This document is prepared using the redline/strikeout method of
showing changes intended to be promulgated using as the baseline
the current version of part 70 as revised on June 20, 1996 (61 FR
31443). Material [in brackets] struck through would be deleted.
Material IN ALL CAPS shaded (WordPerfect redline font) would be
added.
PARTS 51 AND 70 REGULATIONS
MAY 14, 1997 DRAFT
TABLE OF CONTENTS
Part 51 - REQUIREMENTS FOR PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION PLANS . . . . . . . . . . . . 1
51.160 Legally enforceable procedures. . . . . . . . . 1
51.161 Public availability of information. . . . . . . 1
Part 70 - STATE OPERATING PERMIT PROGRAMS. . . . . . . . . . . 1
70.1 Program overview.. . . . . . . . . . . . . . . . . 1
70.2 Definitions. . . . . . . . . . . . . . . . . . . . 2
Act. . . . . . . . . . . . . . . . . . . . . . . . . 2
Advance approval . . . . . . . . . . . . . . . . . . 2
Affected source. . . . . . . . . . . . . . . . . . . 2
Affected States. . . . . . . . . . . . . . . . . . . 2
Affected unit. . . . . . . . . . . . . . . . . . . . 2
Alternative operating scenarios. . . . . . . . . . . 2
Applicable requirement . . . . . . . . . . . . . . . 2
Designated representative. . . . . . . . . . . . . . 3
Draft permit or draft permit revision. . . . . . . . 3
Eligible Indian Tribe. . . . . . . . . . . . . . . . 4
Emissions allowable under the permit . . . . . . . . 4
Emissions unit . . . . . . . . . . . . . . . . . . . 4
Enforceable by the appropriate air pollution
control agency. . . . . . . . . . . . . . . . . 4
EPA or the Administrator . . . . . . . . . . . . . . 4
Final permit . . . . . . . . . . . . . . . . . . . . 4
Fugitive emissions . . . . . . . . . . . . . . . . . 4
General permit . . . . . . . . . . . . . . . . . . . 4
Indian Tribe . . . . . . . . . . . . . . . . . . . . 4
Major new source review. . . . . . . . . . . . . . . 4
Major source . . . . . . . . . . . . . . . . . . . . 4
Minor new source review (minor NSR). . . . . . . . . 8
Part 70 permit or permit . . . . . . . . . . . . . . 8
Part 70 program, State program . . . . . . . . . . . 8
Part 70 source . . . . . . . . . . . . . . . . . . . 8
Permit program costs . . . . . . . . . . . . . . . . 8
Permit revision. . . . . . . . . . . . . . . . . . . 8
Permitting authority . . . . . . . . . . . . . . . . 8
Potential to emit. . . . . . . . . . . . . . . . . . 8
Proposed permit or proposed permit revision. . . . . 9
Regulated air pollutant. . . . . . . . . . . . . . . 9
Regulated pollutant (for presumptive fee
calculation). . . . . . . . . . . . . . . . . . 9
Renewal. . . . . . . . . . . . . . . . . . . . . . 10
Research and development activities. . . . . . . . 10
Responsible official . . . . . . . . . . . . . . . 10
State. . . . . . . . . . . . . . . . . . . . . . . 11
Stationary source. . . . . . . . . . . . . . . . . 11
Title I modification or modification under any
provision of title I of the Act . . . . . . . 11
Whole program. . . . . . . . . . . . . . . . . . . 11
70.3 Applicability. . . . . . . . . . . . . . . . . . 11
(a) Part 70 sources . . . . . . . . . . . . . . . 12
(b) Source category exemptions. . . . . . . . . . 12
(c) Emissions units and part 70 sources . . . . . 13
(d) Fugitive emissions. . . . . . . . . . . . . . 13
70.4 State and Tribal program submittals and
transition . . . . . . . . . . . . . . . . . . . . 13
(a) Date for submittal. . . . . . . . . . . . . . 13
(b) Elements of the initial program submission. . 13
(c) Partial programs. . . . . . . . . . . . . . . 21
(d) Interim approval. . . . . . . . . . . . . . . 22
(e) EPA review of permit program submittals . . . 24
(f) State response to EPA review of program . . . 25
(g) Effective date. . . . . . . . . . . . . . . . 25
(h) Individual permit transition. . . . . . . . . 25
(i) Program revisions . . . . . . . . . . . . . . 25
(j) Savings provision . . . . . . . . . . . . . . 27
(k) Sharing of information. . . . . . . . . . . . 27
(l) Administration and enforcement. . . . . . . . 28
70.5 Permit applications. . . . . . . . . . . . . . . 28
(a) Duty to apply . . . . . . . . . . . . . . . . 28
(b) Duty to supplement or correct application . . 29
(c) Standard application form and required
information . . . . . . . . . . . . . . . . . 29
70.6 Permit content . . . . . . . . . . . . . . . . . 33
(a) Standard permit requirements. . . . . . . . . 33
(b) Federally-enforceable requirements. . . . . . 37
(c) Compliance requirements . . . . . . . . . . . 38
(d) General permits . . . . . . . . . . . . . . . 39
(e) Temporary sources . . . . . . . . . . . . . . 40
(f) Permit shield . . . . . . . . . . . . . . . . 40
(g) Emergency provision . . . . . . . . . . . . . 41
70.7 Permit issuance, renewal, reopenings, and
revisions. . . . . . . . . . . . . . . . . . . . . 42
(a) Action on application . . . . . . . . . . . . 42
(b) Requirement for a permit. . . . . . . . . . . 44
(c) Permit renewal and expiration . . . . . . . . 44
(d) General Requirements For Permit Revisions . . 50
(e) Expedited permit revisions. . . . . . . . . . 51
(f) Minor permit revisions. . . . . . . . . . . . 56
(g) Significant permit revisions. . . . . . . . . 58
(h) Streamlined permit revision procedures -
merged programs . . . . . . . . . . . . . . . 60
(i) Permit shield . . . . . . . . . . . . . . . . 61
(j) Reopening for cause . . . . . . . . . . . . . 61
(k) Reopenings for cause by EPA . . . . . . . . . 62
(l) Public participation. . . . . . . . . . . . . 63
70.8 Permit review by EPA and affected States . . . . 64
(a) Transmission of information to the
Administrator . . . . . . . . . . . . . . . . 64
(b) Review by affected States . . . . . . . . . . 65
(c) EPA objection . . . . . . . . . . . . . . . . 66
(d) Public petitions to the Administrator . . . . 67
(e) Prohibition on default issuance . . . . . . . 68
70.9 Fee determination and certification. . . . . . . 69
(a) Fee Requirement . . . . . . . . . . . . . . . 69
(b) Fee schedule adequacy . . . . . . . . . . . . 69
(c) Fee demonstration . . . . . . . . . . . . . . 71
(d) Use of Required Fee Revenue . . . . . . . . . 71
70.10 Federal oversight and sanctions . . . . . . . . 71
(a) Failure to submit an approvable program . . . 71
(b) State failure to administer or enforce. . . . 72
(c) Criteria for withdrawal of State programs . . 73
(d) Federal collection of fees. . . . . . . . . . 74
70.11 Requirements for enforcement authority. . . . . 74
(a) Enforcement authority . . . . . . . . . . . . 75
(b) Burden of proof . . . . . . . . . . . . . . . 75
(c) Appropriateness of penalties and fines. . . . 76
APPENDIX B - FEDERAL RULES ELIGIBLE FOR NOTICE-ONLY
PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . B-1
Draft 5-13-96
Part 51 - REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL
OF IMPLEMENTATION PLANS
51.160 Legally enforceable procedures.
* * * * *
(G) ALL TERMS USED IN 51.160 THROUGH 51.164 OF THIS PART
SHALL HAVE THE SAME MEANING AS SET FORTH ELSEWHERE IN RELEVANT
SECTIONS OF SUBPART I OF THIS PART, OR IN THE ACT, AS
APPROPRIATE.
51.161 Public availability of information.
(a) The legally enforceable procedures in 51.160 must
also require the State or local agency to provide an adequate
opportunity for public comment on information submitted by owners
and operators. The public information must include the agency's
analysis of the effect of construction or modification on ambient
air quality, incuding the agency's proposed approval or
disapproval.
(b) A 30-DAY OPPORTUNITY FOR PUBLIC COMMENT SHALL BE
PROVIDED FOR:
(1) THE CONSTRUCTION OR MODIFICATION OF ANY STATIONARY
SOURCE THAT IS SUBJECT TO PERMITTING REQUIREMENTS AS A MAJOR
SOURCE OR MAJOR MODIFICATION UNDER PART C OR PART D OF TITLE I OF
THE ACT; AND
(2) ANY PHYSICAL CHANGE OR CHANGE IN THE METHOD OF
OPERATION ASSOCIATED WITH A PROJECT WHERE THE PROSPECTIVE
EMISSIONS INCREASES FROM SUCH CHANGES, CONSIDERED BY THEMSELVES
PLUS ANY EMISSIONS INCREASES DUE TO AN INCREASE IN PRODUCTION
RATES AT OTHER UNITS THAT WILL RESULT DIRECTLY FROM THE CHANGE,
WOULD EQUAL OR EXCEED THE MAJOR SOURCE THRESHOLD FOR ANY
POLLUTANT SUBJECT TO REGULATION UNDER PART C OR D OF TITLE I OF
THE ACT.
(C) A 21-DAY OPPORTUNITY FOR PUBLIC COMMENT SHALL BE
PROVIDED FOR THE FOLLOWING THREE TYPES OF CHANGES IF THEY OCCUR
AT SOURCES SUBJECT TO PART 70 OF THIS CHAPTER:
(1) ANY PHYSICAL CHANGE OR CHANGE IN THE METHOD OF
OPERATION ASSOCIATED WITH A PROJECT WHERE THE PROSPECTIVE
EMISSIONS INCREASES FROM SUCH CHANGES, CONSIDERED BY THEMSELVES
PLUS ANY EMISSIONS INCREASES DUE TO AN INCREASE IN PRODUCTION
RATES AT OTHER UNITS THAT WILL RESULT DIRECTLY FROM THE CHANGE,
WOULD EXCEED THE SIGNIFICANCE LEVEL, BUT WOULD BE LESS THAN THE
MAJOR SOURCE THRESHOLD FOR ANY POLLUTANT SUBJECT TO REGULATION
UNDER PART C OR D OF TITLE I OF THE ACT;
(2) LIMITATIONS ON THE POTENTIAL TO EMIT OF A FACILITY TO
AVOID MAJOR SOURCE REQUIREMENTS; AND
(3) ANY OTHER CHANGE THAT IS NOT DESIGNATED AS DE MINIMIS
UNDER PARAGRAPH (F) OF THIS SECTION.
(d) THE opportunity for public comment shall include, as a
minimum:
(1) [(1)] Availability for public inspection in at least
one location in the area affected of the information submitted by
the owner or operator and of the State or local agency's analysis
of the effect on air quality;
(2) [(3)] A notice [by prominent advertisement] in the
affected area [affected of the location of the source information
and analysis specified in paragraph (b)(1) of this section]
specifying the location of the relevant source information.
(e) [(c) Where the 30-day comment period required in
paragraph (b) of this section would confilct with existing
requirements for acting on requests for permission to construct
or modify, the State may submit for aproval a comment period
which is consistent with such existing requirements.] THE
PROGRAM MAY VARY THE PROCEDURES FOR, AND TIMING OF, PUBLIC REVIEW
IN LIGHT OF THE ENVIRONMENTAL SIGNIFICANCE OF THE CHANGE IF:
(1) THE ACTIVITY IS NOT AMONG THOSE LISTED IN PARAGRAPHS
(B) OR (C) OF THIS SECTION; AND
(2) THE SOURCE IS NOT SUBJECT TO PART 70 OF THIS CHAPTER.
(F) THE PERMITTING AUTHORITY MAY DESIGNATE, SUBJECT TO EPA
APPROVAL UNDER THIS PARAGRAPH OR IN THE STATE'S PART 70 OPERATING
PERMITS PROGRAM, CERTAIN CATEGORIES OF CHANGES AS DE MINIMIS.
THE PERMITTING AUTHORITY MAY EXEMPT DE MINIMIS CHANGES FROM
PUBLIC REVIEW REQUIREMENTS OF THIS SECTION. THE PERMITTING
AUTHORITY SHALL SHOW THAT DE MINIMIS CHANGES MEET THE FOLLOWING
CRITERIA:
(1) THE ESTABLISHMENT OF PRECONSTRUCTION PERMIT TERMS
INVOLVES LITTLE OR NO JUDGMENT; OR
(2) THE CHANGE SATISFIES THE CRITERIA OF
70.7(E)(3)(III)(B)(2) OF THIS CHAPTER.
(g) [(e) A copy of t]The notice required by paragraph (b)
of this section must also be PROVIDED [sent] to the Administrator
through the appropriate Regional Office, and to all other State
and local air pollution control agencies having jurisdiction in
the region in which such new or modified installation will be
located. The notice also must be PROVIDED [sent] to any other
agency in the region having responsibility for implementing the
procedures required under this subpart. [For lead, a copy of the
notice is re1uired for all point sources. The definition of
point for lead is given in 51.100(k)(2).]
Part 70 - STATE OPERATING PERMIT PROGRAMS
[70.1 Program overview.]
(a) The regulations in this part provide for the
establishment of comprehensive State [air quality] OPERATING
permit[ting systems] PROGRAMS consistent with the requirements of
title V of the Clean Air Act (Act) (42 U.S.C. 7401, et seq.).
These regulations define the minimum elements required by the Act
for State operating permit programs and the corresponding
standards and procedures by which the Administrator will approve,
oversee, and withdraw approval of State operating permit
programs.
(b) STATE OPERATING PERMIT PROGRAMS SHALL PROVIDE THAT A[A]ll
sources subject to these regulations shall have a permit to
operate that assures compliance by the source with all applicable
requirements. While title V does not impose substantive new
requirements, it does require that fees be imposed on sources and
that certain procedural measures be adopted especially with
respect to compliance.
(c) Nothing in this part shall prevent a State, or
interstate permitting authority, from establishing additional or
more stringent requirements not inconsistent with the Act. The
U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) will approve State
program submittals to the extent that they are not inconsistent
with the Act and these regulations. No permit, however, can be
less stringent than necessary to meet all applicable
requirements. In the case of Federal intervention in the permit
process, the Administrator reserves the right to implement the
State operating permit program, in whole or in part, or the
Federal program contained in regulations promulgated under title
V of the Act.
(d) The requirements of part 70, including provisions
regarding schedules for submission and approval or disapproval of
permit applications, shall apply to the permitting of affected
sources under the acid rain program, except as provided herein or
modified in regulations promulgated under title IV of the Act
(acid rain program).
(e) Issuance of State permits under this part may be
coordinated with issuance of permits under the Resource
Conservation and Recovery Act and under the Clean Water Act,
whether issued by the State, [the U.S. Environmental Protection
Agency (EPA)], or the U.S. Army Corps of Engineers.
70.2 Definitions.
The following definitions apply to part 70. Except as
specifically provided in this section, terms used in this part
retain the meaning accorded them under the applicable
requirements of the Act.
Act means the Clean Air Act, as amended, 42 U.S.C. 7401, et
seq.
ADVANCE APPROVAL MEANS TERMS OR CONDITIONS IN A PART 70
PERMIT SETTING FORTH, IN ADVANCE, REQUIREMENTS APPLICABLE TO NEW
OR MODIFIED UNITS, SO THAT SUCH CHANGES MAY BE MADE AS AN
ALTERNATIVE OPERATING SCENARIO RATHER THAN A REVISION TO THE PART
70 PERMIT. [NOTE: EPA IS CONSIDERING REGULATORY LANGUAGE
EXCLUDING MAJOR NSR.]
Affected source shall have the meaning given to it in the
regulations promulgated under title IV of the Act.
Affected States are all States:
(1) Whose air quality may be affected and that are
contiguous to the State in which a part 70 permit, permit
[modification ]REVISION or permit renewal is being proposed; or
(2) That are within 50 miles of the permitted source.
Affected unit shall have the meaning given to it in the
regulations promulgated under title IV of the Act.
ALTERNATIVE OPERATING SCENARIOS MEANS TERMS OR CONDITIONS IN
A PART 70 PERMIT, INCLUDING THOSE RESULTING FROM ADVANCE
APPROVALS, WHICH ASSURE THAT DIFFERENT MODES OF OPERATION COMPLY
WITH THE APPLICABLE REQUIREMENTS RELEVANT TO EACH MODE OF
OPERATION.
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):
(1) 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 part 52 of this chapter;
(2) ANY REQUIREMENT ENFORCEABLE BY THE ADMINISTRATOR AND BY
CITIZENS UNDER THE ACT THAT LIMITS EMISSIONS FOR PURPOSES OF
CREATING OFFSET CREDITS OR FOR COMPLYING WITH OR AVOIDING
APPLICABILITY OF APPLICABLE REQUIREMENTS;
[(2)] (3) Any term or condition of any preconstruction
permits issued pursuant to regulations approved or promulgated
through rulemaking under title I, including parts C or D, of the
Act;
[(3) ](4) Any standard or other requirement under
section 111 of the Act, including section 111(d);
[(4)] (5) 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;
[(5)] (6) Any standard or other requirement of the acid
rain program under title IV of the Act or the regulations
promulgated thereunder;
[(6)](7) Any requirements established pursuant to section
504(b) or section 114(a)(3) of the Act;
[(7)] (8) Any standard or other requirement governing solid
waste incineration, under section 129 of the Act;
[(8)] (9) Any standard or other requirement for consumer
and commercial products, under section 183(e) of the Act;
[(9) ](10 Any standard or other requirement for tank
vessels, under section 183(f) of the Act;
[(10)] (11) Any standard or other requirement of the
program to control air pollution from outer continental shelf
sources, under section 328 of the Act;
[(11)] (12) Any standard or other requirement of the
regulations promulgated to protect stratospheric ozone SECTIONS
608 OR 609 OF under title VI of the Act, unless the Administrator
has determined that such requirements need not be contained in a
title V permit, AND ANY STANDARD OR OTHER REQUIREMENT UNDER ANY
OTHER SECTION(S) OF TITLE VI OF THE ACT THAT THE ADMINISTRATOR
DETERMINES SHOULD BE CONTAINED IN A PART 70 PERMIT; and
[(12) (13) 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.
Designated representative shall have the meaning given to it
in section 402(26) of the Act and the regulations promulgated
thereunder.
Draft permit OR DRAFT PERMIT REVISION means the version of a
THE permit OR PERMIT REVISION for which the permitting authority
offers public participation AS PROVIDED under 70.7[(h) or
affected State review under 70.8] of this part.
ELIGIBLE INDIAN TRIBE MEANS AN INDIAN TRIBE THAT EPA HAS
DETERMINED TO MEET THE REQUIREMENTS OF SECTION 301(D)(2) OF THE
ACT AND 40 CFR PART 49.
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 or any pollutant listed under section 112(b) of the
Act. This term is not meant to alter or affect the definition of
the term "unit" for purposes of title IV of the Act.
ENFORCEABLE BY THE APPROPRIATE AIR POLLUTION CONTROL AGENCY
MEANS [RESERVED].
The EPA or the Administrator means the Administrator of the
EPA or his OR HER designee.
Final permit means the version of a part 70 permit issued by
the permitting authority that has completed all review procedures
required by 70.7 and 70.8 of this part.
Fugitive emissions are those emissions which could not
reasonably pass through a stack, chimney, vent, or other
functionally-equivalent opening.
General permit means a part 70 permit that meets the
requirements of 70.6(d) of this part.
INDIAN TRIBE MEANS ANY INDIAN TRIBE, BAND, NATION, OR OTHER
ORGANIZED GROUP OR COMMUNITY, INCLUDING ANY ALASKAN NATIVE
VILLAGE, WHICH IS FEDERALLY RECOGNIZED AS ELIGIBLE FOR THE
SPECIAL PROGRAMS AND SERVICES PROVIDED BY THE UNITED STATES TO
INDIANS BECAUSE OF THEIR STATUS AS INDIANS.
MAJOR NEW SOURCE REVIEW (MAJOR NSR) MEANS A TITLE I PROGRAM
CONTAINED IN AN EPA-APPROVED OR PROMULGATED IMPLEMENTATION PLAN
FOR THE PRECONSTRUCTION REVIEW OF CHANGES WHICH ARE SUBJECT TO
REVIEW AS NEW MAJOR STATIONARY SOURCES OR MAJOR MODIFICATIONS
UNDER EPA REGULATIONS IMPLEMENTING PARTS C OR D OF TITLE I OF THE
ACT.
Major source means any stationary source OR GROUP OF
STATIONARY SOURCES AS DESCRIBED IN PARAGRAPHS (1), (2), OR (3) OF
THIS DEFINITION. [(or,] FOR PURPOSES OF PARAGRAPHS (2) AND (3), A
MAJOR STATIONARY SOURCE INCLUDES any group of stationary sources
that are located on one or more contiguous or adjacent
properties, [and] THAT are under common control of the same
person (or persons under common control), AND THAT BELONG
[belonging] to a single major industrial grouping. [and that are
described in paragraphs (1), (2), or (3) of this definition. For
the purposes of defining "major source," and that are described
in paragraphs (1), (2), or (3) of this definition a] 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 EXCEPT THAT RESEARCH AND
DEVELOPMENT ACTIVITIES SHALL BE TREATED AS BELONGING TO A
SEPARATE INDUSTRIAL GROUPING. IN ADDITION, FOR PURPOSES OF
PARAGRAPHS (2) AND (3) OF THIS DEFINITION, ANY STATIONARY SOURCE
(OR GROUP OF STATIONARY SOURCES) THAT CONVEYS, STORES, OR
OTHERWISE ASSISTS IN THE PRODUCTION OF A PRINCIPAL PRODUCT AT
ANOTHER STATIONARY SOURCE (OR GROUP OF STATIONARY SOURCES), MAY
BE CONSIDERED A SUPPORT FACILITY. A SUPPORT FACILITY SHALL BE
CONSIDERED TO BE PART OF THE SAME SOURCE AS THE STATIONARY SOURCE
(OR GROUP OF STATIONARY SOURCES) WHICH IT SUPPORTS REGARDLESS OF
THE 2-DIGIT SIC CODE FOR THE SUPPORT FACILITY.
(1) A major source under section 112 of the Act, which is
defined as:
(i) 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, 10 tons per year (tpy) or more of any
hazardous air pollutant (HAP) (INCLUDING ANY FUGITIVE EMISSIONS
OF SUCH POLLUTANT) which has been listed pursuant to section
112(b) of the Act, 25 tpy or more of any combination of such
hazardous air pollutants (INCLUDING ANY FUGITIVE EMISSIONS OF
SUCH POLLUTANTS), or such lesser quantity as the Administrator
may establish by rule. Notwithstanding the preceding
sentence[,]:
(A) E[e]missions 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] AND
(B) RESEARCH AND DEVELOPMENT ACTIVITIES MAY BE CONSIDERED
SEPARATELY AND NEED NOT BE AGGREGATED WITH COLLOCATED STATIONARY
SOURCES FOR PURPOSES OF DETERMINING MAJOR SOURCE STATUS; HOWEVER,
THE SUPPORT FACILITIES OF A STAND-ALONE RESEARCH AND DEVELOPMENT
ACTIVITY MUST BE AGGREGATED WITH THE RESEARCH AND DEVELOPMENT
ACTIVITY FOR PURPOSES OF DETERMINING MAJOR SOURCE STATUS.
