RULE NO. 26
RULES OF THE ARKANSAS OPERATING AIR PERMIT PROGRAM
CHAPTER 2
: DEFINITIONS
The following definitions apply to these rules. Except as
specifically provided in this section, terms used in this rule retain the
meaning accorded them under the applicable requirements of the federal Clean
Air Act or the Arkansas Pollution Control and Ecology Commission's Rule Number
19, Rules of the Arkansas Plan of Implementation for Air Pollution Control
(Rule No. 19, or SIP).
"Acid rain source" shall have the meaning of
"affected source" as defined in title IV of the Act.
"Act" means the Clean Air Act,
42 U.S.C.
7401
et seq., as amended by
July 23, 1993.
"Administrator" or "EPA" means the
Administrator of the United States Environmental Protection Agency or his/her
designee.
"Affected States" are all States:
(A) Whose air quality may be affected and
that are contiguous to the State in which a part 70 permit, permit modification
or permit renewal is being proposed; or
(B) That are within 50 miles of the permitted
source.
"Air contaminant" or "air pollutant" means any
solid, liquid, gas, or combination thereof, other than water vapor, nitrogen
(N2), and oxygen (O2).
"Applicable requirement" means all of the
following as they apply to emissions units in a part 70 source (including
requirements that have been promulgated or approved by EPA through rulemaking
at the time of issuance but have future-effective compliance dates):
(A) Any standard or other requirement
provided for in the applicable implementation plan approved or promulgated by
EPA through rulemaking under title I of the Act that implements the relevant
requirements of the Act, including any revisions to that plan promulgated in 40
C.F.R. Part 52 ;
(B) Any term or
condition of any preconstruction permits issued pursuant to rules approved or
promulgated through rulemaking under title I, including parts C or D, of the
Act;
(C) Any standard or other
requirement under section 111 of the Act, including section 111(d);
(D) Any standard or other requirement under
section 112 of the Act, including any requirement concerning accident
prevention under section 112(r)(7) of the Act;
(E) Any standard or other requirement of the
acid rain program under title IV of the Act or the regulations promulgated
thereunder;
(F) Any requirements
established pursuant to section 504(b) or section 114(a)(3) of the
Act;
(G) Any standard or other
requirement governing solid waste incineration, under section 129 of the
Act;
(H) Any standard or other
requirement for consumer and commercial products, under section 183(e) of the
Act;
(I) Any standard or other
requirement for tank vessels, under section 183(f) of the Act;
(J) Any standard or other requirement of the
program to control air pollution from outer continental shelf sources, under
section 328 of the Act;
(K) Any
standard or other requirement of the regulations promulgated to protect
stratospheric ozone under title VI of the Act, unless the Administrator has
determined that such requirements need not be contained in a title V permit;
and
(L) Any national ambient air
quality standard or increment or visibility requirement under part C of title I
of the Act, but only as it would apply to temporary sources permitted pursuant
to section 504(e) of the Act.
"CO2 equivalent emissions"
(CO2e) shall represent an amount of GHGs emitted, and
shall be computed by multiplying the mass amount of emissions tpy, for each of
the six greenhouse gases in the pollutant GHGs, by the gas's associated global
warming potential published at Table A - 1 to Subpart A of 40 C.F.R. Part 98 -
Global Warming Potentials (which is incorporated by reference as of the
effective date of the federal rule published by EPA in the Federal Register on
November 29, 2013 [78 FR 71948]), and summing the resultant value for each to
compute a tpy CO2 equivalent emissions.
"Division" means Division of Environmental Quality
or its successor.
"Designated representative" shall have the meaning
given to it in section 402(26) of the Act and the regulations promulgated
thereunder.
"Draft permit" means the version of a permit for
which the Division offers public participation and affected State
review.
"Emissions allowable under the permit" means a
federally enforceable permit term or condition determined at issuance to be
required by an applicable requirement that establishes an emissions limit
(including a work practice standard) or a federally enforceable emissions cap
that the source has assumed to avoid an applicable requirement to which the
source would otherwise be subject.
"Emissions unit" means any part or activity of a
stationary source that emits or has the potential to emit any regulated air
pollutant. This term is not meant to alter or affect the definition of the term
"unit" for purposes of title IV of the Act.
"Existing part 70 source" means:
(A) a part 70 source that was in operation as
of September 13, 1993;
(B) a
facility that becomes a major source due to its GHG emissions as of July 1,
2011; or
(C) a part 70 source that
is in operation on the effective date of these rules.
"Final permit" means the version of a part 70
permit issued by the Division that has completed all review procedures required
by these rules.
"Fugitive emissions" are those emissions which
could not reasonably pass through a stack, chimney, vent, or other
functionally-equivalent opening.
"Greenhouse gases" (GHGs) means the aggregate
group of six greenhouse gases: carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
"Initial permit" means a part 70 permit issued to
a part 70 source that is in existence on the effective date of these
rules.
"Major source" means any stationary source (or any
group of stationary sources that are located on one or more contiguous or
adjacent properties, and are under common control of the same person [or
persons under common control]) belonging to a single major industrial grouping
and that are described in subsection (A), (B), or (C) of this definition. For
the purposes of defining "major source," a stationary source or group of
stationary sources shall be considered part of a single industrial grouping if
all of the pollutant emitting activities at such source or group of sources on
contiguous or adjacent properties belong to the same Major Group (i.e., all
have the same two-digit code) as described in the Standard Industrial
Classification Manual, 1987.
(A) A
major source under section 112 of the Act, which is defined as:
(1) For pollutants other than radionuclides,
any stationary source or group of stationary sources located within a
contiguous area and under common control that emits or has the potential to
emit, in the aggregate, ten (10) tons per year (tpy) or more of any hazardous
air pollutant which has been listed pursuant to section 112(b) of the Act,
twenty-five (25) tpy or more of any combination of such hazardous air
pollutants, or such lesser quantity as the Administrator may establish by rule.
