TITLE V PERMIT TO OPERATE

Permit No. SR-OP 04-03

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

and applicable rules and regulations,

Salt River Pima-Maricopa Indian Community

Salt River Landfill

is authorized to operate air emission units listed herein 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 any control measures and/or equipment are not installed and properly operated and

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

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

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

submitted at least 6 months but not more than 18 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
Abbreviations and Acronyms

AFS AIRS Facility Subsystem

AIRS Aerometric Information Retrieval System

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

CI compression ignition

EIP Economic Incentives Program

gal gallon

HAP Hazardous Air Pollutant

hr hour

Id. No. Identification Number

J joule

kg kilogram

lb pound

MACT Maximum Achievable Control Technology

MVAC Motor Vehicle Air Conditioner

Mg megagram

MMBtu million British Thermal Units

mo month

NMOC Non-Methane Organic Compounds

NESHAP National Emission Standards for Hazardous Air Pollutants

NO~ Nitrogen Oxides

NSPS New Source Performance Standards

NSR New Source Review

PM Particulate Matter

PMio Particulate matter less than 10 microns in diameter

ppmv parts per million by volume

ppmw parts per million by weight

PSD Prevention of Significant Deterioration

PTE Potential to Emit

psia pounds per square inch absolute

RICE Reciprocating Internal Combustion Engine

RMP Risk Management Plan

SNAP Significant New Alternatives Program

SO2 Sulfur Dioxide

SSM Startup, Shutdown, and Malfunction

TSP Total Suspended Particulate

US EPA United States Environmental Protection Agency

VOC Volatile Organic Compounds
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. NSPS Standards for Air Emissions

B. NSPS Operational Standards for Collection and Control Systems

C. NSPS Compliance Provisions

D. Startup, Shutdown, and Malfunction Plan

E. Operating, Monitoring and Testing Requirements

F. Recordkeeping Requirements

G. Compliance Schedule

III. Facility-Wide or Generic Permit Conditions

A. Testing Requirements

B. Recordkeeping Requirements

C. Reporting Requirements

D. NSPS and NESHAP General Provisions

E. National Emission Standards for Asbestos

F. Stratospheric Ozone Protection

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. OffPermit Changes

N. Permit Expiration and Renewal

0. Administrative Permit Amendments

P. Minor Permit Modifications

Q. Group Processing of Minor Permit Amendments

3
R. Significant Modifications

I. Source Identification

l.A. General Information

Parent Company name: Salt River Pima-Maricopa Indian Community

Parent Company Mailing Address: 10005 East Osbom Rd.

City: Scottsdale State: AZ Zip: 85256

Plant Name: Salt River Landfill

Plant Location: 13602 East Beeline Highway

City: Scottsdale State: AZ

County: Maricopa

EPA Region: 9

Reservation: Salt River Pima-Maricopa Indian Community

Tribe: Onk Akimel Au-Authm (Pima) and Xalchidom Pii-pash (Maricopa)

Company Contact: Richard Allen Phone: (480) 941-3427, ext. 13

Plant Manager/Contact: same Phone: same

Responsible Official: Kevin W. McGrew (CEO) Phone: (480) 941-3427

SIC Code: 4953

AFS Plant Identification Number: 04-013-SALO2

Description ofProcess: landfilling of municipal solid waste
I.B. Emission-Generating Units and Activities

Emission Unit Description Associated Control

Unit I.D. No Equipment

LF-1 Landfill Gas Surface Emissions open candlestick flares (LF-i

and LF-2)

FL-i Landfill Gas Flare --4,000 scfm, N/A

Perennial Energy candlestick

flare

FL-2 Landfill Gas Flare --1,500 scfln, N/A

John Zink standby flare

CVH Construction Vehicles — haul N/A

roads/landfill surface

PR Paved Roadways N/A

UPR Unpaved Roadways N/A

ENG-3 Tub Grinder Engine N/A

ENG-4 Brush Screener Engine N/A

II. Requirements for Specific Emission Units

II.A. NSPS Standards for Air Emissions [40 C.F.R. § 60.752(b)(2)(ii)]

The permittee shall operate a landfill gas collection system that meets the

following requirements:

a. the system is designed to handle the maximum expected gas flow rate

from the entire area of the landfill that warrants control over the intended

use period of the gas collection system;

b. landfill gas is collected from each area, cell, or group of cells in the

landfill in which the initial solid waste has been placed for a period of five

years or more, or two years or more ifthe landfill is closed or at final

grade;

c. gas is collected at a sufficient extraction rate; and

d. the system is designed to minimize off-site migration of subsurface gas.

