZ Table 5, Item 13; Table 6, Item 

14.a.iii]

7. If the results of the annual compliance demonstration show that the CO emissions exceed 

47 ppmvd at 15 percent O2 and temperature limit, the stationary RICE shall be shut down 

as soon as safely possible, and appropriate corrective action shall be taken (e.g., repairs, 

catalyst cleaning, catalyst replacement). The stationary RICE shall be retested within 7 days 

of being restarted and the emissions shall meet the levels specified in Condition V.A.2. If 

the retest shows that the emissions continue to exceed the specified levels, the stationary 

RICE shall again be shut down as soon as safely possible, and the stationary RICE may not 

operate, except for purposes of startup and testing, until the owner/operator demonstrates 

through testing that the emissions do not exceed the emission limitation specified in 

Condition V.A.2. [40 CFR 63.6640(c)(7)]

V.D. Recordkeeping and Reporting 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 notification and reports submitted, 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, 63 or 75 
 Page 22 of 25

recorded in a permanent form suitable for inspection. 

2. The permittee 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; and

g. A description of any corrective action taken to maintain the emissions within the 

acceptable range.

3. The permittee shall maintain a log of the operation of all natural gas engines (EG-1, EG-2, 

EG-3, and EG-4). The log shall contain the dates and times of each startup and shutdown 

of each engine.

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

purchased.

5. The permittee shall submit a 40 CFR Subpart ZZZZ compliance report with the monitoring 

report specified in Condition III.B.1 semiannually. The Compliance report shall contain the 

following additional information:[40 CFR 63.6650(c)(1)-(5); (d)(1)-(2); 40 CFR Subpart 

ZZZZ Table 7, Item 3.a.1]

a. If there are no deviations from any applicable emission or operating limitations, a 

statement that there were no deviations from the emission or operating limitations 

during the reporting period;

b. The total operating time of the CAT G3520 engines at which the deviation occurred 

during the reporting period;

c. Information on the number, duration, and cause of deviations (including unknown 

cause, if applicable), as applicable, and the corrective action taken.

d. The results of the annual compliance demonstration as indicated in Condition V.C.9, 

if conducted during the reporting period.

6. Records shall be retained for at least five (5) years following the date of such measurement, 

maintenance, reports, and records. The most recent two years of data shall be retained on 

site. [40 CFR 63.6660, 63.10(b)(1) and 71.6(a)(3)(ii)(B)]
 Page 23 of 25

VI. Emission Unit Specific Requirements: Commercial Emergency 

Compression Ignition IC Engines

VI.A. Emission Limits

1. 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

time during operation except during periods of startup and shutdown. [CAA 304(f), 40 

CFR 71.6(b)]

VI.B. Work Practice and Operational Requirements

[CAA 304(f), 40 CFR 71.6(b)]

1. The permittee 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. 

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

3. The permittee shall minimize each emergency diesel engine’s time spent at idle during 

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. [40 CFR 63.6625(h)]

4. Operation of each emergency diesel engine shall be in accordance with the following 

requirements: [40 CFR 63.6640(f)]

a. Emergency situations and there is no time limit on the use during emergency 

situations;

b. Limited to 100 hours per year for maintenance checks and readiness testing, provided 

that the tests are recommended by federal, state or local government, the 

manufacturer, the vendor, the regional transmission organization or equivalent 

balancing authority and transmission operator, or the insurance company associated 

with the engine;

c. The CAT 3516B engines shall not be used for emergency demand response purposes.

d. Up to 50 hours per year for other non-emergency situations, but those 50 hours are 

counted towards the 100 hours per year as listed in Condition VI.B.4.b. The 50 hours 

per year for non-emergency situations cannot be used: 

(1) For peak shaving;

(2) To generate income for a facility to supply power to an electric grid;

(3) For non-emergency demand response; or

(4) Otherwise supply power as part of a financial arrangement with another 

entity.

e. Any engine which fails to comply with these operational limits may be reclassified as 
 Page 24 of 25

a non-emergency engine and may be subject to additional requirements.

VI.C. Recordkeeping and 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 maintain a log of the CAT 3516B diesel engines. The log shall contain 

the notification of the emergency situation, and the date, start time, and end time of engines 

operation for these purposes.

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

certification, or tariff or transportation contract. The permittee shall maintain this 

documentation for at least five years and make it available for inspection at all times.
 Page 25 of 25

Attachment A

The rolling 12-month emission total is the sum of each natural gas engine’s monthly emissions,

plus the monthly diesel engines emission, and plus the previous 11 months of emissions as 

shown below:

Rolling 12 Month Emissions (tons) = GGEEEE−1 + GGEEEE−2 + GGEEEE−3 + GGEEEE−4 + D + P

For each natural gas engine (EG-1, EG-2, EG-3, EG-4):

G = Monthly Natural Gas Engine Emissions � lbs

month� = F∗

E

H+SU+SD

2000

F = Fuel Throughput �

MMBtu

month� = HHV ∗ lbs fuelmonth ∗ MM106

E = Emission from the Most Recent Performance Test �

lb

hr�

H = Heat Input Rate �

MMBtu

hr � = (R∗HHV)106

R = Fuel Rate �

lbs fuel

hr �

HHV = Higher Heating Value of the Fuel � Btu

lb fuel�

SU� lbs

month� = Number of Startups Each Month ∗ 0.7 lbs for NOxx or 0.118 lbs for VOC

SD � lbs

month� = Number of Shutdowns Each Month ∗ 0.3 lbs for NOxx or 0.05 lbs for VOC

For all diesel engines (EG-5, EG-6, EG-7):

D = Total Monthly Diesel Engine Emissions � tons

month�

= Total Monthly Heat Input for all Three Engines∗ 3.105 llllll NOxx

MMBtu or 0.35lbs VOCMMBtu

2000

P = Previous 11 Months of Emissions (tons)