Notwithstanding the preceding sentence, emissions from any oil or gas
exploration or production well (with its associated equipment) and emissions
from any pipeline compressor or pump station shall not be aggregated with
emissions from other similar units, whether or not such units are in a
contiguous area or under common control, to determine whether such units or
stations are major sources; or
(2)
For radionuclides, "major source" shall have the meaning specified by the
Administrator by rule.
(B) A major stationary source of air
pollutants, as defined in section 302 of the Act, that directly emits or has
the potential to emit, 100 tpy or more of any regulated air pollutant
(including any major source of fugitive emissions of any such pollutant, as
determined by rule by the Administrator). The fugitive emissions of a
stationary source shall not be considered in determining whether it is a major
stationary source for the purposes of section 302(j) of the Act, unless the
source belongs to one of the following categories of stationary source:
(1) Coal cleaning plants (with thermal
dryers);
(2) Kraft pulp
mills;
(3) Portland cement
plants;
(4) Primary zinc
smelters;
(5) Iron and steel
mills;
(6) Primary aluminum ore
reduction plants;
(7) Primary
copper smelters;
(8) Municipal
incinerators capable of charging more than 250 tons of refuse per
day;
(9) Hydrofluoric, sulfuric, or
nitric acid plants;
(10) Petroleum
refineries;
(11) Lime
plants;
(12) Phosphate rock
processing plants;
(13) Coke oven
batteries;
(14) Sulfur recovery
plants;
(15) Carbon black plants
(furnace process);
(16) Primary
lead smelters;
(17) Fuel conversion
plant;
(18) Sintering
plants;
(19) Secondary metal
production plants;
(20) Chemical
process plants;
(21) Fossil-fuel
boilers (or combination thereof) totaling more than 250 million British thermal
units per hour heat input;
(22)
Petroleum storage and transfer units with a total storage capacity exceeding
300,000 barrels;
(23) Taconite ore
processing plants;
(24) Glass fiber
processing plants;
(25) Charcoal
production plants;
(26)
Fossil-fuel-fired steam electric plants of more than 250 million British
thermal units per hour heat input; or
(27) Any other stationary source category,
which as of August 7, 1980, is being regulated under section 111 or 112 of the
Act.
(C) A major
stationary source as defined in part D of title I of the Act, including:
(1) For ozone nonattainment areas, sources
with the potential to emit one hundred (100) tpy or more of volatile organic
compounds or oxides of nitrogen in areas classified as "marginal" or
"moderate," fifty (50) tpy or more in areas classified as "serious,"
twenty-five (25) tpy or more in areas classified as "severe," and ten (10) tpy
or more in areas classified as "extreme"; except that the references in this
paragraph to 100, fifty (50), twenty-five (25), and ten (10) tpy of nitrogen
oxides shall not apply with respect to any source for which the Administrator
has made a finding, under section 182(f)(1) or (2) of the Act, that
requirements under section 182(f) of the Act do not apply;
(2) For ozone transport regions established
pursuant to section 184 of the Act, sources with the potential to emit fifty
(50) tpy or more of volatile organic compounds;
(3) For carbon monoxide nonattainment areas
(a) that are classified as "serious;"
and
(b) in which stationary sources
contribute significantly to carbon monoxide levels as determined under rules
issued by the Administrator, sources with the potential to emit fifty (50) tpy
or more of carbon monoxide; and
(4) For particulate matter
(PM10) nonattainment areas classified as "serious,"
sources with the potential to emit seventy (70) tpy or more of
PM10.
"Part 70 permit" or "permit" (unless
the context suggests otherwise) means any permit or group of permits covering a
part 70 source that is issued, renewed, amended, or revised pursuant to this
rule.
"Part 70 program" or "State program"
means a program approved by the Administrator under 40 C.F.R. Part 70, as
promulgated July 21, 1992, and last modified November 27, 2001.
"Part 70 source" means any source subject to the
permitting requirements of this rule.
"Permit modification" means a revision to a part
70 permit that meets the requirements of Chapter 10 of Rule No. 26.
"Permit revision" means any permit modification or
administrative permit amendment.
"Permitting authority" means either of the
following:
(A) The Division of
Environmental Quality; or
(B) The
Administrator, in the case of EPA-implemented programs.
"Potential to emit" means the maximum capacity of
a stationary source to emit any air pollutant under its physical and
operational design. Any physical or operational limitation on the capacity of a
source to emit an air pollutant, including air pollution control equipment and
restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design if the
limitation is enforceable by the Administrator. This term does not alter or
affect the use of this term for any other purposes under the Act, or the term
"capacity factor" as used in title IV of the Act or the regulations promulgated
thereunder.
"Proposed permit" means the version of a permit
that the Division proposes to issue and forwards to the Administrator for
review.
"Recognized air contaminant emissions" shall mean
those air contaminant emissions which may reasonably be assumed to be present
according to mass balance calculations or applicable published literature on
air contaminant emissions or those air contaminant emissions which
characteristics, toxicity, rate and quantity of emission, and duration of their
presence in the atmosphere cause or present a threat of harm to human health or
the environment.
"Regulated air pollutant" means the
following:
(A) Nitrogen oxides or any
volatile organic compounds;
(B) Any
pollutant for which a national ambient air quality standard has been
promulgated;
(C) Any pollutant that
is subject to any standard promulgated under section 111 of the Act;
(D) Any Class I or II substance subject to a
standard promulgated under or established by title VI of the Act;
(E) Any hazardous air pollutant listed
pursuant to section 112 of the Act; or
(F) GHGs except that GHGs shall not be a
Regulated Air Pollutant unless the GHG emissions are from a part 70 source:
(1) emitting, or having a potential to emit
100,000 tpy CO2e emissions or more; and
(2) emitting, or having the potential to
emit, amounts that equal or exceed 100 tpy calculated as the sum of the six (6)
well-mixed GHGs on a mass basis.
