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Instructions

For

Model Part 70 Permit

Based On
40 CFR, PART 70
Operating Permit Program
Promulgated July 21, 1992

Review Draft
April,1995
DISCLAIMER

This model permit contains a suggested outline and format for organizing the contents of
Part 70 operating permits. It also contains general conditions from Part 70 that would apply to
all facilities subject to the program. Permitting authorities are not obligated to use this model
permit, nor to organize their permits in the same manner or format as this model permit.

NOTE:

Under Alternative Operating Scenarios ((II)(A)(1)(a)), we have received comments that
this is not a good example. This is the second example we have developed, if you feel you have
a better example, one page or less, feel free to sent to Gary Rust, U.S. EPA, MD#12, RTP,NC
27711, fax(919) 541-5509, phone (919) 541-0358.

TABLE OF CONTENTS

SECTION PAGE

DISCLAIMER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

I. PREFACE TO INSTRUCTIONS . . . . . . . . . . . . . . . . . . . . . . 1

II. SECTION-SPECIFIC INSTRUCTIONS . . . . . . . . . . . . . . . . . . . 1
A. Source Identification and Specific Conditions. . . . . . . . . 1
Emission Limits/Work Practice Standards. . . . . . . . . . . . 2
Testing Requirements . . . . . . . . . . . . . . . . . . . . . 4
Monitoring Requirements. . . . . . . . . . . . . . . . . . . . 5
Recordkeeping Requirements . . . . . . . . . . . . . . . . . . 7
Reporting Requirements . . . . . . . . . . . . . . . . . . . . 7
Compliance Certifications. . . . . . . . . . . . . . . . . . . 9
Compliance Schedule. . . . . . . . . . . . . . . . . . . . . . 9
Permit Shield. . . . . . . . . . . . . . . . . . . . . . . . . 10
B. General Conditions . . . . . . . . . . . . . . . . . . . . . . 11
Annual Fee Payment . . . . . . . . . . . . . . . . . . . . . . 11
Permit Renewal and Expiration. . . . . . . . . . . . . . . . . 11
Transfer of Ownership or Operation . . . . . . . . . . . . . . 12
Property Rights. . . . . . . . . . . . . . . . . . . . . . . . 12
Submissions. . . . . . . . . . . . . . . . . . . . . . . . . . 12
Inspection and Entry . . . . . . . . . . . . . . . . . . . . . 12
Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Excess Emissions Due to an Emergency (Optional Permit Condition) 13
Duty to Provide Information. . . . . . . . . . . . . . . . . . 13
Duty to Supplement . . . . . . . . . . . . . . . . . . . . . . 13
Reopening for Cause. . . . . . . . . . . . . . . . . . . . . . 14
Severability Clause. . . . . . . . . . . . . . . . . . . . . . 14
Off-Permit Changes (Optional). . . . . . . . . . . . . . . . . 14
Operational Flexibility. . . . . . . . . . . . . . . . . . . . 15
Equivalency Determination. . . . . . . . . . . . . . . . . . . 15

INSTRUCTIONS FOR MODEL PART 70 PERMIT

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I. PREFACE TO INSTRUCTIONS

The purpose of these instructions is to explain the use of the model Part 70 permit and
general conditions, and how it can be used in combination with specific conditions based on
applicable requirements to which the source may be subject to develop a complete Part 70 permit
for a facility that is required to obtain a permit under the permitting agency's Title V program.
(Specific-condition model permits are available from EPA for a limited number of source
categories.) The general conditions reflect provisions and requirements in Title 40, Part 70 of
the Code of Federal Regulations (57 FR 32250, July 21, 1992). They are for use under programs
approved under this rule. If and when EPA revises part 70, it will update these documents as
necessary. These instructions include the rationale for developing this model permit, and the
regulatory basis for the general condition.

II. SECTION-SPECIFIC INSTRUCTIONS

Section A. Source Identification and Specific Conditions

This section identifies the facility and contains specific conditions that the permittee must
meet. The first two columns of Table A-1 should clearly identify the facility and the units within
the facility to which the permit applies. Table A-1 should identify each process emission unit
at the facility by number and provide a brief description. The description should identify any
air pollution control equipment associated with the emission unit(s), and be consistent with
information submitted in the application. Part 70 does not define emissions unit, because the
meaning varies with the underlying applicable requirement. Decisions as to the specific meaning
of the term "emissions unit" in the permit rest with the permit authority.

In some cases, the permitting authority may find it helpful to include a process flow
diagram in conjunction with Table A-1 to aid in identifying the different emission units within
each process and show the physical location of the units and processes. Table A-1 also identifies
specific emission limits or operational requirements applicable to each emission unit and the
applicable regulation that is the basis of the requirements. Other specific conditions; such as
monitoring, emission testing, recordkeeping, and periodic reporting requirements; may be
contained in a table of similar format or displayed in a narrative fashion.

Not all of the types of conditions are required under every regulatory standard; the exact
provisions will depend on the applicable regulatory standards.

The EPA has published draft specific conditions model permits for a number of source
categories and pollutants. These documents could form the basis for a permit. The EPA's model
permits may be obtained from EPA's Technology Transfer Network Bulletin Board System by
dialing (919) 541-5742 with a computer modem. The model permits are located under the "Clean
Air Act/Title V: Operating Permits/Policy Guidance Documents" bulletin board. Note that these
model permit conditions incorporate all provisions that apply to a particular source category; if
you choose to use EPA's model permits, please ensure that you include only those conditions that
apply to the facility for which you are preparing a permit.

Section 70.6(a)(1) states that the permit must include emission limitations and standards,
including those operational requirements and limitations that assure compliance with all
applicable requirements at the time of permit issuance. Section 70.6(a)(3) requires the inclusion
of provisions pertaining to monitoring, recordkeeping, and reporting requirements.

State or local regulations not required under the Clean Air Act, such as odor or nuisance
regulations, should be specified in a permit as non-federally enforceable conditions.

The following discussion provides additional information on each type of specific
condition.

1. Emission Limits/Work Practice Standards

Emission limits and operational requirements, along with the regulatory basis for each
condition, should be stated for each pollutant at each emission unit where the same requirement
applies to more than one unit; however, emission units may be grouped together to avoid
repeating the same requirement for each unit (see example permit). Regulations should be cited
with enough specificity to show that the emission limit or other requirement applies to the
emission unit indicated. One way to identify State requirements as not federally-enforceable is
to mark them with an asterisk as shown in the example permit.

(a) Alternative Operating Scenarios

Section 70.6(a)(9) requires that the permit include terms and conditions for
"reasonably anticipated operating scenarios identified by the source in its
application." Alternative operating scenarios are modes of operation that a facility
may expect to use during the term of the permit that are subject to different permit
terms and conditions than the standard operating mode. These alternative terms
and conditions should be displayed in the table and identified as alternative
operating scenarios. In addition, in the recordkeeping section, the permit should
contain conditions requiring the permittee to record in a log any change in
operating scenarios at the time of the change. This log would be kept at the
facility.

The following example of alternative operating scenarios is from a 1988
prevention of significant deterioration (PSD) permit for a cogeneration plant with
three 75 megawatt (MW) gas-fired turbines, heat recovery steam generators, and
water injection for NOx control. The permit contains alternate operating scenarios
for different load conditions when firing natural gas and, in emergencies, fuel oil.
Due to the variability in operating parameters, continuous emission monitors are
required to ensure that the source complies with the emission limits in each
scenario. Only the NOx limits are presented for this example.

(1) NOx limits when firing natural gas: The source shall not discharge in
excess of:

the more stringent of 25.0 parts per million dry gas volume
(ppmvd) at 15 percent oxygen (O2) or 85.0 pounds per hour (3-hour
average) per turbine for loads greater than or equal to 75 percent
load capacity [best available control technology (BACT) limit];

the more stringent of 42.0 ppmvd at 15 percent O2 or 85.0 pounds
per hour (3-hour average) per turbine for loads less than 75 percent
but equal to or greater than 35 percent load capacity [BACT limit];
or

85.0 pounds per hour (3-hour average) per turbine for loads less
than 35 percent load capacity [BACT limit].

at all times, 75 ppmvd [new source performance standard (NSPS)
Subpart GG].

(2) NOx limits when firing distillate fuel oil: The source shall not discharge
in excess of:

the more stringent of 47.0 ppmvd at 15 percent O2 or 140 pounds
per hour (3-hour average) total for the three turbines at all
operating loads when oil firing [BACT limit]; or

at all times, 75 ppmvd (NSPS Subpart GG).

The permit also includes a requirement that the source maintain a
record of operating parameters that identifies the fuel and operating load
during each continuous emissions monitoring system (CEMS) sampling
period.

(b) Worst-Case Permitting

One way to avoid alternative operating scenarios is to permit under the
worst case scenario. For example, if a facility has the capability to operate several
processes but in practice operates only a few, you may write your permit assuming
that all processes will be operated. In this way, if the permittee deviates from the
terms of the permit by operating some but not other processes, the overall
objectives of emission control will still have been achieved. Such a circumstance
applies especially to equipment that can accommodate both batch processing as
well as continuous processing.