2. The permittee shall route all collected landfill gas to an open flare(s) designed and

operated in accordance with § 60.18 and § 63.11 andJor an enclosed combustion

device which reduces NMOC 98 percent by weight or reduces the outlet NMOC

concentration to less than 20 parts per million by volume, dry basis as hexane at 3

percent oxygen. The reduction efficiency or parts per million by volume shall be

established by an initial performance test, required under § 60.8 using the test
methods specified in § 60.754(d). [40 C.F.R. § 60.752(b)(iii), 40 C.F.R. §

60.18(c) through (f), 40 C.F.R. § 63.11(b)]

II.B. NSPS Operational Standards for Collection and Control Systems

The permittee shall operate the landfill gas collection system such that all

collected gases are vented to a control system designed and operated in

compliance with §60.752(b)(2)(iii). In the event the collection or control system

is inoperable, the gas mover system shall be shut down and all valves in the

collection and control system contributing to venting ofthe gas to the atmosphere

shall be closed within 1 hour. [40 C.F.R. § 60.753(e)]

2. The permittee shall operate the landfill gas control or treatment system at all times

when the collected gas is routed to the system. [40 C.F.R. § 60.753(f)}

3. The Permittee shall operate the collection system with negative pressure at each

wellhead except as allowed by 40 CFR 60.753(b)(1) through (3). [40 C.F.R. §

60.753(b)]

4. The Permittee shall operate each interior wellhead in the collection system with a

landfill gas temperature less than 55~ C and with either a nitrogen level less than

20 percent or an oxygen level less than 5 percent. [40 C.F.R. § 60.753(c)]

5. The nitrogen level shall be determined using Method 3C. [40 C.F.R. §

60.753 (c)( 1)]

6. The oxygen level shall be determined by an oxygen meter using Method 3A

except that:

a. The span shall be set so that the regulatory limit is between 20 and 50

percent of the span;

b. A data recorder is not required;

c. Only two calibration gases are required, a zero and span, and ambient air

may be used as the span; and

d. A calibration error check is not required;

e. The allowable sample bias, zero drift, and calibration drift are ±10 percent.

[40 C.F.R. § 60.753(c)(2)]
II.C. NSPS Compliance Provisions

The provisions ofNSPS subpart WWW apply at all times, except during periods

of startup, shutdown, or malfunction, provided that the duration of startup,

shutdown, or malfunction shall not exceed 5 days for collection systems and shall

not exceed 1 hour for treatment or control devices. [40 C.F.R. § 60.755(e)]

2. The following procedures shall be used for compliance with the surface methane

operational standard as provided in §60.753(d). [40 C.F.R. § 60.755(c)]

a. After installation of the collection system, the owner or operator shall

monitor surface concentrations of methane along the entire perimeter of

the collection area and along a pattern that traverses the landfill at 30

meter intervals (or a site-specific established spacing) for each collection

area on a quarterly basis using an organic vapor analyzer, flame ionization

detector, or other portable monitor meeting the specifications provided in

§60.753(d).

b. The background concentration shall be determined by moving the probe

inlet upwind and downwind outside the boundary of the landfill at a

distance of at least 30 meters from the perimeter wells.

c. Surface emission monitoring shall be performed in accordance with

section 4.3.1 of EPA Method 21, except that the probe inlet shall be placed

within 5 to 10 centimeters of the ground. Monitoring shall be performed

during typical meteorological conditions.

d. Any reading of 500 parts per million or more above background at any

location shall be recorded as a monitored exceedance and the actions

specified below shall be taken. As long as each of the specified actions

are taken, the exceedance is not a violation of the operational requirements

of §60.753(d).

(1) The location of each monitored exceedance shall be marked and

the location recorded.

(2) Cover maintenance or adjustments to the vacuum of the adjacent

wells to increase the gas collection in the vicinity of each

exceedance shall be made and the location shall be re-monitored

within 10 calendar days of detecting the exceedance.

(3) Ifthe re-monitoring of the location shows a second exceedance,

additional corrective action shall be taken and the location shall be

monitored again within 10 days of the second exceedance. If the

re-monitoring shows a third exceedance for the same location, the

7
action specified in § 60.755(c)(4)(v) shall be taken, and no further

monitoring of that location is required until the action specified in

§ 60.755(c)(4)(v) has been taken.

(4) Any location that initially showed an exceedance but has a

methane concentration less than 500 ppm methane above

background at the 10-day re-monitoring specified in paragraph

§ 60.755(c)(4)(ii) or (iii) shall be re-monitored 1 month from the

initial exceedance. Ifthe 1-month re-monitoring shows a

concentration less than 500 parts per million above background, no

further monitoring of that location is required until the next

quarterly monitoring period. Ifthe 1-month re-monitoring shows

an exceedance, the actions specified in paragraph (c)(4) (iii) or (v)

shall be taken.

(5) For any location where monitored methane concentration equals or

exceeds 500 parts per million above background three times within

a quarterly period, a new well or other collection device shall be

installed within 120 calendar days of the initial exceedance. An

alternative remedy to the exceedance, such as upgrading the

blower, header pipes or control device, and a corresponding

timeline for installation may be submitted to the Administrator for

approval.

3. The owner or operator shall implement a program to monitor for cover integrity

and implement cover repairs as necessary on a monthly basis. [40 C.F.R.