(ii) For radionuclides, "major source" shall have the
meaning specified by the Administrator by rule.
(2) A major stationary source of air pollutants OR ANY
GROUP OF STATIONARY SOURCES, as defined in section 302 of the
Act, that directly emits or has the potential to emit, 100 tpy or
more of any 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 OR FOR THE PURPOSES OF PARAGRAPH (3) OF THIS DEFINITION,
unless the source belongs to one of the following categories of
stationary source:
(i) Coal cleaning plants (with thermal dryers);
(ii) Kraft pulp mills;
(iii) Portland cement plants;
(iv) Primary zinc smelters;
(v) Iron and steel mills;
(vi) Primary aluminum ore reduction plants;
(vii) Primary copper smelters;
(viii) Municipal incinerators (OR COMBINATIONS THEREOF)
capable of charging more than [250] 50 tons of refuse per day;
(ix) Hydrofluoric, sulfuric, or nitric acid plants;
(x) Petroleum refineries;
(xi) Lime plants;
(xii) Phosphate rock processing plants;
(xiii) Coke oven batteries;
(xiv) Sulfur recovery plants;
(xv) Carbon black plants (furnace process);
(xvi) Primary lead smelters;
(xvii) Fuel conversion plant;
(xviii) Sintering plants;
(xix) Secondary metal production plants;
(xx) Chemical process plants;
(xxi) Fossil-fuel boilers (or combination thereof) totaling
more than 250 million British thermal units per hour heat input;
(xxii) Petroleum storage and transfer units with a total
storage capacity exceeding 300,000 barrels;
(xxiii) Taconite ore processing plants;
(xxiv) Glass fiber processing plants;
(xxv) Charcoal production plants;
(xxvi) Fossil-fuel-fired steam electric plants of more than
250 million British thermal units per hour heat
input; or
(xxvii) [All other stationary source categories regulated
by a standard promulgated under section 111 or 112 of the Act,
but only with respect to those air pollutants that have been
regulated for that category] ANY OTHER STATIONARY SOURCE CATEGORY
REGULATED UNDER SECTION 111 OR 112 OF THE ACT AND FOR WHICH THE
ADMINISTRATOR HAS MADE AN AFFIRMATIVE DETERMINATION UNDER SECTION
302(J) OF THE ACT;
(3) A major stationary source as defined in part D of title
I of the Act, including:
(i) For ozone nonattainment areas, sources with the
potential to emit 100 tpy or more of volatile organic compounds
or oxides of nitrogen in areas classified as "marginal" or
"moderate," 50 tpy or more in areas classified as "serious," 25
tpy or more in areas classified as "severe," and 10 tpy or more
in areas classified as "extreme"; except that the references in
this paragraph to 100, 50, 25, and 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;
(ii) For ozone transport regions established pursuant to
section 184 of the Act, sources with the potential to emit 50 tpy
or more of volatile organic compounds;
(iii) For carbon monoxide nonattainment areas (1) that are
classified as "serious," and (2) in which stationary sources
contribute significantly to carbon monoxide levels as determined
under rules issued by the Administrator, sources with the
potential to emit 50 tpy or more of carbon monoxide; and
(iv) For particulate matter (PM-10) nonattainment areas
classified as "serious," sources with the potential to emit 70
tpy or more of PM-10.
MINOR NEW SOURCE REVIEW (MINOR NSR) MEANS A TITLE I PROGRAM
APPROVED BY EPA INTO A STATE'S IMPLEMENTATION PLAN UNDER EPA
REGULATIONS IMPLEMENTING SECTION 110(A)(2) OF TITLE I OF THE ACT
FOR THE PRECONSTRUCTION REVIEW OF CHANGES WHICH ARE SUBJECT TO
REVIEW AS NEW OR MODIFIED SOURCES AND WHICH DO NOT QUALIFY AS NEW
MAJOR STATIONARY SOURCES OR MAJOR MODIFICATIONS UNDER EPA
REGULATIONS IMPLEMENTING PARTS C OR D OF TITLE I OF THE ACT.
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 part.
Part 70 program, [or] State program, PERMIT PROGRAM, OR
PROGRAM ,UNLESS OTHERWISE SPECIFIED, means a program approved by
the Administrator under this part.
Part 70 source means any source subject to the permitting
requirements of this part, as provided in 70.3(a) and 70.3(b)
of this part.
[Permit modification means a revision to a part 70 permit
that meets the requirements of 70.7(e) of this part.]
Permit program costs means all reasonable (direct and
indirect) costs required to develop and administer a permit
program, as set forth in 70.9(b) of this part (whether such
costs are incurred by the permitting authority or other State or
local agencies that do not issue permits directly, but that
support permit issuance or administration).
Permit revision means [any permit modification or
administrative permit amendment.] EITHER OF THE FOLLOWING:
(1) REVISION TO ANY TERM(S) OR CONDITION(S) OF A PART 70
PERMIT, AS REQUIRED BY 70.7(D)(1) OF THIS PART; OR
(2) AMENDMENTS TO ANY TERM(S) OR CONDITION(S) OF A PART 70
PERMIT INITIATED BY THE PERMITTEE OR PERMITTING AUTHORITY, WHERE
ELIGIBLE FOR INCORPORATION AS AN ADMINISTRATIVE AMENDMENT UNDER
70.7(E)(1) OF THIS PART.
Permitting authority means either of the following:
(1) The Administrator, in the case of EPA-implemented
programs; or
(2) The State air pollution control agency, local agency,
other State agency, or other agency authorized by the
Administrator to carry out a permit program under this part.
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 ]APPROPRIATE AIR
POLLUTION CONTROL AGENCY. 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 OR PROPOSED PERMIT REVISION means the
version of a permit OR PERMIT REVISION that the permitting
authority proposes to issue and forwards to the Administrator for
review in compliance with 70.8 of this part.
Regulated air pollutant means the following:
(1) Nitrogen oxides or any volatile organic compounds;
(2) Any pollutant for which a national ambient air quality
standard has been promulgated;
(3) Any pollutant that is subject to any standard
promulgated under section 111 of the Act;
(4) Any Class I or II substance subject to a standard
promulgated under or established by title VI of the Act; or
(5) EXCEPT AS PROVIDED IN PARAGRAPH (6) OF THIS DEFINITION,
A[A]ny pollutant subject to a standard promulgated under section
112 or other requirements established under section 112 of the
Act, including sections 112(g)[,] AND (j)[, and (r)] of the Act,
including the following:
(i) Any pollutant subject to requirements under section
112(j) of the Act. If the Administrator fails to promulgate a
standard by the date established pursuant to section 112(e) of
the Act, any pollutant for which a subject source would be major
shall be considered to be regulated on the date 18 months after
the applicable date established pursuant to section 112(e) of the
Act; and
(ii) Any pollutant for which the requirements of section
112(g)(2) of the Act have been met, but only with respect to the
individual source subject to the section 112(g)(2) requirement.
(6) NOTWITHSTANDING PARAGRAPH (5) OF THIS DEFINITION, A
POLLUTANT SHALL NOT BE CLASSIFIED AS A REGULATED AIR POLLUTANT
SOLELY BECAUSE IT IS SUBJECT TO STANDARDS OR REQUIREMENTS
PROMULGATED PURSUANT TO SECTION 112(R) OF THE ACT.
Regulated pollutant (for presumptive fee calculation), which
is used only for purposes of 70.9(b)(2) of this part, means any
"regulated air pollutant" except the following:
(1) Carbon monoxide; OR
(2) Any pollutant that is a regulated air pollutant solely
because it is a Class I or II substance subject to a standard
promulgated under or established by title VI of the Act[; or
(3) Any pollutant that is a regulated air pollutant solely
because it is subject to a standard or regulation under section
112(r) of the Act.]
Renewal means the process by which a permit is reissued at
the end of its term.
RESEARCH AND DEVELOPMENT ACTIVITIES MEANS ACTIVITIES: (1)
OPERATED UNDER THE CLOSE SUPERVISION OF TECHNICALLY TRAINED
PERSONNEL; (2) CONDUCTED FOR THE PRIMARY PURPOSE OF THEORETICAL
RESEARCH OR RESEARCH AND DEVELOPMENT INTO NEW OR IMPROVED
PROCESSES AND PRODUCTS; (3) THAT DO NOT MANUFACTURE MORE THAN DE
MINIMIS AMOUNTS OF COMMERCIAL PRODUCTS; AND (4) THAT DO NOT
CONTRIBUTE TO THE MANUFACTURE OF COMMERCIAL PRODUCTS BY
COLLOCATED SOURCES IN MORE THAN A DE MINIMIS MANNER.
Responsible official means one of the following:
(1) 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:
(i) the facilities employ more than 250 persons or have
gross annual sales or expenditures exceeding $25 million (in
second quarter l980 dollars); or
(ii) the delegation of authority to such representative is
approved in advance by the permitting authority;
(2) For a partnership or sole proprietorship: a general
partner or the proprietor, respectively;
(3) For a municipality, State, Federal, or other public
agency: either a principal executive officer or ranking elected
official. For the purposes of this part, 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
(4) For affected sources:
(i) The designated representative [in so far as] FOR ALL
actions, standards, requirements, or prohibitions under title IV
of the Act or the regulations promulgated thereunder ]are
concerned; and] ;OR
(ii) The designated representative OR A PERSON MEETING THE
PROVISIONS OF (1), (2), OR (3) OF THIS DEFINITION for any other
purposes under part 70.
[Section 502(b)(10) changes are changes that contravene an
express permit term. Such changes do not include changes that
would violate applicable requirements or contravene federally
enforceable permit terms and conditions that are monitoring
(including test methods), recordkeeping, reporting, or compliance
certification requirements.]
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. UNLESS OTHERWISE INDICATED,
REFERENCES TO "STATE" AND "GOVERNOR" SHALL INCLUDE, AS
APPROPRIATE, "TRIBAL," "INDIAN TRIBES," AND "INDIAN GOVERNING
BODIES."
Stationary source means any building, structure, facility,
or installation that emits or may emit any regulated air
pollutant or any pollutant listed under section 112(b) of the
Act.
TITLE I MODIFICATION OR MODIFICATION UNDER ANY PROVISION OF
TITLE I OF THE ACT MEANS ANY MODIFICATION UNDER PARTS C AND D OF
TITLE I OR SECTIONS 111(A)(4), 112(A)(5), OR 112(G) OF THE ACT;
UNDER REGULATIONS PROMULGATED BY EPA THEREUNDER OR IN 61.07 OF
PART 61 OF THIS CHAPTER; OR UNDER STATE REGULATIONS APPROVED BY
EPA TO MEET SUCH REQUIREMENTS.
Whole program means a part 70 permit program, or any
combination of partial programs, that meet all the requirements
of these regulations and cover all the part 70 sources in the
entire State. For the purposes of this definition, the term
"State" does not include local permitting authorities, but refers
only to the entire State, Commonwealth, or Territory.
70.3 Applicability.
(a) Part 70 sources. A State program with whole or partial
approval under this part must provide for permitting of at least
the following sources:
(1) Any major source, EXCEPT THAT A SOURCE IS NOT REQUIRED
TO OBTAIN A PERMIT IF IT WOULD BE CLASSIFIED AS A MAJOR SOURCE
SOLELY BECAUSE IT HAS THE POTENTIAL TO EMIT MAJOR AMOUNTS OF A
POLLUTANT LISTED PURSUANT TO SECTION 112(R)(3) OF THE ACT AND IS
NOT OTHERWISE REQUIRED TO OBTAIN A PERMIT UNDER THIS PART;
(2) Any source, including an area source (I.E., A NONMAJOR
SOURCE), subject to a standard, limitation, or other requirement
under section 111 of the Act;
(3) Any source, including an area source (I.E., A NONMAJOR
SOURCE), subject to a standard or other requirement under section
112 of the Act, except that a source is not required to obtain a
permit solely because it is subject to regulations or
requirements under section 112(r) of this Act;
(4) ANY SOURCE REQUIRED TO HAVE A PERMIT UNDER PARTS C OR D
OF TITLE I OF THE ACT,
[(4)](5) Any affected source; and
[(5)] (6) Any source in a source category designated by the
Administrator pursuant to this section.
(b) Source category exemptions.
(1) All sources listed in paragraph (a) of this section
that are not major sources, affected sources, or solid waste
incineration units required to obtain a permit pursuant to
section 129(e) of the Act, may be exempted by the State 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 and the
appropriateness of any permanent exemptions in addition to those
provided for in paragraph (b)(4) of this section.
(2) In the case of nonmajor sources subject to a standard
or other requirement under either section 111 or section 112 of
the Act after [date of promulgation], the Administrator will
determine whether to exempt any or all such applicable sources
from the requirement to obtain a part 70 permit at the time that
the new standard is promulgated.
(3) Any source listed in paragraph (a) of this section
exempt from the requirement to obtain a permit under this
section may opt to apply for a permit under a part 70 program.
(4) Unless otherwise required by the State to obtain a part
70 permit, the following source categories are exempted from the
obligation to obtain a part 70 permit:
(i) All sources and source categories that would be
required to obtain a permit solely because they are subject to
part 60, Subpart AAA - Standards of Performance for New
Residential Wood Heaters; and
(ii) All sources and source categories that would be
required to obtain a permit solely because they are subject to
part 61, Subpart M - National Emission Standard for Hazardous Air
Pollutants for Asbestos, section 6l.145, Standard for Demolition
and Renovation.
(c) Emissions units and part 70 sources.
(1) For major sources, the permitting authority shall
include in the permit all applicable requirements for all
relevant emissions units in the major source.
(2) For any nonmajor source subject to the part 70 program
under paragraphs (a) or (b) of this section, the permitting
authority shall include in the permit all applicable requirements
applicable to emissions units that cause the source to be subject
to the part 70 program.
(d) Fugitive emissions. 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.
70.4 State AND TRIBAL program submittals and transition.
ELIGIBLE INDIAN TRIBES MAY ADMINISTER PROGRAMS MEETING THE
REQUIREMENTS OF THIS SECTION.
(a) Date for submittal. Not later than November 15, 1993,
the Governor of each State (INCLUDING INDIAN TRIBES) shall submit
to the Administrator for approval a proposed part 70 program,
under State law or under an interstate compact, meeting the
requirements of this part. [If part 70 is subsequently revised
such that the Administrator determines that it is necessary to
require a change to an approved State program, the required
revisions to the program shall be submitted within 12 months of
the final changes to part 70 or within such other period as
authorized by the Administrator. ] INDIAN TRIBES ARE NOT REQUIRED
TO SUBMIT PART 70 PROGRAMS TO EPA FOR APPROVAL, BUT MAY ELECT TO
DO SO.
(b) Elements of the initial program submission. Any State
that seeks to administer a program under this part shall submit
to the Administrator a letter of submittal from the Governor or
his or her designee requesting EPA approval of the program and at
least three copies of a program submission. The submission shall
contain the following:
(1) A complete program description describing how the State
intends to carry out its responsibilities under this part.
(2) The regulations that comprise the permitting program,
reasonably available evidence of their procedurally correct
adoption, (including any notice of public comment and any
significant comments received on the proposed part 70 program as
requested by the Administrator), and copies of all applicable
State or local statutes and regulations including those governing
State administrative procedures that either authorize the part 70
program or restrict its implementation. The State shall include
with the regulations any criteria used to determine insignificant
activities or emission levels for purposes of determining
complete applications consistent with 70.5(c) of this part.
(3) A legal opinion from the Attorney General for the
State, THE TRIBAL ATTORNEY,or the attorney for those State,
local, or interstate air pollution control agencies that have
independent legal counsel, stating that the laws of the State,
locality, or interstate compact provide adequate authority to
carry out all aspects of the program. This statement shall
include citations to the specific statutes, administrative
regulations, and, where appropriate, judicial decisions that
demonstrate adequate authority. State statutes and regulations
cited by the State Attorney General, TRIBAL ATTORNEY, or
independent legal counsel shall be in the form of lawfully
adopted State statutes and regulations at the time the statement
is signed and shall be fully effective by the time the program is
approved. To qualify as "independent legal counsel," the
attorney signing the statement required by this section shall
have full authority to independently represent the State agency
in court on all matters pertaining to the State program. The
legal opinion shall also include a demonstration of adequate
legal authority to carry out the requirements of this part,
including authority to carry out each of the following:
(i) Issue permits and assure compliance with each
applicable requirement and requirement of this part by all part
70 sources.
(ii) Incorporate monitoring, recordkeeping, reporting, and
compliance certification requirements into part 70 permits
consistent with 70.6 of this part.
(iii) Issue permits for a fixed term of 5 years in the case
of permits with acid rain provisions and issue all other permits
for a period not to exceed 5 years, except for permits issued for
solid waste incineration units combusting municipal waste subject
to standards under section 129(e) of the Act.
(iv) 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 12 years and review
such permits at least every 5 years. No permit for a solid waste
incineration unit may be issued by an agency, instrumentality or
person that is also responsible, in whole or in part, for the
design and construction or operation of the unit.
(v) Incorporate into permits all applicable requirements
and requirements of this part.
(vi) Terminate, modify, or revoke and reissue permits for
cause.
(vii) Enforce permits, permit fee requirements, and the
requirement to obtain a permit, as specified in 70.11 of this
part.
(viii) Make available to the public any permit application,
compliance plan, permit, and monitoring and compliance
certification report pursuant to section 503(e) of the Act,
except for information entitled to confidential treatment
pursuant to section 114(c) of the Act. The contents of a part 70
permit shall not be entitled to protection under section 114(c)
of the Act.
(ix) Not issue a permit if the Administrator timely objects
to its issuance pursuant to 70.8(c) of this part or, if the
permit has not already been issued, to 70.8(d) of this part.
(x) Provide an opportunity for judicial review in State OR
TRIBAL court of the final permit action by the applicant, any
person who participated in the APPLICABLE public participation
process provided pursuant to 70.7[(h)] of this part, and any
other person who could obtain judicial review of such actions
under State OR TRIBAL laws.
(xi) Provide that, solely for the purposes of obtaining
judicial review in State OR TRIBAL court for failure to take
final action, final permit action shall include the failure of
the permitting authority to take final action on an application
for a permit, permit renewal, or permit revision within the time
specified in the State program. [If the State program allows
sources to make changes subject to post hoc review [as set forth
in 70.7(e)(2) and (3) of this part], the permitting authority's
failure to take final action within 90 days of receipt of an
application requesting minor permit modification procedures (or
180 days for modifications subject to group processing
requirements) must be subject to judicial review in State or
Tribal court.]
(xii) Provide that the opportunity for judicial review
described in paragraph (b)(3)(x) of this section shall be the
exclusive means for obtaining judicial review of the terms and
conditions of permits, and require that such petitions for
judicial review must be filed no later than [90] 125 days after
the final permit action, or such shorter time as the State shall
designate. Notwithstanding the preceding requirement, petitions
for judicial review of final permit actions can be filed after
the deadline designated by the State, only if they are based
solely on grounds arising after the deadline for judicial review.
Such petitions shall be filed no later than [90] 125 days after
the new grounds for review arise or such shorter time as the
State shall designate. If the final permit action being
challenged is the permitting authority's failure to take final
action, a petition for judicial review may be filed any time
before the permitting authority denies the permit or issues the
final permit.
(xiii) Ensure that the authority of the State/local
permitting Agency is not used to modify the acid rain program
requirements.
(4) Relevant permit[ting] program documentation not
contained in the State regulations, including the following:
(i) Copies of the permit form(s), application form(s), and
reporting form(s) the State intends to employ in its program; and
(ii) Relevant guidance issued by the State to assist in the
implementation of its permitting program, including criteria for
monitoring source compliance (e.g., inspection strategies).
(5) A complete description of the State's compliance
tracking and enforcement program or reference to any agreement
the State has with EPA that provides this information.
(6) A showing of adequate authority and procedures to
determine within 60 days of receipt whether applications
(including renewal applications) are complete, to request such
other information as needed to process the application, and to
take final action on complete applications within 18 months of
the date of their submittal, except for initial permit
applications, for which the permitting authority may take up to 3
years, OR UP TO 5 YEARS FOR TRIBAL PROGRAMS, from the effective
date of the program to take final action on the application, as
provided for in the transition plan.
(7) A demonstration, consistent with 70.9 of this part,
that the permit fees required by the State program are sufficient
to cover permit program costs.
(8) A statement that adequate personnel and funding have
been made available to develop, administer, and enforce the
program. This statement shall include the following:
(i) A description in narrative form of the scope,
structure, coverage, and processes of the State program.
(ii) A description of the organization and structure of the
agency or agencies that will have responsibility for
administering the program, including the information specified in
this paragraph. If more than one agency is responsible for
administration of a program, the responsibilities of each agency
must be delineated, their procedures for coordination must be set
forth, and an agency shall be designated as a "lead agency" to
facilitate communications between EPA and the other agencies
having program responsibility.
(iii) A description of the agency staff who will carry out
the State program, including the number, occupation, and general
duties of the employees. The State need not submit complete job
descriptions for every employee carrying out the State program.
(iv) A description of applicable State procedures,
including permitting procedures and any State administrative or
judicial review procedures.
(v) An estimate of the permit program costs for the first 4
years after approval, and a description of how the State plans to
cover those costs.
(9) A commitment from the State to submit, at least
annually to the Administrator, information regarding the State's
enforcement activities including, but not limited to, the number
of criminal and civil, judicial and administrative enforcement
actions either commenced or concluded; the penalties, fines, and
sentences obtained in those actions; and the number of
administrative orders issued.
(10) A requirement under State law that, if a timely and
complete application for a permit renewal is submitted,
consistent with 70.5(a)(2) of this part, but the State has
failed to issue or deny the renewal permit before the end of the
term of the previous permit, then:
(i) The permit shall not expire until the renewal permit
has been issued or denied and any permit shield that may be
granted pursuant to 70.6(f) of this part may extend beyond the
original permit term until renewal; or
(ii) All the terms and conditions of the permit including
any permit shield that may be granted pursuant to 70.6(f) of
this part shall remain in effect until the renewal permit has
been issued or denied.
(11) A transition plan providing a schedule for submittal
and final action on initial permit applications for all part 70
sources. This plan shall provide that:
(i) Submittal of permit applications by all part 70 sources
(including any sources subject to a partial or interim program)
shall occur within 1 year after the effective date of the permit
program;
(ii) Final action shall be taken on at least one-third of
such applications annually over a period not to exceed 3 years
after such effective date, EXCEPT FOR TRIBAL PROGRAMS FOR WHICH
THE TRANSITION PERIOD WILL BE FOR A PERIOD AGREED UPON JOINTLY BY
THE TRIBE AND THE APPROPRIATE EPA REGIONAL OFFICE NOT TO EXCEED 5
YEARS;
(iii) Any complete permit application containing an early
reduction demonstration under section 112(i)(5) of the Act shall
be acted on within [9] 12 months of receipt of the complete
application; and
(iv) Submittal of permit applications and the permitting of
affected sources shall occur in accordance with the deadlines in
title IV of the Act and the regulations promulgated thereunder.
