Current through August 31, 2023
All Tier I operating permits must contain and the Department
has the authority to impose, implement and enforce, the following elements for
all permitted operating scenarios and emissions trading scenarios. Fugitive
emissions must be included in the Tier I operating permit in the same manner as
stack emissions. All Tier 1 operating permits must: (3-28-23)
01.
Emission Limitations and
Standards. Contain emission limitations and standards, including, but
not limited to, those operational requirements and limitations that assure
compliance with the applicable requirements identified in the application, or
determined by the Department to be applicable to the source;
(3-28-23)
02.
Authority for
and Form of Terms and Conditions. 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; (3-28-23)
03.
Terms or
Conditions for Applicable Requirements. Contain at least one (1) permit
term or condition for every applicable requirement specifically identified in
the application or determined by the Department to be applicable to the source;
(3-28-23)
04.
Alternative
Operating Scenarios. Contain terms and conditions to ensure compliance
with all applicable requirements for each alternative operating scenario that
was requested by the applicant and approved by the Department, including, but
not limited to, a requirement that the owner or operator of the source,
contemporaneously with making a change from one (1) operating scenario to
another, record the change in an operating scenario log located and retained at
the permitted facility; (3-28-23)
05.
Trading Scenarios. (3-28-23)
a. Contain terms and conditions for each
trading scenario that was requested by the applicant and approved by the
Department including, but not limited to, terms and conditions that ensure that
any emission trade is quantifiable, accountable, enforceable and based on
replicable procedures. (3-28-23)
b.
State that no permit revision is required under approved economic incentives,
marketable permits, emissions trading, and other similar programs or processes
for changes that are provided for in the permit; and (3-28-23)
c. At a minimum, include a requirement that
the owner or operator of the source, contemporaneously with making a change
from one (1) trading scenario to another, record the change in a trading
scenario log located and retained at the permitted facility and provide notice
to the Department in accordance with Section
383; (3-28-23)
06.
Monitoring. Contain the
following with respect to monitoring: (3-28-23)
a. Sufficient monitoring to ensure compliance
with all of the terms and conditions of the Tier I operating permit;
(3-28-23)
b. All emissions
monitoring and analysis procedures or test methods required under the
applicable requirements; (3-28-23)
c. If the applicable requirement does not
require specific periodic testing or monitoring, terms and conditions requiring
periodic monitoring, recordkeeping, or both, that is sufficient to yield
reliable data for the relevant time periods that are representative of the
emissions unit's compliance with the Tier I operating permit, as reported
pursuant to Subsection
322.08, and ensuring the use of
terms, test methods, units, averaging periods, and other statistical
conventions consistent with the applicable requirement; and (3-28-23)
d. Requirements that the Department
determines are necessary, concerning the use, maintenance and installation of
monitoring equipment or methods; (3-28-23)
07.
Recordkeeping. Incorporate
by reference all applicable recordkeeping requirements and require the
following: (3-28-23)
a. Sufficient
recordkeeping to assure compliance with all the terms and conditions of the
Tier I operating permit; (3-28-23)
b. Recording of monitoring information
including but not limited to: (3-28-23)
i. The
date, place (as defined in the Tier I operating permit) and time of sampling or
measurements; (3-28-23)
ii. The
date(s) analyses were performed; (3-28-23)
iii. The company or entity that performed the
analyses; (3-28-23)
iv. The
analytical techniques or methods used; (3-28-23)
v. The results of such analyses; and
(3-28-23)
vi. The operating
conditions existing at the time of sampling or measurement; and
(3-28-23)
c. Retention of
all monitoring records and support information for a period of at least five
(5) years from the date of the monitoring sample, measurement, report or
application. Supporting information includes but is not limited to all
calibration and maintenance records and all original strip-chart recordings for
continuous monitoring instrumentation and copies of all reports required by the
Tier I operating permit; (3-28-23)
08.
Reporting. Incorporate by
reference all applicable reporting requirements and require the following:
(3-28-23)
a. Sufficient reporting to assure
compliance with all of the terms and conditions of the Tier I operating permit;
(3-28-23)
b. Prompt reporting of
deviations from permit requirements including, but not limited to, those
attributable to excess emissions. If the deviation is an excess emission, the
report must be submitted in accordance with the requirements of Sections
130 through
136. For all other deviations, the
report must be submitted in accordance with Subsection
322.08.c. unless the permit
specifies another time frame. The reports must describe the probable cause of
such deviations and any corrective actions or preventative measures taken; and
(3-28-23)
c. Submittal of reports
for any required monitoring at least every six (6) months. All instances of
deviations from Tier I operating permit requirements, which include monitoring,
recordkeeping, and reporting, must be clearly identified in such reports. All
required reports must be certified in accordance with Section
123; (3-28-23)
09.