The authority for this provision is provided by 40 CFR 70.4(b)(12)(iii).
If the permit applicant requests it, the permitting authority must insert terms and
conditions to allow for the trading of emissions increases and decreases within the
facility for the purpose of complying with a federally-enforceable emissions cap
that has been established in the permit independent of otherwise applicable
requirements. Permit terms allowing trading within a cap shall assure compliance
with all applicable requirements. In addition, the applicant shall include in its
application proposed replicable procedures and permit terms that ensure the trades
are quantifiable and enforceable. The permit application shall not be required to
include in the trading provisions any emission units for which emissions are not
quantifiable or for which there are no replicable procedures to enforce the
emissions trade. If such terms and conditions are requested by the permittee,
these must be included in Table A-1.

2. Testing Requirements

(a) 40 CFR 70.6(a)(3)(i)(A) states that a permit must include all test methods
required under applicable requirements, including any procedures and methods
promulgated pursuant to Section 114(a)(3) or Section 504(b) of the Clean Air Act.

(b) All test methods should be specified and referenced. As an example:

"Tests shall be conducted in accordance with EPA Method 25.

"At least 20 days prior to performing a test, the permittee shall submit a test plan
to the permitting authority that describes the test duration, test locations, test
methods, source operation, and other parameters that may affect results."

(d) Specify how often testing should be performed.

(e) 40 CFR 70.6(a)(3)(i)(B) states that if the applicable requirement does not include
periodic monitoring and testing, your permit must require the permittee to conduct
periodic monitoring sufficient to yield reliable data. The data must be from the
relevant time period, and must be representative of the source's compliance with
the permit. The monitoring requirements you include must assure use of terms,
test methods, units, averaging periods, and other statistical conventions consistent
with the applicable requirement.

Appropriate testing may include noninstrumental monitoring or testing techniques
such as opacity readings using an EPA-approved method. Any monitoring or
testing method or procedure approved by EPA for determining compliance may
be used.

These emissions testing requirements may be listed or be included in a table (see
Table A-2 of the "Model Part 70 Permit and General Conditions" document). You will
need to repeat emission testing requirements for each applicable emissions unit, or the
requirements can be identified once and all the emissions units to which each standard
applies may be grouped together in order to avoid repeating the same requirement for
each unit. Identification of emission units and points must be consistent with how they
are identified in Table A-1.

3. Monitoring Requirements

The authority for these provisions is provided by 40 CFR 70.6(a)(3)(i).

(a) 40 CFR 70.6(a)(3)(i)(A) states that a permit must include all emissions
monitoring and analysis procedures or test methods required under applicable
requirements, including any procedures and methods promulgated pursuant to
Section 114(a)(3) or Section 504(b) of the Clean Air Act.

(b) Monitoring equipment or surrogate process parameters should be specified:

"The owner or operator shall install and maintain a continuous monitor for
opacity."

"Temperature (�F) of the secondary combustion shall be continuously monitored."

"The temperature monitor shall be located at the entrance to the [specify]."

(d) 40 CFR 70.6(a)(3)(i)(C) states that, as necessary, your permit must include
requirements concerning the use, maintenance, and installation of monitoring
equipment or methods.

(e) Expected quality assurance/control should be as specific as possible:

"The continuous opacity monitor (COM) shall be calibrated in accordance with
[specify]."

"The temperature probe shall be made to withstand a temperature of [_] �F, and
shall be replaced every 6 months."

(f) Specify other monitoring as required to yield data representative of monitored
activity. 40 CFR 70.6(a)(3)(i)(B) states that if the applicable requirement does
not include instrumental or noninstrumental monitoring, your permit must require
the permittee to conduct periodic monitoring sufficient to yield reliable data. The
data must be from the relevant time period, and must be representative of the
source's compliance with the permit. The monitoring requirements you include
must assure use of terms, test methods, units, averaging periods, and other
statistical conventions consistent with the applicable requirement.

Appropriate monitoring may include noninstrumental monitoring or testing
techniques such as opacity readings using an EPA-approved method. Any
monitoring or testing method or procedure approved by EPA for determining
compliance may be used.

(g) Your permit may contain any additional monitoring requirements needed to ensure
compliance with all applicable requirements.

4. Recordkeeping Requirements

The authority for these provisions is provided by 40 CFR 70.6(a)(3)(ii).

(a) 40 CFR 70.6(a)(3)(ii) states that the permit must incorporate all applicable
recordkeeping requirements. Your permit must, where applicable, require the
permittee to keep records of required monitoring information, including:

date, place, and time of sampling or measurements;
date(s) analyses were performed;
name of company that performed the analyses;
analytical techniques used;
results of such analyses; and
operating conditions that existed at the time of sampling or measurement.

(b) Specify that records (including supporting documentation) must be maintained for
5 years from the date of sample, measurement, report, or application. For
example: "A continuous record of the concentration of carbon monoxide (ppm),
corrected to 7% oxygen, shall be kept on-site for a period of 5 years from the time
the record was made."

(c) Your permit may contain any additional recordkeeping requirements needed to
ensure compliance with all applicable requirements.

[NOTE: Additional recordkeeping is required when changing between alternative operating scenarios,
and additional reporting is required under off-permit changes and when the permittee exercises
operational flexibility. Refer to Sections II.A.1.a (Alternative Operating Scenarios), II.B.13 (Off-Permit
Changes), and II.B.14 (Operational Flexibility) of this document for a more detailed discussion of
40 CFR Part 70 requirements.]

5. Reporting Requirements

The authority for these provisions is provided by 40 CFR 70.6(a)(3)(iii).

(a) Under 40 CFR 70.6(a)(3)(iii) your permit should incorporate all applicable
reporting requirements, and must specify that reports of any required monitoring
must:

be submitted by the permittee at least every 6 months;
clearly identify all instances of deviations from the permit requirements;
and
be certified by a responsible official.

"The total use of coating A, in gallons per month, shall be recorded and submitted
each quarter to the [specify name of permitting authority].

"Any document (including reports) required to be submitted by this permit shall
be certified as being true, accurate, and complete based on information and belief
formed after reasonable inquiry by a responsible official." Responsible official is
as defined in the State's Part 70 program.

(b) Your permit should state that:

the permittee must report promptly, any deviations from permit
requirements, including those attributable to upset conditions {permit
should define "prompt" in relation to the degree and type of deviation
likely to occur and the applicable requirements}; and

the report must include the probable cause of such deviations, and any
corrective actions or preventive measures taken.

Corrective actions may include a requirement for additional stack testing, or more
frequent monitoring, or could trigger implementation of a corrective action plan.

(c) Your permit should define "Upset conditions" to the extent that they are defined
in the applicable requirements. Definitions of deviations that trigger additional
reporting should be as specific as possible:

"If the temperature in the secondary combustion chamber falls below 1500�F, the
permit holder shall immediately notify the permitting authority by telephone or
facsimile and shall submit all records specified under the Monitoring,
Recordkeeping, and Reporting sections above within 2 days."

(d) Specify where the permittee should send reports:

"Send two copies of all reports required above to the [specify name of permitting
authority] field office."

(e) Your permit may contain any additional reporting requirements needed to ensure
compliance with all applicable requirements, including State requirements.
Provisions based on State requirements that are not federally-enforceable should
be identified as such in the permit.

6. Compliance Certifications

40 CFR 70.6(c)(1) requires each permit to contain requirements addressing compliance
certification, testing, monitoring, reporting, and recordkeeping. Such requirements must be
sufficient to ensure compliance with the terms and conditions of the permit.

For example, if a permit applicant requests an exemption from being permitted as a major
source, the exemption may be reflected in a permit condition limiting the source's potential to
emit. To ensure compliance with this limitation, the permit must establish monitoring, testing,
reporting, and recordkeeping requirements as necessary to ensure compliance with the terms and
conditions of the permit. For instance, the permit may specify that the permittee must record and
report hours of operation, production rate, etc.

7. Compliance Schedule

40 CFR 70.6(c)(3) specifies that all permits must include a schedule of compliance. The
schedule is to be consistent with that submitted by the applicant as part of the compliance plan
{required under 40 CFR 70.5(c)(8)(iii)}. The items listed in the model permit are based on the
provisions of 40 CFR 70.5(c)(8)(iii).

Three different compliance schedules are required, depending on the compliance status
of the source as outlined below:

(a) for each unit in compliance with applicable requirements;

(b) for each unit that will become subject to applicable requirements that will become
effective during the permit term; and

You must indicate in the permit the appropriate compliance schedule. For conditions (a) and (b)
described above, a statement that the source is now in compliance and will meet any new
requirements in a timely manner to stay in compliance is all that is required. However, for
condition (c), a schedule of compliance as outlined below must be followed.