"Renewal" means the process by which a permit is
reissued at the end of its term.
"Renewal permit" means a part 70 permit that is
reissued at the end of its term.
"Responsible official" means one of the
following:
(A) For a corporation: a
president, secretary, treasurer, or vice-president of the corporation in charge
of a principal business function, or any other person who performs similar
policy or decision-making functions for the corporation, or a duly authorized
representative of such person if the representative is responsible for the
overall operation of one or more manufacturing, production, or operating
facilities applying for or subject to a permit and either:
(1) The facilities employ more than 250
persons or have gross annual sales or expenditures exceeding $25 million (in
second quarter 1980 United States dollars); or
(2) The delegation of authority to such
representative is approved in advance by the Division;
(B) For a partnership or sole proprietorship:
a general partner or the proprietor, respectively;
(C) For a municipality, State, Federal, or
other public agency: either a principal executive officer or ranking elected
official. For the purposes of this rule, a principal executive officer of a
Federal agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency (e.g., a
Regional Administrator of EPA); or
(D) For acid rain sources:
(1) The designated representative insofar as
actions, standards, requirements, or prohibitions under title IV of the Act or
the regulations promulgated thereunder are concerned; and
(2) The designated representative for any
other purposes under part 70.
"State" means any non-Federal permitting
authority, including any local agency, interstate association, or statewide
program. The term "State" also includes the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands. Where such meaning is clear from
the context, "State" shall have its conventional meaning. For purposes of the
acid rain program, the term "State" shall be limited to authorities within the
48 contiguous States and the District of Columbia as provided in section
402(14) of the Act.
"Stationary source" means any building, structure,
facility, or installation that emits or may emit any regulated air
pollutant.
"Title I modification" means any modification as
defined under any regulation promulgated pursuant to Title I of the federal
Clean Air Act. De Minimis changes under Rule No. 19, changes
to state only permit requirements, administrative permit amendments, and
changes to the insignificant activities list are not Title I
modifications.
CHAPTER 3
: REQUIREMENT FOR A PERMIT, APPLICABILITYRule
26.301
Requirement for a permit
(A) No part 70 source may operate unless it
is operating in compliance with a part 70 permit, or unless it has filed a
timely and complete application for an initial or renewal permit as required
under these rules. Existing part 70 sources shall submit initial applications
according to the provisions of section 4. If a part 70 source submits a timely
and complete application for an initial or renewal permit, the source's failure
to have a part 70 permit is not a violation of this rule until the Division
takes final action on the permit application, except as noted in this section.
This protection shall cease to apply if, subsequent to the completeness
determination, the applicant fails to submit by the deadline specified in
writing by the Division any additional information identified as being needed
to process the application. If the Division fails to act in a timely way on a
permit renewal, EPA may invoke its authority under section 505(e) of the Act to
terminate or revoke and reissue the permit.
(B) No proposed new part 70 source shall
begin construction prior to obtaining a part 70 permit, unless the applicable
permit application was submitted prior to the effective date of these rules and
the Division's draft permitting decision for such source has already proceeded
to public notice in accordance with Rule No. 19.
(C) No part 70 source shall begin
construction of a new emissions unit or begin modifications to an existing
emissions unit prior to obtaining a modified part 70 permit. This applies only
to significant modifications and does not apply to modifications that qualify
as minor modifications or changes allowed under the operational flexibility
provisions of a part 70 permit. An existing part 70 source shall be subject to
the permit modification procedures of Rule No. 19 until such time that an
initial part 70 permit application is due from the source.
Rule 26.302
Sources subject to
permitting
The following sources shall be subject to permitting under
these rules, unless exempted by Rule 26.303 below:
(A) Any major source;
(B) Any source, including an area source,
subject to a standard, limitation, or other requirement under section 111 of
the Act (i.e., New Source Performance Standards [NSPS] regulations). However,
non-major sources subject to section 111 of the Act are exempt from the
obligation to obtain a part 70 permit until such time that the Administrator
completes a rulemaking to determine how the program should be structured for
non-major sources;
(C) Any source,
including an area source, subject to a standard or other requirement under
section 112 of the Act (i.e., hazardous air pollutant regulations), except that
a source is not required to obtain a permit solely because it is subject to
rules or requirements under section 112(r) of the Act;
(D) Any source subject to Arkansas Pollution
Control and Ecology Commission's Rule No. 19, Chapter 9;
(E) Any acid rain source (which shall be
permitted in accordance with the provisions of the federal acid rain program);
and
(F) Any source in a source
category designated by the Administrator pursuant to this section.
Rule 26.303
Source category
exemptions
The following source categories are exempted from the
obligation to obtain a part 70 permit:
(A) All sources listed in Rule 26.302 that
are not major sources, acid rain sources, or solid waste incineration units
required to obtain a permit pursuant to section 129(e) of the Act, are exempted
from the obligation to obtain a part 70 permit until such time as the
Administrator completes a rulemaking to determine how the program should be
structured for non-major sources.
(B) All sources and source categories that
would be required to obtain a permit solely because they are subject to 40
C.F.R. Part 60, Subpart AAA - Standards of Performance for New Residential
Wood Heaters as of July 23, 1993; and
(C) All sources and source categories that
would be required to obtain a permit solely because they are subject to 40
C.F.R. Part 61, Subpart M - National Emission Standard for Hazardous Air
Pollutants for Asbestos, section 61.145, Standard for Demolition and Renovation
as of July 23, 1993.
(D) Any other
non-major sources subject to a standard or other requirement under either
section 111 or 112 of the Act exempted by the Administrator.