(12) Provisions, INCLUDING PROVISIONS consistent with
paragraphs (b)(12)(i) [through] AND ([i]ii) of this section to
allow changes within a permitted facility without requiring a
permit revision, if the changes are not modifications under any
provision of title I of the Act and the changes do not exceed the
emissions allowable under the permit (whether expressed therein
as a rate of emissions or in terms of total emissions): Provided
that the facility provides the Administrator and the permitting
authority with written notification as required below in advance
of the proposed changes, which shall be a minimum of 7 days,
unless the permitting authority provides in its regulations a
different time frame for emergencies. SUCH CHANGES SHALL NOT
CONTRAVENE OR OTHERWISE VIOLATE TERMS OF THE PERMIT OR ANY
APPLICABLE REQUIREMENT. THE PERMIT SHIELD DESCRIBED IN 70.6(F)
OF THIS PART SHALL NOT EXTEND TO ANY CHANGE MADE UNDER THIS
PARAGRAPH (B)(12), EXCEPT AS PROVIDED UNDER PARAGRAPH
(B)(12)(I)(B) OF THIS SECTION. The source, permitting authority,
and EPA shall attach each such notice to their copy of the
relevant permit. The following provisions implement this
requirement of an approvable part 70 permit program:
[(i) The program shall allow permitted sources to make
section 502(b)(10) changes without requiring a permit revision,
if the changes are not modifications under any provision of title
I of the Act and the changes do not exceed the emissions
allowable under the permit (whether expressed therein as a rate
of emissions or in terms of total emissions).
(A) For each such change, the written notification required
above shall include a brief description of the change within the
permitted facility, the date on which the change will occur, any
change in emissions, and any permit term or condition that is no
longer applicable as a result of the change.
(B) The permit shield described in 70.6(f) of this part
shall not apply to any change made pursuant to this paragraph
(12)(i).]
(ii) TRADING UNDER THE IMPLEMENTATION PLAN. The program
may provide for permitted sources to trade increases and
decreases in emissions in the permitted facility, where the
applicable implementation plan provides for such emissions trades
without requiring a permit revision and based on the 7-day notice
prescribed in this paragraph (b)(12)(ii). This provision is
available in those cases where the permit does not already
provide for such emissions trading PROVIDED THE PERMIT IDENTIFIES
WHICH PERMIT TERMS MAY BE REPLACED WITH THE EMISSIONS TRADING
PROVISIONS IN THE IMPLEMENTATION PLAN.
(A) Under this paragraph (b)(12)(ii), the written
notification required above shall include such information as may
be required by the provision in the applicable implementation
plan authorizing the emissions trade, including at a minimum,
when the proposed change will occur, a description of each such
change, any change in emissions, the permit requirements with
which the source will comply using the emissions trading
provisions of the applicable implementation plan, and the
pollutants emitted subject to the emissions trade. The notice
shall also refer to the provisions with which the source will
comply in the applicable implementation plan and that provide for
the emissions trade.
(B) The permit shield described in 70.6(f) of this part
shall not extend to any change made under this paragraph
(b)(12)(ii). Compliance with the permit requirements that the
source will meet using the emissions trade shall be determined
according to requirements of the applicable implementation plan
authorizing the emissions trade.
[(iii) ](i) TRADING UNDER PERMITTED EMISSIONS CAPS. THE
PROGRAM SHALL REQUIRE THE PERMITTING AUTHORITY TO INCLUDE IN A
PERMIT AN EMISSIONS CAP, PURSUANT TO A REQUEST SUBMITTED BY THE
APPLICANT, CONSISTENT WITH ANY SPECIFIC EMISSIONS LIMITS OR
RESTRICTIONS OTHERWISE REQUIRED IN THE PERMIT BY ANY APPLICABLE
REQUIREMENTS, AND PERMIT TERMS AND CONDITIONS FOR EMISSIONS
TRADING SOLELY FOR THE PURPOSES OF COMPLYING WITH THAT CAP,
PROVIDED THAT THE PERMITTING AUTHORITY FINDS THAT THE REQUEST
CONTAINS ADEQUATE TERMS AND CONDITIONS, INCLUDING ALL TERMS
REQUIRED UNDER 70.6(A) AND (C) OF THIS PART, TO DETERMINE
COMPLIANCE WITH THE CAP AND WITH ANY EMISSIONS TRADING
PROVISIONS. THE PERMIT SHALL ALSO CONTAIN TERMS AND CONDITIONS
TO ASSURE COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS. [, if a
permit applicant requests it, to issue permits that contain terms
and conditions, including all terms required under 70.6(a) and
(c) of this part to determine compliance, allowing for the
trading of emissions increases and decreases in the permitted
facility solely for the purpose of complying with a federally-enforceable emissions cap that is
established in the permit
independent of otherwise applicable requirements.] The permit
applicant shall include in its application proposed replicable
procedures and permit terms that ensure the emissions CAP IS
ENFORCEABLE AND trades PURSUANT TO IT are quantifiable and
enforceable. ANY PERMIT TERMS AND CONDITIONS ESTABLISHING SUCH A
CAP OR ALLOWING SUCH TRADING MAY BE ESTABLISHED ONLY IN
PROCEDURES FOR PERMIT ISSUANCE, RENEWAL, OR PERMIT REVISION
PURSUANT TO 70.7(g). The permitting authority shall not be
required to include in the CAP OR emissions trading provisions
any emissions units WHERE THE PERMITTING AUTHORITY DETERMINES
THAT THE [for which] emissions are not quantifiable or WHERE IT
DETERMINES THAT THERE [for which there] are no replicable
procedures OR PRACTICAL MEANS to enforce the CAP. [emissions
trades. The permit shall also require compliance with all
applicable requirements.]
(A) Under this paragraph (b)(12)(i[ii)] of this section,
the written notification required BY PARAGRAPH (b)(12) OF THIS
SECTION [above] shall state when the change will occur and shall
describe HOW INCREASES AND DECREASES [the changes] in emissions
[that will result and how these increases and decreases in
emissions] will comply with the terms and conditions of the
permit.
(B) The permit shield described in 70.6(f) of this part
may extend to terms and conditions that allow such increases and
decreases in emissions.
(13) Provisions for adequate, streamlined, and reasonable
procedures for expeditious review of permit revisions [or
modifications.] The program may meet this requirement by using
procedures that meet the requirements of 70.7[(e)] of this part
or that are substantially equivalent to those provided therein
[in 70.7(e) of this part.
(14) If a State allows changes that are not addressed or
prohibited by the permit, other than those described in paragraph
(b)(15) of this section, to be made without a permit revision,
provisions meeting the requirements of (i) through (iii) of this
paragraph. Although a State may, as a matter of State law,
prohibit sources from making such changes without a permit
revision, any such prohibition shall not be enforceable by the
Administrator or by citizens under the Act unless the prohibition
is required by an applicable requirement. Any State procedures
implementing such a State law prohibition must include the
requirements of (i) through (iii) of this paragraph.
(i) Each such change shall meet all applicable requirements
and shall not violate any existing permit term or condition.
(ii) Sources must provide contemporaneous written notice to
the permitting authority and EPA of each such change, except for
changes that qualify as insignificant under the provisions
adopted pursuant to 70.5(c) of this part. Such written notice
shall describe each such change, including the date, any change
in emissions, pollutants emitted, and any applicable requirement
that would apply as a result of the change.
(iii) The change shall not qualify for the shield under
70.6(f) of this part.
(iv) The permittee shall keep a record describing changes
made at the source that result in emissions of a regulated air
pollutant subject to an applicable requirement, but not otherwise
regulated under the permit, and the emissions resulting from
those changes.
(15) Provisions prohibiting sources from making, without a
permit revision, changes that are not addressed or prohibited by
the part 70 permit, if such changes are subject to any
requirements under title IV of the Act or are modifications under
any provision of title I of the Act.
(16)] (14) Provisions requiring the permitting authority to
implement the requirements of 70.6 and 70.7 of this part.
(c) Partial programs.
(1) The EPA may approve a partial program that applies to
all part 70 sources within a limited geographic area (e.g., a
local agency program covering all sources within the agency's
jurisdiction). To be approvable, any partial program must, at a
minimum, ensure compliance with all of the following applicable
requirements, as they apply to the sources covered by the partial
program:
(i) All requirements of title V of the Act and of
part 70;
(ii) All applicable requirements of title IV of the Act and
regulations promulgated thereunder which apply to affected
sources; and
(iii) All applicable requirements of title I of the Act,
including those established under sections 111 and 112 of the
Act.
(2) Any partial permitting program, such as that of a local
air pollution control agency, providing for the issuance of
permits by a permitting authority other than the State, shall be
consistent with all the elements required in paragraphs (b)(1)
through (16) of this section.
(3) Approval of any partial program does not relieve the
State (EXCLUDING INDIAN TRIBES) from its obligation to submit a
whole program or from application of any sanctions for failure to
submit a fully-approvable whole program.
(4) Any partial program may obtain interim approval under
paragraph (d) of this section if it substantially meets the
requirements of this paragraph (c).
(d) Interim approval.
(1) If a program (including a partial permit program BUT
NOT INCLUDING TRIBAL PROGRAMS) submitted under this part
substantially meets the requirements of this part, but is not
fully approvable, the Administrator may by rule grant the program
interim approval.
(2) Interim approval shall expire on a date set by the
Administrator (but not later than 2 years after such approval),
and may not be renewed. Sources shall become subject to the
program according to the schedule approved in the State program.
Permits granted under an interim approval shall BE FULLY
EFFECTIVE AND expire at the end of their fixed term, unless
renewed under a part 70 program.
(3) The EPA may grant interim approval to any program if it
meets each of the following minimum requirements and otherwise
substantially meets the requirements of this part:
(i) Adequate fees. The program must provide for collecting
permit fees adequate for it to meet the requirements of 70.9 of
this part.
(ii) Applicable requirements.
(A) The program must provide for adequate authority to
issue permits that assure compliance with the requirements of
paragraph (c)(1) of this section for those major sources covered
by the program.
(B) Notwithstanding paragraph (d)(3)(ii)(A) of this
section, where a State or local permitting authority lacks
adequate authority to issue or revise permits that assure
compliance with applicable requirements established exclusively
through an EPA-approved minor NSR program, EPA may grant interim
approval to the program upon a showing by the permitting
authority of compelling reasons which support the interim
approval.
(C) Any part 70 permit issued during an interim approval
granted under paragraph (d)(3)(ii)(B) of this section that does
not incorporate minor NSR requirements shall:
(1) Note this fact in the permit;
(2) Indicate how citizens may obtain access to excluded
minor NSR permits;
(3) Provide a cross reference, such as a listing of the
permit number, for each minor NSR permit containing an excluded
minor NSR term; and
(4) State that the minor NSR requirements which are
excluded are not eligible for the permit shield under 70.6(f).
(D) A program receiving interim approval for the reason
specified in (d)(3)(ii)(B) of this section must, upon or before
granting of full approval, institute proceedings to reopen part
70 permits to incorporate excluded minor NSR permits as terms of
the part 70 permits, as required by 70.7(f)(1)(iv). Such
reopening need not follow full permit issuance procedures nor the
notice requirement of 70.7(f)(3), but may instead follow the
permit revision procedure in effect under the State's approved
part 70 program for incorporation of minor NSR permits.
(iii) Fixed term. The program must provide for fixed
permit terms, consistent with paragraph (b)(3)(iii) and (iv) of
this section.
(iv) Public participation. The program must provide for
adequate public notice of and an opportunity for public
PARTICIPATION [comment and a hearing ]on draft permits,
REOPENINGS FOR CAUSE, and revisions[, except for modifications
qualifying for minor permit modification procedures under] AS
REQUIRED BY 70.7[(e)] of this part.
(v) EPA and affected State review. The program must allow
EPA an opportunity to review each proposed permit, including
permit revisions, and to object to its issuance consistent with
70.8(c) of this part. The program must provide for affected
State review consistent with 70.8(b) of this part.
(vi) Permit issuance. The program must provide that the
proposed permit will not be issued if EPA objects to its
issuance.
(vii) Enforcement. The program must contain authority to
enforce permits, including the authority to assess penalties
against sources that do not comply with their permits or with the
requirement to obtain a permit.
(viii) Operational flexibility. The program must allow
changes within a permitted facility without requiring a permit
revision, if the changes are not modifications under any
provision of title I of the Act and the changes do not exceed the
emissions allowable under the permit, consistent with paragraph
(b)(12).
(ix) Streamlined procedures. The program must provide for
streamlined procedures for issuing and revising permits and
determining expeditiously after receipt of a permit application
or application for a permit revision whether such application is
complete.
(x) Permit application. The program submittal must include
copies of the permit application and reporting form(s) that the
State will use in implementing the interim program.
(xi) Alternative scenarios. The program submittal must
include provisions to insure that alternate scenarios requested
by the source are included in the part 70 permit pursuant to
70.6(a)(9) of this part.
(e) EPA review of permit program submittals. Within 1 year
after receiving a program submittal, the Administrator shall
approve or disapprove the program, in whole or in part, by
publishing a notice in the FEDERAL REGISTER. Prior to such
notice, the Administrator shall provide an opportunity for public
comment on such approval or disapproval. Any EPA action
disapproving a program, in whole or in part, shall include a
statement of the revisions or modifications necessary to obtain
full approval. The Administrator shall approve State programs
that conform to the requirements of this part.
(1) Within 60 days of receipt by EPA of a State program
submission, EPA will notify the State whether its submission is
complete enough to warrant review by EPA for either full,
partial, or interim approval, EXCEPT THAT NO TRIBAL PROGRAM WILL
BE CONSIDERED FOR INTERIM APPROVAL. If EPA finds that a State's
submission is complete, the 1-year review period (i.e., the
period of time allotted for formal EPA review of a proposed State
program) shall be deemed to have begun on the date of receipt of
the State's submission. If EPA finds that a State's submission
is incomplete, the 1-year review period shall not begin until all
the necessary information is received by EPA.
(2) If the State's submission is materially changed during
the 1-year review period, the Administrator may extend the review
period for no more than 1 year following receipt of the revised
submission.
(3) In any notice granting interim or partial approval, the
Administrator shall specify the changes or additions that must be
made before the program can receive full approval and the
conditions for implementation of the program until that time. IN
DETERMINING IF PROGRAM CHANGES OR ADDITIONS SUBMITTED AS A RESULT
OF INTERIM APPROVAL ARE ADEQUATE FOR THE PROGRAM TO BE GRANTED
FULL APPROVAL, EPA WILL REVIEW THE SUBMITTED CHANGES OR ADDITIONS
ON THE BASIS OF THE CRITERIA IN PART 70 AS IN EFFECT AT THE TIME
INTERIM APPROVAL WAS GRANTED. IF PART 70 HAS BEEN REVISED SINCE
INTERIM APPROVAL WAS GRANTED, THE STATE MAY, AT ITS OPTION, BASE
SOME OR ALL OF THE CHANGES OR ADDITIONS SUBMITTED AS A RESULT OF
INTERIM APPROVAL ON THE LATEST REVISED VERSION OF PART 70, AND
THE ADMINISTRATOR WILL CONSIDER SUCH PROGRAM REVISIONS AS
APPROPRIATE CORRECTIONS FOR PURPOSES OF GRANTING FULL APPROVAL.
(f) State response to EPA review of program.
(1) Disapproval. The State (EXCLUDING INDIAN TRIBES) shall
submit to EPA program revisions or modifications required by the
Administrator's action disapproving the program, or any part
thereof, within 180 days of receiving notification of the
disapproval.
(2) Interim approval. The State (EXCLUDING INDIAN TRIBES)
shall submit to EPA changes to the program addressing the
deficiencies specified in the interim approval no later than 6
months prior to the expiration of the interim approval.
(g) Effective date. The effective date of a part 70
program, including any partial or interim program approved under
this part, shall be the effective date of approval by the
Administrator.
(h) Individual permit transition. Upon approval of a State
program, the Administrator shall suspend the issuance of Federal
permits for those activities subject to the approved State
program, except that the Administrator will continue to issue
phase I acid rain permits AND, TO THE EXTENT PROVIDED IN
REGULATIONS PROMULGATED PURSUANT TO TITLE IV OF THE ACT, WILL
ISSUE PHASE II ACID RAIN PERMITS. After program approval, EPA
shall retain jurisdiction over any permit (including any general
permit) that it has issued unless arrangements have been made
with the State to assume responsibility for these permits. Where
EPA retains jurisdiction, it will continue to process permit
appeals and [modification] REVISION requests, to conduct
inspections, and to receive and review monitoring reports. If
any permit appeal or [modification] REVISION request is not
finally resolved when the federally-issued permit expires, EPA
may, with the consent of the State, retain jurisdiction until the
matter is resolved. Upon request by a State, the Administrator
may delegate authority to implement all or part of a permit
issued by EPA, if a part 70 program has been approved for the
State. The delegation may include authorization for the State to
collect appropriate fees, consistent with 70.9 of this part.
(i) Program revisions. Either EPA or a State with an
approved program may initiate a program revision. Program
revision may be necessary when the relevant Federal or State
statutes or regulations, INCLUDING PART 70, are REVISED,
modified, or supplemented. UNTIL SUCH TIME AS THE STATE REVISES
ITS PROGRAM, WITHIN THE TIMEFRAMES OF PARAGRAPH (I)(1) OF THIS
SECTION, AND EPA APPROVES THE REVISIONS INTO THE PROGRAM, THE
VERSION OF THE RELEVANT FEDERAL OR STATE STATUTES OR REGULATIONS
PRIOR TO BEING REVISED, MODIFIED, OR SUPPLEMENTED SHALL GOVERN
THE PROGRAM. The State shall keep EPA apprised of any proposed
modifications to its basic statutory or regulatory authority or
procedures. [(1) ] If the Administrator determines pursuant to
70.10 of this part that a State is not adequately administering
the requirements of this part, or that the State's permit program
is inadequate in any other way, the State shall revise the
program or its means of implementation to correct the inadequacy.
[The program shall be revised within 180 days, or such other
period as the Administrator may specify, following notification
by the Administrator, or within 2 years if the State demonstrates
that additional legal authority is necessary to make the program
revision. ]
(1) IF THE PROGRAM OR THE MEANS OF IMPLEMENTING IT MUST BE
REVISED, FULLY ADOPTED PROGRAM REVISIONS SHALL BE SUBMITTED TO
THE ADMINISTRATOR IN ACCORDANCE WITH THE FOLLOWING TIMEFRAMES,
WHICH WILL COMMENCE UPON PROMULGATION OF REVISED REQUIREMENTS
UNDER TITLE V OF THE ACT OR UPON A FINDING BY THE ADMINISTRATOR
OF INADEQUATE PROGRAM ADMINISTRATION:
(i) WITHIN 180 DAYS IF NO NEW STATUTORY AUTHORITY OR
REGULATORY REVISIONS ARE NECESSARY;
(ii) WITHIN 12 MONTHS IF NO NEW STATUTORY AUTHORITY IS
NEEDED BUT REGULATORY REVISIONS ARE NECESSARY;
(iii) WITHIN 2 YEARS IF NEW STATUTORY AUTHORITY IS NEEDED;
OR
(iv) NOTWITHSTANDING PARAGRAPHS (I)(1)(I)-(III) OF THIS
SECTION, ANY OTHER TIME PERIOD THAT THE ADMINISTRATOR DETERMINES
IS APPROPRIATE TO ALLOW FOR PROGRAM REVISION.
(2) Revision of a State program shall be accomplished as
follows:
(i) The State shall submit a modified program description,
Attorney General's OR TRIBAL ATTORNEY'S statement, or such other
documents as EPA determines to be necessary.
(ii) After EPA receives a proposed program revision, it
will publish in the FEDERAL REGISTER a public notice summarizing
the proposed change and provide a public comment period of at
least 30 days.
(iii) The Administrator shall approve or disapprove program
revisions based on the requirements of this part and of the Act.
(iv) A program revision shall become effective upon the
approval of the Administrator. Notice of approval of any
substantial revision shall be published in the FEDERAL REGISTER.
Notice of approval of nonsubstantial program revisions may be
given by a letter from the Administrator to the Governor or a
designee.
(v) The Governor of any State with an approved part 70
program shall notify EPA whenever the Governor proposes to
transfer all or part of the program to any other agency, and
shall identify any new division of responsibilities among the
agencies involved. The new agency is not authorized to
administer the program until the revision has been approved by
the Administrator under this paragraph.
(3) Whenever the Administrator has reason to believe that
circumstances have changed with respect to a State program, [he]
THE ADMINISTRATOR may request, and the State shall provide, a
supplemental Attorney General's statement, program description,
or such other documents or information as [he] THE ADMINISTRATOR
determines are necessary.
(j) SAVINGS PROVISION. ANY INITIAL OPERATING PERMITS
PROGRAM DEVELOPED AND SUBMITTED TO THE ADMINISTRATOR FOR
APPROVAL
PRIOR TO [6 MONTHS FROM THE DATE OF PUBLICATION] MUST MEET THE
APPLICABLE CRITERIA CONTAINED IN PART 70 AS IN EFFECT ON JULY 21,
1992 TO RECEIVE EPA APPROVAL. NOTWITHSTANDING THE PRECEDING
SENTENCE, THE ADMINISTRATOR MAY REVIEW PORTIONS OR THE ENTIRETY
OF SUCH PROGRAM SUBMITTALS UPON REQUEST OF THE PERMITTING
AUTHORITY, AND WILL REVIEW THE ENTIRETY OF ALL LATER SUBMITTALS,
ON THE BASIS OF THE CRITERIA IN PART 70 AS IN EFFECT AT THE TIME
OF THE SUBMITTAL.
[(j)] (k) Sharing of information.
(1) Any information obtained or used in the administration
of a State program shall be available to EPA upon request without
restriction and in a form specified by the Administrator,
including computer-readable files to the extent practicable. If
the information has been submitted to the State under a claim of
confidentiality, the State may require the source to submit this
information to the Administrator directly. Where the State
submits information to the Administrator under a claim of
confidentiality, the State shall submit that claim to EPA when
providing information to EPA under this section. Any information
obtained from a State or part 70 source accompanied by a claim of
confidentiality will be treated in accordance with the
regulations in part 2 of this chapter.
(2) The EPA will furnish to States with approved programs
the information in its files that the State needs to implement
its approved program. Any such information submitted to EPA
under a claim of confidentiality will be subject to the
regulations in part 2 of this chapter.
[(k)] (l) Administration and enforcement. Any State
(EXCLUDING INDIAN TRIBES) that fails to adopt a complete,
approvable part 70 program, or that EPA determines is not
adequately administering or enforcing such a program, shall be
subject to certain Federal sanctions as set forth in 70.10 of
this part.