A compliance schedule for sources that are not in conformance with all applicable
requirements at the time of permit issuance must contain a schedule of remedial measures,
including an enforceable sequence of actions with milestones, leading to compliance with
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.

In addition, for sources required to have a compliance schedule to remedy a violation, or
to have a detailed schedule expressly required by an applicable requirement, 70.6(c)(4) requires
permits to include a schedule for the submission of progress reports consistent with the schedule
of compliance. The permittee must submit such reports at least semiannually, or more frequently
if specified in the applicable requirement or by your agency. Such progress reports must be
certified and contain:

(a) Dates for achieving the activities, milestones, or compliance required in the
schedule of compliance, and dates when such activities, milestones, or compliance
deadlines were achieved.

(b) Explanation of why any dates in the schedule of compliance were not or will not
be met, and any preventive or corrective measures adopted.

8. Permit Shield

40 CFR 70.6(f) authorizes the permitting agency to include a provision in the permit
stating that compliance with the conditions of the permit is considered compliance with any
applicable requirements as of the date of permit issuance, provided that:

(a) such applicable requirements are included and are specifically identified in the
permit; or

(b) 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 summary of it.

40 CFR 70.6(f)(3) prohibits any part of the permit to alter or affect the provisions of
Section 303 of the Clean Air Act, liability of a source for a violation, applicable acid rain
requirements, or the ability of the EPA to obtain information under Section 114.

40 CFR 70.7(d)(4) authorizes the permitting authority, upon taking final action granting
a request for an administrative permit amendment, to allow coverage by a permit shield for
administrative amendments that meet the relevant requirements for significant permit
modifications.

40 CFR 70.7(e)(2)(vi) and (e)(3)(vi) respectively prohibit permit shields from applying
to minor permit modifications and modifications eligible for group processing.

40 CFR 70.4(b)(14)(iii) states that an existing permit shield does not protect permittees
from applicable requirements that may arise when they make a change under off-permit
provisions {refer to Section B in these instructions}. Additionally, no new shield is created as
a result of the change.

40 CFR 70.4(b)(12)(i)(B), (ii)(B), and (iii)(B) prohibit permit shields from applying to:

operational flexibility provisions pertaining to changes that contravene certain
permit terms;
emissions trading provisions in the State implementation plan (SIP); and
emissions trading solely for the purpose of complying with a federally-enforceable
cap that is established independent of other applicable requirements.

Section B. General Conditions

These discussions clarify the reason for including each general condition, and provide a
reference to Part 70 for the regulatory basis of each condition.

1. Annual Fee Payment

Section 70.6(a)(7) requires permits to include a provision to ensure that permittees pay
fees to the permitting agency consistent with a fee schedule approved pursuant to 70.9.

The permitting agency may add a payment deadline, and insert the appropriate name and
address of the agency to which payment should be sent.

Resolution of fee disputes are not specifically addressed in Part 70, because such disputes
are to be resolved by the permitting agency, not by EPA. The permitting agency may add a
statement on how to file disputes and that payment is due even if a dispute has been filed.

2. Permit Renewal and Expiration

This condition identifies the time period over which the permit applies, depending on the
type of source (affected sources, solid waste incineration units combusting municipal waste, and
other sources), as specified by 40 CFR 70.6(a)(2).

40 CFR 70.7(c)(1)(ii) states that permit expiration terminates the source's right to operate
unless a timely and complete renewal application has been submitted. The terms and conditions
continue to remain in effect until the permit is renewed. They also remain effective if, regardless
of reason, a renewal is not issued on time.

40 CFR 70.5(a)(1)(iii) specifies that the application for renewal of a permit must be
submitted at least 6 months, but no greater than 18 months, before permit expiration. The
permitting agency must specify the deadline for submittal of renewal applications.

40 CFR 70.7(b) allows the source to continue to operate until the permitting agency has
taken final action on the application, provided that the agency receives a timely and complete
application. However, this protection shall cease to apply if the applicant fails to submit
additional information needed to process the application by the deadline indicated by the
permitting authority.

3. Transfer of Ownership or Operation

40 CFR 70.7(d)(1)(iv) specifies that a change in ownership or operation control of a
source shall be treated as an administrative permit amendment provided that no other change in
the permit is required and a written agreement has been submitted to the permitting authority
identifying the specific date for transfer of permit responsibility, coverage, and liability between
the current and new permittee.

4. Property Rights

Exclusion of property rights by the permit are specified in 40 CFR 70.6(a)(6)(iv).

5. Submissions

The authority for the provision requiring the certification of each submitted document by
a responsible official is provided for by 40 CFR 70.5(d).

6. Inspection and Entry

40 CFR 70.6(c)(2) authorizes the permitting agency to enter the facility covered by the
permit, have access to records, conduct inspections, and conduct sampling or monitoring. The
permitting agency should identify any credentials or documents required under State law for
identification as a condition of entry. The permitting agency should cite any applicable State law
authorizing sampling or monitoring.

Nothing in these conditions shall limit the ability of EPA to enter or inspect the premises
of the permittee under Section 114 or other provision of the Clean Air Act.

7. Compliance

The provision requiring the permittee to comply with all the conditions of the Part 70
permit is based on 40 CFR 70.6(a)(6)(i). Section 70.6(a)(6)(ii) prohibits permittees from using
a claim that it would have been necessary to halt or reduce activity as a defense against
noncompliance.

8. Excess Emissions Due to an Emergency (Optional Permit Condition)

40 CFR 70.6(g) establishes that the permittee may demonstrate that noncompliance with
a technology-based emission limitation in the permit was due to an emergency as defined in
70.6(g)(1), following the emergency procedures outlined in the permit.

9. Duty to Provide Information

40 CFR 70.6(a)(6)(v) requires the permittee to furnish the permitting agency, in a timely
manner, information requested by the agency (and as outlined in the permit condition). The
permitting agency should specify the deadline for submitting the information at the time the
request is made.

10. Duty to Supplement

40 CFR 70.5(b) requires the permit applicant to submit supplementary information to
process the application when insufficient data or incorrect information was supplied in the
application submission, or to address requirements that become applicable to the source after the
date it filed a complete application, but prior to the release of a draft permit.

11. Reopening for Cause

40 CFR 70.7(f) requires the permitting agency to reopen a permit and revise its
conditions under specific circumstances. The provisions in the Model Part 70 Permit list those
circumstances. The filing of the following does not stay any permit condition:

a request by the permittee for a permit modification, revocation and reissuance,
or termination; or

a notification of planned changes or anticipated noncompliance.

Section 70.7(f)(2) requires reopenings to follow the process used for permit issuance,
which requires review by the public, EPA, and affected States. Section 70.7(a)(1) requires that
permits may not be issued until certain requirements (such as public and EPA review) are
fulfilled. It follows that the new permit terms and conditions are not in effect until opportunity
for this review has been provided and the permit has been issued in final form. Similarly, it
follows that for reopenings permit terms remain in effect until the reopening process has been
completed.

12. Severability Clause

The authority for this provision is provided by 40 CFR 70.6(a)(5).

13. Off-Permit Changes (Optional)

Changes to a source that result in the emission of new pollutants or new activities not
already addressed or prohibited under the permit may be allowed to proceed without a prior
revision at the permitting agency's discretion under the so-called "off-permit" provisions of
70.4(b)(14) and (15) if the permitting agency allows off-permit activities. These provisions
require a notice that describes the pollutants emitted and any new requirements, such as
monitoring terms, that apply to the change. If the change is a new source or a major
modification triggering preconstruction review, the source must apply for a Title V permit within
12 months of commencing operation. The monitoring terms will be picked up in the new source
review permit and placed in the Title V permit within 18 months after receipt of the application.
Changes not triggering preconstruction review will be incorporated into the Title V permit at
renewal.

40 CFR 70.4(b)(14)(iv) requires the permittee to record any 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. The permittee is also required to include in the record a
description of the emissions resulting from those changes.

14. Operational Flexibility

Permit programs are required to provide two types of operational flexibility (in addition
to alternative operating scenarios). The first type allows a permitted facility to make 502(b)(10)
changes that do not violate applicable requirements or that do not contravene a federally-
enforceable permit term that is monitoring (including test methods), reporting, recordkeeping, or
compliance certification requirements. The second required type is emissions trading to meet an
independent emission cap. A third type, emissions trading based on the SIP, is optional.

(a) Changes Under Section 502(b)(10) of the Clean Air Act

40 CFR 70.4(b)(12)(i) allows the permitted source 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 Clean Air Act and the
changes do not exceed the emissions allowable under the permit. The permittee
must follow the procedures for such changes as outlined in the permit. An
example of a Section 502(b)(10) change would be changing a brand of paint using
a 7-day notice, where the permit specified a particular brand of paint as a
federally-enforceable permit condition along with an emission limit. This change
qualifies as a Section 502(b)(10) change because it does not violate an applicable
requirement and is not a federally-enforceable monitoring, recordkeeping,
reporting, or compliance certification requirement.