Rule 26.304
Emissions units
subject to permitting
The Division shall include in the part 70 permit all applicable
requirements for all relevant emissions units in the part 70 source. Some
equipment with very small emission rates is exempt from permitting requirements
as per Chapter 4 and Appendix A of Rule No. 19.
Rule 26.305
Emissions subject to
permitting
All regulated air pollutant emissions and recognized air
contaminant emissions from a part 70 source shall be included in a part 70
permit, except that GHG emissions less than 100,000 tpy
CO2e shall not be included in a part 70 permit unless
the part 70 source undertakes a physical change or change in the method of
operation that will result in an emissions increase of 75,000 tpy
CO2e or more. Only regulated air pollutants may trigger
the need for a part 70 permit or a part 70 permit modification process. A
permit modification involving only air contaminants other than regulated air
pollutants shall be permitted according to the procedure of Rule No. 19. Such
permits shall be incorporated into the part 70 permit by administrative permit
amendment.
Rule 26.306
Fugitive emissions subject to permitting
Fugitive emissions from a part 70 source shall be included in
the permit application and the part 70 permit in the same manner as stack
emissions, regardless of whether the source category in question is included in
the list of sources contained in the definition of major source.
CHAPTER 6
: PERMIT
REVIEW BY THE PUBLIC, AFFECTED STATES, AND EPARule
26.601
Applicability
All initial permits, renewal permits, and significant permit
modifications shall meet the permit review requirements of this chapter.
Rule 26.602
Public
participation
All initial permit issuances, significant modifications, minor
modifications, and renewals shall afford the public the opportunity to
comment.
(A) Public notice shall be
given:
(1) By publication of notice of
application receipt by the Division, in a newspaper of general circulation in
the county in which the proposed facility or activity is to be located, in
accordance with the Arkansas Pollution Control and Ecology Commission's Rule
Number 8, Administrative Procedures (Rule No. 8) (minor permit modification
applications are exempt from this requirement). In the event the local
newspaper is unable or unwilling to publish the notice, notice may be published
in a newspaper in general circulation through the State;
(2) By the availability for public inspection
in at least one location in the area where the source is located and in the
Division's central offices of the permit application submitted by the owner or
operator and the Division's draft permitting decision and analysis of the
effect of the proposed emissions on air quality;
(3) By publication of a notice of the
Division's draft permitting decision in a newspaper of general circulation in
the county in which the proposed facility or activity is to be located, in
accordance with Rule No. 8. In the event the local newspaper is unable or
unwilling to publish the notice, notice may be published in a newspaper in
general circulation through the State;
(4) To the mayor of the community in which
the source is located;
(5) To the
county judge of the county in which the source is located;
(6) To persons on a mailing list developed by
the Division, including those who request in writing to be on the list;
and
(7) By other means if necessary
to assure adequate notice to the affected public.
(B) The notice of Rule 26.602(A)(3) shall
identify the affected facility; the name and address of the permittee; the name
and address of the Division; the activity or activities involved in the permit
action; the emissions change involved in any permit modification; the name,
address, and telephone number of a person from whom interested persons may
obtain additional information, including copies of the permit draft, the
application, all relevant supporting materials and all other materials
available to the Division that are relevant to the permit decision; a brief
description of the comment procedures required by this rule; and a statement of
procedures to request a hearing.
(C) The Division shall provide such notice
and opportunity for participation by affected States as is provided for in this
section.
(D) The Division shall
provide at least thirty (30) days for public comment on its draft permitting
decision and shall give notice of any public hearing at least thirty (30) days
in advance of the hearing.
(E) The
Division shall keep a record of the commenters and also of the issues raised
during the public participation process so that the Administrator may fulfill
his obligation under section 505(b)(2) of the Act to determine whether a
citizen petition may be granted, and such records shall be available to the
public.
Rule 26.603
Transmission of permit information to the Administrator
(A) The Division shall provide to the
Administrator a copy of each permit application (including any application for
permit modification), each proposed permit, and each final part 70 permit. The
applicant may be required by the Division to provide a copy of the permit
application (including the compliance plan) directly to the Administrator. Upon
agreement with the Administrator, the Division may submit to the Administrator
a permit application summary form and any relevant portion of the permit
application and compliance plan, in place of the complete permit application
and compliance plan.
(B) The
Division shall keep for five (5) years such records and submit to the
Administrator such information as the Administrator may reasonably require to
ascertain whether the State program complies with the requirements of the Act
or of 40 C.F.R. Part 70, as promulgated July 21, 1992, and last modified June
3, 2010 (75 FR 31607).
Rule
26.604
Review of draft permit by affected States
(A) The Division shall give notice of each
draft permit to any affected State on or before the time that the Division
provides this notice to the public, except to the extent that minor permit
modification procedures requires the timing of the notice to be
different.
(B) The Division, as
part of the submittal of the proposed permit to the Administrator (or as soon
as possible after the submittal for minor permit modification procedures),
shall notify the Administrator and any affected State in writing of any refusal
by the Division to accept all recommendations for the proposed permit that the
affected State submitted during the public or affected State review period. The
notice shall include the Division's reasons for not accepting any such
recommendation. The Division is not required to accept recommendations that are
not based on applicable requirements or the requirements of 40 C.F.R. Part 70,
as promulgated July 21, 1992, and last modified June 3, 2010 (75 FR
31607).
Rule 26.605
EPA objection to proposed permit
(A) The Administrator will object to the
issuance of any proposed permit determined by the Administrator not to be in
compliance with applicable requirements or requirements under this rule. No
permit for which an application is required to be transmitted to the
Administrator may be issued if the Administrator objects to its issuance in
writing within forty-five (45) days of receipt of the proposed permit and all
necessary supporting information.
(B) Any EPA objection shall include a
statement of the Administrator's reasons for objection and a description of the
terms and conditions that the permit must include to respond to the objections.
The Administrator will provide the permit applicant a copy of the
objection.