§ 60.755(c)]

lID. Startup, Shutdown, and Malfunction Plan

The permittee shall have in place a written Startup, Shutdown, and Malfunction

(SSM) plan according to the provisions in 40 C.F.R. 63.6(e)(3). A copy of the

SSM plan must be maintained on site. Failure to write, implement, or maintain a

copy of the SSM plan is a deviation from the requirements 40 C.F.R. 63, Subpart

AAAA. [40 C.F.R. § 63.1960]

2. The penxiittee shall minimized the engine’s time spent at idle and minimize the

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

of the engine, not to exceed 30 minutes, after which time the non-startup emission

limitations apply. 40 C.F.R. 63, Subpart ZZZZ. [40 C.F.R. § 63.6603(a)]

II.E. Operating, Monitoring and Testing Requirements

The permittee shall install a sampling port and a thermometer, other temperature

measuring device, or an access port for temperature measurements at each

8
wellhead, and:

a. measure and record the gauge pressure at each individual well on a

monthly basis;

b. monitor and record the nitrogen or oxygen concentration in the landfill gas

on a monthly basis; and

c. monitor and record the temperature of the landfill gas on a monthly basis.

[40 C.F.R. §~ 60.756(a), 60.755(a)(3), 60.755(a)(5)]

The permittee shall include deviations specified in the Municipal Solid Waste

Landfill NESHAP in the semiannual monitoring report required by condition

III.C. 1. Deviations for continuous emission monitors or numerical continuous

parameter monitors must be determined using a 3-hour monitoring block average.

Deviations include, but are not limited to the following [40 C.F.R. § 63.1955(c);

40 C.F.R. § 63.1965(a), (b), and (c)]:

a. all 3-hour periods of operation during which the average combustion

temperature of the enclosed combustor was more than 28°C below the

average combustion temperature during the most recent performance test

at which compliance with 40 C.F.R. 60.752(b)(2)(iii) was determined.

b. when 1 hour or more of the hours during the 3-hour block averaging

period does not constitute a valid hour of data. A valid hour of data must

have measured values for at least three 15-minute monitoring periods

within the hour.

c. when the Start-up, Shutdown, and Maintenance Plan is not developed,

implemented, or maintained on site.

The permittee shall conduct performance tests to verify compliance with

condition II.A.2 an annual basis. This testing shall be conducted in accordance

with EPA Method 18 or 25. [40 C.F.R. § 71.6(a)(3)]

For the facility tub grinder and brush screener IC engines, the permittee must:

a. change oil and filter every 1,000 hours of operation or annually,

whichever comes first, or, alternatively, utilize an analysis program as

described in 40 C.F.R. § 63.6625(i) to extend this specified oil change

requirement; [40 C.F.R. § 63.6603(a)]

b. inspect air cleaner every 1,000 hours of operation or annually, whichever

comes first, and replace as necessary; [40 C.F.R. § 63.6603(a)]
c. inspect all hoses and belts every 500 hours of operation or annually,

whichever comes first, and replace as necessary; 40 C.F.R. 63, Subpart

ZZZZ; [40 C.F.R. § 63.6603(a)]

d. operate and maintain the engines according to the manufacturer’s

emission-related operation and maintenance instructions, or develop and

follow own maintenance plan(s) which must provide to the extent

practicable for the maintenance and operation of the engine(s) in a manner

consistent with good air pollution control practice for minimizing

emissions. 40 C.F.R. 63, Subpart ZZZZ. [40 C.F.R. § 63.6640]

II.F. Recordkeepmg Requirements

The permittee shall maintain for at least five years up-to-date, readily accessible,

on-site records of the design capacity report which triggered § 60.752(b), the

current amount of solid waste in-place, and the year-by-year waste acceptance

rate. Off-site records may be maintained ifthey are retrievable within 4 hours.

Either paper copy or electronic formats are acceptable. [40 C.F.R. § 60.758(a)]

2. The permittee shall maintain up-to-date, readily accessible records for the life of

the control equipment of the following data as measured during the initial

performance test or compliance determination:

a. The maximum expected gas generation flow rate as calculated in

§ 60.755(a)(1). The owner or operator may use another method to

determine the maximum gas generation flow rate, ifthe method has been

approved by the Administrator.

b. The density of wells, horizontal collectors, surface collectors, or other gas

extraction devices determined using the procedures specified in

§ 60.759(a)(1).

Records of this data from subsequent tests or monitoring shall be maintained for a

minimum of five years. Records of the control device vendor specifications shall

be maintained until removal of the control device. [40 C.F.R. § 60.758(b)(l)]

3. When seeking to demonstrate compliance with § 60.752(b)(2)(iii)(A) through use

of an open flare, the permittee shall maintain up-to-date, readily accessible

records of the following [40 C.F.R. § 60.758(b)(4)]:

a. the flare type (i.e., steam-assisted, air-assisted, or nonassisted), all visible

emission readings, heat content determination, flow rate or bypass flow

rate measurements, and exit velocity determinations made during the

performance test as specified in § 60.18; and

10
b. continuous records of the flare pilot flame or flare flame monitoring and

records of all periods of operations during which the pilot flame of the

flare flame is absent.

