Subpart 201-6: Title V Facility Permits - Page 1

(1) Any major stationary source (as defined under Subpart 201-2 of this Part).

(2) Any stationary source subject to a standard or limitation, or other requirement under the Federal New Source Performance Standards (NSPS) in 40 CFR part 60, et seq.

(3) Any stationary source including an area source, subject to a standard or other requirement regulating hazardous air pollutants under section 112 of the act, except that a source is not required to obtain a title V permit solely because it is subject to regulations or requirements promulgated for the control of accidental releases of substances regulated under section 112(r) of the act.

(4) Any affected source.

(5) Any stationary source in a category designated by the administrator and added by the department pursuant to rule making.

(1) The department may allow operation to continue indefinitely under the terms and conditions of preconstruction permits without requiring a permit extension or renewal provided the permittee files a timely and complete application for a title V facility permit in accordance with section 201-6.3 of this Subpart.

(2) Applicants may elect to apply for issuance of a title V facility permit prior to construction of a new stationary source in combination with the preconstruction permit requirements under this paragraph.

(3) Applications for preconstruction permits for major stationary sources must include the information required under section 201-6.3 of the Subpart and any additional information required by the department to demonstrate that the emission source will comply with all applicable State and Federal regulations under this Title.

(4) Applications for preconstruction permits for non-major stationary sources will be subject to State facility permitting requirements under Subpart 201-5 of this Title.

(1) Except as set forth in paragraph (2) of this subdivision, any stationary sources that are not major stationary sources, affected sources, or municipal solid waste incineration units required to obtain a permit pursuant to the New Source Performance Standards for municipal solid waste incineration units, will be exempted from the requirement to obtain a title V facility permit under this section, until such time as the administrator completes a rule making to determine how the program should be structured for non-major stationary sources and the appropriateness of any permanent exemptions. Such stationary sources shall include those subject to a Federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants promulgated prior to July 21, 1992.

(2) (i) In the case of non-major stationary sources subject to a Federal New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants promulgated after July 21, 1992, the administrator will determine whether to exempt or defer any or all such stationary sources from the requirement to obtain a title V facility permit at the time a new standard is promulgated. Stationary sources in these categories that qualify for permit deferrals shall not be required to apply for a title V facility permit until the administrator promulgates standards specifying a due date for applications and these standards are adopted by the department pursuant to rule making.

(3) The following source categories are exempt from the obligation to obtain a title V facility permit under this section:

(1) To be complete, the information contained in the first phase submittal shall include the following:

(2) During this transition period, the protection afforded in section 201-6.3(b) of this Subpart shall apply upon the submission of a complete phase I application. The completeness determination timeframe and notification requirements established under Part 621 of this Title for permit applications shall not apply to the phase I application. However, phase I applications will be deemed complete by default after 30 days from the date received by the department, unless the department determines that the application is incomplete and notifies the applicant before the 30 days expire.

(3) The second phase of the title V facility permit application submittal from facilities subject to the provisions of this subdivision shall comply with the form and information requirements established under section 201-6.3(d) of this Subpart.

(1) Title V facility permit applications must in all cases be filed with the department on or before the deadlines established in the transition plan application schedule found in Appendix B (see section 201-6.9) of this Subpart. This application schedule lists those Standards Industrial Classification (SIC) Codes which cover the existing major stationary sources in the department's emission inventory anticipated to be subject to title V facility permitting on the basis of past actual emissions data and provides a date by which applications must be submitted. However, in no case shall the department be obligated to begin review of an application submitted earlier than 180 days in advance of such deadlines.

(2) Such applications shall comply with the form and information requirements established in section 201-6.3(d) of this Subpart.

(3) The department will provide written notification to facility owners at least 180 days in advance of the application filing deadlines in Appendix B (see section 201-6.9) of this Subpart.

(4) The department shall promptly provide notice to the applicant of whether the permit application is complete. A complete application means an application for a permit which is in an approved form and is determined by the department to be complete for the purpose of commencing review of the application but which may need to be supplemented during the course of review in order to enable the department to make the findings and determinations required by law. During the transition period such notices are not required to include a tentative determination of approval or disapproval and the availability of a draft permit. Unless the permitting authority notifies the applicant of incompleteness within 60 days of receipt of an application, the application shall be deemed complete. Such notice shall include a proposed schedule with target dates for preparation of a draft permit, and issuance of a public notice of complete application in accordance with requirements and procedures for major permit projects under Part 621 of this Title.

(5) The additional provisions established under section 201-6.3(b) of this Subpart regarding completeness determinations shall also apply to permit applications subject to the requirements of this section.

(6) During this transition period the department shall take final action on at least one third of permit applications annually over a period not to exceed three years from the date that the title V permit program is approved by the administrator.

(1) The facility owner and/or operator must notify the department in writing within one year of the EPA administrator's approval of the program that they intend to accept an emissions cap to avoid being subject to title V permitting. Such notification is not required of facilities that must submit an application for a permit modification to establish an emission cap within the six months or one year timeframe in accordance with the transition plan in Appendix B (see section 201-6.9) of this Subpart. The facility owner and/or operator shall indicate in the written notification that he/she agrees to keep records sufficient to demonstrate that actual emissions are below all major stationary source thresholds during the time period before obtaining the emission cap through permitting procedures under section 201-7.2 of this Subpart. The facility owner and/or operator shall also describe the limitations in effect that make the facility eligible to cap, such as normal operating hours, throughput limitations, or emission control equipment.

(2) The facility owner and/or operator must then submit an application for a permit modification to establish the requested emission cap in accordance with the same timeframes established in subdivision (b) of this section for title V facility permit applications.

