11 Miss. Code. R. 2-6.3 - Permit Content
A.
Standard
permit requirements. Each permit issued under these regulations shall
include the following requirements.
(1)
Emission limitations and standards, including those operational requirements
and limitations that assure compliance with all applicable requirements at the
time of permit issuance.
(a) The permit shall
specify and reference the origin of and authority for each term or condition,
and identify any difference in form as compared to the applicable requirement
upon which the term or condition is based.
(b) The permit shall state that, where an
applicable requirement of the Federal Act is more stringent than an applicable
requirement of regulations promulgated under Title IV of the Federal Act, both
provisions shall be incorporated into the permit and shall be enforceable by
the Administrator and the Commission.
(2)
Permit duration. The
Permit Board shall issue permits for a fixed term of five years in the case of
affected sources, and for a term not to exceed five (5) years in the case of
all other sources. Notwithstanding this requirement, the Permit Board shall
issue permits for solid waste incineration units combusting municipal waste
subject to standards under Section 129(e) of the Federal Act for a period not
to exceed twelve (12) years and shall review such permits at least every five
(5) years.
(3)
Monitoring
and related recordkeeping and reporting requirements.
(a) Each permit shall contain the
requirements with respect to monitoring as follows:
(1) all emissions monitoring and analysis
procedures or test methods required under the applicable requirements,
including 40 CFR Part 64 and any procedures and methods promulgated pursuant to
Sections 114(a)(3) or 504(b) of the Federal Act. If more than one monitoring or
testing requirement applies, the permit may specify a streamlined set of
monitoring or testing provisions provided the specified monitoring or testing
is adequate to assure compliance at least to the same extent as the monitoring
or testing applicable requirements that are not included in the permit as a
result of such streamlining.
(2)
where the applicable requirement does not require periodic testing or
instrumental or non-instrumental monitoring (which may consist of recordkeeping
designed to serve as monitoring), periodic monitoring sufficient to yield
reliable data from the relevant time period that are representative of the
source's compliance with the permit as reported pursuant to Rule 6.3.A(3)(e).
Such monitoring requirements shall assure use of terms, test methods, units,
averaging periods, and other statistical conventions consistent with the
applicable requirement. Recordkeeping provisions shall be sufficient to meet
the requirements of Rule 6.3.A(3)(b).; and
(3) as necessary, requirements concerning the
use, maintenance, and, where appropriate, installation of monitoring equipment
or methods.
(b) With
respect to recordkeeping, the permit shall incorporate all applicable
recordkeeping requirements and require, where applicable, the following:
(1) records of required monitoring
information that include the following:
(i)
the date, place as defined in the permit, and time of sampling or
measurements;
(ii) the date(s)
analyses were performed;
(iii) the
company or entity that performed the analyses;
(iv) the analytical techniques or methods
used;
(v) the results of such
analyses;
(vi) the operating
conditions existing at the time of sampling or measurement; and
(2) retention of records of all
required monitoring data and support information for a period of at least five
(5) years from the date of the monitoring sample, measurement, report, or
application. Support information includes all calibration and maintenance
records, all original strip-chart recordings for continuous monitoring
instrumentation, and copies of all reports required by the permit.
(c) With respect to reporting, the
permit shall incorporate all applicable reporting requirements and require the
following:
(1) submittal of reports of any
required monitoring at least every six months (all instances of deviations from
permit requirements must be clearly identified in such reports and all required
reports must be certified by a responsible official consistent with Rule 6.2.E.
of these regulations); and
(2)
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 Permit Board shall define "prompt" in the permit in relation to the degree
and type of deviation likely to occur and the applicable
requirements.
(4) A permit condition prohibiting emissions
exceeding any allowances that the source lawfully holds under Title IV of the
Federal Act or the regulations promulgated hereunder.
(a) No permit revision shall be required for
increases in emissions that are authorized by allowances acquired pursuant to
the acid rain program, provided that such increases do not require a permit
revision under any other applicable requirement.
(b) No limit shall be placed on the number of
allowances held by the source. The source may not, however, use allowances as a
defense to noncompliance with any other applicable requirement.
(c) Any such allowance shall be accounted for
according to the procedures established in regulations promulgated under Title
IV of the Federal Act.
(5) A severability clause to ensure the
continued validity of the various permit requirements in the event of a
challenge to any portions of the permit.
(6) Provisions stating the following:
(a) The permittee must comply with all
conditions of the Title V permit. Any permit noncompliance constitutes a
violation of the Federal Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or for denial of a
permit renewal application.