70.5 Permit applications.
(a) Duty to apply. For each part 70 source, the owner or
operator shall submit a timely and complete permit application in
accordance with this section.
(1) Timely application.
(i) A timely application for a source applying for a
part 70 permit for the first time is one that is submitted within
12 months after the source becomes subject to the permit program
or on or before such earlier date as the permitting authority may
establish.
[(ii) Part 70 sources required to meet the requirements
under section 112(g) of the Act, or to have a permit under the
preconstruction review program approved into the applicable
implementation plan under part C or D of title I of the Act,
shall file a complete application to obtain the part 70 permit or
permit revision within 12 months after commencing operation or on
or before such earlier date as the permitting authority may
establish. Where an existing part 70 permit would prohibit such
construction or change in operation, the source must obtain a
permit revision before commencing operation.]
[(iii) ](ii) For purposes of permit renewal, a timely
application is one that is submitted at least 6 months prior to
the date of permit expiration, or such other longer time as may
be approved by the Administrator that ensures that the term of
the permit will not expire before the permit is renewed. In no
event shall this time be greater than 18 months.
[(iv)] (iii) Applications for initial phase II acid rain
permits shall be submitted to the permitting authority by January
1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen
oxides OR BY SUCH OTHER DEADLINES ESTABLISHED UNDER TITLE IV OF
THE ACT AND THE REGULATIONS PROMULGATED THEREUNDER.
(2) Complete application. The program shall provide
criteria and procedures for determining in a timely fashion when
applications are complete. To be [deemed] FOUND complete, an
application must provide all information required pursuant to
paragraph (c) of this section SUFFICIENT TO ALLOW THE PERMITTING
AUTHORITY TO BEGIN PROCESSING THE APPLICATION, except that
applications for permit revision need supply such information
only if it is related to the proposed change. Information
required under paragraph (c) of this section must be sufficient
to evaluate the subject source and its application and to
determine all applicable requirements. The program shall require
that a responsible official certify the submitted information
consistent with paragraph (d) of this section. Unless the
permitting authority determines that an application is not
complete within 60 days of receipt of the application, such
application shall be deemed to be complete[, except as otherwise
provided in 70.7(a)(4) of this part]. If, while processing an
application that has been determined or deemed to be complete,
the permitting authority determines that additional information
is necessary to evaluate or take final action on that
application, it may request such information in writing and set a
reasonable deadline for a response. The source's ability to
operate without a permit, as set forth in 70.7(b) of this part,
shall be in effect from the date the application is determined or
deemed to be complete until the final permit is issued, provided
that the applicant submits any requested additional information
by the deadline specified by the permitting authority.
(3) Confidential information. In the case where a source
has submitted information to the State under a claim of
confidentiality, the permitting authority may also require the
source to submit a copy of such information directly to the
Administrator.
(b) Duty to supplement or correct application. Any
applicant who fails to submit any relevant facts or who has
submitted incorrect information in a permit application shall,
upon becoming aware of such failure or incorrect submittal,
promptly submit such supplementary facts or corrected
information. In addition, an applicant shall provide additional
information as necessary to address any requirements that become
applicable to the source after the date it filed a complete
application but prior to release of a draft permit.
(c) Standard application form and required information.
The State program under this part shall provide for a standard
application form or forms. Information as described below for
each emissions unit at a part 70 source shall be included in the
application. The Administrator may approve as part of a State
program a list of insignificant activities and emissions levels
which need not be included in permit applications. However, for
insignificant activities which are exempted because of size or
production rate, a list of such insignificant activities must be
included in the application. An application may not omit
information needed to determine the applicability of, or to
impose, any applicable requirement, INCLUDING ANY APPLICABLE
REQUIREMENT THAT APPLIES TO AN INSIGNIFICANT ACTIVITY, or to
evaluate the fee amount required under the schedule approved
pursuant to 70.9 of this part. NO EMISSIONS FROM ANY ACTIVITY
OR EMISSIONS UNIT, INCLUDING INSIGNIFICANT ACTIVITIES OR
INSIGNIFICANT EMISSIONS, MAY BE EXEMPTED WHEN DETERMINING WHETHER
A SOURCE IS MAJOR. The permitting authority may use discretion
in developing application forms that best meet program needs and
administrative efficiency. The forms and attachments chosen,
however, shall include the elements specified below:
(1) Identifying information, including company name and
address (or plant name and address if different from the company
name), owner's name and agent, and telephone number and names of
plant site manager/contact.
(2) A description of the source's processes and products
(by Standard Industrial Classification Code) including any
associated with each alternate scenario identified by the source.
(3) The following emissions-related information:
(i) All emissions of pollutants for which the source is
major, and all emissions of regulated air pollutants. A permit
application shall describe all emissions of regulated air
pollutants emitted from any emissions unit, except where such
units are exempted under this paragraph (c). The permitting
authority shall require additional information related to the
emissions of air pollutants sufficient to verify which
requirements are applicable to the source, and other information
necessary to collect any permit fees owed under the fee schedule
approved pursuant to 70.9(b) of this part.
(ii) Identification and description of all points of
emissions described in paragraph (c)(3)(i) of this section in
sufficient detail to establish the basis for fees and
applicability of requirements of the Act.
(iii) Emissions rates in tpy and in such terms as are
necessary to establish compliance consistent with the applicable
standard reference test method.
(iv) The following information to the extent it is needed
to determine or regulate emissions: fuels, fuel use, raw
materials, production rates, and operating schedules.
(v) Identification and description of air pollution control
equipment and compliance monitoring devices or activities.
(vi) Limitations on source operation affecting emissions or
any work practice standards, where applicable, for all regulated
pollutants at the part 70 source.
(vii) Other information required by any applicable
requirement (including information related to stack height
limitations developed pursuant to section 123 of the Act).
(viii) Calculations on which the information in items (i)
through (vii) above is based.
(4) The following air pollution control requirements:
(i) Citation and description of all applicable
requirements, and
(ii) Description of or reference to any applicable test
method for determining compliance with each applicable
requirement.
(5) Other specific information that may be necessary to
implement and enforce other applicable requirements of the Act or
of this part or to determine the applicability of such
requirements.
(6) An explanation of any proposed exemptions from
otherwise applicable requirements.
(7) Additional information as determined to be necessary by
the permitting authority to define alternative operating
scenarios identified by the source pursuant to 70.6(a)(9) of
this part or to define permit terms and conditions implementing
70.4(b)(12) or 70.6(a)(10) of this part.
(8) IDENTIFICATION OF THOSE EMISSIONS UNITS ELIGIBLE FOR
EMISSIONS TRADING UNDER 70.6(A)(10).
[(8) ](9) A compliance plan for all part 70 sources that
contains all the following:
(i) A description of the compliance status of the source
with respect to all applicable requirements.
(ii) A description as follows:
(A) For applicable requirements with which the source is in
compliance, a statement that the source will continue to comply
with such requirements.
(B) For applicable requirements that will become effective
during the permit term, a statement that the source will meet
such requirements on a timely basis.
(C) For requirements for which the source is not in
compliance at the time of permit issuance, a narrative
description of how the source will achieve compliance with such
requirements.
(iii) A compliance schedule as follows:
(A) For applicable requirements with which the source is in
compliance, a statement that the source will continue to comply
with such requirements.
(B) For applicable requirements that will become effective
during the permit term, a statement that the source will meet
such requirements on a timely basis. A statement that the source
will meet in a timely manner applicable requirements that become
effective during the permit term shall satisfy this provision,
unless a more detailed schedule is expressly required by the
applicable requirement.
(C) A schedule of compliance for sources that are not in
compliance with all applicable requirements at the time of permit
issuance. Such a schedule shall include a schedule of remedial
measures, including an enforceable sequence of actions with
milestones, leading to compliance with any applicable
requirements for which the source will be in noncompliance at the
time of permit issuance. This compliance schedule shall resemble
and be at least as stringent as that contained in any judicial
consent decree or administrative order to which the source is
subject. Any such schedule of compliance shall be supplemental
to, and shall not sanction noncompliance with, the applicable
requirements on which it is based.
(iv) A schedule for submission of certified progress
reports no less frequently than every 6 months for sources
required to have a schedule of compliance to remedy a violation.
(v) The compliance plan content requirements specified in
this paragraph shall apply and be included in the acid rain
portion of a compliance plan for an affected source, except as
specifically superseded by regulations promulgated under title IV
of the Act with regard to the schedule and method(s) the source
will use to achieve compliance with the acid rain emissions
limitations.
[(9)] (10) Requirements for compliance certification,
including the following:
(i) A certification of compliance with all applicable
requirements by a responsible official consistent with paragraph
(d) of this section and section 114(a)(3) of the Act;
(ii) A statement of methods used for determining
compliance, including a description of monitoring, recordkeeping,
and reporting requirements and test methods;
(iii) A schedule for submission of compliance
certifications during the permit term, to be submitted no less
frequently than annually, or more frequently if specified by the
underlying applicable requirement or by the permitting authority;
and
(iv) A statement indicating the source's compliance status
with any applicable enhanced monitoring and compliance
certification requirements of the Act.
[(10)] (11) The use of nationally-standardized forms for
acid rain portions of permit applications and compliance plans,
as required by regulations promulgated under title IV of the Act.
(d) Any application form, report, or compliance
certification submitted pursuant to these regulations shall
contain certification by a responsible official of truth,
accuracy, and completeness. [This certification and any other
certification required under this part shall state that, based on
information and belief formed after reasonable inquiry, the
statements and information in the document are true, accurate,
and complete.] THE RESPONSIBLE OFFICIAL SHALL CERTIFY, BY HIS OR
HER SIGNATURE, THE FOLLOWING STATEMENT: "I CERTIFY UNDER PENALTY
OF LAW THAT THIS DOCUMENT AND ALL ATTACHMENTS WERE PREPARED
UNDER
MY DIRECTION OR SUPERVISION AND IN ACCORDANCE WITH A SYSTEM
DESIGNED TO ASSURE THAT QUALIFIED PERSONNEL PROPERLY GATHER AND
EVALUATE THE INFORMATION SUBMITTED. BASED ON MY INQUIRY OF
THOSE INDIVIDUALS WHO MANAGE THE SYSTEM, OR THOSE INDIVIDUALS
DIRECTLY RESPONSIBLE FOR GATHERING THE INFORMATION, I CERTIFY
THAT THE INFORMATION SUBMITTED IS, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, TRUE, ACCURATE, AND COMPLETE. I AM AWARE THAT THERE
ARE SIGNIFICANT PENALTIES FOR SUBMITTING FALSE STATEMENTS AND
INFORMATION OR OMITTING REQUIRED STATEMENTS AND INFORMATION,
INCLUDING THE POSSIBILITY OF FINE OR IMPRISONMENT FOR KNOWING
VIOLATIONS."
70.6 Permit content.
(a) Standard permit requirements. Each permit issued under
this part shall include the following elements:
(1) Emission limitations and standards, including those
operational requirements and limitations that assure compliance
with all applicable requirements at the time of permit issuance
INCLUDING, FOR MACT STANDARDS WHOSE COMPLIANCE DATE HAS NOT
OCCURRED, PROVISIONS AS DEFINED IN 70.7(e)(1)(iii)(A)-(E) OF
THIS PART.
(i) 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.
(ii) The permit shall state that, where an applicable
requirement of the Act is more stringent than an applicable
requirement of regulations promulgated under title IV of the Act,
both provisions shall be incorporated into the permit and shall
be enforceable by the Administrator.
(iii) 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]
REVISION process, and the State 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.
(iv) WITH RESPECT TO APPLICABLE REQUIREMENTS UNDER SECTION
112(R)(7) OF THE ACT, THE INCLUSION OF PERMIT CONDITIONS IN
ACCORDANCE WITH REGULATIONS PROMULGATED UNDER SECTION 112(R)
SHALL SATISFY THE REQUIREMENTS OF PARAGRAPH (A)(1) OF THIS
SECTION.
(2) Permit duration. The permitting authority 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 permitting
authority 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 12 years and shall
review such permits at least every 5 years.
(3) Monitoring and related recordkeeping and reporting
requirements.
(i) Each permit shall contain the following requirements
with respect to monitoring:
(A) All emissions monitoring and analysis procedures or
test methods required under the applicable requirements,
including any procedures and methods promulgated pursuant to
sections 504(b) or 114(a)(3) of the Act;
(B) Where the applicable requirement does not require
periodic testing or instrumental or noninstrumental 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
paragraph (a)(3)(iii) of this section. 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
(a)(3)(i)(B); and
(C) As necessary, requirements concerning the use,
maintenance, and, where appropriate, installation of monitoring
equipment or methods.
(ii) 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:
(1) The date, place as defined in the permit, and time of
sampling or measurements;
(2) The date(s) analyses were performed;
(3) The company or entity that performed the analyses;
(4) The analytical techniques or methods used;
(5) The results of such analyses; and
(6) 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 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.
(iii) 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 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 70.5(d) of this part.
(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 permitting authority shall define "prompt" in ITS
PART 70 PROGRAM REGULATIONS FOR EACH SITUATION WHICH IS NOT
ALREADY DEFINED IN THE UNDERLYING APPLICABLE REQUIREMENT, AND DO
SO IN relation to the degree and type of deviation likely to
occur and the applicable requirements. UPSET CONDITIONS SHALL BE
DEFINED IN THE PERMIT.
(4) FOR AFFECTED SOURCES, a[A] permit condition prohibiting
[emissions exceeding] ANY AFFECTED UNIT FROM EMITTING SO2 IN
EXCESS OF any allowances that the [source] AFFECTED UNIT lawfully
holds under title IV of the Act or the regulations promulgated
thereunder.
(i) 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.
(ii) No limit shall be placed on the number of allowances
held by the [source] unit. The [source] unit may not, however,
use allowances as a defense to noncompliance with any other
applicable requirement.
(iii) Any such allowance shall be accounted for according
to the procedures established in regulations promulgated under
title IV of the 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:
(i) The permittee must comply with all conditions of the
part 70 permit. Any permit noncompliance constitutes a violation
of the Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or [modification]
REVISION; or for denial of a permit renewal application.
(ii) Need to halt or reduce activity 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.
(iii) 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] REVISION, revocation
and reissuance, or termination, or of a notification of planned
changes or anticipated noncompliance does not stay any permit
condition.
(iv) The permit does not convey any property rights of any
sort, or any exclusive privilege.
(v) The permittee shall furnish to the permitting
authority, within a reasonable time, any information that the
permitting authority 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
permitting authority 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.
(7) A provision to ensure that a part 70 source pays fees
to the permitting authority consistent with the fee schedule
approved pursuant to 70.9 of this part.
(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 APPROVED IN AN IMPLEMENTATION PLAN
OR OTHER APPLICABLE REQUIREMENT AUTHORIZING SUCH CHANGES TO BE
[for changes that are] provided for in the permit AND WHERE THE
PERMIT PROVIDES FOR SUCH CHANGES.
(9) Terms and conditions for reasonably anticipated
alternative operating scenarios, INCLUDING TERMS AND CONDITIONS
RESULTING FROM ADVANCE APPROVALS, identified by the source in its
application as approved by the permitting authority. Such terms
and conditions:
(i) 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;
(ii) May extend the permit shield described in paragraph
(f) of this section to all terms and conditions under each such
operating scenario; and
(iii) Must ensure that the terms and conditions of each
such alternative scenario meet all applicable requirements and
the requirements of this part.
(10) 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] ANY emissions trade.
Such terms and conditions:
(i) Shall include all terms required under 70.6(a) and
(c) of this part to determine compliance;
(ii) May extend the permit shield described in paragraph
(f) of this section to all terms and conditions that allow such
increases and decreases in emissions; and
(iii) Must meet all applicable requirements and
requirements of this part.
(b) Federally-enforceable requirements.
(1) 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.
(2) Notwithstanding paragraph (b)(1) of this section, the
permitting authority 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 70.6,
70.7, or 70.8 of this part, other than those contained in
paragraph (b) of this section.
(c) Compliance requirements. All part 70 permits shall
contain the following elements with respect to compliance:
(1) Consistent with paragraph (a)(3) of this section,
[compliance certification, ]testing, monitoring, RECORDKEEPING,
reporting, and [recordkeeping] COMPLIANCE CERTIFICATION
requirements sufficient to assure compliance with the terms and
conditions of the permit. Any document (including reports)
required TO BE SUBMITTED by a part 70 permit shall contain a
certification by a responsible official that meets the
requirements of 70.5(d) of this part.
(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 permitting
authority or an authorized representative to perform the
following:
(i) 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;
(ii) Have access to and copy, at reasonable times, any
records that must be kept under the conditions of the permit;
(iii) Inspect at reasonable times any facilities, equipment
(including monitoring and air pollution control equipment),
practices, or operations regulated or required under the permit;
and
(iv) 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.
(3) A schedule of compliance consistent with
70.5(c)[(8)](9) of this part.
(4) Progress reports consistent with an applicable schedule
of compliance and 70.5(c)[(8)](9) of this part to be submitted
at least semiannually, or at a more frequent period if specified
in the applicable requirement or by the permitting authority.
Such progress reports shall contain the following:
(i) 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
(ii) 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:
(i) The frequency (not less than annually or such more
frequent periods as specified in the applicable requirement or by
the permitting authority) of submissions of compliance
certifications;
(ii) In accordance with 70.6(a)(3) of this part, a means
for monitoring the compliance of the source with its emissions
limitations, standards, and work practices;
(iii) A requirement that the compliance certification
include the following:
(A) The identification of each term or condition of the
permit that is the basis of the certification;
(B) The compliance status;
(C) Whether compliance was continuous or intermittent;
(D) The method(s) used for determining the compliance
status of the source, currently and over the reporting period
consistent with paragraph (a)(3) of this section; and
(E) Such other facts as the permitting authority may
require to determine the compliance status of the source;
(iv) A requirement that all compliance certifications be
submitted to the Administrator as well as to the permitting
authority; and
(v) Such additional requirements as may be specified
pursuant to sections 114(a)(3) and 504(b) of the Act.
(6) Such other provisions as the permitting authority may
require.
(d) General permits.
(1) The permitting authority may, after notice and
opportunity for public participation provided under 70.7[(h)](k)
of this part, 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 permitting authority shall grant the conditions
and terms of the general permit. Notwithstanding the shield
provisions of paragraph (f) 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 affected sources under the acid rain
program unless otherwise provided in regulations promulgated
under title IV of the Act.
(2) Part 70 sources that would qualify for a general permit
must apply to the permitting authority for coverage under the
terms of the general permit or must apply for a part 70 permit
consistent with 70.5 of this part. The permitting authority
may, in the general permit, provide for applications which
deviate from the requirements of 70.5 of this part, 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
required under 70.7[(h)](k) of this part, the permitting
authority may grant a source's request for authorization to
operate under a general permit, [but]AND such a grant shall [not]
be a final permit action for purposes of judicial review.
(3) THE PERMITTING AUTHORITY SHALL PROVIDE TIMELY NOTICE TO
THE PUBLIC OF ANY AUTHORIZATION GIVEN TO A SOURCE TO OPERATE
UNDER THE TERMS OF A GENERAL PERMIT. SUCH NOTICE MAY BE MADE ON
A MONTHLY, SUMMARIZED BASIS COVERING ALL SOURCES RECEIVING
AUTHORIZATION SINCE THE TIME OF THE LAST NOTICE.
(e) Temporary sources. The permitting authority may issue
a single permit authorizing emissions from similar operations by
the same source owner or operator at multiple temporary
locations. The operation must be temporary and involve at least
one change of location during the term of the permit. No
affected source shall be permitted as a temporary source.
Permits for temporary sources shall include the following:
(1) Conditions that will assure compliance with all
applicable requirements at all authorized locations;
(2) Requirements that the owner or operator notify the
permitting authority at least 10 days in advance of each change
in location; and
(3) Conditions that assure compliance with all other
provisions of this section.
(f) Permit shield.
(1) Except as provided in this part, the permitting
authority may 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:
(i) Such applicable requirements are included and are
specifically identified in the permit; or
(ii) The permitting authority, 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.
(2) A part 70 permit that does not expressly state that a
permit shield exists shall be presumed not to provide such a
shield.
(3) Nothing in this paragraph or in any part 70 permit
shall alter or affect the following:
(i) The provisions of sections 112(r)(9) AND 303 of the Act
(emergency orders), including the authority of the Administrator
under [that] THOSE sectionS;
(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;
(iii) The applicable requirements of the acid rain program,
consistent with section 408(a) of the Act; or
(iv) The ability of EPA to obtain information from a source
pursuant to section 114 of the Act.
(g) Emergency provision.
(1) Definition. An "emergency" means any situation arising
from sudden and reasonably unforeseeable events beyond the
control of the source, including acts of God, which situation
requires immediate corrective action to restore normal operation,
and that causes the source to exceed a technology-based emission
limitation under the permit, due to unavoidable increases in
emissions attributable to the emergency. An emergency shall not
include noncompliance to the extent caused by improperly designed
equipment, lack of preventative maintenance, careless or improper
operation, or operator error.
(2) [Effect of an emergency An emergency constitutes] A
STATE MAY PROVIDE FOR an affirmative defense to AVAILABLE IN an
action brought for noncompliance with [such] technology-based
emission limitations OTHER THAN FEDERALLY-PROMULGATED
REQUIREMENTS. SUCH AN AFFIRMATIVE DEFENSE MAY BE AVAILABLE ONLY
if the conditions of paragraph (g)(3) of this section are met.
(3) The affirmative defense of emergency shall be
demonstrated through properly signed, contemporaneous operating
+logs, or other relevant evidence that:
(i) An emergency occurred and that the permittee can
identify the cause(s) of the emergency;
(ii) The permitted facility was at the time being properly
operated;
(iii) 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
(iv) The permittee submitted notice of the emergency to the
permitting authority within 2 working days of the time when
emission limitations were exceeded due to the emergency. This
notice fulfills the requirement of paragraph (a)(3)(iv)(B) of
this section. This notice must contain a description of the
emergency, any steps taken to mitigate emissions, and corrective
actions taken.
(4) In any enforcement proceeding, the permittee seeking to
establish the occurrence of an emergency has the burden of proof.
(5) This provision is in addition to any emergency or upset
provision contained in any applicable requirement.
70.7 Permit issuance, renewal, reopenings, and revisions.
(a) Action on application.
(1) THE PROGRAM SHALL PROVIDE THAT A [A] permit, permit
[modification] REVISION, or renewal may be issued only if all of
the following conditions have been met:
(i) The permitting authority has received a complete
application for a permit, permit [modification ]REVISION, or
permit renewal, except that a complete application need not be
received before issuance of a general permit under 70.6(d) of
this part;
(ii) [Except for modifications qualifying for minor permit
modification procedures under 70.7(e)(2) and (3) of this part,
t] The permitting authority has complied with the APPLICABLE
requirements for public participation under paragraph (l) [(h)]of
this section;
(iii) The permitting authority has complied with the
requirements for notifying and responding to affected States
under 70.8(b) of this part;
(iv) EXCEPT AS PROVIDED IN PARAGRAPH (a)(7) OF THIS
SECTION, T[The] conditions of the permit provide for compliance
with all applicable requirements and the requirements of this
part; and
(v) EXCEPT FOR THE PROVISIONS OF PARAGRAPH (e) OF THIS
SECTION REGARDING EXPEDITED PERMIT REVISIONS, T[T]he
Administrator has received a copy of the proposed permit and any
notices required under 70.8(a) and 70.8(b) of this part, and
has not objected to issuance of the permit under 70.8(c) of this
part within the time period specified therein.