Testing. Contain terms and
conditions requiring sufficient testing to assure compliance with all of the
terms and conditions of the Tier I operating permit; (3-28-23)
10.
Compliance Schedule and Progress
Reports. Contain terms and conditions regarding the compliance plan
submitted in the application in accordance with Subsection
314.10 including: (3-28-23)
a. For each applicable requirement for which
the source is not in compliance at the time of the permit issuance, terms and
conditions consistent with the compliance schedule submitted by the applicant
including all of the following: (3-28-23)
i.
A schedule of remedial measures leading to compliance including an enforceable
sequence of actions and specific dates for achieving the milestones and
achieving compliance; (3-28-23)
ii.
A requirement that the permittee submit periodic progress reports to the
Department no less frequently than every six (6) months or at a more frequent
period if one is specified in the underlying applicable requirement or by the
Department; (3-28-23)
iii. A
requirement that any progress report must include a statement of when the
milestones and compliance were or will be achieved, an explanation of why any
dates in the compliance schedule submitted by the applicant or in the terms or
conditions of the Tier I operating permit were not or will not be met and a
detailed description of any preventative or corrective measures undertaken by
the permittee; (3-28-23)
iv. All
terms and conditions of any applicable consent order, judicial order, judicial
consent decree, administrative order, settlement agreement or judgment; and
(3-28-23)
v. A statement that the
terms and conditions regarding the compliance schedule are supplemental to, and
do not sanction noncompliance with, the underlying applicable requirement;
(3-28-23)
b. For each
applicable requirement that will become effective during the term of the Tier I
operating permit and that requires a detailed compliance schedule, the permit
must include such compliance schedule; and (3-28-23)
c. For each applicable requirement that will
become effective during the term of the Tier I operating permit that does not
require a detailed compliance schedule, the permit must include a statement
that the permittee must meet, on a timely basis, all such applicable
requirements; (3-28-23)
11.
Periodic Compliance
Certifications. Require submittal of compliance certifications during
the term of the permit for each emissions unit to the Department and the EPA as
follows: (3-28-23)
a. Compliance
certifications for all emissions units must be submitted no less frequently
than annually, or more frequently if specified by the underlying applicable
requirement or by the Department; (3-28-23)
b. The compliance certification for each
emissions unit must address all the terms and conditions contained in the Tier
I operating permit that are applicable to such emissions unit including
emissions limitations, standards and work practices; (3-28-23)
c. The compliance certification must be in an
itemized format providing: (3-28-23)
i. The
identification of each term or condition of the Tier I operating permit that is
the basis of the certification; (3-28-23)
ii. 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. Such methods and
other means must include, at a minimum, the methods and means required under
Subsections 322.06,
322.07, and
322.08; (3-28-23)
iii. The status of compliance with the terms
and conditions of the Tier I operating permit for the period covered by the
certification, including whether compliance during the period was continuous or
intermittent. The certification must be based on the method or means designated
in Subsection 322.1
l.c.ii. above, identify each deviation and take it into account in the
compliance certification, and also identify as possible exceptions to
compliance any periods during which compliance is required and in which an
excursion or exceedance as defined under 40 CFR Part 64 occurred; and
(3-28-23)
iv. Such information as
the Department may require to determine the compliance status of the emissions
unit; and (3-28-23)
d.
All original compliance certifications must be submitted to the Department and
a copy of all compliance certifications submitted to the EPA;
(3-28-23)
12.
Permit Conditions Regarding Acid Rain Allowances. Include all
requirements for acid rain allowances. (3-28-23)
a. A permit condition prohibiting emissions
exceeding any allowances that the source lawfully holds. (3-28-23)
b. No limit is placed on the number of
allowances held by the source and no permit revisions are 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. (3-28-23)
c. The source may not use allowances as a
defense to noncompliance with any other applicable requirement.