(b) The
need to halt or reduce activity is not a defense. It shall not be a defense for
a permittee in an enforcement action that it would have been necessary to halt
or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
(c) The
permit and/or any part thereof may be modified, revoked, reopened, and
reissued, or terminated for cause. The filing of a request by the permittee for
a permit modification, revocation and reissuance, or termination, or of a
notification of planned changes or anticipated noncompliance does not stay any
permit condition.
(d) The permit
does not convey any property rights of any sort, or any exclusive
privilege.
(e) The permittee shall
furnish to the DEQ within a reasonable time any information the DEQ 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 DEQ copies of
records required to be kept by the permittee or, for information claimed to be
confidential, the permittee shall furnish such records to DEQ along with a
claim of confidentiality. The permittee may furnish such records directly to
the Administrator along with a claim of confidentiality.
(7) A provision to ensure that a Title V
source pays fees to the permitting authority consistent with the fee schedule
pursuant to Rule 6.6. of these regulations.
(8) Emissions trading. A provision stating
that no permit revision shall be required, under any approved economic
incentives, marketable permits, emissions trading and other similar programs or
processes for changes that are provided for in the permit.
(9) Terms and conditions for reasonably
anticipated alternative operating scenarios identified by the source in its
application, as approved by the Permit Board. Such terms and conditions:
(a) shall require the source,
contemporaneously with making a change from one operating scenario to another,
to record in a log at the permitted facility a record of the alternative
operating scenario under which it is operating;
(b) may extend the permit shield described in
Rule 6.3.F. to all terms and conditions under each such alternative operating
scenario; and
(c) must ensure that
the terms and conditions of each such alternative operating scenario meet all
applicable requirements and the requirements of these regulations.
(10) If the permit applicant
requests them, terms and conditions for the trading of emissions increases and
decreases in the permitted facility, to the extent that the applicable
requirements provide for trading such increases and decreases without a
case-by-case approval of each emissions trade, as follows:
(a) shall include all terms required under
Rule 6.3.A. and Rule 6.3.C. to determine compliance;
(b) may extend the permit shield described in
Rule 6.3.F. to all terms and conditions that allow such increases and decreases
in emissions; and
(c) must meet all
applicable requirements and requirements of these regulations.
B.
Federally-enforceable requirements.
(1) All terms and conditions in a Title V
permit, including any provisions designed to limit a source's potential to
emit, are enforceable by the Administrator and citizens under the Federal Act
as well as the Commission.
(2)
Notwithstanding Rule 6.3.B(1)., the Permit Board shall specifically designate
as not being federally enforceable under the Federal Act, any terms and
conditions included in the permit that are not required under the Federal Act
or under any of its applicable requirements. Terms and conditions so designated
are not subject to the requirements of Rules 6.3., 6.4., or 6.5. of these
regulations, other than those contained in Rule 6.3.B.
C.
Compliance requirements.
All Title V permits shall contain elements with respect to compliance as
follows:
(1) Consistent with Rule 6.3. of
this rule, compliance certification, testing, monitoring, reporting, and
recordkeeping requirements sufficient to assure compliance with the terms and
conditions of the permit. Any document (including reports) required by a Title
V permit to be submitted to the DEQ shall contain a certification by a
responsible official that meets the requirements of Rule 6.2.E. of these
regulations.
(2) Inspection and
entry requirements that require that, upon presentation of credentials and
other documents as may be required by law, the permittee shall allow the DEQ,
or an authorized representative, to perform the following:
(a) enter upon the permittee's premises where
a Title V source is located or emissions-related activity is conducted, or
where records must be kept under the conditions of the permit;
(b) have access to and copy, at reasonable
times, any records that must be kept under the conditions of the
permit;
(c) inspect at reasonable
times any facilities, equipment (including monitoring and air pollution control
equipment), practices, or operations regulated or required under the permit;
and
(d) as authorized by the
Federal Act, sample or monitor, at reasonable times, substances or parameters
for the purpose of assuring compliance with the permit or applicable
requirements.
(3) A
schedule of compliance consistent with Rule 6.2.C(8). of these
regulations.
(4) Progress reports
consistent with an applicable schedule of compliance and Rule 6.2.C(8). of
these regulations to be submitted at least semiannually, or at a more frequent
period if specified in the applicable requirement or by the Permit Board. Such
progress reports shall contain the following:
(a) dates for achieving the activities,
milestone(s), or compliance required in the schedule of compliance, and dates
when such activities, milestone(s) 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.
