Permit Content

Permit Content. A. Standard permit requirements. Each permit issued under these regulations shall include the following requirements. (1) Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance. (a) The permit shall specify and reference the origin of and authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based. (b) The permit shall state that, where an applicable requirement of the Federal Act is more stringent than an applicable requirement of regulations promulgated under Title IV of the Federal Act, both provisions shall be incorporated into the permit and shall be enforceable by the Administrator and the Commission. (2) Permit duration. The Permit Board shall issue permits for a fixed term of 5 years in the case of affected sources, and for a term not to exceed 5 years in the case of all other sources. Notwithstanding this requirement, the Permit Board shall issue permits for solid waste incineration units combusting municipal waste subject to standards under Section 129(e) of the Federal Act for a period not to exceed 12 years and shall review such permits at least every 5 years. (3) Monitoring and related recordkeeping and reporting requirements. (a) Each permit shall contain the requirements with respect to monitoring as follows: (1) all emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to Sections 114(a)(3) or 504(b) of the Federal Act; (2) where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit as reported pursuant to Rule 6.3.A(3)(e). Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions shall be sufficient to meet the requirements of Rule 6.3.A(3)(b); and (3) as necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods. (b) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following: (1) records of required monitoring information that include the following: (i) the date, place as defined in the permit, and time of sampling or measurements; (ii) the date(s) analyses were performed; (iii) the company or entity that performed the analyses; (iv) the analytical techniques or methods used; (v) the results of such analyses; (vi) the operating conditions existing at the time of sampling or measurement; and (2) retention of records of all required monitoring data and support information for a period of at least 5 years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records, all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit. (c) With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following: (1) submittal of reports of any required monitoring at least every 6 months (all instances of deviations from permit requirements must be clearly identified in such reports and all required reports must be certified by a responsible official consistent with Rule 6.2.E of these regulations); and (2) prompt reporting of deviations from permit requirements, 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. The Permit Board shall define "prompt" in the permit in relation to the degree and type of deviation likely to occur and the applicable requirements. (4) A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Federal Act or the regulations promulgated hereunder. (a) No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a permit revision under any other applicable requirement. (b) No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement. (c) Any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Federal Act. (5) A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit. (6) Provisions stating the following: (a) The permittee must comply with all conditions of the Title V permit. Any permit noncompliance constitutes a violation of the Federal Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. (b) The need to halt or reduce activity is not a defense. 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. (c) The permit and/or any part thereof 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. (d) The permit does not convey any property rights of any sort, or any exclusive privilege. (e) The permittee shall furnish to the DEQ within a reasonable time any information the DEQ 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 DEQ copies of records required to be kept by the permittee or, for information claimed to be confidential, the permittee shall furnish such records to DEQ along with a claim of confidentiality. The permittee may furnish such records directly to the Administrator along with a claim of confidentiality. (7) A provision to ensure that a Title V source pays fees to the permitting authority consistent with the fee schedule pursuant to Rule 6.6 of these regulations. (8) Emissions trading. A provision stating that 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 the permit. (9) Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application, as approved by the Permit Board, as follows: (a) shall require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating; (b) may extend the permit shield described in Rule 6.3.F to all terms and conditions under each such operating scenario; and (c) must ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of these regulations. (10) If the permit applicant requests them, terms and conditions for the trading of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading such increases and decreases without a case-by-case approval of each emissions trade, as follows: (a) shall include all terms required under Rule 6.3.A and Rule 6.3.C to determine compliance; (b) may extend the permit shield described in Rule 6.3.F to all terms and conditions that allow such increases and decreases in emissions; and (c) must meet all applicable requirements and requirements of these regulations. B. Federally-enforceable requirements. (1) All terms and conditions in a Title V permit, including any provisions designed to limit a source's potential to emit, are enforceable by the Administrator and citizens under the Federal Act as well as the Commission. (2) Notwithstanding Rule 6.3.B(1), the Permit Board shall specifically designate as not being federally enforceable under the Federal Act, any terms and conditions included in the permit that are not required under the Federal Act or under any of its applicable requirements. Terms and conditions so designated are not subject to the requirements of Rules 6.3, 6.4, or 6.5 of these regulations, other than those contained in Rule 6.3.B. C. Compliance requirements. All Title V permits shall contain elements with respect to compliance as follows: (1) Consistent with Rule 6.3 of this rule, compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document (including reports) required by a Title V permit to be submitted to the DEQ shall contain a certification by a responsible official that meets the requirements of Rule 6.2.E of these regulations. (2) Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the DEQ, or an authorized representative, to perform the following: (a) enter upon the permittee's premises where a Title V source is located or emissions-related activity is conducted, or where records must be kept under the conditions of the permit; (b) have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; (c) inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and (d) as authorized by the Federal Act, sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit or applicable requirements. (3) A schedule of compliance consistent with Rule 6.2.C(8) of these regulations. (4) Progress reports consistent with an applicable schedule of compliance and Rule 6.2.C(8) of these regulations to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Permit Board. Such progress reports shall contain the following: (a) dates for achieving the activities, milestone(s), or compliance required in the schedule of compliance, and dates when such activities, milestone(s) or compliance were achieved; and (b) an explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted. (5) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following: (a) the frequency (not less than annually or such more frequent period as specified in the applicable requirement or by the Permit Board) of submissions of compliance certifications; (b) in accordance with Rule 6.3.A(3) of these regulations, a means for monitoring the compliance of the source with its emissions limitations, standards, and work practices; (c) a requirement that the compliance certification include the following: (1) the identification of each term or condition of the permit that is the basis of the certification; (2) the compliance status; (3) whether compliance was continuous or intermittent; (4) the method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with