(C) Failure of the
Division to follow proper permit issuance procedural requirements or to submit
required information necessary to review the proposed permit also shall
constitute grounds for an objection.
(D) If the Division fails, within ninety (90)
days after the date of an objection under Rule 26.605(A) to revise and submit a
proposed permit in response to the objection, the Administrator will issue or
deny the permit in accordance with the requirements of the Federal program
promulgated under title V of the Act.
Rule 26.606
Public petitions to the
Administrator
If the Administrator does not object in writing to a proposed
part 70 permit, any person may petition the Administrator within sixty (60)
days after the expiration of the Administrator's forty-five (45) day review
period to make such objection. Any such petition shall be based only on
objections to the permit that were raised with reasonable specificity during
the public comment period, unless the petitioner demonstrates that it was
impracticable to raise such objections within such period, or unless the
grounds for such objection arose after such period. If the Administrator
objects to the permit as a result of a petition filed under this subsection,
the Division shall not issue the permit until EPA's objection has been
resolved, except that a petition for review does not stay the effectiveness of
a permit or its requirements if the permit was issued after the end of the
45-day review period and prior to an EPA objection. If the Division has issued
a permit prior to receipt of an EPA objection under this subsection, the
Administrator will modify, terminate, or revoke such permit, and shall do so
consistent with the procedures in Chapter 10 of Rule No. 26 except in unusual
circumstances, and the Division may thereafter issue only a revised permit that
satisfies EPA's objection. In any case, the source will not be in violation of
the requirement to have submitted a timely and complete application.
Rule 26.607
Prohibition on
default issuance
No part 70 permit (including a permit renewal or modification)
shall be issued until affected States and EPA have had an opportunity to review
the proposed permit as required under this chapter.
CHAPTER 7
: PERMIT CONTENT
Rule 26.701
Standard permit
requirements
Each permit issued under this program shall include the
following elements:
(A) Emission
limitations and standards, including those operational requirements and
limitations that assure compliance with all applicable requirements at the time
of permit issuance.
(1) 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.
(2) The permit shall state that, where an
applicable requirement of the Act is more stringent than an applicable
requirement of Rules promulgated under title IV of the Act, both provisions
shall be incorporated into the permit and shall be enforceable by the
Administrator.
(3) If an applicable
implementation plan allows a determination of an alternative emission limit at
a part 70 source, equivalent to that contained in the plan, to be made in the
permit issuance, renewal, or significant modification process, and the Division
elects to use such process, any permit containing such equivalency
determination shall contain provisions to ensure that any resulting emissions
limit has been demonstrated to be quantifiable, accountable, enforceable, and
based on replicable procedures.
(B) The Division shall issue permits for a
fixed term of five (5) years in the case of acid rain sources, and for a term
not to exceed five (5) years in the case of all other part 70 sources.
Notwithstanding this requirement, the Division shall issue permits for solid
waste incineration units combusting municipal waste subject to standards under
section 129(e) of the Act for a period not to exceed twelve (12) years and
shall review such permits at least every five (5) years.
(C) Monitoring and related recordkeeping and
reporting requirements.
(1) Each permit shall
contain the following requirements with respect to monitoring:
(a) All monitoring and analysis procedures or
test methods required under applicable monitoring and testing requirements,
including 40 C.F.R. Part 64 and any other procedures and methods that may be
promulgated pursuant to sections 114(a)(3) or 504(b) of the Act. If more than
one monitoring or testing requirement applies, the permit may specify a
streamlined set of monitoring or testing provisions provided the specified
monitoring or testing is adequate to assure compliance at least to the same
extent as the monitoring or testing applicable requirements that are not
included in the permit as a result of such streamlining;
(b) 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 26.701(C)(3). Such monitoring requirements shall assure use of
terms, test methods, units, averaging periods, and other statistical
conventions consistent with the applicable requirement. Recordkeeping
provisions may be sufficient to meet the requirements of this paragraph;
and
(c) As necessary, requirements
concerning the use, maintenance, and, where appropriate, installation of
monitoring equipment or methods.
(2) With respect to recordkeeping, the permit
shall incorporate all applicable recordkeeping requirements and require, where
applicable, the following:
(a) 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; and
(vi) The operating
conditions as existing at the time of sampling or measurement;
(b) Retention of records of all
required monitoring data and support information for a period of at least five
(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.
(3) With respect to reporting, the
permit shall incorporate all applicable reporting requirements and require the
following:
(a) Submittal of reports of any
required monitoring at least every six (6) months. 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
Rule 26.410 and section 114(a)(3) of the Act.
(b) 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 Division shall define in
each permit "prompt" in relation to the degree and type of deviation likely to
occur and the applicable requirements.
(D) A permit condition prohibiting emissions
exceeding any allowances that the source lawfully holds under title IV of the
Act or the regulations promulgated thereunder.
(1) 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.
(2) 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 non-compliance with any other applicable requirement.
(3) Any such allowance shall be accounted for
according to the procedures established in regulations promulgated under title
IV of the Act.
(E) 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.
(F) Provisions stating the
following:
(1) The permittee must comply with
all conditions of the part 70 permit. Any permit non-compliance 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.
(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.
(3) The 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 non-compliance does not
stay any permit condition.
(4) The
permit does not convey any property rights of any sort, or any exclusive
privilege.
(5) The permittee shall
furnish to the Division, within a reasonable time, any information that the
Division 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 Division copies of records required to be kept by the permit or, for
information claimed to be confidential, the permittee may furnish such records
directly to the Administrator along with a claim of confidentiality.
(G) A provision to ensure that a
part 70 source pays fees to the Division consistent with the fee schedule
approved pursuant to Rule No. 9.
(H) 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.