(2) Except as provided under the initial transition plan
provided for under 70.4(b)(11) of this part or under regulations
promulgated under title IV or title V of the Act for the
permitting of affected sources under the acid rain program, the
program shall provide that the permitting authority take final
action on each permit application (including a request for permit
[modification] REVISION or renewal) within 18 months, or such
lesser time approved by the Administrator, after receiving a
complete application. HOWEVER, THE PROGRAM SHALL PROVIDE THAT
THE PERMITTING AUTHORITY SHALL TAKE FINAL ACTION WITHIN 12 MONTHS
ON ANY COMPLETE PERMIT APPLICATION CONTAINING AN EARLY REDUCTIONS
DEMONSTRATION.
(3) The program shall also contain reasonable procedures to
ensure priority is given to taking action on applications for
construction or modification under title I, parts C and D of the
Act.
(4) FOR PERMIT ISSUANCE AND RENEWALS, THE PROGRAM SHALL
PROVIDE THAT T[T]he permitting authority [shall] promptly
[provide notice to] NOTIFY the applicant of whether the
application is complete. Unless the permitting authority
requests additional information or [otherwise] notifies the
applicant of incompleteness within 60 days of receipt of an
application FOR PERMIT ISSUANCE OR RENEWAL, the application shall
be deemed complete. [For modifications processed through minor
permit modification procedures, such as those in paragraphs
(e)(2) and (3) of this section, the State program need not
require a completeness determination.] FOR SIGNIFICANT, MINOR,
OR DE MINIMIS PERMIT REVISIONS, THE PROGRAM SHALL PROVIDE THAT
THE PERMITTING AUTHORITY PROMPTLY NOTIFY THE APPLICANT IF THE
APPLICATION IS INCOMPLETE.
(5) EXCEPT FOR EXPEDITED PERMIT REVISIONS PROCESSED UNDER
PARAGRAPH (e) OF THIS SECTION, THE PROGRAM SHALL PROVIDE THAT FOR
EACH DRAFT PERMIT T[T]he permitting authority shall provide a
statement that sets forth the legal and factual basis for draft
permit conditions (including references to the applicable
statutory or regulatory provisions). The permitting authority
shall send this statement to EPA and to any other person who
requests it.
(6) The PROGRAM SHALL PROVIDE THAT THE submittal of a
complete application shall not affect the requirement that any
source have a preconstruction permit under title I of the Act.
(7) THE PROGRAM SHALL PROVIDE THAT ANY NEW APPLICABLE
REQUIREMENT APPROVED OR PROMULGATED BY EPA THAT BECOMES
APPLICABLE TO A SOURCE PRIOR TO ISSUANCE OF A DRAFT PERMIT
(WHETHER DURING ISSUANCE OR RENEWAL) SHALL BE INCLUDED IN THE
DRAFT PERMIT. IF ANY NEW APPLICABLE REQUIREMENT BECOMES
APPLICABLE AFTER ISSUANCE OF A DRAFT PERMIT, AND THE REQUIREMENT
IS NOT REFLECTED IN THE DRAFT PERMIT, THE PERMIT MAY BE ISSUED
WITHOUT INCORPORATING THE NEW APPLICABLE REQUIREMENT, PROVIDED
THAT THE PERMITTING AUTHORITY INSTITUTES PROCEEDINGS NO LATER
THAT THE DATE OF PERMIT ISSUANCE TO REOPEN THE PERMIT CONSISTENT
WITH PARAGRAPH (i) OF THIS SECTION TO INCORPORATE THE NEW
APPLICABLE REQUIREMENT AND THAT THE PERMIT CONTAINS A STATEMENT
THAT IT IS BEING REOPENED FOR THIS PURPOSE.
(b) Requirement for a permit. Except as provided in the
following sentence, [70.4(b)(12)(i) of this part, and paragraph
and (3)(v) of this section,] no part 70 source may operate after
the time that it is required to submit a timely and complete
application under an approved permit program, except in
compliance with a permit issued under a part 70 program. The
program shall provide that, if a part 70 source submits a timely
and complete application for permit issuance (including for
renewal), the source's failure to have a part 70 permit is not a
violation of this part until the permitting authority 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 made pursuant to paragraph (a)(4)
of this section, and as required by 70.5(a)(2) of this part, the
applicant fails to submit by the deadline specified in writing by
the permitting authority any additional information identified as
being needed to process the application.
(c) Permit renewal and expiration.
(1) The program shall provide that:
(i) Permits being renewed are subject to the same
procedural requirements, including those for public
participation, affected State and EPA review, that apply to
initial permit issuance; and
(ii) Permit expiration terminates the source's right to
operate unless a timely and complete renewal application has been
submitted consistent with paragraph (b) of this section and
70.5(a)(1)(iii) of this part.
(2) If the permitting authority 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.
[(d) Administrative permit amendments.
(1) An "administrative permit amendment" is a permit
revision that:
(i) Corrects typographical errors;
(ii) Identifies a change in the name, address, or phone
number of any person identified in the permit, or provides a
similar minor administrative change at the source;
(iii) Requires more frequent monitoring or reporting by the
permittee;
(iv) Allows for a change in ownership or operational
control of a source where the permitting authority determines
that no other change in the permit is necessary, provided that a
written agreement containing a specific date for transfer of
permit responsibility, coverage, and liability between the
current and new permittee has been submitted to the permitting
authority;
(v) Incorporates into the part 70 permit the requirements
from preconstruction review permits authorized under an EPA-approved program, provided that
such a program meets procedural
requirements substantially equivalent to the requirements of
70.7 and 70.8 of this part that would be applicable to the
change if it were subject to review as a permit modification, and
compliance requirements substantially equivalent to those
contained in 70.6 of this part; or
(vi) Incorporates any other type of change which the
Administrator has determined as part of the approved part 70
program to be similar to those in paragraphs (d)(1)(i) through
(iv) of this section.
(2) Administrative permit amendments for purposes of the
acid rain portion of the permit shall be governed by regulations
promulgated under title IV of the Act.
(3) Administrative permit amendment procedures. An
administrative permit amendment may be made by the permitting
authority consistent with the following:
(i) The permitting authority shall take no more than
60 days from receipt of a request for an administrative permit
amendment to take final action on such request, and may
incorporate such changes without providing notice to the public
or affected States provided that it designates any such permit
revisions as having been made pursuant to this paragraph.
(ii) The permitting authority shall submit a copy of the
revised permit to the Administrator.
(iii) The source may implement the changes addressed in the
request for an administrative amendment immediately upon
submittal of the request.
(4) The permitting authority may, upon taking final action
granting a request for an administrative permit amendment, allow
coverage by the permit shield in 70.6(f) of this part for
administrative permit amendments made pursuant to paragraph
(d)(1)(v) of this section which meet the relevant requirements of
70.6, 70.7, and 70.8 of this part for significant permit
modifications.
(e) 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
under paragraph (d) of this section. 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.
(1) Program description. The State shall provide adequate,
streamlined, and reasonable procedures for expeditiously
processing permit modifications. The State may meet this
obligation by adopting the procedures set forth below or ones
substantially equivalent. The State may also develop different
procedures for different types of modifications depending on the
significance and complexity of the requested modification, but
EPA will not approve a part 70 program that has modification
procedures that provide for less permitting authority, EPA, or
affected State review or public participation than is provided
for in this part.
(2) Minor permit modification procedures.
(i) Criteria.
(A) Minor permit modification procedures may be used only
for those permit modifications that:
(1) Do not violate any applicable requirement;
(2) Do not involve significant changes to existing
monitoring, reporting, or recordkeeping requirements in the
permit;
(3) 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;
(4) 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:
(A) A federally enforceable emissions cap assumed to avoid
classification as a modification under any provision of title I;
and
(B) An alternative emissions limit approved pursuant to
regulations promulgated under section 112(i)(5) of the Act;
(5) Are not modifications under any provision of title I of
the Act; and
(6) Are not required by the State program to be processed
as a significant modification.
(B) Notwithstanding paragraphs (e)(2)(i)(A) and (e)(3)(i)
of this section, minor permit modification procedures may be used
for permit modifications involving the use of economic
incentives, marketable permits, emissions trading, and other
similar approaches, to the extent that such minor permit
modification procedures are explicitly provided for in an
applicable implementation plan or in applicable requirements
promulgated by EPA.
(ii) Application. An application requesting the use of
minor permit modification procedures shall meet the requirements
of 70.5(c) of this part and shall include the following:
(A) A description of the change, the emissions resulting
from the change, and any new applicable requirements that will
apply if the change occurs;
(B) The source's suggested draft permit;
(C) Certification by a responsible official, consistent
with 70.5(d) of this part, that the proposed modification meets
the criteria for use of minor permit modification procedures and
a request that such procedures be used; and
(D) Completed forms for the permitting authority to use to
notify the Administrator and affected States as required under
70.8 of this part.
(iii) EPA and affected State notification. Within 5
working days of receipt of a complete permit modification
application, the permitting authority shall meet its obligation
under 70.8(a)(1) and (b)(1) of this part to notify the
Administrator and affected States of the requested permit
modification. The permitting authority promptly shall send any
notice required under 70.8(b)(2) of this part to the
Administrator.
(iv) Timetable for issuance. The permitting authority may
not issue a final permit modification until after EPA's 45-day
review period or until EPA has notified the permitting authority
that EPA will not object to issuance of the permit modification,
whichever is first, although the permitting authority can approve
the permit modification prior to that time. Within 90 days of
the permitting authority's receipt of an application under minor
permit modification procedures or 15 days after the end of the
Administrator's 45-day review period under 70.8(c) of this part,
whichever is later, the permitting authority 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 70.8(a) of this part.
(v) Source's ability to make change.
The State program may allow the source to make the change
proposed in its minor permit modification application immediately
after it files such application. After the source makes the
change allowed by the preceding sentence, and until the
permitting authority takes any of the actions specified in
paragraphs (e)(2)(v)(A) through (C) of this section, 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.
(vi) Permit shield. The permit shield under 70.6(f) of
this part may not extend to minor permit modifications.
(3) Group processing of minor permit modifications.
Consistent with this paragraph, the permitting authority may
modify the procedure outlined in paragraph (e)(2) of this section
to process groups of a source's applications for certain
modifications eligible for minor permit modification processing.
(i) Criteria. Group processing of modifications may be
used only for those permit modifications:
(A) That meet the criteria for minor permit modification
procedures under paragraph (e)(2)(i)(A) of this section; and
(B) That collectively are below the threshold level
approved by the Administrator as part of the approved program.
Unless the State sets an alternative threshold consistent with
the criteria set forth in paragraphs (1) and (2), this threshold
shall be 10 percent of the emissions allowed by the permit for
the emissions unit for which the change is requested, 20 percent
of the applicable definition of major source in 70.2 of this
part, or 5 tons per year, whichever is least. In establishing
any alternative threshold, the State shall consider:
(1) Whether group processing of amounts below the threshold
levels reasonably alleviates severe administrative burdens that
would be imposed by immediate permit modification review, and
(2) Whether individual processing of changes below the
threshold levels would result in trivial environmental benefits.
(ii) Application. An application requesting the use of
group processing procedures shall meet the requirements of
70.5(c) of this part and shall include the following:
(A) A description of the change, the emissions resulting
from the change, and any new applicable requirements that will
apply if the change occurs.
(B) The source's suggested draft permit.
(C) Certification by a responsible official, consistent
with 70.5(d) of this part, that the proposed modification meets
the criteria for use of group processing procedures and a request
that such procedures be used.
(D) A list of the source's other pending applications
awaiting group processing, and a determination of whether the
requested modification, aggregated with these other applications,
equals or exceeds the threshold set under paragraph (e)(3)(i)(B)
of this section.
(E) Certification, consistent with 70.5(d) of this part,
that the source has notified EPA of the proposed modification.
Such notification need only contain a brief description of the
requested modification.
(F) Completed forms for the permitting authority to use to
notify the Administrator and affected States as required under
70.8 of this part.
(iii) EPA and affected State notification. On a quarterly
basis or within 5 business days of receipt of an application
demonstrating that the aggregate of a source's pending
applications equals or exceeds the threshold level set under
paragraph (e)(3)(i)(B) of this section, whichever is earlier, the
permitting authority promptly shall meet its obligation under
paragraphs (a)(1) and (b)(1) of 70.8 of this part to notify the
Administrator and affected States of the requested permit
modifications. The permitting authority shall send any notice
required under 70.8(b)(2) of this part to the Administrator.
(iv) Timetable for issuance. The provisions of paragraph
(e)(2)(iv) of this section shall apply to modifications eligible
for group processing, except that the permitting authority shall
take one of the actions specified in paragraphs (e)(2)(iv)(A)
through (D) of this section within 180 days of receipt of the
application or 15 days after the end of the Administrator's 45-day review period under 70.8(c) of
this part, whichever is
later.
(v) Source's ability to make change. The provisions of
paragraph (e)(2)(v) of this section shall apply to modifications
eligible for group processing.
(vi) Permit shield. The provisions of paragraph (e)(2)(vi)
of this section shall also apply to modifications eligible for
group processing.
(4) Significant modification procedures.
(i) Criteria. Significant modification procedures shall be
used for applications requesting permit modifications that do not
qualify as minor permit modifications or as administrative
amendments. The State program shall contain criteria for
determining whether a change is significant. At a minimum, every
significant change in existing monitoring permit terms or
conditions and every relaxation of reporting or recordkeeping
permit terms or conditions shall be considered significant.
Nothing herein shall be construed to preclude the permittee from
making changes consistent with this part that would render
existing permit compliance terms and conditions irrelevant.
(ii) The State program shall provide that significant
permit modifications shall meet all requirements of this part,
including those for applications, public participation, review by
affected States, and review by EPA, as they apply to permit
issuance and permit renewal. The permitting authority shall
design and implement this review process to complete review on
the majority of significant permit modifications within 9 months
after receipt of a complete application.]
(D) GENERAL REQUIREMENTS FOR PERMIT REVISIONS.
(1) CHANGES REQUIRING PERMIT REVISION. CHANGES AT A SOURCE
REQUIRING A REVISION OF A PART 70 PERMIT ARE THOSE THAT:
(i) COULD NOT BE OPERATED WITHOUT VIOLATING AN EXISTING
PERMIT TERM; OR
(ii) RENDER THE SOURCE SUBJECT TO AN APPLICABLE REQUIREMENT
TO WHICH THE SOURCE HAS NOT BEEN PREVIOUSLY SUBJECT.
(2) PROGRAM PROVISIONS. THE PROGRAM SHALL PROVIDE FOR
ADEQUATE, STREAMLINED, AND REASONABLE PROCEDURES FOR
EXPEDITIOUSLY PROCESSING PERMIT REVISIONS. THE STATE MAY MEET
THIS OBLIGATION BY ADOPTING THE PROCEDURES SET FORTH IN
70.7(e)(1)(ii), (e)(1)(iii), (e)(2)(ii), (e)(3)(ii), (f)(2),
(g)(2), AND (h)(2) OF THIS PART OR ONES THAT ARE APPROVED BY EPA
AS SUBSTANTIALLY EQUIVALENT.
(3) EXEMPTION FOR ACID RAIN. A PERMIT REVISION, INCLUDING
AN ADMINISTRATIVE AMENDMENT, FOR PURPOSES OF THE ACID RAIN
PORTION OF THE PERMIT SHALL BE GOVERNED BY REGULATIONS
PROMULGATED UNDER TITLE IV OF THE ACT.
(4) APPLICATION REQUIREMENTS. ANY APPLICATION FOR A PERMIT
REVISION, OR A NOTICE REQUIRED BY PARAGRAPHS (e)(1)(ii)(B) OR
(e)(2)(ii)(A) OF THIS SECTION, SHALL CONTAIN THE FOLLOWING.
(i) A DESCRIPTION OF THE CHANGE AND THE EMISSIONS RESULTING
FROM THE CHANGE.
(ii) TERMS AND CONDITIONS NECESSARY TO ASSURE COMPLIANCE
WITH THE PERMIT CONTENT REQUIREMENTS OF 70.6(a) AND (c) OF
THIS PART. FOR NOTICE-ONLY PERMIT REVISIONS THE PERMIT
APPLICATION NEED ONLY CONTAIN AN IDENTIFICATION OF THE APPLICABLE
REQUIREMENTS TO WHICH THE SOURCE IS NEWLY SUBJECT AS A RESULT OF
THE CHANGE, INCLUDING THE APPLICABLE EMISSION LIMITS AND
STANDARDS, APPLICABLE MONITORING AND TEST METHODS, AND APPLICABLE
RECORDKEEPING AND REPORTING REQUIREMENTS.
(iii) A SCHEDULE OF COMPLIANCE, IF APPLICABLE.
(iv) A CERTIFICATION CONSISTENT WITH 70.5(c)(9)(i) OF
THIS PART THAT THE SOURCE IS IN COMPLIANCE WITH ALL APPLICABLE
REQUIREMENTS AFFECTED BY THE CHANGE, AND WITH THE REQUIREMENTS OF
THIS PART.
(5) THE SOURCE MAY NOT OPERATE THE CHANGE UNTIL THE
PERMITTING AUTHORITY HAS REVISED THE PART 70 PERMIT.
(e) EXPEDITED PERMIT REVISIONS. OTHER THAN FOR THE
PERIODIC NOTIFICATION PROVISIONS OF PARAGRAPH (L) OF THIS
SECTION, THE FOLLOWING PERMIT REVISIONS MAY BE MADE WITHOUT
OPPORTUNITY FOR REVIEW BY THE PUBLIC, EPA, OR AFFECTED STATES AND
WITHOUT OPPORTUNITY FOR CITIZEN PETITIONS UNTIL PERMIT RENEWAL.
(1) ADMINISTRATIVE PERMIT AMENDMENTS. THE PERMITTING
AUTHORITY MAY DESIGNATE IN ITS PROGRAM, SUBJECT TO APPROVAL BY
THE ADMINISTRATOR AS PART OF THE APPROVED PART 70 PROGRAM,
CERTAIN CATEGORIES OF CHANGES, OTHER THAN THOSE DESCRIBED IN
PARAGRAPH (g)(1) OF THIS SECTION, AS CHANGES THAT MAY BE
PROCESSED AS ADMINISTRATIVE AMENDMENTS.
(i) SCOPE. AN ADMINISTRATIVE PERMIT AMENDMENT IS A PERMIT
REVISION THAT:
(A) CORRECTS TYPOGRAPHICAL ERRORS;
(B) MAKES A MINOR ADMINISTRATIVE CHANGE, SUCH AS A CHANGE
IN THE NAME, ADDRESS, OR PHONE NUMBER OF ANY PERSON IDENTIFIED IN
THE PERMIT;
(C) REQUIRES MORE FREQUENT MONITORING OR REPORTING THAN
ALREADY REQUIRED IN THE PERMIT;
(D) ALLOWS FOR A CHANGE IN OWNERSHIP OR OPERATIONAL CONTROL
OF A SOURCE WHERE THE PERMITTING AUTHORITY DETERMINES THAT NO
OTHER CHANGE IN THE PERMIT IS NECESSARY, PROVIDED THAT A WRITTEN
AGREEMENT CONTAINING A SPECIFIC DATE FOR TRANSFER OF PERMIT
RESPONSIBILITY, COVERAGE, AND LIABILITY BETWEEN THE CURRENT AND
NEW PERMITTEE HAS BEEN SUBMITTED TO THE PERMITTING AUTHORITY;
(E) INCORPORATES A FEDERALLY-PROMULGATED STANDARD PURSUANT
TO SECTION 112 OF THE ACT PROMULGATED AFTER PERMIT ISSUANCE, OR
INCORPORATES A MACT DETERMINATION MADE UNDER REGULATIONS
IMPLEMENTING SECTION 112(l) OF THE ACT; OR
(F) INCORPORATES ANY OTHER TYPE OF CHANGE WHICH THE STATE
DETERMINES, AND THE ADMINISTRATOR APPROVES AS PART OF THE
APPROVED PART 70 PROGRAM, TO BE SIMILAR TO THOSE IN PARAGRAPHS
(e)(1)(i)(A) THROUGH (D) OF THIS SECTION.
(ii) GENERAL ADMINISTRATIVE PERMIT AMENDMENT PROCEDURES.
THE PROGRAM SHALL PROVIDE THAT, OTHER THAN FOR INCORPORATING
REQUIREMENTS OF SECTION 112 OF THE ACT, ADMINISTRATIVE PERMIT
AMENDMENTS ARE MADE CONSISTENT WITH THE FOLLOWING.
(A) THE PERMITTEE OR THE PERMITTING AUTHORITY MAY INITIATE
THE ADMINISTRATIVE INCORPORATION OF A CHANGE INTO THE PERMIT BY
ISSUING A NOTICE DESCRIBING WHAT INFORMATION IN THE PART 70
PERMIT IS AFFECTED BY SUCH A CHANGE AND SENDING THE NOTICE TO THE
PERMITTING AUTHORITY OR THE PERMITTEE AS APPROPRIATE.
(B) WHERE THE SOURCE ISSUES A NOTICE, THE PERMIT SHALL BE
REVISED UPON MAILING BY CERTIFIED MAIL, DELIVERY BY HAND OR
EXPRESS SERVICE, OR TRANSMISSION BY OTHER EQUALLY RELIABLE MEANS
OF A NOTICE BY THE SOURCE TO THE PERMITTING AUTHORITY. TO THE
EXTENT APPLICABLE, THE NOTICE SHALL MEET THE REQUIREMENTS OF
PARAGRAPH (d)(5) OF THIS SECTION.
(C) WHERE THE PERMITTING AUTHORITY ISSUES A NOTICE, THE
PERMIT SHALL BE REVISED UPON ATTACHMENT OF THE NOTICE TO THE
PERMIT.
(iii) ADMINISTRATIVE AMENDMENT PROCEDURES FOR INCORPORATING
REQUIREMENTS OF SECTION 112 OF THE ACT. AN ADMINISTRATIVE
AMENDMENT AS DESCRIBED IN PARAGRAPH (e)(1)(i)(E) OF THIS SECTION
SHALL BE MADE USING THE FOLLOWING PROCEDURES.
(A) AFTER RECEIPT OF THE INITIAL NOTIFICATION REQUIRED
UNDER THE SECTION 112 STANDARD, THE PERMITTING AUTHORITY SHALL
PREPARE A PROPOSED ADDENDUM TO THE SOURCE'S PART 70 PERMIT. THE
ADDENDUM SHALL CONTAIN THE FOLLOWING:
(1) A STATEMENT THAT THE SECTION 112 STANDARD IS AN
APPLICABLE REQUIREMENT FOR THE PERMITTED SOURCE.