The permittee shall maintain for at least five years up-to-date, readily accessible

records of all data required by conditions II.B, II.C.2 and II.C.3, as well as up-todate, readily accessible records for periods of operation during which the

parameter boundaries established during the most recent performance test are

exceeded. [40 C.F.R. §~ 60.758(c), 71.6(a)(3)(i)(B) and (C), 71.6(a)(3)(ii) and

71 .6(c)(l)]

The permittee shall maintain the following records in a form suitable and readily

available for expeditious review for five years following the date of each

occurrence, measurement, maintenance, corrective action, report or record, in

accordance with 40 C.F.R. § 63.l0(b)(l). [40 C.F.R. §~ 63.6655 and 63.6660]:

a. With respect to operating limitations, you must keep the following

records:

(1) A copy of each notification and report that you submitted to comply

with this subpart, including all documentation supporting any Initial

Notification or Notification of Compliance Status that you submitted,

according to the requirement in 40 C.F.R. § 63.1 0(b)(2)(xiv).

(2) Records of the occurrence and duration of each malfunction of

operation (i.e., process equipment) or the air pollution control and

monitoring equipment.

(3) Records of performance tests and performance evaluations as required

in 40 C.F.R.~ 63.10(b)(2)(viii).

(4) Records of all required maintenance performed on the air pollution

control and monitoring equipment.

(5) Records of actions taken during periods ofmalfunction to minimize

emissions in accordance with 40 C.F.R. § 63 .6605(b), including

corrective actions to restore malfunctioning process and air pollution

control and monitoring equipment to its normal or usual manner of

operation.

b. If you are operating a new or reconstructed stationary RICE which fires

landfill gas or digester gas equivalent to 10 percent or more of the gross

heat input on an annual basis, you must keep the records of your daily fuel

usage monitors.
c. You must keep the records required in Table 6 of this subpart to show

continuous compliance with each emission or operating limitation that

applies to you.

d. You must keep records of the maintenance conducted on the stationary

RICE in order to demonstrate that you operated and maintained the

stationary RICE and after-treatment control device (if any) according to

your own maintenance plan.

11G. Compliance Schedule

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

will continue to comply with such requirements. [40 C.F.R. § § 71 .5(c)(8)(iii) and

71 .6(c)(3)]

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

source shall meet such requirements on a timely basis. [40 C.F.R.

§ § 71 .5(c)(8)(iii) and 71 .6(c)(3)]

III. Facifity-Wide or Generic Permit Requirements

Conditions in Section III ofthe permit apply to all emissions units located at the facility.

III.A. Testing Requirements [40 C.F.R. § 71.6(a)(3)]

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

requirements for each individual unit contained in Section II of this permit, the permittee

shall comply with the following generally applicable testing requirements as necessary to

ensure that the required tests are sufficient for compliance purposes:

1. Submit to EPA a source test plan 45 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 ofWork 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

12
7.3 Chain of Custody Procedures

7.4 QA!QC Project Flow Chart

8.0 Data Processing and Reporting

8.1 Description of Data Handling and QC Procedures

8.2 Report Content

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

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

110%) of device design capacity.

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

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

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

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

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

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

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

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

b. Visible emissions.

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

emission unit being tested.

d. 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 02, etc.

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

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

terms of the emission limit. There must be at least 3 valid test runs, unless

otherwise specified.

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

required source test.

III.B. Recordkeeping Requirements [40 C.F.R. § 71.6 (a)(3)(ii)]

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

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

comply with the following generally applicable recordkeeping requirements:
The permittee shall keep records of required monitoring information that include

the following:

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

b. The date(s) analyses were performed;

c. The company or entity that performed the analyses;

d. The analytical techniques or methods used;

e. The results of such analyses; and

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

measurement.

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

information for a period of at least five 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

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, except that the first

reporting period shall begin on the effective date of this permit and end on June

30, 2008. 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.

[40 C.F.R. § 71.6 (a)(3)(iii)]

a. The monitoring report 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

excursions or exceedances as defined under 40 C.F.R. part 64, and

the date on which each deviation occurred,

(6) Ifthe permit requires continuous monitoring of an emissions limit

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

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

of excess emissions or parameter exceedances during the reporting

period, and the total downtime of the continuous monitoring

system during the reporting period,

(7) Ifthe 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, and

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

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

Any report required by an applicable requirement that provides the same

information described in paragraph III.C.l .a(l) through (9) above shall

satisfy the paragraph III. C.i.a requirement.

[40 C.F.R. § 71.6 (a)(3)(iii)]

“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 § 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:

[40 C.F.R. § 71.6 (a)(3)(iii)]:

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

(2) A situation when there is an excursion of a process or control device;

15
(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, or

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

compliance assurance plan (40 C.F.R. Part 64), occurs.