(b) Emissions Trading Under an Emissions Cap

See instruction under Section II.A.1.b of this document.

15. Equivalency Determination

The authority for this provision is provided by 40 CFR 70.6(a)(1)(iii). Under this
section, a State may choose to adopt a SIP provision that would authorize sources to meet either
the SIP limit or an equivalent limit to be formulated in the permit process. Such a provision
would allow a State to build additional flexibility into its SIP program. A permit issued pursuant
to such a provision would have to contain the equivalency determination, as well as provisions
that assure that the resulting emission limit is quantifiable, accountable, enforceable, and based
upon replicable procedures.

Model Part 70 Permit

And

General Conditions

Based On
40 CFR, Part 70
Operating Permit Program
Promulgated July 21, 1992

Review Draft
April 1995
DISCLAIMER

This model permit contains a suggested outline and format for organizing the contents of
Part 70 operating permits. It also contains general conditions from Part 70 that would apply to
all facilities subject to the program. This document is intended solely as guidance and should
not be interpreter as imposing any requirements as to permit formats or content. TABLE OF CONTENTS

SECTION PAGE

DISCLAIMER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

TABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv

A. SOURCE IDENTIFICATION AND SPECIFIC CONDITIONS . . . . . . . . . . . 1
Emission Limits / Work Practice Standards . . . . . . . . . . . . . 1
Testing Requirements. . . . . . . . . . . . . . . . . . . . . . . . 3
Monitoring Requirements . . . . . . . . . . . . . . . . . . . . . . 3
Recordkeeping Requirements. . . . . . . . . . . . . . . . . . . . . 4
Reporting Requirements. . . . . . . . . . . . . . . . . . . . . . . 5
Compliance Certifications . . . . . . . . . . . . . . . . . . . . . 5
Compliance Schedule . . . . . . . . . . . . . . . . . . . . . . . . 6
Permit Shield . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

B. GENERAL CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . 8
Annual Fee Payment. . . . . . . . . . . . . . . . . . . . . . . . . 8
Permit Renewal and Expiration . . . . . . . . . . . . . . . . . . . 8
Transfer of Ownership or Operation. . . . . . . . . . . . . . . . . 9
Property Rights . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Inspection and Entry. . . . . . . . . . . . . . . . . . . . . . . . 9
Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Excess Emissions Due to an Emergency (Optional Permit Condition). . 10
Duty to Provide Information . . . . . . . . . . . . . . . . . . . . 11
Duty to Supplement. . . . . . . . . . . . . . . . . . . . . . . . . 12
Reopening for Cause . . . . . . . . . . . . . . . . . . . . . . . . 12
Severability Clause . . . . . . . . . . . . . . . . . . . . . . . . 13
Off-Permit Changes (Optional) . . . . . . . . . . . . . . . . . . . 13
Operational Flexibility . . . . . . . . . . . . . . . . . . . . . . 14
Equivalency Determination . . . . . . . . . . . . . . . . . . . . . 15
Emissions Trading . . . . . . . . . . . . . . . . . . . . . . . . . 16
Acid Rain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
TABLES

NUMBER PAGE

TABLE A-1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
TABLE A-2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
SECTION A.
SOURCE IDENTIFICATION AND SPECIFIC CONDITIONS

[Insert name of permitting authority and address]

Permit No.

Issue Date: Effective Date:
Expiration Date: Replaces Permit No.:

In accordance with the provisions of [cite State Law authorizing permit program] and applicable
rules and regulations,

[Insert source name and plant address]

is authorized to operate air emission units as shown in Table A-1. The units described in Table
A-1 are subject to the terms and conditions shown in the Tables A-1 and A-2 and to the other
terms and conditions specified in this permit. All terms and conditions of the permit are
enforceable by EPA and citizens unless specifically designated as not federally enforceable.

1. Emission Limits / Work Practice Standards

(a) The permittee may specify alternative operating scenarios provided the permittee
maintains a contemporaneous log of changes from one operating scenario to
another. The log must be kept at the permitted facility.

[Specify each alternative operating scenario and the permit terms and conditions that apply. Include
only those scenarios identified by the applicant in the application and that the permitting authority has
approved. Each scenario must comply with all applicable requirements and the requirements of Part 70.
Appropriate monitoring, recordkeeping, and reporting requirements must be specified for each scenario.
Specify whether the permit shield applies to each scenario.]

(b) [If the permit applicant requests it, insert terms and conditions to allow for the trading of emissions
increases and decreases within the facility solely for the purpose of complying with a federally-
enforceable emissions cap that is established in the permit independent of otherwise applicable TABLE A-1

Emission Unit
Number
Description of Unit
Emission Limit / Work
Practice Standard
Regulation(s)

[See example model permit.]
[Cite applicable State, local, or
Federal regulation(s) - see example
model permit.]

[Note: If the emission limit or work practice standard is not federally-enforceable, mark the regulation with an "*" and insert the following footnote at the end of the
table: * This is a State (local) requirement and is not federally-enforceable. Other State-only requirements should also be clearly indicated as such.
Emission limits for each pollutant, for each unit, should be listed under the Emission Limit/Work Practice column.

[Table A-1 may be reproduced as needed to accommodate all of the emission units at the permitted facility.] requirements. Such terms and conditions may be allowed only if the applicant provides in its
application proposed replicable procedures that ensure the emissions trades are quantifiable and
enforceable.]

2. Testing Requirements

[Insert all test methods required under the applicable requirements.]

TABLE A-2

Emission Unit
Number
Testing Requirement
Regulation

[Use same emission
unit numbers from
Table A-1.]

[Table A-2 may be reproduced as needed to accommodate all of the emission units at the permitted facility.]

3. Monitoring Requirements

(a) [Insert all emissions monitoring and analysis procedures required under the applicable requirements;]

(b) [Insert any procedures or methods required under EPA's enhanced monitoring rule;]

(c) [Where the applicable requirement does not require periodic testing or instrumental or noninstrumental
monitoring (which may consist of recordkeeping designed to serve as monitoring), insert 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. Such monitoring requirements shall assure use of
terms, test methods, units, averaging periods, and other statistical conventions consistent with the
applicable requirement;]

(d) [As necessary, insert requirements concerning the use, maintenance, and, where appropriate, installation
of monitoring equipment or methods; and]

(e) [If the permit applicant requests it, insert monitoring terms and conditions to allow for the trading of
emissions increases and decreases within the facility solely for the purpose of complying with a
federally-enforceable emissions cap that is established in the permit independent of otherwise applicable
requirements.]

4. Recordkeeping Requirements

(a) [Insert all relevant provisions pertaining to recordkeeping, as described in the applicable requirements.]

(b) The permittee shall keep records of required monitoring information that include
the following:

(1) The date, place [specify sampling location (e.g. 20 feet before fan inlet)], 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.

(c) The permittee shall retain 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 this
permit.

(d) [Insert any other recordkeeping requirements necessary to ensure compliance with all applicable
standards.]

5. Reporting Requirements

(a) [Insert all relevant provisions pertaining to reporting, as described in the applicable requirements.]

(b) The permittee shall submit 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 condition 6(c).

(c) Deviations from permit conditions, including those attributable to upset conditions
as defined in this permit, shall be reported promptly [specify time period and whether by
telephone or by mail] to [insert name the permitting authority]. Additional copies shall be
sent to [specify other agencies such as central permitting authority or regional EPA office].
Reports shall describe the probable cause of such deviations, and any corrective
actions or preventive measures taken.

(d) [Insert any other reporting requirements necessary to ensure compliance with all applicable standards.]

6. Compliance Certifications

The permittee shall submit a certification of compliance with permit terms and conditions
at least every 12 months.

(a) The certification shall describe the following:

the permit term or condition that is the basis of the certification;

the current compliance status;

whether compliance was continuous or intermittent;

the methods used for determining compliance, currently and over the
reporting period; and

[Specify other factors as necessary to determine the compliance status.]

(b) All compliance certifications shall be submitted to [insert name of permitting authority]
and to [specify name of Regional EPA office].

(c) Any document required to be submitted by this permit shall be certified as being
true, accurate, and complete by a responsible corporate official. This certification
shall state that, based on information and belief formed after reasonable inquiry,
the statements and information in the certification are true, accurate, and complete.

7. Compliance Schedule

(a) [For each unit at the facility that is in compliance with applicable requirements, insert a statement that
the source will continue to comply with such requirements.]

(b) [For all unit at the facility for which any applicable requirements that would become effective during
the permit term, insert a statement that the source will meet such requirements on a timely basis.]

(c) [For each unit at the facility that is not in compliance with applicable requirements, insert 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 as of
permit issuance. These actions and measures are in addition to the conditions and requirements found
in Section A and must be at least as stringent as any consent decree or administrative order to which
the source is subject.]

[For sources required to have a schedule of compliance to remedy a violation, insert the following conditions.]