(I) Terms and conditions for reasonably
anticipated operating scenarios identified by the source in its application as
approved by the Division. Such terms and conditions:
(1) 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;
(2) May
extend the permit shield described in Rule 26.704 to all terms and conditions
under each such operating scenario; and
(3) Must ensure that the terms and conditions
of each such alternative scenario meet all applicable requirements and the
requirements of this part.
(J) Terms and conditions, if the permit
applicant requests them, 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. Such terms and conditions:
(1) Shall include all terms required under
Rule 26.701 and Rule 26.703 to determine compliance;
(2) May extend the permit shield described in
Rule 26.704 to all terms and conditions that allow such increases and decreases
in emissions; and
(3) Must meet all
applicable requirements and requirements of this part.
Rule 26.702
Federally-enforceable requirements(A)
All terms and conditions in a part 70 permit, including any provisions designed
to limit a source's potential to emit, are enforceable by the Administrator and
citizens under the Act.
(B)
Notwithstanding Rule 26.702(A), the Division shall specifically designate as
not being federally enforceable under the Act any terms and conditions included
in the permit that are not required under the Act or under any of its
applicable requirements. Terms and conditions so designated are not subject to
the requirements of Chapters 6 and 10 of Rule No. 26, other than those
contained in this section.
Rule
26.703
Compliance requirements
All part 70 permits shall contain the following elements with
respect to compliance:
(A) Consistent
with Rule 26.701(C), 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
part 70 permit shall contain a certification by a responsible official
consistent with Rule 26.410 and section 114(a)(3) of the Act.
(B) 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 Division or an authorized
representative to perform the following:
(1)
Enter upon the permittee's premises where a part 70 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 Act,
sample or monitor at reasonable times substances or parameters for the purpose
of assuring compliance with the permit or applicable requirements.
(C) A schedule of compliance
consistent with Rule 26.402(B)(8).
(D) Progress reports consistent with an
applicable schedule of compliance and Rule 26.402(B)(8) to be submitted at
least semiannually, or at a more frequent period if specified in the applicable
requirement or by the Division. Such progress reports shall contain the
following:
(1) Dates for achieving the
activities, milestones, or compliance required in the schedule of compliance,
and dates when such activities, milestones or compliance were achieved;
and
(2) 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.
(E) 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:
(1) The frequency (not less than
annually or such more frequent periods as specified in the applicable
requirement or by the Division) of submissions of compliance
certifications;
(2) In accordance
with Rule 26.701(C), a means for monitoring the compliance of the source with
its emissions limitations, standards, and work practices;
(3) A requirement that the compliance
certification include all of the following (provided that the identification of
applicable information may cross-reference the permit or previous reports, as
applicable):
(a) The identification of each
term or condition of the permit that is the basis of the
certification;
(b) The
identification of the method(s) or other means used by the owner or operator
for determining the compliance status with each term and condition during the
certification period, and whether such methods or other means provide
continuous or intermittent data. Such methods and other means shall include, at
a minimum, the methods and means required under Rule 26.701(C). If necessary,
the owner or operator also shall identify any other material information that
must be included in the certification to comply with section 113(c)(2) of the
Act, which prohibits knowingly making a false certification or omitting
material information;
(c) The
status of compliance with the terms and conditions of the permit for the period
covered by the certification, based on the method or means designated in Rule
26.703(E)(3)(b). The certification shall identify each deviation and take it
into account in the compliance certification. The certification shall also
identify as possible exceptions to compliance any periods during which
compliance is required and in which an excursion or exceedance occurred;
and
(d) Such other facts as the
Division may require to determine the compliance status of the
source.
(4) A requirement
that all compliance certifications be submitted to the Administrator as well as
to the Division.
(F) Such
other provisions as the Division may require.
Rule 26.704
Permit shield
(A) Except as provided in this rule, the
Division shall, if requested by the applicant, expressly include in a part 70
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, provided that:
(1) Such
applicable requirements are included and are specifically identified in the
permit; or
(2) The Division, 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 the determination or a concise summary
thereof.
(B) A part 70
permit that does not expressly state that a permit shield exists shall be
presumed not to provide such a shield.
(C) Nothing in this subsection or in any part
70 permit shall alter or affect the following:
(1) The provisions of section 303 of the Act
(emergency orders), including the authority of the Administrator under that
section;
(2) 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;
(3) The applicable requirements of the acid
rain program, consistent with section 408(a) of the Act; or
(4) The ability of EPA to obtain information
from a source pursuant to section 114 of the Act.
(D) Permit shield provisions shall not extend
to minor permit modifications.
Rule
26.705
General permits
(A) The Division may, after notice and
opportunity for public participation provided under Chapter 6 of Rule No. 26,
issue a general permit covering numerous similar sources. Any general permit
shall comply with all requirements applicable to other part 70 permits and
shall identify criteria by which sources may qualify for the general permit. To
sources that qualify, the Division shall grant the conditions and terms of the
general permit. Notwithstanding the permit shield provisions of this section,
the source shall be subject to enforcement action for operation without a part
70 permit if the source is later determined not to qualify for the conditions
and terms of the general permit. General permits shall not be authorized for
acid rain sources under the acid rain program unless otherwise provided in
regulations promulgated under title IV of the Act.
(B) Part 70 sources that would qualify for a
general permit must apply to the Division for coverage under the terms of the
general permit or must apply for a part 70 permit consistent with Chapter 4 of
Rule No. 26. The Division may, in the general permit, provide for applications
which deviate from the requirements of Chapter 4 of Rule No. 26, provided that
such applications meet the requirements of title V of the Act, and include all
information necessary to determine qualification for, and to assure compliance
with, the general permit. Without repeating the public participation
procedures, the Division may grant a source's request for authorization to
operate under a general permit, but such a grant shall not be a final permit
action for purposes of judicial review.
