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24.0528 Permit content.

Cite as [A.S.A.C. § 24.0528]

The Commission shall consider and incorporate the following elements in all stationary air pollution source permits, as applicable:

(1) Quantifiable emissions limitations and standards, including operational requirements and limitations, to ensure compliance with all applicable requirements at the time of issuance;

(2) Requirements regarding fugitive emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of “major source”;

(3) The origin of and authority for each term or condition and any differences in form as compared to the applicable requirement upon which the term or condition is based;

(4) The permit term pursuant to section 24.0529;

(5) Requirements for the installation of devices, at the expense of the owner, for the measurement or analysis of source emissions or ambient concentration of air pollutants;

(6) The requirement for source emissions tests or alternative methodology to determine compliance with all terms and conditions of the stationary air pollution source permit, and applicable requirements. Source emission tests conducted or alternative methodology used shall be at the expense of the owner or operator;

(7) All monitoring and related recordkeeping and reporting requirements to assure compliance with all terms and conditions of the permit. Each stationary air pollution source permit shall address the following with respect to monitoring, record keeping, and reporting:

(A) All reporting, emissions monitoring and analysis procedures, or test methods required pursuant to the applicable requirements, including any procedures or methods promulgated pursuant to Section 114(a)(3) or 504(b) of the Clean Air Act;

(B) If the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring, periodic monitoring or recordkeeping sufficient to yield reliable data from the relevant time period that is representative of the source’s compliance with the permit;

(C) Monitoring results expressed in units, averaging periods, and other statistical conventions consistent with the applicable requirements;

(D) Requirements concerning the use, maintenance, and installation of monitoring equipment. The installation, operation, and maintenance of the monitoring equipment shall be at the expense of the owner or operator;

(E) Appropriate monitoring methods;

(F) Monitoring records including:

(i) Place as defined in the permit, date, and time of sampling or measurement;

(ii) Dates the analyses were performed;

(iii) The name and address of the company or entity that performs analyses;

(iv) Analytical methods or techniques used;

(v) Analyses results; and

(vi) Operating conditions during the time of sampling or measurement;

(G) Other records including support information, such as calibration and maintenance records, original strip chart recordings or computer printouts for continuous monitoring instrumentation, and all other reports required by the Commission;

(H) A requirement for the retention of records of all required monitoring data and support information for a period of at least five 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;

(I) A requirement for submission of reports of any required monitoring at least every six months. Deviations from the permit requirements shall be clearly identified and addressed in these reports;

(J) A requirement for 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 term “prompt” shall be delineated on a permit-by-permit basis in relation to the degree and type of deviation likely to occur and the applicable requirements; and

(K) provisions for the owner or operator to annually report, in writing, emissions of hazardous air pollutants;

(8) Pollution prevention audits and the implementation of pollution prevention measures to ensure that emissions are reduced or eliminated when feasible;

(9) General provisions including:

(A) A statement that the owner or operator shall comply with the terms and conditions of its permit and that any permit noncompliance constitutes a violation of these Standards and Regulations and, for all federally enforceable terms or conditions, the Clean Air Act, and is grounds for enforcement action, permit termination, suspension, reopening, or amendment, or for denial of a permit renewal application;

(B) A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portion of the permit;

(C) A statement that 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 to maintain compliance with the terms and conditions of the permit;

(D) A statement that the permit may be terminated, suspended, reopened, or amended for cause pursuant to section 24.0538. The filing of a request by the permittee for a permit termination, suspension, reopening, or amendment, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition;

(E) A statement that the permit does not convey any property rights of any sort, or any exclusive privilege;

(F) A provision that the owner or operator shall notify the Commission in writing of the anticipated date of initial start-up for each emission unit of a new air pollution emission source or significant modification not more than sixty days or less than thirty days prior to such date. The Commission shall also be notified in writing of the actual date of construction commencement and start-up within fifteen days after these dates;

(G) A statement that the owner or operator shall furnish in a timely manner any information or record requested in writing by the Commission to determine whether cause exists for terminating, suspending, reopening, or amending the permit, or to determine compliance with the permit. Upon request, the permittee shall also furnish copies of records required to be kept by the permit.

(H) A requirement that a copy of applicable correspondence or records submitted to the Commission be provided to USEPA pursuant to section 24.0532.

(I) A provision for the designation of confidentiality of any records to be afforded confidentiality pursuant to section 24.0505.

(J) A requirement that the owner or operator shall submit fees in accordance with sections 24.0540 and 24.0541;

(K) Certification requirements pursuant to section 24.0504.

(L) A requirement that the owner or operator allow the director or an authorized representative, at least once per calendar year or at any other time upon presentation of credentials or other documents required by law:

(i) To enter the owner or operator’s premises where a source is located or emission-related activity is conducted, or where records must be kept under the conditions of the permit and inspect at reasonable times all facilities, equipment, including monitoring and air pollution control equipment, practices, operations, or records covered under the terms and conditions of the permit and request copies of records or copy records required by the permit; and

(ii) To sample or monitor at reasonable times substances or parameters to assure compliance with the permit or applicable requirements;

(10) Compliance plan and compliance certification submittal requirements pursuant to section 24.0522.

(11) other provisions to assure compliance with all applicable requirements; and

(12) Any other provision the Commission imposes to further limit the construction and operation of the source. These conditions may include restrictions, control requirements, or performance standards normally reserved for air pollution emission sources with larger capacities than the air pollution emission source being permitted. In determining whether to impose more restrictive conditions, the Commission shall consider the relevant circumstances of each individual case, including the availability of a reasonable control technology, cleaner fuels, or a less polluting operating process; the consideration of the existing air quality and the resulting degradation; the protection of the public health, welfare and safety; and any information, assumptions, limitations, or statements make in conjunction with a permit application.

History: 2005