The permittee shall submit progress reports consistent with this schedule of compliance
at least once every [6 months or fewer] from the date of issue of this permit. Such progress reports
shall be certified and contain the following:

(a) 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

(b) An explanation of why any dates in the schedule of compliance were not or will
not be met, and any preventive or corrective measures adopted.

This compliance schedule shall not sanction noncompliance with the applicable
requirements on which it is based.

8. Permit Shield

[If a permit shield applies, the shielded requirements must be specified in the permit. The State may also
specify regulations that it determines are not applicable to an affected facility. Refer to Instructions for details.]

(a) [To shield requirements that are applicable, the following statement can be inserted.]

Compliance with the terms and conditions of this permit shall be deemed
compliance with all requirements applicable to the source in the following
regulation(s) [cite applicable State, local, and Federal regulation(s)].

(b) [To shield requirements that the permitting authority has determined are not applicable, the following
statement can be inserted.]

The [name of permit agency] has determined that units [specify unit numbers] are not
subject to [specify applicable State, local, or Federal regulation(s)]. [Include the determination or
a summary of the determination in the permit.]

(c) Nothing in this permit shall alter or affect the liability of a permittee for any
violation, applicable acid rain requirements, the ability of the EPA to obtain
information under Section 114 or the provisions of Section 303 of the Clean Air
Act.SECTION B.
GENERAL CONDITIONS

[This section describes conditions and provisions applicable to all Part 70 sources. The nature of these conditions allows
them to be generalized in the operating permit.]

1. Annual Fee Payment

The permittee shall pay a permit fee as established in [cite State regulation setting forth permit
fee schedule]. [70.6(a)(7)]

2. Permit Renewal and Expiration

This permit is issued for a fixed term of 5 years. The permittee's right to operate this
source terminates with the expiration of this permit unless a timely and complete renewal
application is submitted [specify deadline - at least 6 months, but no greater than 18 months] prior to the date
of permit expiration. Upon receipt of a complete and timely application for renewal, this source
may continue to operate subject to final action by [insert name of permitting authority] on the renewal
application. This protection shall cease to apply if, subsequent to a completeness determination,
the applicant fails to submit by the deadline specified in writing by the [insert name of permitting
authority] any additional information identified as being needed to process the application. The
application for renewal shall include the current permit number, the appropriate renewal fee,
description of permit revisions and off-permit changes that occurred during the permit term, and
any applicable requirements that were promulgated and not incorporated into the permit during
the permit term. The application should be sent to the Director, [insert name of permitting authority].
[70.5(a)(1)(iii); 70.7(b); 70.7(c)(1)(ii)]

The [insert name of permitting authority] shall issue permits for a fixed term of 5 years in the
case of affected sources subject to acid rain requirements, and for a term not to exceed 5 years
in the case of all other sources. Notwithstanding this requirement, the [insert name of permitting
authority] shall issue permits for solid waste incineration units combusting municipal waste subject
to standards under Section 129(e) of the Clean Air Act for a period not to exceed 12 years and
shall review such permits at least every 5 years.

3. Transfer of Ownership or Operation

This permit is nontransferable by the permittee. Future owners and operators must obtain
a new Part 70 permit from the [insert name of permitting authority]. A change in ownership or
operational control of this source is treated as an administrative permit amendment if no other
change in this permit is necessary and 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 [insert name of permitting authority]. [70.7(d)(1)(iv)]

4. Property Rights

This permit does not convey any property rights of any sort, or any exclusive privilege.
[70.6(a)(6)(iv)]

5. Submissions

(a) Reports, test data, monitoring data, notifications, and requests for renewal shall be
submitted to the:

Director
[Insert name of permitting authority]

(b) Any document submitted shall be certified as being true, accurate, and complete
by a responsible official. [70.5(d)]

6. Inspection and Entry [70.6(c)(2)]

(a) Upon presentation of [State should specify what credentials and other documents are required by
State law] the permittee shall allow [insert name of permitting authority], or an authorized
representative to perform the following:

(1) enter upon the permittee's premises where a Part 70 source is located or
emissions related activity is conducted, or where records must be kept
under the conditions of this permit;

(2) have access to and copy at reasonable times any records that must be kept
under the conditions of this permit;

(3) inspect at reasonable times any facilities, equipment (including monitoring
and air pollution control equipment), practices, or operations regulated or
required under this permit; and

(4) sample or monitor, at reasonable times, substances or parameters for the
purpose of assuring compliance with the permit or other applicable
requirements.[ cite applicable State law].

Nothing in this condition shall limit the ability of EPA to inspect or enter the
premises of the permittee under Section 114 or other provisions of the Clean Air
Act.

(b) No person shall obstruct, hamper, or interfere with any such authorized
representative while in the process of carrying out his official duties. Refusal of
entry or access may constitute grounds for permit revocation and assessment of
civil penalties.

7. Compliance

(a) The permittee must comply with all conditions of this permit. Any noncompliance
with a federally-enforceable permit condition constitutes a violation of the Clean
Air Act and is grounds for enforcement action, for permit termination, revocation
and reissuance or modification, or for denial of a permit renewal application.
[70.6(a)(6)(i)]

(b) 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. [70.6(a)(6)(ii)]

8. Excess Emissions Due to an Emergency (Optional Permit Condition)

[Note: The State does not have to allow or provide an emergency defense. Even if it
does allow for an emergency defense, it does not have to be included as a permit provision.
However, if it is made a permit provision, then the provision must cover the items listed below.]

The permittee may seek to establish that noncompliance with a technology-based
emission limitation under this permit was due to an emergency. To do so, the permittee shall
demonstrate the affirmative defense of emergency through properly signed, contemporaneous
operating logs, or other relevant evidence that:

(a) an emergency occurred and that the permittee can identify the cause(s) of the
emergency;

(b) the permitted facility was at the time being properly operated;

(c) during the period of the emergency the permittee took all reasonable steps to
minimize levels of emissions that exceeded the emissions standards, or other
requirements in this permit; and

(d) the permittee submitted notice of the emergency to the [insert name of permitting
authority] within 2 working days of the time when emission limitations were
exceeded due to the emergency. This notice must contain a description of the
emergency, any steps taken to mitigate emissions, and corrective actions taken.
This notice fulfills the requirements of paragraph 70.6(a)(3)(iii)(B). [70.6(g)]

9. Duty to Provide Information

The permittee shall furnish to the [insert name of permitting authority], within a reasonable time,
any information that the [insert name of 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 [insert
name of permitting authority] copies of records that the permittee is required to keep by this permit,
or for information claimed to be confidential, the permittee may furnish such records directly to
the Administrator along with a claim of confidentiality. [70.6(a)(6)(v)]

10. Duty to Supplement

The permittee, upon becoming aware that any relevant facts were omitted or incorrect
information was submitted in the permit application, shall promptly submit such supplementary
facts or corrected information. The permittee shall also provide additional information as
necessary to address any requirements that become applicable to the source after the date a
complete renewal application was submitted but prior to release of a draft permit. [70.5(b)]

11. Reopening for Cause

The permitting authority will reopen and revise this permit as necessary to remedy
deficiencies in the following circumstances:

(a) Additional requirements under the Clean Air Act become applicable to a major
source 3 or more years prior to the expiration date of this permit. Such a
reopening shall be completed no 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 expiration date of this permit. [70.7(f)(1)(i)]

(b) [For sources subject to acid rain requirements, the following condition applies:]

Additional requirements, including excess emissions requirements, become
applicable to this source under the acid rain program. Excess emissions offset
plans for this source shall be incorporated into this permit upon approval by the
Administrator. [70.7(f)(1)(ii)]

(c) The [insert name of permitting authority] or the Administrator determines that this permit
contains a material mistake or inaccurate statements were made in establishing the
emissions standards or other terms or conditions of this permit. [70.7(f)(1)(iii)]

(d) The [insert name of permitting authority] or the Administrator determines that the permit
must be revised or revoked to assure compliance with the applicable requirements.
[70.7(f)(1)(iv)]

Reopenings shall not be initiated before a notice of intent to reopen is provided to the
permittee by the [insert name of permitting authority] at least 30 days in advance of the date that this
permit is to be reopened, except that the permitting authority may provide a shorter time period
in the case of an emergency. [70.7(f)(3)]

Proceedings to reopen and issue this permit shall follow the same procedures as apply to
initial permit issuance and shall affect only those parts of this permit for which cause to reopen
exists. Such reopening shall be made as expeditiously as practicable. [70.7(f)(2)]

All permit conditions remain in effect until such time as the [insert name of permitting authority]
takes final action. The filing of a request by the permittee for a permit modification, revocation
and reissuance, or termination, or of a notification of planned changes or anticipated
noncompliance does not stay any permit condition. [70.6(a)(6)(iii)]

12. Severability Clause [70.6(a)(5)]

The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstance, is held invalid, the application
of such provision to other circumstances, and the remainder of this permit, shall not be affected
thereby.

13. Off-Permit Changes (Optional)

(a) [If "off-permit" activities are prohibited, and the prohibition is to appear in the permit, then use the
following statement.]