Rule 26.706
Temporary sources
The Division 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 acid rain source shall be
permitted as a temporary source. Permits for temporary sources shall include
the following:
(A) Conditions that
will assure compliance with all applicable requirements at all authorized
locations;
(B) Requirements that
the owner or operator notify the Division at least 10 days in advance of each
change in location; and
(C)
Conditions that assure compliance with all other provisions of this
section.
Rule 26.707
Emergency provision(A) An
"emergency" means any situation arising from sudden and reasonably
unforeseeable events beyond the control of the source which situation requires
immediate corrective action to restore normal operation, and that causes the
source to exceed a technologybased emission limitation under the permit, due to
unavoidable increases in emissions attributable to the emergency. An emergency
shall not include non-compliance to the extent caused by improperly designed
equipment, lack of preventative maintenance, careless or improper operation, or
operator error.
(B) An emergency
constitutes an affirmative defense to an action brought for non-compliance with
such technology-based emission limitations if the following conditions are met.
The affirmative defense of emergency shall be demonstrated through properly
signed, contemporaneous operating logs, or other relevant evidence that:
(1) An emergency occurred and that the
permittee can identify the cause(s) of the emergency;
(2) The permitted facility was at the time
being properly operated;
(3) 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
(4) The
permittee submitted notice of the emergency to the Division by the next working
day after the emergency. This notice must contain a description of the
emergency, any steps taken to mitigate emissions, and corrective actions
taken.
(C) In any
enforcement proceeding, the permittee seeking to establish the occurrence of an
emergency has the burden of proof.
(D) This provision is in addition to any
emergency or upset provision contained in any applicable requirement.
CHAPTER 10
: PERMIT MODIFICATIONS,
REOPENINGS
Rule 26.1001
Permit
modification
A permit modification is any revision to a part 70 permit that
cannot be accomplished under the program's provisions for administrative permit
amendments. A permit modification for purposes of the acid rain portion of the
permit shall be governed by regulations promulgated under title IV of the
Act.
Rule 26.1002
Minor permit modification applicability
The minor permit modification process is an expedited procedure
that allows a source to make trivial changes involving limited emission
increases, based on the differences between the sum of the proposed permitted
rates for all emissions units and the sum of previously permitted emission
rates for all units, without a public notice process or a preconstruction
permit. Minor permit modification procedures may be used only for those permit
modifications that:
(A) Involve an
emission increase of less than:
(1) 75 tons
per year of carbon monoxide (CO);
(2) 40 tons per year of nitrogen oxides
(NOx);
(3)
40 tons per year of sulfur dioxide (SO2);
(4) 25 tons per year of particulate matter
(PM);
(5) 10 tons per year of
direct PM2.5;
(6) 15 tons per year of
PM10;
(7) 40
tons per year of volatile organic compounds (VOCs);
(8) 0.6 tons per year of lead;
(9) 75,000 tons per year of
CO2e
(B) Involve the installation or modification
of emissions units which do not require a title I emissions netting procedure
to determine eligibility;
(C) Do
not violate any applicable requirement;
(D) Do not involve significant changes to
existing monitoring, reporting, or recordkeeping requirements in the
permit;
(E) 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;
(F) 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
Act;
(G) Are not
modifications under any provision of title I of the Act.
Rule 26.1003
Prohibition on multiple
related minor permit modification application submittals
A part 70 source may not submit multiple minor permit
modification applications that are designed to conceal a larger modification
that would not be eligible for minor permit modification procedures. The
Division may, in its discretion, require that multiple related minor permit
modification applications be processed as a significant permit
modification.
Rule 26.1004
Minor permit modification application
An application requesting the use of minor permit modification
procedures shall meet the standard part 70 permit application requirements and
shall additionally include the following:
(A) A description of the change, the
emissions resulting from the change, and any new applicable requirements that
will apply if the change occurs;
(B) The source's suggested draft permit
conditions;
(C) Certification by a
responsible official 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 Division to use to notify the Administrator and affected States as required
under Chapter 6 of Rule No. 26.
Rule
26.1005
EPA and affected State notification of minor permit
modification application
Within five (5) working days of receipt of a complete minor
permit modification application, the Division shall meet its obligation to
notify the Administrator and affected States of the requested permit
modification. The Division promptly shall send any notice required under
Chapter 6 of Rule No. 26 to the Administrator.
Rule 26.1006
Timetable for issuance of
minor permit modification
The Division may not issue a final minor permit modification
until after EPA's forty-five (45) day review period or until EPA has notified
the Division that EPA will not object to issuance of the permit modification,
although the Division can approve the permit modification prior to that time.
Within ninety (90) days of the Division's receipt of an application under minor
permit modification procedures or fifteen (15) days after the end of the
Administrator's forty-five (45) day review period under Chapter 6 of Rule No.
26, whichever is later, the Division shall:
(A) Issue the permit modification as
proposed;
(B) Deny the permit
modification application;
(C)
Determine that the requested modification does not meet the minor permit
modification criteria and should be reviewed under the significant modification
procedures; or
(D) Revise the draft
permit modification and transmit to the Administrator the new proposed permit
modification as required by Chapter 6 of Rule No. 26.
Rule 26.1007
Source's ability to make
minor modification
A source may make the change proposed in its minor permit
modification application upon receipt of written notification from the
Division. The Division shall have fifteen (15) days after its receipt of the
application to determine if the minor permit modification application is
complete and is eligible for minor permit modification procedures. If the
Division does not respond within this fifteen (15) day period, the source may
proceed with the proposed modification at its own risk. After the source makes
the change allowed by the preceding sentence, and until the Division takes
action on the application, the source must comply with both the applicable
requirements governing the change and the proposed permit terms and conditions.
During this time period, the source need not comply with the existing permit
terms and conditions it seeks to modify. However, if the source fails to comply
with its proposed permit terms and conditions during this time period, the
existing permit terms and conditions it seeks to modify may be enforced against
it.