(5) Requirements for compliance certification
with terms and conditions contained in the permit, including emission
limitations, standards, or work practices. Permits shall include each of the
following:
(a) the frequency (not less than
annually or such more frequent period as specified in the applicable
requirement or by the Permit Board) of submissions of compliance
certifications;
(b) in accordance
with Rule 6.3.A(3). of these regulations, a means for monitoring the compliance
of the source with its emissions limitations, standards, and work
practices;
(c) a requirement that
the compliance certification include the following:
(1) the identification of each term or
condition of the permit that is the basis of the certification;
(2) the compliance status;
(3) whether compliance was continuous or
intermittent;
(4) the method(s)
used for determining the compliance status of the source, currently and over
the reporting period consistent with Rule 6.3.A(3). and
(5) such other facts as the DEQ may require
to determine the compliance status of the source;
(d) a requirement that all compliance
certifications be submitted to the Administrator as well as to the Permit
Board; and
(e) such additional
requirements as may be specified pursuant to Sections 114(a)(3) and 504(b) of
the Federal Act.
(6)
such other provisions as the Permit Board may require.
D.
General permits.
(1) The Permit Board may, after notice and
opportunity for public participation provided under Rule 6.4.I. of these
regulations, issue a general permit covering numerous similar sources. Any
general permit shall comply with all requirements applicable to other Title V
permits and shall identify criteria by which sources may qualify for the
general permit. To sources that qualify, the DEQ shall extend coverage of the
terms and conditions of the general permit for a period of time not to exceed
five (5) years from the date coverage is extended. Notwithstanding the shield
provisions of Rule 6.3.F., the source shall be subject to enforcement action
for operating without a Title V permit if the source is later determined not to
qualify for the terms and conditions of the general permit. General permits
shall not be authorized for affected sources under the acid rain program unless
otherwise provided in regulations promulgated under Title IV of the Federal
Act.
(2) After notice and
opportunity for a hearing, the Permit Board may revoke and/or modify a general
permit. After notice and opportunity for a hearing, the Permit Board may also
revoke or deny coverage under a general permit and require a facility to obtain
a Title V permit.
(3) Title V
sources that would qualify for a general permit must apply to the DEQ for
coverage under the terms of the general permit or must apply for a Title V
permit consistent with Rule 6.2. of these regulations. The Permit Board may, in
the general permit, provide for applications which deviate from the
requirements of Rule 6.2. of these regulations, provided that such applications
meet the requirements of Title V of the Federal Act, and include all
information necessary to determine qualification for, and to assure compliance
with, the general permit. Without repeating the public participation procedures
required under Rule 6.4.I. of these regulations, the DEQ may grant a source's
request for coverage under a general permit, but such a grant shall not
constitute a final Permit Board action for purposes of appeal only.
E.
Temporary
sources. The Permit Board may issue a single permit authorizing
emissions from similar operations by the same source owner or operator at
multiple temporary locations. The operation must be temporary and involve at
least one change of location during the term of the permit. No affected source
shall be permitted as a temporary source. Permits for temporary sources shall
include the following:
(1) conditions that
will assure compliance with all applicable requirements at all authorized
locations;
(2) requirements that
the owner or operator notify the DEQ at least 10 days in advance of each change
in location; and
(3) conditions
that assure compliance with all other provisions of this rule.
F.
Permit shield.
(1) Except as provided in these regulations,
the Permit Board shall expressly include in a Title V permit a provision
stating that compliance with the conditions of the permit shall be deemed
compliance with any applicable requirements as of the date of permit issuance,
upon satisfaction of either condition as follows:
(a) such applicable requirements are included
and are specifically identified in the permit; or
(b) the Permit Board, 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 such determination or a concise summary thereof.
(2) A Part 70 permit that does not expressly
state that a permit shield exists shall be presumed not to provide such a
shield.
(3) Nothing in Rule 6.3.F.
or in any Title V permit shall alter or affect the following:
(a) the provisions of Section 303 of the
Federal Act (emergency orders), including the authority of the Administrator
under that section;
(b) the
liability of an owner or operator of a source for any violation of applicable
requirements prior to or at the time of permit issuance;
(c) the applicable requirements of the acid
rain program, consistent with Section 408(a) of the Federal Act; or
(d) the ability of EPA to obtain information
from a source pursuant to Section 114 of the Federal Act.
G. Reserved.
H.
Risk Management Plans. If
the source is required to develop and register a risk management plan pursuant
to Section 112(r) of the Federal Act, the permit need only specify that it will
comply with the requirement to register such a plan. The content of the risk
management plan need not itself be incorporated as a permit term.
Notes
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