The permittee may not make changes nor engage in activities that are not
specifically allowed in this permit. This prohibition on such changes or activities
is not enforceable by the United States or its citizens, except where the changes
or activities are prohibited by an applicable implementation plan or other
requirement under the Clean Air Act. Any revision to this permit required under
this provision must comply with the conditions of paragraph (b).

(b) [If "off-permit" activities are allowed, use the following statement.]

The permittee is allowed to make certain changes that are not addressed or
prohibited by this permit without a permit revision, provided that the conditions
of paragraph (c) are met.

Off-Permit Procedures

No such change may violate any term or condition of this permit.

Each change must comply with all applicable requirements.

Changes under this provision may not include changes or activities subject
to any requirement under Title IV or that are modifications under any
provision of Title I of the Clean Air Act.

Before the permit change is made, the permittee must provide written
notice to [insert name of permitting authority] and [specify EPA office], except for
changes that qualify as insignificant activities under the approved State
permit program. This notice shall describe each change, the date of the
change, any change in emissions, pollutants emitted, and any applicable
requirement that would apply as a result.

The permit shield does not apply to changes made under this provision.

The permittee shall record all changes that result in emissions of any
regulated air pollutant subject to any applicable requirement not otherwise
regulated under this permit, and the emissions resulting from those
changes. The record shall reside at the permittee's facility.

14. Operational Flexibility

(a) Changes Under Section 502(b)(10) of the Clean Air Act

The permittee is allowed to make a limited class of changes within this
permitted facility that contravene the specific terms of this permit without
applying for a permit revision, provided the changes do not exceed the emissions
allowable under this permit and are not Title I modifications. This class of
changes does not include:

changes that would violate applicable requirements; or

changes to federally-enforceable permit terms or conditions that are
monitoring (including test methods), recordkeeping, reporting, or
compliance certification requirements.

The permittee is required to send a notice to [insert name of permitting authority]
and [insert name of EPA Regional office] at least 7 days in advance of any change made
under this provision. The notice must describe the change, when it will occur and
any change in emissions, and identify any permit terms or conditions made
inapplicable as a result of the change. The permittee shall attach each notice to
its copy of this permit. Any permit shield provided in this permit does not apply
to changes made under this provision.

(b) Emissions Trading Under an Emissions Cap

[If requested by the applicant, the permit would provide terms and conditions allowing for
trading around an emissions cap.]

Emissions from units [specify which units] shall not exceed [specify emissions
cap]. This limit is under taken to avoid being subject to [cite applicable requirement that
is being avoided] to which the permittee would be subject if this limit is exceeded.
Compliance with this limit is to be monitored by recording [cite applicable indicator
(e.g., production, operating hours, etc.)] and reporting levels [e.g., monthly] for [each or all]
units subject to this limit. Nothing in this condition shall relieve the permittee
from complying with other applicable requirements.

15. Equivalency Determination [70.6(a)(1)(iii)]

[If EPA has approved provisions in the State implementation plan (SIP) that allow a Part 70 permit
to establish requirements equivalent to those in the SIP, the permit shall contain provisions to ensure that the
resulting emission limit has been demonstrated to be quantifiable, accountable, enforceable, and based on
reproducible procedures. In addition, the permit containing such alternatives must use permit issuance, renewal,
or significant permit modification processes.]

As provided under [cite approved SIP regulation that authorizes a permit to establish alternative
requirements equivalent to the SIP] this permit establishes alternative [specify: emission limits or
monitoring requirements] for emission unit [specify emission unit number]. The equivalency
determination and provisions to assure that the alternative [specify: limit and monitoring
requirement] is quantifiable, accountable, enforceable, and based upon replicable procedures,
which are attached or provided below.

16. Emissions Trading

No permit revision shall be required under any approved economic incentives,
marketable permits, emissions trading, and other similar programs or processes for
changes that are provided for in the permit.

17. Acid Rain

Where an applicable requirement of the Clean Air Act is more stringent than an
applicable requirement of regulations promulgated under Title IV of the Clean Air Act,
both provisions shall be incorporated into the permit and shall be enforceable by the
Administrator.

Example Part 70 Permit

Based On
40 CFR, Part 70
Operating Permit Program
Promulgated July 21, 1992

Review Draft
April, 1995 DISCLAIMER

This example permit was developed for an existing rock quarry using the model Part 70
permit and general conditions, and the existing State operating permit. (The names of the quarry
and the State, and references to State laws have been deleted.) Both Federal and State
requirements have been incorporated, illustrating how each type of condition can be addressed.
This example permit illustrates how a complete permit would be created for a specific facility.

As in the other U.S. Environmental Protection Agency (EPA) model permits, permitting
authorities are not obligated to use this example permit or to organize their permits in the same
manner or format followed in this example permit. TABLE OF CONTENTS

SECTION PAGE

DISCLAIMER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

TABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv

A. SOURCE IDENTIFICATION AND SPECIFIC CONDITIONS . . . . . . . . . . . 1
Emission Limits / Work Practice Standards . . . . . . . . . . . . . 1
Testing Requirements. . . . . . . . . . . . . . . . . . . . . . . . 6
Monitoring Requirements . . . . . . . . . . . . . . . . . . . . . . 7
Recordkeeping Requirements. . . . . . . . . . . . . . . . . . . . . 7
Reporting Requirements. . . . . . . . . . . . . . . . . . . . . . . 8
Compliance Certifications . . . . . . . . . . . . . . . . . . . . . 9
Compliance Schedule . . . . . . . . . . . . . . . . . . . . . . . . 10
Permit Shield . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

B. GENERAL CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . 12
Annual Fee Payment. . . . . . . . . . . . . . . . . . . . . . . . . 12
Permit Renewal and Expiration . . . . . . . . . . . . . . . . . . . 12
Transfer of Ownership or Operation. . . . . . . . . . . . . . . . . 12
Property Rights . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Inspection and Entry. . . . . . . . . . . . . . . . . . . . . . . . 13
Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Excess Emissions Due to an Emergency. . . . . . . . . . . . . . . . 14
Duty to Provide Information . . . . . . . . . . . . . . . . . . . . 15
Duty to Supplement. . . . . . . . . . . . . . . . . . . . . . . . . 15
Reopening for Cause . . . . . . . . . . . . . . . . . . . . . . . . 15
Severability Clause . . . . . . . . . . . . . . . . . . . . . . . . 16
Off-Permit Changes (Optional) . . . . . . . . . . . . . . . . . . . 17
Operational Flexibility . . . . . . . . . . . . . . . . . . . . . . 18
TABLES

NUMBER PAGE

TABLE A-1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION A.
SOURCE IDENTIFICATION AND SPECIFIC CONDITIONS

State Permitting Authority

Permit No. 4545

Issue Date: December 1, 1992 Effective Date: December 1, 1992
Expiration Date: March 31, 1997 Replaces Permit No.: 4544

In accordance with the provisions of [State Law authorizing permit program] and applicable rules
and regulations,

Rock Quarry
State Road 100
Rural County

is authorized to operate the air emission unit(s) (i.e., process emission unit(s) and air pollution
control equipment) shown in Table A-1.

The equipment indicated is subject to the terms and conditions shown in Table A-1 and
to the other terms and conditions specified in this permit.

1. Emission Limits / Work Practice Standards

(a) [No alternative scenarios are identified in this permit.]

(b) The permittee is allowed to make the following changes to its methods of
operation without applying for a revision of this permit. This clause does not
relieve the permittee, however, of any requirement to notify the State Permitting
Authority when changes are made or to apply for a permit for a new or modified
source of emissions under a preconstruction review program. The following
changes are allowed at the facility under this permit:

(1) Crushers, screens, and conveyors may be relocated within the boundaries
of the existing site provided the conditions of this permit are not violated. TABLE A-1

Emission Unit
Number
Description of Unit
Emission Limit / Work
Practice Standard
Regulation(s)

001
One feed hopper and one primary
jaw crusher (550 tons per hour rated
capacity).a
� 15% opacity
40 CFR 60.672(c)
AC 1.0524*

002
One secondary cone crusher
(320 tons per hour rated capacity)a
equipped with wet suppression
sprays.
� 15% opacity
40 CFR 60.672(c)
AC 1.0524*

003
One 8 feet by 20 feet, triple deck
wash screen.
No visible fugitive emissions shall be
discharged into the atmosphere from the
building enclosing this emission unit.
40 CFR 60.672(e)
AC 1.0524*

004
Two 8 feet by 20 feet, triple deck
screens equipped with wet
suppression sprays.
No visible fugitive emissions shall be
discharged into the atmosphere from the
building enclosing this emission unit.
40 CFR 60.672(e)
AC 1.0524*

005
Seven conveyors, 5 - 36 inches
wide, 1 - 24 inches wide, and
1 - 30 inches wide.
� 10% opacity
40 CFR 60.672(b)
AC 1.0524*