The permittee shall promptly report to EPA Region 9 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: [40 C.F.R. § 71.6 (a)(3)(iii)]

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

deviations provided in an underlying applicable requirement as identified

in this permit; or

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 or a toxic air pollutant(as

identified in the applicable regulation) that continue for more than an

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

24 hours of the occurrence.

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

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

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

hours.

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

submitted with the semi-annual monitoring report required in

paragraph III.C.1 .a of this permit.

If any of the section III.C.2.b. reporting requirements are triggered, the source

must notif~’ EPA Region 9 by telephone, facsimile, or electronic mail sent to

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

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

10 working days of the occurrence. All deviations reported under section III.C.

must also be identified in the 6-month report required under paragraph III.C.1. [40

C.F.R. § 71.6 (a)(3)(iii)]

16
Any application form, report, or compliance certification required to be submitted

by this permit shall be certified by a responsible official as to the truth, accuracy,

and completeness of the submittal. 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. [40 C.F.R. § 71.5

(d)]

The permittee shall submit annual reports with the following information. Each

report shall be postmarked by January 30 of each year and cover the previous

calendar year. [40 C.F.R. § 60.757(f)]

a. Value and length of time for exceedance of applicable parameters

monitored under §60.756(a), (b), (c), and (d).

b. Description and duration of all periods when the gas stream is diverted

from the control device through a bypass line or the indication of bypass

flow as specified under §60.756.

c. Description and duration of all periods when the control device was not

operating for a period exceeding 1 hour and length of time the control

device was not operating.

d. All periods when the collection system was not operating in excess of five

days.

e. The location of each exceedance of the 500 parts per million methane

concentration as provided in §60.753(d) and the concentration recorded at

each location for which an exceedance was recorded in the previous

month.

f. The date of installation and the location of each well or collection system

expansion added pursuant to paragraphs (a)(3), (b), and (c)(4) of §60.75 5.

The permittee shall report to EPA Region 9 any actions not consistent with the

SSM Plan. The initial report shall be within two working days via telephone,

facsimile, or electronic mail sent to r9.aeo~epa.gov, followed by a letter

delivered or postmarked within seven working days after the end of the event.

The letter shall contain the name, title, and signature of the responsible official

who is certifying its accuracy, explaining the circumstances of the event, the

reasons for not following the SSM Plan, and whether any excess emissions and or

parameter monitoring exceedances are believed to have occurred. [40 C.F.R.

§ 63.lO(d)(5)]
7. For the facility tub grinder and brush screener IC engines, the permittee must

report: [40 C.F.R. §~ 63.6640(b) and 63.6650]

a. Each instance in which permittee did not meet each operating limitation in

Table 2d to this subpart that apply. These instances are deviations from the

operating limitations in this subpart. These deviations must be reported

according to the requirements in § 63.6650. If permittee changes the

catalyst, the permittee must reestablish the values of the operating

parameters measured during the initial performance test. When the

permittee reestablishes the values of the operating parameters, the

permittee must also conduct a performance test to demonstrate that the

permittee is meeting the required emission limitation applicable to the

stationary RICE(s). Permittee must report all deviations as defined in this

subpart in the semiannual monitoring report required by 40 CFR 70.6

(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A).

b. For each deviation from an operating limitation that occurs for a

stationary RICE, the Compliance report must contain the following

information:

(1) Company name and address.

(2) Statement by a responsible official, with that official’s name, title,

and signature, certifying the accuracy of the content of the report.

(3) Date ofreport and beginning and ending dates of the reporting

period.

(4) If you had a malfunction during the reporting period, the

compliance report must include the number, duration, and a brief

description for each type ofmalfunction which occurred during the

reporting period and which caused or may have caused any applicable

emission limitation to be exceeded. The report must also include a

description of actions taken by an owner or operator during a

malfunction of an affected source to minimize emissions in accordance

with 40 C.F.R. §63.6605(b), including actions taken to correct a

malfunction.(5) The total operating time of the stationary RICE at

which the deviation occurred during the reporting period.

(6) Information on the number, duration, and cause of deviations

(including unknown cause, if applicable), as applicable, and the

corrective action taken.

hID. NSPS and NESHAP General Provisions

18
All requests, reports, applications, submittals, and other communications to the

Administrator pursuant to 40 C.F.R. Part 60 shall be submitted to the EPA Region

9 office at the following address [40 C.F.R. § 60.4(a)]:

Director, Air Division (Attn: AIR-i)

EPA Region IX

75 Hawthorne Street

San Francisco, CA 94105

The permittee shall provide written notification to EPA of any reconstruction of

an affected facility, or any physical or operational change to an affected facility

which may increase the emission rate of any air pollutant to which a standard

applies, in accordance with 40 C.F.R. 60.7. [40 C.F.R. § 60.7(a)]

The permittee shall maintain records of the occurrence and duration of any

startup, shutdown, or malfunction in the operation of an affected facility; any

malfunction of the air pollution control equipment; or any periods during which a

continuous monitoring system or monitoring device is inoperative. [40 C.F.R. §

60.7(b)]

The permittee shall maintain a file of all measurements, including continuous

monitoring system, monitoring device, and performance testing measurements; all

continuous monitoring system performance evaluations; all continuous

monitoring system or monitoring device calibration checks; adjustments and

maintenance performed on these systems or devices; and all other information

required by 40 C.F.R. 60 recorded in a permanent form suitable for inspection.