(3-28-23)
d. Any such allowance
must be accounted for according to the procedures established in 40 CFR Part 72
and 40 CFR Part 73; (3-28-23)
13.
Permit Duration. State that
it is effective for a fixed term of five (5) years; (3-28-23)
14.
Other Specific Requirements.
Include any terms or conditions determined by the Department to be necessary
for approval of the Tier I operating permit; and (3-28-23)
15.
General Requirements.
Contain provisions stating: (3-28-23)
a. The
permittee must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation and is grounds for enforcement action;
for permit revocation, termination, revocation and reissuance, or revision; or
for denial of a permit renewal application; (3-28-23)
b. It is not a defense in an enforcement
action that it would have been necessary to halt or reduce any activity in
order to maintain compliance with the terms and conditions of this permit;
(3-28-23)
c. This permit may be
revised, revoked, reopened and reissued, or terminated for cause;
(3-28-23)
d. The filing of a
request by the permittee for a permit revision, revocation and reissuance, or
termination, or of a notification of planned changes or anticipated
noncompliance does not stay any permit condition; (3-28-23)
e. This permit does not convey any property
rights of any sort, or any exclusive privilege; (3-28-23)
f. The permittee must furnish all information
requested by the Department, within a reasonable time, that the Department 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; (3-28-23)
g. Upon request,
the permittee must furnish to the Department copies of records required to be
kept by this permit; (3-28-23)
h.
The provisions of this permit are severable, and if any provision of this
permit to any circumstance is held invalid, the application of such provision
to other circumstances, and the remainder of this permit is not affected
thereby; (3-28-23)
i. The permittee
must comply with Sections
380 through
386 as applicable;
(3-28-23)
j. Unless specifically
identified as a "State Only" provision, all terms and conditions in the permit,
including any terms and conditions designed to limit a source's potential to
emit, are enforceable: (3-28-23)
i. By the
Department in accordance with State law; and (3-28-23)
ii. By the United States or any other person
in accordance with Federal law; (3-28-23)
k. Provisions specifically identified as a
"State Only" provision are enforceable only in accordance with State law.
"State Only" provisions are those that are not required under the Federal Clean
Air Act or under any of its applicable requirements or those provisions adopted
by the State prior to federal approval; (3-28-23)
l. Upon presentation of credentials, the
permittee must allow the Department or an authorized representative of the
Department to do the following: (3-28-23)
i.
Enter upon the permittee's premises where a Tier I source is located or
emissions-related activity is conducted, or where records are kept under the
conditions of this permit; (3-28-23)
ii. Have access to and copy, at reasonable
times, any records that are kept under the conditions of this permit;
(3-28-23)
iii. Inspect at
reasonable times any facilities, equipment (including monitoring and air
pollution control equipment), practices, or operations regulated or required
under this permit; and (3-28-23)
iv. Sample or monitor at reasonable times
substances or parameters for the purpose of determining or ensuring compliance
with this permit or applicable requirements; (3-28-23)
m. Nothing in this permit alters or affects
the following: (3-28-23)
i. Any administrative
authority or judicial remedy available to prevent or terminate emergencies or
imminent and substantial dangers; (3-28-23)
ii. 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; (3-28-23)
iii.
The applicable requirements of the acid rain program, consistent with
42 U.S.C. Section
7651g(a); and
(3-28-23)
iv. The owner or
operator's duty to provide information; (3-28-23)
n. The owner or operator of a Tier I source
must pay registration fees to the Department in accordance with Sections
387 through
397, which are hereby incorporated
by reference; (3-28-23)
o. All
documents submitted to the Department must be certified in accordance with
Section 123;
(3-28-23)
p. If a timely and
complete application for a Tier I operating permit renewal is submitted, but
the Department fails to issue or deny the renewal permit before the end of the
term of the previous permit, then all the terms and conditions of the previous
permit including any permit shield that may have been granted pursuant to
Section 325 remains
in effect until the renewal permit has been issued or denied; and
(3-28-23)
q. The permittee must
promptly report deviations from permit requirements including, but not limited
to, those attributable to excess emissions. If the deviation is an excess
emission, the report must be submitted in accordance with the requirements of
Sections 130 through
136. For all other deviations, the
report must be submitted in accordance with Subsection
322.08.c. unless the permit
specifies another time frame. The reports must describe the probable cause of
such deviations and any corrective actions or preventative measures taken.
(3-28-23)