006
One temporary portable crushing
operation consisting of:
a. two feed hoppers;
b. one crusher, 250 tons per hour
rated capacity,a with water
spray bars; and
c. three belt conveyors, one
24 inches wide, one 30 inches
wide, and one 36 inches wide.
� 15 % opacity from crusher
� 10% opacity from feed hoppers or conveyors
40 CFR 60.672(b), (c)
AC 1.0524*

007
One standard secondary cone
crusher (370 tons per hour rated
capacity)a equipped with wet
suppression sprays.
All stone crushing operations shall employ a
water spray over the crusher.
� 20% opacity with exceptions.
AC 1.0510(c),*
AC 1.0521(d)*

008
One triple deck wet screen, 6 feet
by 16 feet.
� 20% opacity with exceptions.
AC 1.0521(d)*

009
One feed hopper (15 tons capacity)a
and one (rewash) conveyor
30 inches in width.
� 20% opacity with exceptions.
AC 1.0521(d)*

010
Eleven conveyors consisting of:
a. one 48 inches in width;
b. one 42 inches in width;
c. three 36 inches in width;
d. three 30 inches in width; and
e. two 24 inches in width.
� 20% opacity with exceptions.
AC 1.0521(d)*

001 - 010
All emission units.
The permittee shall operate these emission
units with such control or in such manner that
the source shall not cause the ambient air
quality standard for particulate matter
[AC 1.0409] to be exceeded at any point
beyond the premises on which the source is
located. When controls more stringent than
named in the applicable emissions standards
are required to prevent violation of the
ambient air quality standards or are required to
create an offset, the permittee shall apply to
the State Permitting Authority for a permit
revision to include a condition requiring such
controls.

The permittee shall not cause, allow, or permit
any material to be produced, handled,
transported, or stockpiled without taking
measures to reduce to a minimum any
particulate matter from becoming airborne, and
in no case shall established air quality
standards be exceeded beyond the property
line.

AC 1.0501(e)*

AC 1.0510(a)*

001 - 010
All emission units.
The permittee shall maintain dust control of
the plant premises and access roads which he
controls by paving or other suitable measures.

The permittee shall not allow [crushed rock]
production at the facility to exceed [550] tons
per hour corrected to [5 percent] material
moisture content.
AC 1.0510(b)*

a The capacity rate describes the equipment; it is not a limit on the operating rate of the equipment.
* This is a State Administrative Code (AC) requirement and is not federally enforceable. (2) The width of conveyor belts can be increased provided the permitted
production rate specified in Table A-1 is not exceeded.

(3) Existing equipment may be replaced by new equipment (i.e., crushers,
screens, or conveyors) of equal or smaller size, provided the changes are
not so extensive as to constitute modification or reconstruction of the
source. [See 40 CFR 60.14, 60.15, 60.670(d), and 60.673.]

(4) Emission unit 006, a temporary portable crushing operation, may be
operated at the following locations:

[Identify locations.]

2. Testing Requirements

Testing requirements are not applicable to any emission units at this source.

[NOTE: If emissions testing becomes a requirement in the future, the following should be
addressed in the permit.]

(a) Requirements for test plan submittal should be specified:

(b) Specify how often testing should be performed.

(c) 40 CFR 70.6(a)(3)(i)(B) states that if the applicable requirement does not include
periodic monitoring and testing, your permit must require the permittee to conduct
periodic monitoring sufficient to yield reliable data. The data must be from the
relevant time period, and must be representative of the source's compliance with
the permit. The monitoring requirements you include must assure use of terms,
test methods, units, averaging periods, and other statistical conventions consistent
with the applicable requirement.

3. Monitoring Requirements

(a) The following provisions apply to the indicated emission units:

Emission Units 001 - 006: The permittee shall use EPA Reference Method 9
and the procedures in 40 CFR 60.11 and
60.675(c) or (e) to determine opacity.

Emission Units 007 - 010: The permittee shall use EPA Reference Method 9 of
Appendix A of 40 CFR 60 to determine opacity.
[See State Administrative Code (AC) 1.0501(c)(8)].

[NOTE: When an applicable regulation does not require periodic testing or monitoring
instruments, 40 CFR 70.6(a)(3)(B) requires that emissions be monitored at a frequency
sufficient to yield reliable data representative of each emission unit's compliance with the
conditions of the permit. Therefore, the following specifies the monitoring frequency for
emission units 001 - 010.]

Emission Units 001 - 010: The permittee shall monitor the opacity of visible
emissions from the emission units once every [week
or month] using the applicable monitoring methods.
(b) Compliance monitoring reports must be submitted at least semi-annually.

The following provision is a State requirement and, therefore, is not federally enforceable:

4. Recordkeeping Requirements

(a) The permittee shall maintain records of the following items:

(1) visible emissions from each emission unit, and

(2) measures taken to maintain dust control of the plant premises and access
roads.

(b) Records shall be maintained for 5 years from the date of sample, measurement,
or report.

The following provision is a State requirement and, therefore, is not federally enforceable:

5. Reporting Requirements

(a) The permittee shall notify the State Permitting Authority, in writing within
30 days that the portable crushing operation (emission unit 006) has been moved
from one permitted location to a new permitted location.

(b) The permittee shall report excess emissions or deviations from emission limits in
this permit [specify time period and whether by telephone or by mail] to the Director, State
Permitting Authority. The report shall describe the cause of such excess emissions
or deviations and any corrective actions or preventive measures taken. A violation
of any term or condition of this permit shall subject the permittee to enforcement
pursuant to State General Statute 100, including assessment of civil penalties.
[70.6(a)(3)(iii)]

The following provisions (c) and (d) are State requirements and, therefore, are not federally
enforceable:

(c) Any of the following that would result in previously unpermitted, new, or
increased emissions must be reported to the Director, State Permitting Authority:

(1) changes in the information submitted in the application regarding facility
emissions;

(2) changes that modify equipment or processes of existing permitted facilities;
or

(3) changes in the quantity or quality of materials processed.

If appropriate, modifications to the permit may be made by the State Permitting Authority
to reflect any necessary changes in the permit conditions. In no case are any new or
increased emissions allowed that will cause violation of the emission limitations specified
herein. [See State General Statute 100]

(d) (1) The permittee shall notify the Director, State Permitting Authority within
24 hours (or the next business day) of becoming aware of the occurrence
of excess emissions which last for more than 4 hours and which result
from a malfunction, a breakdown of process or control equipment or any
other abnormal condition. The notice shall describe the:

name and location of the facility;

nature and cause of the malfunction or breakdown;

time when the malfunction or breakdown was first observed;

expected duration of excess emissions; and

estimated rate of emissions.

(2) The permittee shall notify the State Permitting Authority immediately
when corrective measures have been accomplished.

(3) Subsequent to the malfunction, the permittee shall submit a full report on
the malfunction to the State Permitting Authority within 15 days, if
requested. [See State Administrative Code 1.0555]

(4) The permittee shall submit reports on the operation and maintenance of the
source to the Director, State Permitting Authority at such intervals and in
such form and detail as may be required by the State Permitting Authority.
Information required in such reports may include, but is not limited to,
process weight rates, firing rates, hours of operation, and preventive
maintenance schedules.

6. Compliance Certifications [70.6(c)(5)]

(a) The permittee shall certify, annually, that the source has complied with the
requirements of this permit. The report shall be submitted to the State Permitting
Authority and to the Regional Administrator, U.S. Environmental Protection
Agency.

(b) The annual compliance certification report shall describe:

(1) the terms and conditions of the permit that are the basis of the
certification;

(2) the current compliance status and whether compliance was continuous or
intermittent during the reporting period;

(3) the methods used for determining compliance; and

(4) any additional information required by the State Permitting Authority to
determine the compliance status of the source.

7. Compliance Schedule [70.5(c)(8)(iii)]

(a) The permittee shall continue to comply with the applicable requirements with
which the company has certified that it is already in compliance.

(b) The permittee shall comply in a timely manner with applicable requirements that
become effective during the term of this permit. This statement is all that is
required unless a more detailed schedule is required by an applicable requirement.

(c) [If the source is not in compliance, the permit must contain a compliance
schedule. See "Instructions for Model Part 70 Permit" for content of the
schedule.]

8. Permit Shield

[NOTE: If a State chooses to grant a permit shield, the permit must specify the applicable
requirements from which the source is being shielded, as in the following example.]

(a) Compliance with the terms and conditions of this permit shall be deemed
compliance with all requirements applicable to this source in the following
regulations: AC 1.0501, 1.0510, 1.0521, 1.0524, 1.0535 and 40 CFR 60,
Subpart OOO as they existed at the time of issuance of this permit.

[NOTE: In the permit shield, the State may also specify regulations that it determines are
not applicable to an emission unit, as in the following example.]

(b) The State Permitting Authority has determined that facilities 007 - 010 are not
subject to 40 CFR 60, Subpart OOO, standards of performance for nonmetallic
mineral processing plants.