The file shall be retained for at least five years following the date of such

measurements, maintenance, reports and records. [40 C.F.R. § 71 .6(a)(3)(ii); 40

C.F.R. § 60.7(f)]

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

by, the EPA Administrator under this permit shall be governed by 40 C.F.R. Part

2. (Information submitted voluntarily to the Administrator for the purposes of

compliance with 40 C.F.R. 60.5 and 60.6 is governed by 40 C.F.R. 2.20 1 through

2.213 and not by 40 C.F.R. 2.301.) [40 C.F.R. § 60.9]

Compliance with the NMOC standard listed in condition II.A.2.of this permit

shall be determined in accordance with performance tests established by 40

C.F.R. 60.8. [40 C.F.R. § 60.11(a)]

At all times, including periods of startup, shutdown, and malfunction, the

permittee shall, to the extent practicable, maintain and operate this facility

including associated air pollution control equipment in a manner consistent with

good air pollution control practice for minimizing emissions. Determination of

whether acceptable operating and maintenance procedures are being used will be

19
based on information available to the Administrator which may include, but is not

limited to, monitoring results, opacity observations, review of operating and

maintenance procedures, and inspection of the source. [40 C.F.R. § 60.11(d)]

8. For the purpose of submitting compliance certifications or establishing whether or

not a person has violated or is in violation of any standard in 40 C.F.R. Part 60,

nothing shall preclude the use, including the exclusive use, of any credible

evidence or information, relevant to whether a source would have been in

compliance with applicable requirements ifthe appropriate performance or

compliance test or procedure had been performed. [40 C.F.R. § 60.11(g)]

9. No owner or operator subject to the provisions 40 C.F.R. Part 60 or C.F.R. Part 63

shall build, erect, install, or use any article, machine, equipment or process, the

use of which conceals an emission which would otherwise constitute a violation

of an applicable standard. Such concealment includes, but is not limited to, the

use of gaseous diluents to achieve compliance with an opacity standard or with a

standard which is based on the concentration of a pollutant in the gases

discharged to the atmosphere. [40 C.F.R. § 60.12, 40 C.F.R. § 63.4(b)]

10. With respect to compliance with all New Source Performance Standards (NSPS)

of 40 C.F.R. Part 60, the permittee shall comply with the “General notification

and reporting requirements” found in 40 C.F.R. 60.19. [40 C.F.R. § 60.19]

11. With respect to compliance with all National Emission Standards for Hazardous

Air Pollutants (NESHAP) of 40 C.F.R. Part 63, the permittee shall comply with

the “Notification requirements” found in 40 C.F.R. 63.9. [40 C.F.R. § 63.9]

12. When actions taken by the permittee during a startup, shutdown, or malfunction

(including actions taken to correct a malfunction) are consistent with the

procedures specified in the startup, shutdown, and malfunction plan, the owner

the permittee must keep records for that event which demonstrate that the

procedures specified in the plan were followed. These records may take the form

of a “checklist,” or other effective form ofrecordkeeping that confirms

conformance with the startup, shutdown, and malfunction plan for that event. In

addition, the permittee must keep records of these events as specified in

§63.10(b), including records of the occurrence and duration of each startup,

shutdown, or malfunction of operation and each malfunction of the air pollution

control and monitoring equipment. Furthermore, the permittee shall confirm that

actions taken during the relevant reporting period during periods of startup,

shutdown, and malfunction were consistent with the startup, shutdown and

malfunction plan in the semiannual (or more frequent) startup, shutdown, and

malfunction report required in §63.10(d)(5). [40 C.F.R. § 63.6(e)(3)(iii)]

13. If an action taken by the permittee during a startup, shutdown, or malfunction

(including an action taken to correct a malfunction) is not consistent with the

20
procedures specified in the startup, shutdown, and malfunction plan, and the

permittee exceeds any applicable emission limitation in the relevant emission

standard, then the permittee must record the actions taken for that event and must

report such actions within 2 working days after commencing actions inconsistent

with the plan, followed by a letter within 7 working days after the end of the

event, in accordance with §63.1 0(d)(5) (unless the owner or operator makes

alternative reporting arrangements, in advance, with the Administrator). [40

C.F.R. § 63.6(e)(3)(iv)]

III.E. National Emission Standards for Asbestos [40 C.F.R. Part 61, Subpart M]

The permittee shall comply with the requirements ofNational Emissions Standards for

Hazardous Air Pollutants (40 C.F.R. 61) Subpart M, National Emission Standards for

Asbestos as it applies to the Standard for active waste disposal sites at 40 C.F.R.