Rule 26.1008
Group
processing of minor permit modifications
Multiple applications for different minor permit modifications
may be processed as a single minor permit modification by the Division if the
group of multiple permit applications as a whole meets the eligibility
requirements of Rule 26.1002.
Rule
26.1009
Permit shield not applicable to minor permit
modifications
The permit shield under Chapter 7 of Rule No. 26 does not
extend to minor permit modifications.
Rule 26.1010
Significant modification
procedures
Significant modifications involving the procedures of Chapter 6
of Rule No. 26 shall be used for applications that:
(A) Involve new applicable
requirements;
(B) Are modifications
under any provision of title I of the Act;
(C) Involve significant changes to existing
monitoring, reporting, or recordkeeping requirements in the permit;
(D) 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;
(E) Involve an
increase in regulated air pollutant emissions that cannot be processed under
minor permit modification procedures.
(F) 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 Act.
Rule
26.1011
Reopening for cause by the Division
(A) Each issued permit shall include
provisions specifying the conditions under which the permit will be reopened
prior to the expiration of the permit. A permit shall be reopened and revised
under any of the following circumstances:
(1)
Additional applicable requirements under the Act become applicable to a major
part 70 source with a remaining permit term of three (3) or more years. Such a
reopening shall be completed not later than eighteen (18) months after
promulgation of the applicable requirement. No such reopening is required if
the effective date of the requirement is later than the date on which the
permit is due to expire, unless the original permit or any of its terms and
conditions has been extended due to failure of the Division to take action on a
renewal permit.
(2) Additional
requirements (including excess emissions requirements) become applicable to an
acid rain source under the acid rain program. Upon approval by the
Administrator, excess emissions offset plans shall be deemed to be incorporated
into the permit.
(3) The Division
or 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.
(4) The Administrator or the Division
determines that the permit must be revised or revoked to assure compliance with
the applicable requirements.
(B) Proceedings to reopen and issue a permit
shall follow the same procedures as apply to initial permit issuance and shall
affect only those parts of the permit for which cause to reopen exists. Such
reopening shall be made as expeditiously as practicable.
(C) Reopenings shall not be initiated before
a notice of such intent is provided to the part 70 source by the Division at
least 30 days in advance of the date that the permit is to be reopened, except
that the Division may provide a shorter time period in the case of an
emergency.
Rule 26.1012
Reopenings for cause by EPA(A)
If the Administrator finds that cause exists to terminate, modify, or revoke
and reissue a permit, the Administrator shall notify the Division and the
permittee of such finding in writing.
(B) The Division shall, within ninety (90)
days after receipt of such notification, forward to EPA a proposed
determination of termination, modification, or revocation and reissuance, as
appropriate. The Administrator may extend this ninety (90) day period for an
additional ninety (90) days if he finds that a new or revised permit
application is necessary or that the Division must require the permittee to
submit additional information.
(C)
The Administrator will review the proposed determination from the Division
within ninety (90) days of receipt.
(D) The Division shall have ninety (90) days
from receipt of an EPA objection to resolve any objection that EPA makes and to
terminate, modify, or revoke and reissue the permit in accordance with the
Administrator's objection.
(E) If
the Division fails to submit a proposed determination pursuant to this
subsection, or fails to resolve any objection pursuant to this subsection, the
Administrator will terminate, modify, or revoke and reissue the permit after
the following actions:
(1) Providing at least
thirty (30) days notice to the permittee in writing of the reasons for any such
action.
(2) Providing the permittee
an opportunity for comment on the Administrator's proposed action and an
opportunity for a hearing.
Rule 26.1013
Permit flexibility
(A) The Division may grant an extension to
any testing, compliance or other dates in the permit. No extensions shall be
authorized until the permittee of the facility receives written approval from
the Division. The Division may grant such a request, at its discretion, in the
following circumstances:
(1) The permittee of
the facility makes such a request in writing at least fifteen (15) days in
advance of the deadline specified in the facility's permit;
(2) The extension does not violate a federal
requirement;
(3) The permittee of
the facility demonstrates the need for the extension; and
(4) The permittee of the facility documents
that all reasonable measures have been taken to meet the current deadline and
documents reasons the current deadline cannot be met.
(B) The Division may grant a request to allow
temporary emissions and/or testing that would otherwise exceed a permitted
emission rate, throughput requirement or other limit in a facility's permit. No
such activities shall be authorized until the permittee of the facility
receives written approval from the Division. The Division may grant such a
request, at its discretion, in the following circumstances:
(1) The permittee of the facility makes such
a request in writing at least thirty (30) days in advance of the date that
temporary emissions and/or testing that would otherwise exceed a permitted
emission rate, throughput requirement or other limit in a facility's
permit;
(2) Such a request does not
violate a federal requirement;
(3)
Such a request is temporary in nature;
(4) Such a request will not result in a
condition of air pollution;
(5) The
request contains such information necessary for the Division to evaluate the
request, including but not limited to, quantification of such emissions and the
date and time such emission will occur;
(6) Such a request will result in increased
emissions less than five tons of any individual criteria pollutant, one ton of
any single HAP and two and one-half (2.5) tons of total HAPs; and
(7) The permittee of the facility maintains
records of the dates and results of such temporary emissions and/or
testing.
(C) The Division
may grant a request to allow an alternative to the monitoring specified in a
facility's operating permit. No such activities shall be authorized until the
permittee of the facility receives written approval from the Division. The
Division may grant such a request, at its discretion, in the following
circumstances:
(1) The permittee of the
facility makes such a request in writing at least thirty (30) days in advance
of the first date that the monitoring alternative will be used at the
facility;
(2) Such a request does
not violate a federal requirement;
(3) The monitoring alternative provides an
equivalent or greater degree of actual monitoring to the requirements in the
facility's operating permit; and
(4) Any such request, if approved by the
Division, is incorporated into the next permit modification application by the
permittee of the facility.