(2) A SCHEDULE OF COMPLIANCE, CONSISTENT WITH 70.5(c)(9)
OF THIS PART.
(3) A REQUIREMENT TO SUBMIT ANY IMPLEMENTATION PLAN OR
REPORT REQUIRED UNDER THE STANDARD.
(4) A REQUIREMENT TO APPLY FOR A DE MINIMIS OR MINOR PERMIT
REVISION, AS APPROPRIATE, IN ACCORDANCE WITH PARAGRAPH (j)(2)(ii)
OF THIS SECTION BY THE DEADLINE FOR THE COMPLIANCE STATEMENT
REQUIRED BY THE SECTION 112 STANDARD, UNLESS THE SOURCE IS
EXEMPTED FROM THIS REQUIREMENT BY THE RULEMAKING PROMULGATING
THE
APPLICABLE SECTION 112 STANDARD. IF THE COMPLIANCE STATEMENT
DEADLINE IS WITHIN 6 MONTHS OF THE END OF THE PERMIT TERM, THE
SOURCE MAY INCORPORATE ITS APPLICATION FOR THE MINOR PERMIT
REVISION INTO ITS APPLICATION FOR PERMIT RENEWAL IN LIEU OF
APPLYING FOR A REVISION BY THE COMPLIANCE STATEMENT DEADLINE.
(B) THE PERMITTING AUTHORITY SHALL MAKE AVAILABLE FOR
PUBLIC REVIEW AND COMMENT FOR AT LEAST 30 DAYS A LIST OF SOURCES
WHOSE PERMITS ARE REOPENED UNDER THIS PARAGRAPH. NOTICE OF THE
AVAILABILITY OF THE LIST SHALL BE GIVEN BY SUCH TIME AS TO ASSURE
THAT ANY ADDITIONAL ADMINISTRATIVE AMENDMENTS FOR SOURCES
SUBJECT
TO THE STANDARD AND NOT ON THE LIST TAKE EFFECT WITHIN 18 MONTHS
AFTER PROMULGATION OF THE SECTION 112 STANDARD. IF AFTER
CONSIDERING PUBLIC COMMENT, THE PERMITTING AUTHORITY DETERMINES
THAT PERMITS FOR OTHER SOURCES MUST BE REOPENED TO INCORPORATE
SECTION 112 STANDARDS, IT SHALL NOTIFY SUCH SOURCES OF ITS INTENT
TO DO SO AT LEAST 30 DAYS BEFORE REOPENING THE PERMIT, AND MAY
USE THE PROVISIONS OF THIS PARAGRAPH.
(C) THE PROPOSED ADDENDUM SHALL BECOME EFFECTIVE NOT LATER
THAN 18 MONTHS AFTER PROMULGATION OF THE SECTION 112 STANDARD.
THE PERMITTING AUTHORITY SHALL ATTACH A COPY OF THE ADDENDUM TO
THE EXISTING PART 70 PERMIT AND SHALL PROVIDE THE ADMINISTRATOR
WITH A COPY.
(D) THE PERMIT SHIELD UNDER 70.6(F) OF THIS PART MAY NOT
EXTEND TO ADMINISTRATIVE AMENDMENTS PROCESSED UNDER PARAGRAPH
(E)(1)(III) OF THIS SECTION.
(2) NOTICE-ONLY PERMIT REVISIONS. THE PERMITTING AUTHORITY
MAY DESIGNATE IN ITS PROGRAM, SUBJECT TO APPROVAL BY THE
ADMINISTRATOR AS PART OF THE APPROVED PART 70 PROGRAM, CERTAIN
CATEGORIES OF CHANGES, OTHER THAN THOSE DESCRIBED IN PARAGRAPH
(G)(1) OF THIS SECTION, AS CHANGES THAT MAY BE PROCESSED AS
NOTICE-ONLY PERMIT REVISIONS. NOTICE-ONLY PERMIT REVISIONS MAY
BE MADE WITHOUT PRIOR PERMITTING AUTHORITY APPROVAL AS PROVIDED
IN PARAGRAPH (e)(2)(ii)(B) OF THIS SECTION.
(i) SCOPE. A CHANGE MAY BE DESIGNATED AS ELIGIBLE FOR A
NOTICE-ONLY REVISION IF THE CHANGE IS NOT SUBJECT TO A PRIOR
STATE REVIEW PROGRAM AND, IF AN APPLICABLE REQUIREMENT NEWLY
APPLIES, ALL THE REQUIREMENTS TO WHICH THE SOURCE IS SUBJECT AS A
RESULT OF THE CHANGE ARE TAKEN DIRECTLY FROM AN APPLICABLE
REQUIREMENT WITHOUT THE CREATION OF ANY SOURCE-SPECIFIC
REQUIREMENTS. NOTWITHSTANDING THE PROVISIONS OF
70.7(g)(1)(i)(G) OF THIS SECTION, THE FOLLOWING MONITORING
CHANGES MAY BE MADE THROUGH NOTICE-ONLY PROCEDURES.
(A) INCORPORATION OF ALTERNATIVE TESTING OR COMPLIANCE
MONITORING REQUIREMENTS THAT HAVE RECEIVED EPA APPROVAL UNDER
PARTS 60, 61, OR 63 OF THIS CHAPTER.
(B) INCORPORATION INTO THE PERMIT OF NEWLY-APPLICABLE
MONITORING OR TESTING REQUIREMENTS SPECIFIED IN PARTS 60, 61, OR
63 OF THIS CHAPTER THAT APPLY AS THE RESULT OF A CHANGE IN
APPLICABILITY OF THOSE PARTS TO THE FACILITY, INCLUDING REMOVAL
FROM THE PERMIT OF MONITORING OR TESTING REQUIREMENTS THAT NO
LONGER APPLY AS A RESULT OF THE CHANGE IN APPLICABILITY,
PROVIDED THE CHANGE OF REQUIREMENTS MEETS THE CRITERIA FOR
NOTICE-ONLY PROCEDURES UNDER 70.7(e)(2)(i)(A) OF THIS SECTION.
(C) INCORPORATION INTO THE PERMIT OF TEST METHODS OR
MONITORING REQUIREMENTS SPECIFIED IN AN APPLICABLE REQUIREMENT
WHICH THE SOURCE MAY USE UNDER THE APPLICABLE REQUIREMENT IN LIEU
OF THE TESTING OR MONITORING REQUIREMENTS CONTAINED IN THE
PERMIT.
(ii) NOTICE-ONLY PERMIT REVISION PROCEDURES. FOR NOTICE-ONLY
PERMIT REVISIONS, THE PROGRAM SHALL PROVIDE THE FOLLOWING.
(A) THE SOURCE SHALL SUBMIT A NOTICE CONSISTENT WITH
PARAGRAPH (d)(5) OF THIS SECTION TO THE PERMITTING AUTHORITY UPON
OPERATING THE CHANGE.
(B) MAILING OF THE NOTICE BY CERTIFIED MAIL, DELIVERY BY
HAND OR EXPRESS SERVICE, OR TRANSMISSION BY OTHER EQUALLY
RELIABLE MEANS, SHALL REVISE THE PERMIT.
(3) DE MINIMIS PERMIT REVISIONS. (i) SCOPE. THE
PERMITTING AUTHORITY MAY DESIGNATE IN ITS PROGRAM, SUBJECT TO
APPROVAL BY THE ADMINISTRATOR AS PART OF THE APPROVED PART 70
PROGRAM, CERTAIN CATEGORIES OF CHANGES THAT MAY BE PROCESSED AS
DE MINIMIS PERMIT REVISIONS. PROGRAMS THAT ESTABLISH A DE
MINIMIS CLASS OF CHANGES SHALL CONTAIN A DETERMINATION THAT MEETS
THE REQUIREMENTS OF PARAGRAPHS (3)(iii) AND (iv) OF THIS SECTION.
NOTWITHSTANDING THE REQUIREMENTS OF 70.7(g)(1)(i)(G) OF THIS
SECTION, THE FOLLOWING MONITORING CHANGES MAY BE MADE USING DE
MINIMIS PROCEDURES.
(A) CHANGES TO A PARAMETER RANGE REQUIRED TO BE USED FOR
COMPLIANCE MONITORING OF A STANDARD OR LIMITATION UNDER PART 63
OF THIS CHAPTER, PROVIDED THE NEW RANGE HAS BEEN ESTABLISHED
USING PERFORMANCE TESTS BASED ON EPA-APPROVED TEST METHODS
SPECIFIED IN THE RELEVANT APPLICABLE REQUIREMENT.
(B) CHANGES TO COMPLIANCE MONITORING REQUIREMENTS FOR UNITS
OR MODIFICATIONS WHICH THE PROGRAM HAS ESTABLISHED, AND EPA HAS
APPROVED, AS DE MINIMIS UNDER THIS SECTION.
(ii) DE MINIMIS PERMIT REVISION PROCEDURES. FOR DE MINIMIS
PERMIT REVISIONS, THE PROGRAM SHALL PROVIDE FOR THE FOLLOWING.
(A) THE SOURCE SHALL SUBMIT AN APPLICATION TO THE
PERMITTING AUTHORITY CONSISTENT WITH PARAGRAPH (d)(5) OF THIS
SECTION.
(B) THE PERMIT SHALL BE REVISED BY ATTACHING AN ADDENDUM TO
THE PERMIT. THE ADDENDUM MAY CONSIST OF A SEPARATE PART 70
PERMIT REVISION OR THE RELEVANT PORTIONS OF A MINOR NSR PERMIT.
THE PERMITTING AUTHORITY SHALL MAKE ANY CHANGES IT DEEMS
APPROPRIATE TO THE ADDENDUM TO MAKE IT CONSISTENT WITH 70.6 OF
THIS PART PRIOR TO ATTACHING IT TO THE PERMIT. THE PERMITTING
AUTHORITY SHALL PROVIDE NOTICE TO THE PERMITTEE UPON ATTACHMENT
OF THE ADDENDUM TO THE PERMIT.
(iii) DE MINIMIS DETERMINATION. THE DE MINIMIS
DETERMINATION REQUIRED BY PARAGRAPH (e)(3)(i) OF THIS SECTION
SHALL CONTAIN THE FOLLOWING INFORMATION:
(A) A DESCRIPTION OF THE CHANGES PROPOSED FOR A DE MINIMIS
CATEGORY.
(B) A DEMONSTRATION THAT PROVIDING PUBLIC REVIEW, EPA
REVIEW, AND/OR CITIZEN PETITION FOR DE MINIMIS CHANGES WOULD
YIELD A BENEFIT OF TRIVIAL VALUE BASED ON ONE OR MORE OF THE
FOLLOWING CRITERIA:
(1) MONITORING OR OTHER PART 70 PERMIT TERMS NEEDED TO
ASSURE COMPLIANCE INVOLVE LITTLE OR NO JUDGMENT; OR
(2) THE CHANGES ARE BELOW ONE OR MORE DEFINED CUTOFF LEVELS
THAT THE PERMITTING AUTHORITY HAS SHOWN TO BE DE MINIMIS BASED ON
BOTH OF THE FOLLOWING CRITERIA:
(A) THE DE MINIMIS CUTOFF LEVEL IS SUBSTANTIALLY BELOW THE
APPLICABLE MAJOR SOURCE THRESHOLDS AND IS WELL BELOW THE
APPLICABLE SIGNIFICANCE LEVELS AT WHICH PSD OR NONATTAINMENT NSR
FOR MAJOR SOURCES OR MAJOR MODIFICATIONS APPLIES; AND
(B) THE AMBIENT ENVIRONMENTAL IMPACT FROM THE CHANGES IS
TRIVIAL WITH RESPECT TO ALL OF THE FOLLOWING CONSIDERATIONS THAT
ARE RELEVANT:
(i) the effect of de minimis changes on the ability of
attainment areas to remain attainment and the ability of
nonattainment areas to achieve attainment status;
(ii) THE EFFECT ON CONSUMPTION OF INCREMENTS FOR PSD;
(iii) THE EFFECT OF VOC OR NOX EMISSIONS FROM DE MINIMIS
CHANGES ON DOWNWIND OZONE TRANSPORT REGIONS;
(iv) THE IMPACT OF DE MINIMIS CHANGES ON CLASS I AREAS,
AND;
(v) THE IMPACT OF DE MINIMIS CHANGES ON AREAS OF SPECIAL
CONCERN SUCH AS SCHOOLS, HOSPITALS, OR AREAS WITH A HISTORY OF
ENVIRONMENTAL PROBLEMS OR PUBLIC CONCERN.
(iv) CHANGES THAT MAY NOT BE INCLUDED IN A DE MINIMIS
CATEGORY. THE PERMITTING AUTHORITY MAY NOT INCLUDE IN A DE
MINIMIS CATEGORY THE FOLLOWING TYPES OF CHANGES:
(A) CHANGES SUBJECT TO THE SIGNIFICANT PERMIT REVISION
PROCEDURES OF 70.7(g) OF THIS PART;
(B) LIMITATIONS ON THE POTENTIAL TO EMIT OF A FACILITY TO
AVOID MAJOR SOURCE REQUIREMENTS; OR
(C) ANY PHYSICAL CHANGE OR CHANGE IN THE METHOD OF
OPERATION WHERE THE PROSPECTIVE EMISSION INCREASES, ALONG WITH
OTHER EMISSION INCREASES ELSEWHERE AT THE SOURCE THAT RESULT FROM
THE CHANGES, WOULD BE A SIGNIFICANT EMISSIONS INCREASE OF A
POLLUTANT SUBJECT TO REGULATION UNDER PART C OR D OF TITLE I OF
THE ACT.
(f) MINOR PERMIT REVISIONS. (1) SCOPE. THE PERMITTING
AUTHORITY SHALL DESIGNATE IN ITS PROGRAM, SUBJECT TO APPROVAL BY
THE ADMINISTRATOR AS PART OF THE APPROVED PART 70 PROGRAM, ALL
CATEGORIES OF CHANGES, OTHER THAN THOSE CHANGES DESCRIBED IN
PARAGRAPH (g)(1) OF THIS SECTION OR THOSE CHANGES ELIGIBLE UNDER
THE APPROVED STATE PROGRAM FOR EXPEDITED PERMIT REVISION
PROCEDURES UNDER PARAGRAPH (E) OF THIS SECTION, AS CHANGES THAT
MUST BE PROCESSED AS MINOR PERMIT REVISIONS.
(2) MINOR PERMIT REVISION PROCEDURES. FOR MINOR PERMIT
REVISIONS, THE PROGRAM MUST PROVIDE THE FOLLOWING.
(I) A REQUIREMENT THAT THE SOURCE SUBMIT AN APPLICATION TO
THE PERMITTING AUTHORITY CONSISTENT WITH PARAGRAPH (d)(5) OF THIS
SECTION.
(ii) A PUBLIC COMMENT PERIOD OF AT LEAST 21 DAYS PRIOR TO
ISSUANCE OF THE REVISED PERMIT.
(iii) A PERIOD OF 45 DAYS FOR EPA TO REVIEW THE PROPOSED
PERMIT REVISION PRIOR TO ISSUANCE OF THE REVISED PERMIT, EXCEPT
AS PROVIDED IN PARAGRAPH (f)(2)(iv) OF THIS SECTION. THE EPA
REVIEW PERIOD MUST BEGIN AT THE START OF THE PUBLIC COMMENT
PERIOD REFERRED TO IN THE PREVIOUS PARAGRAPH.
(iv) IF NEITHER THE PUBLIC NOR EPA HAS SUBMITTED WRITTEN
ADVERSE COMMENTS BY THE END OF THE PUBLIC COMMENT PERIOD REFERRED
TO IN PARAGRAPH (f)(2)(ii) OF THIS SECTION, THE REMAINDER OF THE
EPA REVIEW PERIOD WILL BE DEEMED TO BE WAIVED, AND THE 60-DAY
PERIOD FOR CITIZENS TO PETITION EPA UNDER 70.8(d)(1) OF THIS
PART WILL BEGIN THE DAY FOLLOWING THE END OF THE PUBLIC COMMENT
PERIOD. THE NOTICE TO THE PUBLIC REQUESTING COMMENT MUST STATE
THAT THE EPA REVIEW PERIOD MAY BE SHORTENED AND THE CITIZEN
PETITION PERIOD WILL BEGIN AS DESCRIBED IN THE PRECEDING
SENTENCE.
(v) IF THE PUBLIC OR EPA HAS SUBMITTED WRITTEN ADVERSE
COMMENTS BY THE END OF THE PUBLIC COMMENT PERIOD, THE EPA REVIEW
PERIOD SHALL REMAIN 45 DAYS, EXCEPT THAT EPA MAY END ITS REVIEW
PERIOD BEFORE THE END OF THE 45-DAY REVIEW PERIOD BY NOTIFYING IN
WRITING THE PERMITTING AUTHORITY AND ANYONE WHO COMMENTED ON
THE
PERMIT REVISION THAT IT DOES NOT OBJECT TO THE PROPOSED PERMIT,
IN WHICH CASE, THE 60-DAY PERIOD FOR CITIZENS TO PETITION EPA
UNDER 70.8(d)(1) OF THIS PART SHALL BEGIN WHEN THE PERMITTING
AUTHORITY PROVIDES NOTICE TO THE PUBLIC UNDER PARAGRAPH
(F)(2)(VI) OF THIS SECTION OR AFTER THE EXPIRATION OF THE
ADMINISTRATOR'S 45-DAY REVIEW PERIOD, WHICHEVER IS EARLIER.
(vi) THE PERMITTING AUTHORITY MUST PROVIDE NOTICE TO THE
PUBLIC THROUGH AN ADEQUATE MEANS, SUCH AS A TELEPHONE HOTLINE OR
COMPUTER BULLETIN BOARD, AS TO WHETHER THE EPA REVIEW PERIOD HAS
BEEN REDUCED FROM 45 DAYS AND WHETHER THE 60-DAY PERIOD FOR
FILING A CITIZEN PETITION HAS BEEN ADVANCED UNDER PARAGRAPHS
(f)(2)(iv) or (v) OF THIS SECTION.
(vii) THE EXISTING PART 70 PERMIT MAY BE REVISED BY
ATTACHING TO IT AN ADDENDUM, WHICH MAY CONSIST OF A SEPARATE
PART 70 PERMIT REVISION OR THE RELEVANT PORTIONS OF A MINOR NSR
PERMIT. THE PERMITTING AUTHORITY MAY MAKE ANY CHANGES IT DEEMS
APPROPRIATE TO THE ADDENDUM TO MAKE IT CONSISTENT WITH 70.6 OF
THIS PART PRIOR TO ATTACHING IT TO THE PERMIT. THE PERMITTING
AUTHORITY MUST NOTIFY THE PERMITTEE WHEN IT HAS ATTACHED THE
ADDENDUM TO THE PERMIT.
(g) SIGNIFICANT PERMIT REVISIONS. THE PERMITTING AUTHORITY
SHALL DESIGNATE IN ITS PROGRAM CHANGES SUBJECT TO SIGNIFICANT
PERMIT REVISION PROCEDURES.
(1) SCOPE. (i) CHANGES SUBJECT TO SIGNIFICANT PERMIT
REVISIONS SHALL INCLUDE AT A MINIMUM THE FOLLOWING:
(A) ANY CHANGE SUBJECT TO MAJOR NSR, INCLUDING THE
ESTABLISHMENT OR REVISION OF PLANTWIDE APPLICABILITY LIMITS UNDER
MAJOR NSR.
(B) ANY PHYSICAL CHANGE OR CHANGE IN THE METHOD OF
OPERATION OF A PART 70 SOURCE ASSOCIATED WITH A PROJECT WHERE THE
PROSPECTIVE EMISSIONS INCREASES FROM SUCH CHANGES, CONSIDERED BY
THEMSELVES PLUS ANY EMISSIONS INCREASES DUE TO AN INCREASE IN
PRODUCTION RATES AT OTHER UNITS THAT WILL RESULT DIRECTLY FROM
THE CHANGE, WOULD EXCEED THE MAJOR SOURCE CUTOFF LEVEL FOR ANY
POLLUTANT SUBJECT TO REGULATION UNDER PART C OR D OR SECTION 112
OF THE ACT.
(C) ANY CHANGE UNDER REGULATIONS IMPLEMENTING SECTION
112(G) OF THE ACT.
(D) ESTABLISHMENT OR REVISION OF A MACT DETERMINATION MADE
UNDER REGULATIONS IMPLEMENTING SECTION 112(j) OF THE ACT.
(E) ESTABLISHMENT OR REVISION OF ALTERNATIVE EMISSION
LIMITS ESTABLISHED UNDER REGULATIONS IMPLEMENTING SECTION
112(i)(5) OF THE ACT.
(F) ESTABLISHMENT OR REVISION OF ALTERNATIVE REQUIREMENTS
ESTABLISHED UNDER 70.6(a)(1)(iii) OF THIS PART, OR
ESTABLISHMENT OR REVISION OF SUBSTITUTE SECTION 112 STANDARDS, IF
ACCOMPLISHED SOLELY THROUGH A PART 70 REVISION PROCESS,
ESTABLISHED PURSUANT TO A PROGRAM APPROVED BY EPA FOR SUCH
PURPOSE UNDER SECTION 112(l) OF THE ACT.
(G) THE FOLLOWING CHANGES TO MONITORING OR TESTING
REQUIREMENTS.
(1) REMOVAL OR ALTERATION OF A COMPLIANCE MONITORING
REQUIREMENT.
(2) ANY ADOPTION OF AN ALTERNATIVE TEST METHOD OR ANY
CHANGE TO A TEST METHOD.
(3) ANY CHANGE INVOLVING MONITORING A DIFFERENT PARAMETER
WHERE MONITORING OF A PARAMETER IS USED TO DEMONSTRATE
COMPLIANCE.
(4) ADOPTION OF ALTERNATIVE COMPLIANCE MONITORING
REQUIREMENTS FOR THE PURPOSE OF STREAMLINING MULTIPLE
REQUIREMENTS INTO A SINGLE REQUIREMENT FOR WHICH AN EQUIVALENCY
DEMONSTRATION MUST BE REVIEWED BY THE ADMINISTRATOR.
(H) (RESERVED FOR SOURCE-SPECIFIC SIP REVISIONS).
(I) ESTABLISHMENT OF A NEW APPLICABLE REQUIREMENT WITH
WHICH TO DEMONSTRATE COMPLIANCE IN LIEU OF DEMONSTRATING
COMPLIANCE WITH OTHER EQUALLY OR LESS STRINGENT APPLICABLE
REQUIREMENTS (E.G., STREAMLINING OF MULTIPLE REQUIREMENTS INTO A
SINGLE REQUIREMENT).
(J) ANY OTHER CATEGORY OF CHANGES THE PERMITTING AUTHORITY
DETERMINES IN ITS PROGRAM TO HAVE A SIMILARLY SIGNIFICANT
ENVIRONMENTAL IMPACT.
(ii) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH
(g)(1)(i)(G) OF THIS SECTION, THE FOLLOWING CHANGES DO NOT HAVE
TO BE SUBJECT TO SIGNIFICANT PERMIT REVISIONS.