§ 61.154.

III.F. Stratospheric Ozone Protection [40 C.F.R. Part 82, Subparts A-F]

If the permittee handles or emits one or more Class I or II substances subject to a

standard promulgated under or established by Title VI (Stratospheric Ozone Protection)

of the federal Clean Air Act, the permittee shall comply with all applicable sections of 40

C.F.R. Part 82, Subparts A to F, including, but not limited to, the requirement at 40

C.F.R. § 82.156(f) for landfill operators to recover any remaining refrigerant from a

disposed appliance or to verify that the refrigerant has been evacuated from the appliance

or shipment of appliances previously.

IV. Title V Administrative Requirements

IV.A. Fee Payment [40 C.F.R. § 71.6(a)(7), § 71.9.]

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

outlined below.

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:

US Environmental Protection Agency

FOIA and Miscellaneous Payments

Cincinnati Finance Center

P0 Box 979078

21
St. Louis, MO 63197-9000

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

U.S. Bank

Government Lockbox 979078

U.S. EPA FOIA and Miscellaneous Payments

1005 Convention Plaza

Mail Station SL-MO-C2GL

St. Louis, MO 63101

In addition, the permittee shall send a copy of the check and the fee calculation

worksheet to EPA Region 9 at this address:

EPA Region 9

Air Permits Office (Attn: AIR-3)

75 Hawthorne Street

San Francisco, CA 94105

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

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

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

address listed in Section IV.E of this permit. [Permittee should note that an

annual emissions report, required at the same time as the fee calculation

worksheet by § 71.9(h), has been incorporated into the fee calculation worksheet.

form as a convenience.]

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)]

22
(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 as defined in

§ 71.2.

(5) 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. [40 CFR § 71.9(n)]

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

of fees:

(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 § 71 .5(c)(1 1)(i)] or of insignificant emissions

levels from emissions units identified in the permittee’s application

pursuant to § 71.5(c)(11)(ii). [40 CFR §71.9(c)(5)(iii)]

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

completeness by a responsible official. [Permittees should note that the fee

calculation worksheet form already incorporates a section to help you meet this

responsibility.]

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

data used to determine fee payment for five 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 § 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 § 71.9(1).

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

payment within 30 days ofreceipt of notification. [40 CFR §71 .9(j)(1) and (2)]

23
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 ofthe EPA assessed fee. [40 CFR §71.9(j)(3)]

IV.B. Blanket Compliance Statement [40 C.F.R. § 71.6(a)(6)(i) and (ii), and sections 113(a)

and 113(e)(1) of the Act, and § 51.212, § 52.12, § 52.33, § 60.11(g), and § 61.12.]

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 ofthis permit. [~ 71 .6(a)(6)(i)

and (ii)]

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

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

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

evidence (including any evidence admissible under the Federal Rules of

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

113(e)(1) of the Act, § 51.212, § 52.12, § 52.33, § 60.11(g), and § 61.12.]

IV.C. Compliance Certifications [40 C.F.R. § 71 .6(c)(5)]

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, except that the first certification shall cover the period from the

effective date of this permit through December 31, 2008. 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 C.F.R. § 71.5(d). [40 C.F.R. § 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.

24
b. Identification of the method(s) or other means used for determining the

compliance status of each term and condition during the certification

period. If necessary, the owner or operator also shall identify any other

material information that must be included in the certification to comply

with section 11 3(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 C.F.R. § 71.6(a)(6)(v), 40 C.F.R.

§ 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 ofrecords that are required to

be kept pursuant to the terms of the permit, including information claimed to be

confidential. Information claimed to be confidential should be accompanied by a claim

of confidentiality according to the provisions of 40 C.F.R. 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 C.F.R. § 71.5(d), C.F.R. § 71.6 and 40 C.F.R. § 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-i)

75 Hawthorne Street

San Francisco, CA 94105

25
IV.F. Severability Clause [40 C.F.R. §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. Perirnt Actions [40 C.F.R. § 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 C.F.R. § 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 3 or more years.

b. Additional requirements (including excess emissions requirements)

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

Upon approval by the Administrator, excess emissions offset plans shall

be deemed to be incorporated into the permit.

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

inaccurate statements were made in establishing the emissions standards

or other terms or conditions of the permit.

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

compliance with the applicable requirements.

IV.I. Property Rights [40 C.F.R. § 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 C.F.R. § 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:

26
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 C.F.R. § 71.6(g)]

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

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

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

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

through properly signed, contemporaneous operating logs, or other relevant

evidence that:

a. an emergency occurred and that the permittee 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 the permittee took all reasonable steps

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

other requirements in this permit; and

d. the permittee submitted notice of the emergency to EPA within 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.2 of this permit.

e. In any enforcement proceeding the permittee attempting to establish the

occurrence of an emergency 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,

27
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 [40 C.F.R. § 71 .7(d)(1)(iv)]

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

administrative permit amendment ifthe 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.

