11 MAC Pt. 2, R. 6.2
of these regulations, provided that such applications meet the
Cite as 11 Miss. Admin. Code Pt. 2, R. 6.2
of these regulations, provided that such applications meet the
requirements of Title V of the Federal Act, and include all information necessary
to determine qualification for, and to assure compliance with, the general permit.
Without repeating the public participation procedures required under Rule 6.4.I of
these regulations, the DEQ may grant a source's request for coverage under a
general permit, but such a grant shall not constitute a final Permit Board action
for purposes of appeal only.
E.
Temporary sources. The Permit Board may issue a single permit authorizing emissions
from similar operations by the same source owner or operator at multiple temporary
locations. The operation must be temporary and involve at least one change of location
during the term of the permit. No affected source shall be permitted as a temporary
source. Permits for temporary sources shall include the following:
(1)
conditions that will assure compliance with all applicable requirements at all
authorized locations;
(2)
requirements that the owner or operator notify the DEQ at least 10 days in
advance of each change in location; and
(3)
conditions that assure compliance with all other provisions of this rule.
F.
Permit shield.
(1)
Except as provided in these regulations, the Permit Board shall expressly include
in a Title V permit a provision stating that compliance with the conditions of the
permit shall be deemed compliance with any applicable requirements as of the
date of permit issuance, upon satisfaction of either condition as follows:
(a)
such applicable requirements are included and are specifically identified
in the permit; or
(b)
the Permit Board, in acting on the permit application or revision,
determines in writing that other requirements specifically identified are
not applicable to the source, and the permit includes such determination or
a concise summary thereof.
(2)
Nothing in Rule 6.3.F. or in any Title V permit shall alter or affect the following:
(a)
the provisions of Section 303 of the Federal Act (emergency orders),
including the authority of the Administrator under that section;
(b)
the liability of an owner or operator of a source for any violation of
applicable requirements prior to or at the time of permit issuance;
(c)
the applicable requirements of the acid rain program, consistent with
Section 408(a) of the Federal Act; or
(d)
the ability of EPA to obtain information from a source pursuant to Section
114 of the Federal Act.
G.
Emergency provision.
(1)
Definition. An "emergency" means any situation arising from sudden and
reasonably unforeseeable events beyond the control of the source, including acts
of God, which situation requires immediate corrective action to restore normal
operation, and that causes the source to exceed a technology-based emission
limitation under the permit, due to unavoidable increases in emissions attributable
to the emergency. An emergency shall not include noncompliance to the extent
caused by improperly designed equipment, lack of preventative maintenance,
careless or improper operation, or operator error.
(2)
Effect of any emergency. An emergency constitutes an affirmative defense to an
action brought for noncompliance with such technology-based emission
limitations if the conditions of Rule 6.3.G(3) are met.
(3)
The affirmative defense of emergency shall be demonstrated through properly
signed contemporaneous operating logs, or other relevant evidence that include
information as follows:
(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 emission standards, or
other requirements in the permit; and
(d)
the permittee submitted notice of the emergency to the DEQ within 2
working days of the time when emission limitations were exceeded due to
the emergency. This notice fulfills the requirement of Rule 6.3.A(3)(c)(2)
This notice must contain a description of the emergency, any steps taken
to mitigate emissions, and corrective actions taken.
(4)
In any enforcement proceeding, the permittee seeking to establish the occurrence
of an emergency has the burden of proof.
(5)
This provision is in addition to any emergency or upset provision contained in
any applicable requirement.
H.
Risk Management Plans. If the source is required to develop and register a risk
management plan pursuant to Section 112(r) of the Act, the permit need only specify that
it will comply with the requirement to register such a plan. The content of the risk
management plan need not itself be incorporated as a permit term.