(A) ANY CHANGE TO A MONITORING REQUIREMENT FOR A CASE-BY-CASE
EMISSION LIMIT ESTABLISHED IN A MINOR NSR PERMIT, EXCEPT
THAT THIS PROVISION SHALL NOT APPLY TO CHANGES MADE IN THE NSR
PROCESS TO MONITORING REQUIREMENTS ESTABLISHED UNDER APPLICABLE
REQUIREMENTS OTHER THAN NSR.
(B) ALTERNATIVE TESTING OR MONITORING REQUIREMENTS THAT
HAVE RECEIVED EPA APPROVAL PURSUANT TO REGULATIONS IMPLEMENTING
SECTION 111 OR 112 OF THE ACT.
(C) ANY CHANGE TO AN EXISTING MONITORING REQUIREMENT IN THE
PERMIT WHICH IS NECESSARY TO COMPLY WITH A STANDARD UNDER SECTION
111 OR 112 OF THE ACT.
(D) ANY CHANGE TO A MONITORING REQUIREMENT THAT IS
PREAUTHORIZED IN THE EXISTING PART 70 PERMIT FOR THAT EMISSIONS
UNIT.
(E) ADOPTION OF AN ALTERNATIVE TEST METHOD OR MONITORING
REQUIREMENT ALREADY AUTHORIZED FOR THAT POLLUTANT AND SOURCE
CATEGORY IN AN APPLICABLE REQUIREMENT.
(F) ANY CHANGE TO A DIFFERENT PARAMETER THAT IS DERIVED
FROM RESULTS BASED UPON PERFORMANCE TESTING REQUIRED BY AN
APPLICABLE REQUIREMENT.
(2) SIGNIFICANT PERMIT REVISION PROCEDURES. FOR
SIGNIFICANT PERMIT REVISIONS, THE PROGRAM SHALL PROVIDE THE
FOLLOWING.
(i) THE SOURCE SHALL SUBMIT A PERMIT APPLICATION TO THE
PERMITTING AUTHORITY CONSISTENT WITH PARAGRAPH (D)(5) OF THIS
SECTION.
(ii) Significant permit revisions shall be issued pursuant
to procedural requirements applicable to initial permit issuance
in paragraph (a)(1) OF THIS SECTION, EXCEPT THAT, NOTWITHSTANDING
THE PROVISIONS OF PARAGRAPH (a)(2) OF THIS SECTION, THE
PERMITTING AUTHORITY SHALL COMPLETE ISSUANCE OF THE MAJORITY OF
THESE CHANGES WITHIN 6 MONTHS AFTER RECEIPT OF A COMPLETE
APPLICATION.
(h) Streamlined permit revision procedures - merged
programs. (1) FOR A CHANGE AT A SOURCE FOR WHICH A PART 70
PERMIT REVISION WILL BE REQUIRED AND THAT IS ALSO SUBJECT TO A
STATE REVIEW PROGRAM, THE PART 70 PERMIT REVISION PROCESS MAY BE
COMBINED WITH, OR RUN CONCURRENTLY WITH, THE STATE REVIEW
PROGRAM. SUCH A COMBINING OF PROGRAMS SHALL BE TERMED A "MERGED"
PROCESS. STATE REVIEW PROGRAMS INCLUDE MAJOR OR MINOR NSR, ANY
SOURCE-SPECIFIC SIP REVISION, ACTIONS SUBJECT TO PUBLIC AND EPA
REVIEW UNDER REGULATIONS IMPLEMENTING SECTION 112(g) OF THE ACT,
OR ANY OTHER CATEGORY OF CHANGES SUBJECT TO PUBLIC AND EPA
REVIEW.
(2) MERGED PROCESS PROCEDURES. FOR EACH CHANGE AT A SOURCE
FOR WHICH A PART 70 PERMIT REVISION WILL BE REQUIRED AND THAT IS
ALSO SUBJECT TO A STATE REVIEW PROGRAM, THE PROGRAM MAY PROVIDE
FOR THE FOLLOWING.
(i) THE SOURCE SHALL SUBMIT TO THE PERMITTING AUTHORITY AN
APPLICATION FOR A PART 70 PERMIT REVISION, CONSISTENT WITH
PARAGRAPH (d)(5) OF THIS SECTION, ALONG WITH THE APPLICATION FOR
THE CHANGE UNDER THE STATE REVIEW PROGRAM.
(ii) AN ADEQUATE OPPORTUNITY IS AFFORDED FOR REVIEW BY THE
PUBLIC AND AFFECTED STATES OF ANY SIGNIFICANT OR MINOR PERMIT
REVISION DURING THE PUBLIC REVIEW OPPORTUNITY OF THE STATE REVIEW
PROGRAM.
(iii) AN ADEQUATE OPPORTUNITY IS AFFORDED FOR EPA REVIEW
AND OBJECTION OF ANY SIGNIFICANT OR MINOR PERMIT REVISION. SUCH
REVIEW MAY BEGIN ON OR AFTER THE BEGINNING OF THE PUBLIC COMMENT
PERIOD AND SHALL END PRIOR TO REVISION OF THE PART 70 PERMIT.
(iv) UPON CONCLUSION OF THE MERGED PROCESS FOR A CHANGE,
THE PERMITTING AUTHORITY SHALL REVISE THE PART 70 PERMIT BY
IMMEDIATELY ATTACHING TO THE PART 70 PERMIT AN ADDENDUM WHICH
CONTAINS THE REVISIONS TO THE PART 70 PERMIT. THE ADDENDUM MAY
CONSIST OF ANY MINOR OR MAJOR NSR PERMIT, ANY SOURCE SPECIFIC SIP
REVISION, OR ANY ACTION SUBJECT TO PRIOR PUBLIC AND EPA REVIEW
TAKEN UNDER REGULATIONS IMPLEMENTING SECTION 112(g) OF THE ACT
THAT WAS ACTED ON UNDER THE MERGED PROCESS.
(3) SINGLE PERMITS. THE PROVISIONS OF PARAGRAPH (h)(2)(iv)
OF THIS SECTION DO NOT APPLY WITH RESPECT TO A PERMIT PROGRAM
WHICH PRODUCES A SINGLE PERMIT THAT CONTAINS ALL TERMS AND
CONDITIONS NEEDED TO MEET THE REQUIREMENTS OF PART 70 AND THE
REQUIREMENTS OF MAJOR OR MINOR NSR OR REGULATIONS IMPLEMENTING
SECTION 112(g) OF THE ACT AND NEEDED TO ASSURE COMPLIANCE WITH
ALL OTHER NEW OR DIFFERENT APPLICABLE REQUIREMENTS TO WHICH THE
CHANGE IS SUBJECT.
(4) PROGRAM PROVISIONS. THE PROGRAM MAY PROVIDE THAT THE
MERGED PROCESS PROCEDURES IN PARAGRAPH (h)(2) OF THIS SECTION MAY
BE PURSUANT TO REGULATIONS IMPLEMENTING EITHER TITLE V OR TITLE I
OF THE ACT.
(i) PERMIT SHIELD. THE PERMIT SHIELD UNDER 70.6(f) OF
THIS PART MAY BE GRANTED BY THE PERMITTING AUTHORITY ONLY FOR:
(1) PERMITS THAT FOLLOWED THE PERMIT ISSUANCE, REOPENING,
OR RENEWAL PROCESS;
(2) ANY SIGNIFICANT PERMIT REVISION; OR
(3) ANY MINOR PERMIT REVISION.
[(f)] (j) Reopening for cause.
(1) 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:
(i) Additional applicable requirements under the Act become
applicable to a major part 70 source with a remaining permit term
of 3 or more years. Such a reopening shall be completed not
later than 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 pursuant to 70.4(b)(10)(i) or (ii)
of this part.
(ii) Additional requirements (including excess emissions
requirements) become applicable to an affected source under the
acid rain program. Upon approval by the Administrator, excess
emissions offset plans shall be deemed to be incorporated into
the permit.
(iii) The permitting authority 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.
(iv) The Administrator or the permitting authority
determines that the permit must be revised or revoked to assure
compliance with the applicable requirements.
(2) 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, AND[. Such reopening] shall be made as
expeditiously as practicable. NOTWITHSTANDING THE PRECEDING
SENTENCE, PROCEEDINGS TO REOPEN FOR SECTION 112 STANDARDS MAY USE
THE FOLLOWING PROCEDURES:
(i) WHERE THE SECTION 112 STANDARD IS PROMULGATED AFTER
PERMIT ISSUANCE, ADMINISTRATIVE AMENDMENT PROCEDURES UNDER
70.7(e)(1)(iii) MAY BE USED.
(ii) THE SOURCE SHALL APPLY FOR A DE MINIMIS OR MINOR
PERMIT REVISION, AS APPROPRIATE, BY THE COMPLIANCE STATEMENT
DEADLINE TO INCORPORATE REQUIREMENTS AS SPECIFIED BY THE
COMPLIANCE STATEMENT NECESSARY TO ASSURE COMPLIANCE WITH THE
STANDARD AND TO INCORPORATE ANY OTHER PROVISIONS REQUIRED TO BE
INCORPORATED INTO THE PERMIT BY THE SECTION 112 STANDARD, UNLESS
THE SOURCE IS EXEMPTED FROM THIS REQUIREMENT UNDER PARAGRAPH
(III) OF THIS SECTION OR UNDER THE RULEMAKING PROMULGATING THE
SECTION 112 STANDARD.
(iii) SOURCES SUBJECT TO THE FOLLOWING SECTION 112
STANDARDS PROMULGATED AS OF [DATE OF PUBLICATION] ARE EXEMPT FROM
THE REQUIREMENTS IN PARAGRAPH (j)(2)(ii) OF THIS SECTION TO APPLY
FOR A MINOR PERMIT REVISION: NESHAP FOR INDUSTRIAL PROCESS
COOLING TOWERS.
(3) REOPENINGS UNDER PARAGRAPH [(f)](j)(1) of this section
shall not be initiated before a notice of such intent is provided
to the part 70 source by the permitting authority at least 30
days in advance of the date that the permit is to be reopened,
except that the permitting authority may provide a shorter time
period in the case of an emergency. WHERE REOPENING FOR SECTION
112 STANDARDS REQUIRES INITIAL NOTIFICATION BY THE SOURCE, AND
WHERE THE SOURCE HAS PROVIDED SUCH NOTIFICATION TO THE PERMITTING
AUTHORITY BY THE APPLICABLE DATE, THE PERMITTING AUTHORITY NEED
NOT PROVIDE THE NOTICE REQUIRED BY THE PRECEDING SENTENCE.
[(g)] (k) Reopenings for cause by EPA.
(1) If the Administrator finds that cause exists to
terminate, modify, or revoke and reissue a permit pursuant to
paragraph [(f)](j) of this section, the Administrator will notify
the permitting authority and the permittee of such finding in
writing.
(2) The permitting authority shall, within 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
90-day period for an additional 90 days if he OR SHE finds that a
new or revised permit application is necessary or that the
permitting authority must require the permittee to submit
additional information.
(3) The Administrator will review the proposed
determination from the permitting authority within 90 days of
receipt.
(4) The permitting authority shall have 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.
(5) If the permitting authority fails to submit a proposed
determination pursuant to paragraph [(g)](k)(2) of this section
or fails to resolve any objection pursuant to paragraph
[(g)](k)(4) of this section, the Administrator will terminate,
modify, or revoke and reissue the permit after taking the
following actions:
(i) Providing at least 30 days' notice to the permittee in
writing of the reasons for any such action. This notice may be
given during the procedures in paragraphs [(g)](k)(1) through (4)
of this section.
(ii) Providing the permittee an opportunity for comment on
the Administrator's proposed action and an opportunity for a
hearing.
[(h)] (l) Public participation. FOR ALL DE MINIMIS AND
NOTICE-ONLY PERMIT REVISIONS, THE PROGRAM SHALL PROVIDE IN A
GENERAL MANNER FOR PERIODIC NOTIFICATION TO THE PUBLIC OF THE
REVISIONS ON AT LEAST A QUARTERLY BASIS AND FOR PUBLIC ACCESS TO
THE RECORDS REGARDING SUCH REVISIONS. Except for modifications
qualifying [for minor permit modification procedures] AS
EXPEDITED PERMIT REVISIONS, all permit proceedings, including
initial permit issuance, MINOR PERMIT REVISIONS, significant
[modifications] PERMIT REVISIONS, and renewals, shall provide
adequate procedures for public notice including offering an
opportunity for public comment and a hearing on the draft permit.
These procedures shall include the following:
(1) Notice shall be given: by publication in a newspaper
of general circulation in the area where the source is located or
in a State publication designed to give general public notice; to
persons on a mailing list developed by the permitting authority,
including those who request in writing to be on the list; and by
other means if necessary to assure adequate notice to the
affected public;
(2) The notice shall identify the affected facility; the
name and address of the permittee; the name and address of the
permitting authority processing the permit; the activity or
activities involved in the permit action; the emissions change
involved in any permit [modification] REVISION; 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, including those set forth in 70.4(b)(3)(viii) of this
part, and all other materials available to the permitting
authority that are relevant to the permit decision; a brief
description of the comment procedures required by this part; and
the time and place of any hearing that may be held, including a
statement of procedures to request a hearing (unless a hearing
has already been scheduled);
(3) The permitting authority shall provide such notice and
opportunity for participation by affected States as is provided
for by 70.8 of this part;
(4) [Timing. ] EXCEPT FOR THE PROVISIONS OF PARAGRAPH (f)(2)
OF THIS SECTION, T[T]he permitting authority shall provide at
least 30 days for public comment and shall give notice of any
public hearing at least 30 days in advance of the hearing.
(5) The permitting authority 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
or her 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.
70.8 Permit review by EPA and affected States.
(a) Transmission of information to the Administrator.
(1) [The permit ](i) FOR PERMITS AND PERMIT RENEWALS, THE
PART 70 program shall require that the permitting authority
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 permitting authority to provide a copy of
the permit application (including the compliance plan) directly
to the Administrator. Upon agreement with the Administrator, the
permitting authority 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. To the extent practicable, the
preceding information shall be provided in computer-readable
format compatible with EPA's national database management
system.]
(ii) FOR MINOR OR SIGNIFICANT PERMIT REVISIONS, THE PART 70
PROGRAM SHALL REQUIRE THAT THE PERMITTING AUTHORITY PROVIDE TO
THE ADMINISTRATOR A COPY OF EACH PERMIT REVISION APPLICATION, AND
EACH PROPOSED AND FINAL PERMIT REVISION.
(iii) FOR EXPEDITED PERMIT REVISIONS, NO PERMIT
APPLICATIONS OR PERMIT REVISIONS ARE REQUIRED TO BE SUBMITTED TO
THE ADMINISTRATOR.
(iv) FOR ANY PERMIT OR PERMIT REVISION, UPON AGREEMENT WITH
THE ADMINISTRATOR, THE PERMITTING AUTHORITY MAY SUBMIT TO THE
ADMINISTRATOR AN APPLICATION SUMMARY FORM AND ANY RELEVANT
PORTION OF THE APPLICATION AND COMPLIANCE PLAN, IN PLACE OF THE
COMPLETE APPLICATION AND COMPLIANCE PLAN. TO THE EXTENT
PRACTICABLE, INFORMATION SUBMITTED TO THE ADMINISTRATOR SHALL BE
PROVIDED IN COMPUTER READABLE FORMAT COMPATIBLE WITH EPA'S
NATIONAL DATABASE MANAGEMENT SYSTEM.
(2) The Administrator may waive the requirements of
paragraphs (a)(1) and (b)(1) of this section for any category of
sources (including any class, type, or size within such category)
other than major sources according to the following:
(i) By regulation for a category of sources nationwide, or
(ii) At the time of approval of a State program for a
category of sources covered by an individual permitting program.
(3) Each State permitting authority shall keep for 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
this part.
(b) Review by affected States. ELIGIBLE INDIAN TRIBES MAY
BE CONSIDERED AFFECTED STATES UNDER THIS PARAGRAPH. INDIAN
TRIBES ARE NOT REQUIRED TO SUBMIT A PART 70 PROGRAM FOR THE
LIMITED PURPOSE OF BEING CONSIDERED AN AFFECTED STATE UNDER THIS
PARAGRAPH.
(1) FOR PURPOSES OF PARAGRAPH (b) of this section, AN
ELIGIBLE INDIAN TRIBE WILL BE CONSIDERED AN AFFECTED STATE IF IT
ADMINISTERS A TRIBAL PROGRAM, WHICH MAY CONSIST SOLELY OF
REVIEWING PERMIT ACTIONS OF NEIGHBORING JURISDICTIONS AS AN
AFFECTED STATE, AND MEETS THE CRITERIA OF PARAGRAPHS (1) AND (2)
OF THE DEFINITION OF "AFFECTED STATE" SET FORTH IN 70.2 OF THIS
PART.
[(1)] (2) The permit program shall provide that the
permitting authority give notice of each draft permit OR DRAFT
PERMIT REVISION (INCLUDING ANY PROPOSED ACTION PURSUANT TO A
PRIOR STATE REVIEW PROGRAM, AS RELEVANT) to any affected State on
or before the time that the permitting authority provides this
notice to the public under 70.7[(h)] of this part.[, except to
the extent 70.7(e)(2) or (3) of this part requires the timing of
the notice to be different.] WHERE 70.7 DOES NOT REQUIRE PRIOR
PUBLIC NOTICE OF A PERMIT REVISION, THE PERMITTING AUTHORITY
SHALL GIVE NOTICE TO THE AFFECTED STATE OF THE FINAL PERMIT
REVISION ON OR BEFORE THE TIME THAT THE PERMITTING AUTHORITY
PROVIDES THIS NOTICE TO THE PUBLIC UNDER 70.7.
[(2)] (3) The permit program shall provide that the
permitting authority, as part of the submittal of [the] ANY
proposed permit OR PROPOSED PERMIT REVISION to the Administrator
[(or as soon as possible after the submittal for minor permit
modification procedures allowed under 70.7(e)(2) or (3) of this
part),] shall notify the Administrator and any affected State in
writing of any refusal by the permitting authority to accept all
recommendations for the proposed permit that the affected State
submitted during the public [or[ AND affected State review
period. The notice shall include the permitting authority's
reasons for not accepting any such recommendation. The
permitting authority is not required to accept recommendations
that are not based on applicable requirements or the requirements
of this part.
(c) EPA objection. FOR PURPOSES OF STATE PROGRAMS APPROVED
UNDER PART 70 AS PROMULGATED ON JULY 21, 1992, 70.8(c) OF THIS
PART AS PROMULGATED ON JULY 21, 1992 SHALL APPLY. FOR PURPOSES
OF STATE PROGRAMS APPROVED UNDER PART 70 AS REVISED ON [DATE OF
FINAL RULEMAKING], 70.8(c) OF THIS PART AS PROMULGATED ON [DATE
OF FINAL RULEMAKING] SHALL APPLY.
(1) EXCEPT AS PROVIDED BY PARAGRAPHS (c)(5) THROUGH (c)(7)
OF THIS SECTION, T[T]he Administrator will object to the issuance
of any proposed permit OR ANY PERMIT REVISION determined by the
Administrator not to be in compliance with applicable
requirements or requirements under this part. No permit OR
PERMIT REVISION for which an application must be transmitted to
the Administrator under paragraph (a) of this section shall be
issued if the Administrator objects to its issuance in writing
[within] during a 45-day[s of receipt of the proposed permit and
all necessary supporting in formation.] EPA REVIEW PERIOD. THE
ADMINISTRATOR MAY INDICATE THAT HE OR SHE WILL NOT OBJECT TO THE
PERMIT OR PERMIT REVISION PRIOR TO THE END OF THE 45-DAY REVIEW
PERIOD. THE REVIEW PERIOD SHALL COMMENCE UPON:
(i) IN THE CASE OF INITIAL PERMIT ISSUANCE, PERMIT
RENEWALS, AND MINOR OR SIGNIFICANT PERMIT REVISIONS, RECEIPT OF
THE PROPOSED PERMIT OR PROPOSED PERMIT REVISION AND ALL NECESSARY
SUPPORTING INFORMATION; OR
(ii) IN THE CASE OF PERMIT REVISIONS PROCESSED UNDER THE
MERGED PROGRAM PROVISIONS OF 70.7(h) OF THIS PART, THE
BEGINNING OF THE PUBLIC COMMENT PERIOD FOR SUCH REVISIONS
(ALTHOUGH THE ADMINISTRATOR MAY OBJECT WITHIN 45 DAYS OF RECEIPT
OF THE FINAL PERMIT REVISION FOR DEFECTS THAT WERE NOT REASONABLY
APPARENT IN THE DRAFT PERMIT SUBMITTED FOR PUBLIC REVIEW).
(2) Any EPA objection under [paragraph (c)(1) of] this
section 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.
(3) Failure of the permitting authority to do any of the
following also shall constitute grounds for an objection:
(i) Comply with paragraphs (a) or (b) of this section;
(ii) Submit any information necessary to review adequately
the proposed permit; or
(iii) Process the permit OR PERMIT REVISION under the
procedures approved to meet THE REQUIREMENTS OF 70.7[(h)] of
this part [except for minor permit modifications].
(4) If the permitting authority fails, within 90 days after
the date of an objection under paragraph (c)(1) of this section,
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 this Act.
(5) THE ADMINISTRATOR SHALL NOT OBJECT TO ANY EXPEDITED
PERMIT REVISION FOR A CHANGE APPROVED BY EPA IN A PART 70 PROGRAM
AS ELIGIBLE FOR PROCESSING AS AN EXPEDITED PERMIT REVISION.
(6) THE ADMINISTRATOR WILL NOT OBJECT TO CASE-BY-CASE
TECHNOLOGY DETERMINATIONS MADE IN STATE PRECONSTRUCTION PERMITS
THAT MEET THE FOLLOWING CRITERIA:
(i) The permit contains all applicable requirements and
part 70 requirements to which the source is subject as a result
of the change;
(ii) THE NEW OR REVISED PERMIT TERMS AND CONDITIONS ARE
ENFORCEABLE AS A PRACTICAL MATTER;
(iii) SUBSTANTIVE AND PROCEDURAL REQUIREMENTS OF THE STATE
IMPLEMENTATION PLAN HAVE BEEN MET; AND
(iv) THE ADMINISTRATOR DOES NOT FIND THE DETERMINATION TO BE
ARBITRARY AND CAPRICIOUS.
(7) THE ADMINISTRATOR WILL NOT OBJECT TO A PROPOSED PERMIT
OR PERMIT REVISION ON GROUNDS THAT PROCEDURAL REQUIREMENTS WERE
NOT FOLLOWED UNLESS THE ADMINISTRATOR DETERMINES THAT THE FAILURE
TO FOLLOW PROCEDURES WAS SO SERIOUS AND OF CENTRAL RELEVANCE THAT
IT IS VERY LIKELY THAT THE PERMIT WOULD HAVE BEEN SIGNIFICANTLY
CHANGED IF PROCEDURES HAD BEEN FOLLOWED.