IV.M. Off Permit Changes [40 C.F.R. §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 qualif~’ as insignificant activities under

§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;

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

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 C.F.R. § 71.5(a)(1)(iii), 40 C.F.R. § 71.6(a)(1 1),

40 C.F.R. § 71.7(b), 40 C.F.R. § 71.7(c)(1)(i) and (ii), 40 C.F.R. § 71.8(d)]

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

28
a. five (5) years elapses from the date of issuance; or

b. the source is issued a part 70 permit by an EPA-approved permitting

authority.

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. Ifthe permittee submits a timely and complete permit application for renewal,

consistent with § 71 .5(a)(2), but EPA 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 § 71.6(f) may extend beyond the

original permit term until renewal.

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

consistent with § 71 .5(a)(2), the permittee’ s failure to have a Part 71 permit is not

a violation 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 C.F.R. § 71.7(d)]

The permittee may request the use of administrative permit amendment

procedures for a permit revision that:

a. Corrects typographical errors.

b. 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.

29
c. Requires more frequent monitoring or reporting by the permittee.

d. 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.

e. 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 § § 71.7 and 71.8 that would be applicable to the

change ifit were subject to review as a permit modification, and

compliance requirements substantially equivalent to those contained

in~ 71.6.

f. Incorporates any other type of change which EPA has determined to be

similar to those listed above in subparagraphs (a) through (e).

IV.P. Minor Permit Modifications [40 C.F.R. § 71 .7(e)(1), § 71 .7(e)(1 )(vi)]

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

for those modifications that:

a. Do not violate any applicable requirement.

b. Do not involve significant changes to existing monitoring, reporting, or

recordkeeping requirements in the permit.

c. 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.

d. 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:

30
(i) Are not modifications under any provision of title I of the

Clean Air Act; and

(ii) Are not required to be processed as a significant

modification.

2. Notwithstanding the list of changes eligible for minor permit modification

procedures in paragraph (1) 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.

3. An application requesting the use ofminor permit modification procedures shall

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

a. A description of the change, the emissions resulting from the change, and

any new applicable requirements that will apply ifthe change occurs;

b. The source’s suggested draft permit;

c. Certification by a responsible official, consistent with § 71.5(d), that the

proposed modification meets the criteria for use of minor permit

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

d. Completed forms for the permitting authority to use to notify affected

States as required under § 71.8.

4. 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 § 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, ifthe 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.

5. The permit shield under § 71.6(f) may not extend to minor permit modifications.

IV.Q. Group Processing of Minor Permit Modifications. [40 C.F.R. § 71 .7(e)(2),

§ 71.7(e)(l)(vi)].
Group processing of modifications by EPA may be used only for those permi

modifications:

a. That meet the criteria for minor permit modification procedures under

paragraphs IV.I. (a) of this permit; and

b. That collectively are below the threshold level of 10 percent of the

emissions allowed by the permit for the emissions unit for which the

change is requested, 20 percent ofthe applicable definition of major

source in § 71.2, or 5 tons per year, whichever is least.

An application requesting the use of group processing procedures shall be

submitted to EPA, shall meet the requirements of § 71.5(c), and shall include the

following:

a. A description of the change, the emissions resulting from the change, and

any new applicable requirements that will apply ifthe change occurs.

b. The source’s suggested draft permit.

c. Certification by a responsible official, consistent with § 71.5(d), that the

proposed modification meets the criteria for use of group processing

procedures and a request that such procedures be used.

d. A list ofthe source’s other pending applications awaiting group

processing, and a determination of whether the requested modification,

aggregated with these other applications, equals or exceeds the threshold

set under subparagraph (a)(ii) above.

e. Completed forms for the permitting authority to use to notify affected

States as required under § 71.8.

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 § 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, ifthe 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.

The permit shield under § 71.6(f) may not extend to group processing of minor

permit modifications.

32
IV.R. Significant Permit Modifications [40 C.F.R. § 71 .7(e)(3), § 71 .7(e)(3)(ii), § 71 .5(a)(2)]

1. The permittee must request the use of significant permit modification procedures

for those modifications that:

a. Do not qualify as minor permit modifications or as administrative

amendments.

b. Are significant changes in existing monitoring permit terms or conditions.

c. Are relaxations ofreporting or recordkeeping permit terms or conditions.

2. 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.

3. 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 § 71.5(c) for permit

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

change.

IV.S. Permit Shield [40 C.F.R. § 71.6(f)(1), 40 C.F.R. § 71.6(f)(3)]

1. Compliance with the conditions of this permit shall be deemed compliance with

the applicable requirements on which the conditions were based as of the date of

permit issuance. Other requirements which EPA has determined are inapplicable

to this source as of the date ofpermit issuance are specifically identified below.

a. None

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

a. The provisions of section 303 of the Clean Air Act (emergency orders),

including the authority of the Administrator under that section.

33