(c) Nothing in this permit shall alter or affect the liability of a source for any
violation, applicable acid rain requirements, the ability of the EPA to obtain
information under Section 114, or the provisions of Section 303 of the Clean Air
Act. [70.6(f)] SECTION B.
GENERAL CONDITIONS

1. Annual Fee Payment

The permittee shall pay permit application processing fees and annual fees for administering
and monitoring compliance as specified in AC 1.0610 or submit a certification for exemption
within thirty (30) days after being billed by the State Permitting Authority. Disputes shall be in
writing to the Director, State Permitting Authority. Payment shall be made regardless of the
dispute. Failure to timely pay the fee or submit a certification for exemption in accordance with
section 1.0610 will cause the State Permitting Authority to initiate action to revoke the permit.
[70.6(a)(7)]

2. Permit Renewal and Expiration

This permit is issued for a fixed term of 5 years. The permittee's right to operate this
source terminates with the expiration of this permit unless a timely and complete renewal
application is submitted at least 6 months before the expiration date. Upon receipt of a complete
and timely application for renewal, this source may continue to operate subject to final action by
the State Permitting Authority on the renewal application. The application for renewal shall
include the current permit number, the appropriate renewal fee, description of any permit
revisions and off-permit changes that occurred during the permit term, and any applicable
requirements that were promulgated and not incorporated into the permit during the permit term.
The application should be sent to the Director, State Permitting Authority. [70.5(a)(1)(iii);
70.7(b); 70.7(c)(1)(ii)]

3. Transfer of Ownership or Operation

This permit is nontransferable by the permittee. Future owners and operators must obtain
a new Part 70 permit from the State Permitting Authority. [See State General Statute 100.]
[NOTE: 40 CFR 70.7(d)(1)(iv) allows a change in ownership or operational control of a source
to be treated as an administrative permit amendment if no other change in the permit is necessary
and 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.]

4. Property Rights

This permit does not convey any property rights of any sort, or any exclusive privilege.
[70.6(a)(6)(iv)]

5. Submissions

(a) Reports, test data, monitoring data, notifications, and requests for renewal shall be
submitted to the:

Director
State Permitting Authority
State Capitol

(b) Any document submitted shall be certified as being true, accurate, and complete
by a responsible corporate official. [70.5(d)]

6. Inspection and Entry [70.6(c)(2)]

(a) Upon presentation of credentials and other documents as may be required by law,
the permittee shall allow authorized representatives of the State Permitting
Authority, and EPA to perform the following:

(1) enter upon the permittee's premises where a Part 70 source or activity is
located or conducted, or where records must be kept under the conditions
of this permit;

(2) have access to and copy at reasonable times any records that must be kept
under the conditions of this permit;

(3) inspect at reasonable times any facilities, equipment (including monitoring
and control equipment), practices, or operations regulated or required under
this permit; and

(4) sample or monitor any substances or parameters at any location, during
operating hours, for the purpose of assuring permit compliance or as
otherwise authorized by the Clean Air Act.

7. Compliance

8. Excess Emissions Due to an Emergency

The permittee may seek to establish that noncompliance with a technology-based emission
limitation under this permit was due to an emergency. To do so, the permittee shall demonstrate
the affirmative defense of emergency through properly signed, contemporaneous operating logs,
or other relevant evidence that:

(a) an emergency occurred and that the permittee can identify the cause(s) of the
emergency;

(b) the permitted facility was at the time being properly operated;

(c) during the period of the emergency the permittee took all reasonable steps to
minimize levels of emissions that exceeded the emissions standards, or other
requirements in this permit; and

(d) the permittee submitted notice of the emergency to the Director, State Permitting
Authority within 2 working days of the time when emission limitations were
exceeded due to the emergency. This notice must contain a description of the
emergency, any steps taken to mitigate emissions, and corrective actions taken.
[70.6(g)]

9. Duty to Provide Information

The permittee shall furnish to the State Permitting Authority, within a reasonable time, any
information that the State 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 State Permitting
Authority copies of records that the permittee is required to keep by this permit, or for
information claimed to be confidential, the permittee may furnish such records directly to the
Administrator along with a claim of confidentiality. [70.6(a)(6)(v)]

10. Duty to Supplement

11. Reopening for Cause

The permitting authority will reopen and revise this permit as necessary to remedy
deficiencies in the following circumstances:

(b) Additional requirements, including excess emissions requirements, become
applicable to this source under the acid rain program. Excess emissions offset
plans for this source shall be incorporated into this permit upon approval by the
Administrator. [70.7(f)(1)(ii)]

(c) The State Permitting Authority or the Administrator determines that this permit
contains a material mistake or inaccurate statements were made in establishing the
emissions standards or other terms or conditions of this permit. [70.7(f)(1)(iii)]

(d) The State Permitting Authority or the Administrator determines that the permit
must be revised or revoked to assure compliance with the applicable requirements.
[70.7(f)(1)(iv)]

Reopenings shall not be initiated before a notice of intent to reopen is provided to the
permittee by the State Permitting Authority at least 30 days in advance of the date that this
permit is to be reopened, except that the State Permitting Authority may provide a shorter time
period in the case of an emergency. [70.7(f)(3)]

All permit conditions remain in effect until such time as the State Permitting Authority
takes final action. The filing of a request by the permittee for a permit modification, revocation
and reissuance, or termination, or of a notification of planned changes or anticipated
noncompliance does not stay any permit condition. [70.6(a)(6)(iii)]

12. Severability Clause [70.6(a)(5)]

13. Off-Permit Changes (Optional)

(a) [NOTE: This is an example of how a State would allow off-permit changes.]
The permittee is allowed to make certain changes that are not addressed or
prohibited by this permit without first applying for a permit revision, provided the
following conditions are met:

No such change may violate any term or condition of this permit.

Each change must comply with all applicable requirements.

Changes under this provision may not include changes or activities subject
to any requirement under Title IV or that are modifications under any
provision of Title I of the Clean Air Act.

Before the permit change is made, the permittee must provide written
notice to State Permitting Authority and [specify EPA office], except for
changes that qualify as insignificant activities under the approved State
permit program. This notice shall describe each change, the date of the
change, any change in emissions, pollutants emitted, and any applicable
requirement that would apply as a result.

The permit shield does not apply to changes made under this provision.

(b) [NOTE: This is an example of how a State would prohibit off-permit changes.]
The permittee is prohibited from making changes or engaging in activities that are
not specifically allowed or addressed in this permit without first applying for a
permit revision. This prohibition is not enforceable by the United States or its
citizens, except where such changes or activities are prohibited by an applicable
implementation plan or other requirement under the Clean Air Act. Any revision
to this permit required under this provision must comply with the provisions of
the State Part 70 permit program.

14. Operational Flexibility

(a) General

The permittee shall be allowed to make changes to its methods of
operation if the change does not exceed the emissions allowed in this
permit, and is not a modification under any provision of Title 1, provided
that the permittee notifies the State Permitting Authority and [insert name of
EPA Regional office] at least 7 days in advance of making the change.

The permittee shall be allowed to make changes to its methods of
operation without notifying the State Permitting Authority, provided that
any new methods of operation are explicitly provided for in this permit
and described in Section A of this permit.

Operational flexibility applies only to federally-enforceable conditions.

(b) Changes Under Section 502(b)(10) of the Clean Air Act

A limited class of changes within this permitted facility that contravene the
specific terms of this permit is allowed without requiring a permit revision,
provided the changes do not exceed the emissions allowable under this permit and
are not Title I modifications. This class of changes does not include:

changes that would violate applicable requirements; or

changes to federally-enforceable permit terms or conditions that are
monitoring (including test methods), recordkeeping, reporting, or
compliance certification requirements.

The permittee is required to send a notice to the State Permitting Authority and
[name of EPA Regional office] at least 7 days in advance of any change made under
this provision. The notice must describe the change, when it will occur and any
change in emissions, and identify any permit terms or conditions made
inapplicable as a result of the change. Any permit shield provided in this permit
does not apply to changes made under this provision.

[NOTE: The permittee did not request permit terms providing for trading under
an emissions cap.]

The following shows an example of an emissions cap for a facility that
would be a major source for volatile organic compound (VOC) emissions:

The facility is major for nitrogen oxide (NOx) emissions but wants
to avoid also being major for VOC emissions and becoming subject to new
reasonably available control technology (RACT) requirements that would
apply to major VOC sources. This facility could establish in its Part 70
permit an enforceable plantwide emissions cap for VOC of, for example,
99 tons per year (e.g., for this example the major source threshold for
VOC sources is 100 tons per year) and an enforceable means to track total
plantwide VOC emissions from the facility (including any emissions from
new or modified units). Typically, the cap would be expressed as a
restriction on production, operating hours, or fuel input and reported at
least monthly. Compliance with such a cap would allow the facility to
avoid the RACT requirement for major sources.

Also, any State implementation plan emission limit must be met,
and records of production or operating hours for units covered by the cap
must be kept on site to prove compliance with the emission cap limits.

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