(d) Public petitions to the Administrator. (1) The
program shall provide that, if the Administrator does not object
in writing BY THE EXPIRATION OF THE APPLICABLE REVIEW PERIOD
SPECIFIED IN [under] paragraph (c) of this section, any person
may petition the Administrator TO MAKE SUCH OBJECTION within 60
days after the expiration of the APPLICABLE [Administrator's 45-day review period to make
such objection]. THE PROGRAM SHALL
ALSO PROVIDE THAT THE PUBLIC HAVE ACCESS TO INFORMATION
CONCERNING THE BEGINNING AND EXPIRATION OF EPA'S REVIEW PERIOD AS
REQUIRED FOR PERMIT ISSUANCE, REVISIONS, REOPENINGS, AND RENEWALS
PURSUANT TO 70.7 OF THIS PART.
(2) Any [such] petition shall be based only on objections
to the permit that were raised with reasonable specificity during
[the ]ANY public comment period provided for in 70.7[(h)] of
this part, 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.
(3) If the Administrator objects to the permit as a result
of a petition filed under this paragraph, the permitting
authority 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 SPECIFIED
IN PARAGRAPH (c) OF THIS SECTION and prior to an EPA objection.
(4) If the permitting authority has issued a permit OR A
MINOR OR SIGNIFICANT PERMIT REVISION prior to receipt of an EPA
objection under this paragraph, the Administrator will modify,
terminate, or revoke such permit, and shall do so consistent with
the procedures FOR PERMIT ISSUANCE OR FOR PERMIT REVISIONS in
70.7(f)(2) or (g)(2)[(g)(4) or (5)(i) and (ii)] of this part AS
APPROPRIATE except in unusual circumstances, and the permitting
authority 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.
(e) Prohibition on default issuance. Consistent with
70.4(b)(3)(ix) of this part, for the purposes of Federal law and
title V of the Act, no State program may provide that a part 70
permit or a minor or significant permit revision [(including a
permit renewal or modification)] will issue until affected States
and EPA have had an opportunity to review the [proposed] permit
or permit revision as required under this section unless the
procedures for minor permit revisions as part of the approved
part 70 program do not provide for affected State review prior to
permit issuance. When the program is submitted for EPA review,
the State Attorney General or independent legal counsel shall
certify that no applicable provision of State law requires that a
part 70 permit or renewal be issued after a certain time if the
permitting authority has failed to take action on the application
(or includes any other similar provision providing for default
issuance of a permit), unless EPA has waived such review for EPA
and affected States. NOTWITHSTANDING THIS PROHIBITION ON DEFAULT
PERMIT ISSUANCE, PERMITS MAY BE REVISED ON A DEFAULT BASIS
CONSISTENT WITH THE PROCEDURES IN 70.7(e).
70.9 Fee determination and certification.
(a) Fee Requirement. The State program shall require that
the owners or operators of part 70 sources pay annual fees, or
the equivalent over some other period, that are sufficient to
cover the permit program costs and shall ensure that any fee
required by this section will be used solely for permit program
costs.
(b) Fee schedule adequacy.
(1) The State program shall establish a fee schedule that
results in the collection and retention of revenues sufficient to
cover the permit program costs. These costs include, but are not
limited to, the costs of the following activities as they relate
to the operating permit program for stationary sources:
(i) Preparing generally applicable regulations or guidance
regarding the permit program or its implementation or
enforcement;
(ii) Reviewing and acting on any application for a permit,
permit revision, or permit renewal, including the development of
an applicable requirement as part of the processing of a permit,
or permit revision or renewal;
(iii) General administrative costs of running the permit
program, including the supporting and tracking of permit
applications, compliance certification, and related data entry;
(iv) Implementing and enforcing the terms of any part 70
permit (not including any court costs or other costs associated
with an enforcement action), including adequate resources to
determine which sources are subject to the program;
(v) Emissions and ambient monitoring;
(vi) Modeling, analyses, or demonstrations;
(vii) Preparing inventories and tracking emissions; and
(viii) Providing direct and indirect support to sources
under the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program contained in
section 507 of the Act in determining and meeting their
obligations under this part.
(2)(i) The Administrator will presume that the fee schedule
meets the requirements of paragraph (b)(1) of this section if it
would result in the collection and retention of an amount not
less than $25 per year (as adjusted pursuant to the criteria set
forth in paragraph (b)(2)(iv) of this section) times the total
tons of the actual emissions of each regulated pollutant (for
presumptive fee calculation) emitted from part 70 sources.
(ii) The State may exclude from such calculation:
(A) The actual emissions of sources for which no fee is
required under paragraph (b)(4) of this section;
(B) The amount of a part 70 source's actual emissions of
each regulated pollutant (for presumptive fee calculation) that
the source emits in excess of four thousand (4,000) tpy;
(C) A part 70 source's actual emissions of any regulated
pollutant (for presumptive fee calculation), the emissions of
which are already included in the minimum fees calculation; or
(D) The insignificant quantities of actual emissions not
required in a permit application pursuant to 70.5(c) of this
part.
(iii) "Actual emissions" means the actual rate of emissions
in tons per year of any regulated pollutant (for presumptive fee
calculation) emitted from a part 70 source over the preceding
calendar year or any other period determined by the permitting
authority to be representative of normal source operation and
consistent with the fee schedule approved pursuant to this
section. Actual emissions shall be calculated using the unit's
actual operating hours, production rates, and in-place control
equipment, types of materials processed, stored, or combusted
during the preceding calendar year or such other time period
established by the permitting authority pursuant to the preceding
sentence.
(iv) The program shall provide that the $25 per ton per
year used to calculate the presumptive minimum amount to be
collected by the fee schedule, as described in paragraph
(b)(2)(i) of this section, shall be increased each year by the
percentage, if any, by which the Consumer Price Index for the
most recent calendar year ending before the beginning of such
year exceeds the Consumer Price Index for the calendar year 1989.
(A) The Consumer Price Index for any calendar year is the
average of the Consumer Price Index for all-urban consumers
published by the Department of Labor, as of the close of the 12-month period ending on August
31 of each calendar year.
(B) The revision of the Consumer Price Index which is most
consistent with the Consumer Price Index for the calendar year
1989 shall be used.
(3) The State program's fee schedule may include emissions
fees, application fees, service-based fees or other types of
fees, or any combination thereof, to meet the requirements of
paragraph (b)(1) or (b)(2) of this section. Nothing in the
provisions of this section shall require a permitting authority
to calculate fees on any particular basis or in the same manner
for all part 70 sources, all classes or categories of part 70
sources, or all regulated air pollutants, provided that the
permitting authority collects a total amount of fees sufficient
to meet the program support requirements of paragraph (b)(1) of
this section.
(4) Notwithstanding any other provision of this section,
during the years 1995 through 1999 inclusive, no fee for purposes
of title V shall be required to be paid with respect to emissions
from any affected unit under section 404 of the Act.
(5) The State shall provide a detailed accounting that its
fee schedule meets the requirements of paragraph (b)(1) of this
section if:
(i) The State sets a fee schedule that would result in the
collection and retention of an amount less than that presumed to
be adequate under paragraph (b)(2) of this section; or
(ii) The Administrator determines, based on comments
rebutting the presumption in paragraph (b)(2) of this section or
on his own initiative, that there are serious questions regarding
whether the fee schedule is sufficient to cover the permit
program costs.
(c) Fee demonstration. The permitting authority shall
provide a demonstration (AND PERIODIC UPDATES AS REQUIRED BY THE
ADMINISTRATOR) that the fee schedule selected will result in the
collection and retention of fees in an amount sufficient to meet
the requirements of this section.
(d) Use of Required Fee Revenue. The Administrator will
not approve a demonstration as meeting the requirements of this
section, unless it contains an initial accounting (and periodic
updates as required by the Administrator) of how required fee
revenues are used solely to cover the costs of meeting the
various functions of the permitting program.
70.10 Federal oversight and sanctions.
(a) Failure to submit an approvable program.
(1) If a State fails to submit a [fully-approvable whole]
COMPLETE part 70 program IN A TIMELY MANNER, or a required
revision thereto (INCLUDING REVISIONS TO CORRECT DEFICIENCIES OF
A PROGRAM THAT THE ADMINISTRATOR HAD GRANTED INTERIM APPROVAL),
in conformance with the provisions of 70.4 of this part, or if
[an interim approval expires and the Administrator has not
approved a whole part 70 program] THE ADMINISTRATOR DISAPPROVES A
SUBMITTED PROGRAM:
(i) [At any time t]The Administrator may, PRIOR TO THE
EXPIRATION OF THE 18-MONTH PERIOD REFERRED TO IN PARAGRAPH
(a)(1)(ii) OF THIS SECTION, apply any one of the sanctions
specified in section 179(b) of the Act; and
(ii) Eighteen months after the date required for submittal
or 18 months after the date of disapproval [by the
Administrator], whichever is applicable the Administrator will
apply [such] sanctions under section 179(b) of the Act in the
same manner and subject to the same deadlines and other [with the
same] conditions as are applicable in the case of a
determination, disapproval, or finding under section 179(a) of
the Act.
(2) THE SANCTIONS UNDER SECTION 179(b)(2) OF THE ACT SHALL
NOT APPLY PURSUANT TO PARAGRAPH (1) OF THIS SECTION IN ANY AREA
UNLESS THE AREA HAS BEEN DESIGNATED A NONATTAINMENT AREA UNDER
PART D OF TITLE I OF THE ACT.
[(2) ](3) [If full approval of a whole part 70 program has
not taken place within 2 years after the date required for such
submission, t]The Administrator will promulgate, administer, and
enforce a whole program or a partial program as appropriate for
such State[.] WHEN:
(i) FULL APPROVAL OF A WHOLE PART 70 PROGRAM HAS NOT BEEN
GRANTED BY NOVEMBER 15, 1995, EXCEPT FOR PROGRAMS GRANTED INTERIM
APPROVAL; OR
(ii) FOR PROGRAMS GRANTED INTERIM APPROVAL, THAT APPROVAL
HAS EXPIRED AFTER NOVEMBER 15, 1995 AND EPA HAS NOT GRANTED FULL
APPROVAL OF A WHOLE PART 70 PROGRAM.
(4) THE REQUIREMENTS OF PARAGRAPHS (a)(1) AND (a)(3) OF
THIS SECTION SHALL NOT APPLY TO INDIAN TRIBES AND TRIBAL
PROGRAMS.
(b) State failure to administer or enforce. Any State
program approved by the Administrator shall at all times be
conducted in accordance with the requirements of this part and of
any agreement between the State and the Administrator concerning
operation of the program.
(1) Whenever the Administrator makes a determination that a
permitting authority is not adequately administering or enforcing
a part 70 program, or any portion thereof, the Administrator will
notify the permitting authority of the determination and the
reasons therefore. The Administrator will publish such notice in
the FEDERAL REGISTER.
(2) If, 90 days after issuing the notice under paragraph
[(c)](b)(1) of this section, the permitting authority fails to
take significant action to assure adequate administration and
enforcement of the program, the Administrator may take one or
more of the following actions:
(i) Withdraw approval of the program or portion thereof
using procedures consistent with 70.4(e) of this part;
(ii) Apply any of the sanctions specified in section 179(b)
of the Act;
(iii) Promulgate, administer, or enforce a Federal program
under title V of the Act.
(3) Whenever the Administrator has made the finding and
issued the notice under paragraph [(c)](b)(1) of this section,
the Administrator will apply the sanctions under section 179(b)
of the Act 18 months after that notice. These sanctions will be
applied in the same manner and subject to the same deadlines and
other conditions as are applicable in the case of a
determination, disapproval, or finding under section 179(a) of
the Act.
(4) Whenever the Administrator has made the finding and
issued the notice under paragraph [(c)](b)(1) of this section,
the Administrator will, unless the State has corrected such
deficiency within 18 months after the date of such finding,
promulgate, administer, and enforce, a whole or partial program 2
years after the date of such finding.
(5) Nothing in this section shall limit the Administrator's
authority to take any enforcement action against a source for
violations of the Act or of a permit issued under rules adopted
pursuant to this section in a State that has been delegated
responsibility by EPA to implement a Federal program promulgated
under title V of the Act.
(6) Where a whole State program consists of an aggregate of
partial programs, and one or more partial programs fails to be
fully approved or implemented, the Administrator may apply
sanctions only in those areas for which the State (EXCLUDING
INDIAN TRIBES) failed to submit or implement an approvable
program.
(c) Criteria for withdrawal of State programs.
(1) The Administrator may[, in accordance with the
procedures of paragraph (c) of this section,] withdraw program
approval in whole or in part whenever the approved program no
longer complies with the requirements of this part, and the
permitting authority fails to take corrective action. Such
circumstances, in whole or in part, include any of the following:
(i) Where the permitting authority's legal authority no
longer meets the requirements of this part, including the
following:
(A) The permitting authority fails to promulgate or enact
new authorities when necessary; or
(B) The State legislature or a court strikes down or limits
State authorities to administer or enforce the State program.
(ii) Where the operation of the State program fails to
comply with the requirements of this part, including the
following:
(A) Failure to exercise control over activities required to
be regulated under this part, including failure to issue permits;
(B) Repeated issuance of permits that do not conform to the
requirements of this part;
(C) Failure to comply with the public participation
requirements of 70.7[(h)] of this part;
(D) Failure to collect, retain, or allocate fee revenue
consistent with 70.9 of this part; or
(E) Failure in a timely way to act on any applications for
permits including renewals and revisions.
(iii) Where the State fails to enforce the part 70 program
consistent with the requirements of this part, including the
following:
(A) Failure to act on violations of permits or other
program requirements;
(B) Failure to seek adequate enforcement penalties and
fines and collect all assessed penalties and fines; or
(C) Failure to inspect and monitor activities subject to
regulation.
(d) Federal collection of fees. If the Administrator
determines that the fee provisions of a part 70 program do not
meet the requirements of 70.9 of this part, or if the
Administrator makes a determination under paragraph (c)(1) of
this section that the permitting authority is not adequately
administering or enforcing an approved fee program, the
Administrator may, in addition to taking any other action
authorized under title V of the Act, collect reasonable fees to
cover the Administrator's costs of administering the provisions
of the permitting program promulgated by the Administrator,
without regard to the requirements of 70.9 of this part.
70.11 Requirements for enforcement authority.
EXCEPT FOR TRIBAL PROGRAMS, WITH RESPECT TO CRIMINAL
ENFORCEMENT MATTERS ONLY, UNDER WHICH THE TRIBE SHALL ENTER INTO
A FORMAL MEMORANDUM OF AGREEMENT WITH EPA TO PROVIDE FOR THE
TIMELY REFERRAL OF CRIMINAL ENFORCEMENT MATTERS TO THE
APPROPRIATE EPA REGIONAL ADMINISTRATOR, A[A]ll programs to be
approved under this part must contain the following provisions:
(a) Enforcement authority. Any agency administering a
program shall have the following enforcement authority to address
violations of program requirements by part 70 sources:
(1) To restrain or enjoin immediately and effectively any
person by order or by suit in court from engaging in any activity
in violation of a permit that is presenting an imminent and
substantial endangerment to the public health or welfare, or the
environment.
(2) To seek injunctive relief in court to enjoin any
violation of any program requirement, including permit
conditions, without the necessity of a prior revocation of the
permit.
(3) To assess or sue to recover in court civil penalties
and to seek criminal remedies, including fines, according to the
following:
(i) Civil penalties shall be recoverable for the violation
of any applicable requirement; any permit condition; any fee or
filing requirement; any duty to allow or carry out inspection,
entry or monitoring activities or, any regulation or orders
issued by the permitting authority. These penalties shall be
recoverable in a maximum amount of not less than $10,000 per day
per violation. State law shall not include mental state as an
element of proof for civil violations FOR WHICH PENALTIES UP TO
$10,000 PER DAY PER VIOLATION ARE RECOVERABLE.
(ii) Criminal fines shall be recoverable against any person
who knowingly violates any applicable requirement; any permit
condition; or any fee or filing requirement. These fines shall
be recoverable in a maximum amount of not less than $10,000 per
day per violation.
(iii) Criminal fines shall be recoverable against any
person who knowingly makes any false material statement,
representation or certification in any form, in any notice or
report required by a permit, or who knowingly renders inaccurate
any required monitoring device or method. These fines shall be
recoverable in a maximum amount of not less than $10,000 per day
per violation.
(b) Burden of proof. The burden of proof and degree of
knowledge or intent required under State law for establishing
violations under paragraph (a)(3) of this section shall be no
greater than the burden of proof or degree of knowledge or intent
required under the Act.
(c) Appropriateness of penalties and fines. A civil
penalty or criminal fine assessed, sought, or agreed upon by the
permitting authority under paragraph (a)(3) of this section shall
be appropriate to the violation.
APPENDIX B -
FEDERAL RULES ELIGIBLE FOR NOTICE-ONLY PROCEDURES
Use this appendix to determine if a change you make at your
facility that is subject to federally-promulgated NSPS or NESHAP
requirements is eligible for the notice-only procedures of 70.7
(e)(2). For nonfederal requirements, contact your State or
local permit authority.
_________________________________________________________________
Use this appendix only if all of the following 4 things apply:
1) you install a new unit or modify an existing unit,
2) you are allowed to install or modify the unit without
prior approval by the State or local permit authority,
3) the change is not required to use significant or minor
permit revision procedures, and
4) the new or modified unit is subject to federally-promulgated NSPS or NESHAP
requirements.
Then, if the NSPS or NESHAP requirements are included in the
following tables, you may use notice-only procedures.
_________________________________________________________________
IMPORTANT: EPA has made no effort to determine if the facilities
included below are subject to preconstruction review
requirements. Check with your permitting authority to determine
if a preconstruction permit is needed prior to construction.
_________________________________________________________________
NEW SOURCE PERFORMANCE STANDARDS (NSPS), 40 CFR Part 60
SUBPART DESCRIPTION UNITS AFFECTED
K Storage vessels for petroleum liquids constructed between
6/11/73 and 5/18/78
Ka Storage vessels for petroleum liquids constructed between
5/19/78 and 7/23/84
R Primary lead smelters Blast furnace, reverberatory furnace,
sintering machines, electric melt furnace, converter
S Primary aluminum reduction plants Potroom groups, anode bake
plants
V Phosphate fertilizer industry; triple superphosphate plants Reactors, granulators, dryers, coolers, screens, mills
XX Bulk gasoline terminals Loading racks
DDD VOC emissions from polymer industry
FFF Flexible vinyl and urethane coating and printing Printing
lines
GGG Equipment leaks of VOC in petroleum refineries
HHH Synthetic fiber production facilities Fiber processing
III SOCMI air oxidation unit processes, VOC emissions Reactors
and recovery systems
KKK Equipment leaks of VOC from onshore natural gas processing
Compressors and other equipment
LLL Onshore natural gas processing; SO2 emissions Sweetening
units
NNN VOC emissions from SOCMI distillation operations Distillation
units
OOO Nonmetallic minerals processing plants Crushers, grinders,
screens, conveyors, other material handling operations
PPP Wool fiberglass insulation manufacturing operations Rotary
spin wool fiberglass lines
TTT Surface coating of plastic parts for business machines Spray
booths
UUU Calciners and dryers in mineral industries
NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
(NESHAP), 40 CFR PART 61
F Vinyl chloride Ethylene dichloride plants, vinyl chloride
plants, polyvinyl chloride plants
J Equipment leaks of benzene
K Radionuclide emissions from elemental phosphorous plants
Calciners and nodulizing kilns
N Inorganic arsenic from glass manufacturing plants Copper
converters with charge rate > 75 kg/hr, copper smelters
R Radon emissions from phosphogypsum stacks Phosphogypsum stacks
T Radon from disposal of uranium mill tailings Uranium mill
tailings disposal sites
W Radon from operating mill tailings Facilities licensed to
manage uranium byproduct materials
_________________________________________________________________
The following NSPS standards are eligible for notice-only
procedures if you state in the notice that you will use the
monitoring methods specified in the NSPS to demonstrate
compliance with the applicable standard. If you are subject to
the following NSPS and intend to demonstrate compliance using
methods other than those in the applicable NSPS, you are not
eligible for notice-only procedures.
NEW SOURCE PERFORMANCE STANDARDS (NSPS), 40 CFR PART 60
D Fossil fuel steam generators Fossil fuel steam generators
Da Electric steam generating units Electric steam generating
units
Db Industrial, commercial and institutional steam generating
units Steam generating units
Dc Small industrial, commercial and institutional steam
generating units Steam generating units
E Incinerators Incinerators
G Nitric acid plants Nitric acid plants
H Sulfuric acid plants Sulfuric acid plants
J Petroleum refineries PCCU regenerators flue gas regenerators
Claus sulfur recovery plant
Kb VOL storage vessels constructed after 7/23/84
Vessels >151m3 with TVP >5.2kPa or vessels 75m3 to 151m3 with TVP
27.6 to 76.6kPa
N Basic oxygen process furnaces
Na Basic oxygen process furnaces steelmaking facilities Top blow
BOPF's, hot metal transfer and skimming
O Sewage treatment plants Incinerators, all Multiple hearth,
fluidized bed or electric incinerators
P Primary copper smelters Dryer Roaster, furnace, converter
Q Primary zinc smelters Sintering machines Roaster
T Phosphate fertilizer industry; wet process phosporic acid
plants Reactors, fillers, evaporators, hot wells
U Phosphate fertilizer industry; superphosporic acid plants
Evaporators, hot wells, acid sumps, cooling tanks
W Phosphate fertilizer industry; superphosporic acid plants
Mixers, curing belts, reactors, granulators, dryers, cookers,
screens, mills
X Phosphate fertilizer industry; granular triple superphosphate
storage facilities Curing piles, conveyors, elevators, screens,
mills
Y Coal preparation plants >200 tons/day Dryers, pneumatic coal
cleaning equipment, and coal processing, conveying and handling
systems
AA Steel plants: EAF's and oxygen decarburization vessels before
August 17, 1983 EAFs, oxygen decarb vessels, dust handling
systems
AAa Steel plants: EAF's and oxygen decarburization vessels after
August 17, 1983 EAFs, oxygen decarb vessels, dust handling
systems
BB Kraft pulp mills PM and KRS from recovery furnaces, smelt
dissolving tanks, lime kilns KRS from digesters, brown stock
washers, evaporators, condensate strippers
CC Glass manufacturing plants Glass melting units
EE Surface coating of metal furniture Coating operations
GG Stationary gas turbines
HH Lime,manufacturing plants Rotary lime kilns
KK Lead acid battery plants Any lead emitting operation
LL Metallic mineral processing plants Crushers, screens,
conveyors, dryers, packaging operations, loading, storage, etc.
MM Automobile and light duty truck surface coating operations
Coating operations
NN Phosphate rock plants with production capacity> 4 ton/hr
Dryers, calciners, grinders
QQ Graphic arts industry: publication rotogravure printing
Printing presses
RR Pressure sensitive tape and label surface coating operations
Coating lines
SS Industrial surface coating: large appliances Coating lines
TT Metal coil surface coating Coating operations
WW Beverage can surface coating industry Coating operations BBB Rubber tire manufacturing industry Michelin-B operation,
cementing, green tire spraying operations
JJJ Petroleum dry cleaning
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