(3) Such applications shall be reviewed and issued in accordance with the information and procedural requirements contained in section 201-7.2 of this Subpart.

(4) Facility owners and/or operators who accept the capping by rule limitations established under section 201-7.3 of this Subpart will be required to notify the department and register in accordance with section 201-4.3(e) of this Part.

(1) The provisions of section 201-5.4 of this Subpart regarding department approval of modifications shall apply to all existing stationary sources required to obtain a permit under this Subpart until the title V facility permit is issued. The department will act on applications for modifications and new emission units in accordance with applicable preconstruction review and permitting requirements under this Chapter and applicable timeframes and procedures under Part 621 of this Title for the type of project involved.

(2) Owners and/or operators of stationary sources that propose modifications after the effective date of this regulation that, in turn, makes the source(s) subject to title V facility permitting shall submit an application for the title V facility permit within 12 months of the commencement of operation of this modification, or within the time specified under Appendix B (see section 201-6.9) of this Subpart, whichever is later.

(3) Stationary source owners and/or operators requesting permit modifications or applying to modify or construct new emission units at an existing facility after the title V facility permit application has been submitted, but before the permit is issued, will be subject to the provisions of section 201-5.4 of this Subpart. The department will consider the effect of such changes on any title V facility permit application under review at the time and may revise any draft permit, or require the applicant to revise the facility permit application, where a new emission unit or modifications to an existing unit affects any applicable requirements. However, in no event shall the department's decision to revise the draft facility permit or application delay issuance of any permit or permit modification required under section 201-5.4 of this Subpart for the requested change except where the delay is agreed upon by mutual consent of the department and the applicant.

(4) Applications for permits to construct and/or certificates to operate submitted prior to the effective date of this regulation will be accepted and acted upon by the department in accordance with the requirements of this Part in effect at the time of submittal. The transition provisions of section 201-5.1(c)(5) and (6) of this Part shall also apply to such permit applications for review and permits to construct issued by the department prior to the effective date of this regulation. This shall not affect the owner's or operator's obligation to submit an application for a title V facility permit within one year of commencing operation.

(1) Expiration dates for all certificates to operate that are valid on the effective date of this Part are extended until such time as the title V facility permit is issued, provided a timely and complete application for a title V permit is submitted in accordance with requirements established in this section and section 201-6.3 of this Subpart. All permits to construct valid on the effective date of this Subpart shall expire according to the terms of their issuance.

(2) Title V facility owners and/or operators have the option of maintaining certificates to operate on existing emission sources or emission units that are solely subject to State enforceable requirements in lieu of obtaining a comprehensive title V facility permit covering both State and Federally enforceable requirements. In such cases the facility owner and/or operator must submit a proposed schedule for incorporating any requirements and/or permit conditions associated with these units into the title V facility permit. This schedule must be submitted on or before the date that phase II of the title V permit application is due.

(1) Within the timeframe specified in the transition application schedule in Appendix B (see section 201-6.9) of this subpart for existing major stationary sources. This application schedule is explained in greater detail in section 201-6.2 of this Subpart.

(2) Within one year of the commencement of operation of a new stationary source subject to permitting under this Subpart that is constructed on or after the date EPA approves New York's operating permit program.

(3) Within one year of the commencement of operation of new emission unit(s) or modified emission units at an existing stationary source which makes the source subject to title V permitting.

(4) At least 180 days, but not more than eighteen months, prior to the date of permit expiration for permit renewal purposes.

(5) January 1, 1996 for initial phase II acid rain permits for sulfur dioxide control.

(6) By January 1, 1998 for initial phase II acid rain permits for nitrogen oxides control.

(7) For existing sources required to meet the requirements under section 112(g) of the act, prior to construction.

(8) For existing facilities with any emission source operation designated by EPA as requiring a title V facility permit, within 12 months after the effective date of EPA's designation, or by a later deadline specified by EPA in its designation.

(9) In the event the administrator fails to promulgate a standard for a category or a subcategory of major sources by the date established pursuant to section 112(e) of the act, the application must be submitted within 18 months after such date for any major source in such category or subcategory. The complete permit application shall be submitted in accordance with the requirements specified in the "Regulations Governing Equivalent Emission Limitations By Permit," as published in the Federal Register on May 20, 1994, and set forth in 40 CFR part 63, subpart B (see section 200.9 of this Title).

(1) Except for phase I applications under section 201-6.2(a) of this Subpart, applications submitted for title V facility permits must be reviewed for completeness by the department in accordance with subdivision (d) of this section and Part 621 of this Title, and notice of the completeness determination shall be provided to the applicant within 60 days of receipt of the application. Upon determining that an application is complete the department shall promptly issue a public notice of this determination in addition to notifying the applicant in accordance with Part 621 of this Title, except where special transition provisions apply for permit applications under section 201-6.2 of this Subpart. In the event that the department does not make such determination within this time period, the application shall be deemed complete by default. If the department determines that the application is incomplete, the department must provide the applicant with a written explanation of any deficiencies found in the application.

(2) Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the facility after the date it filed a complete application but prior to release of a draft permit.

(3) If a facility owner and/or operator submits a timely and complete application for permit issuance and/or renewal, the failure to have a title V facility permit is not a violation of this Part because the department has not taken final action on the permit application, except as noted in this section. This protection shall cease to apply if, subsequent to the completeness determination, the applicant fails to submit, by a reasonable deadline specified in writing by the department, any additional information identified as being needed to review and act on the application. The department will reinstate this protection upon receipt of the additional information in the event that an applicant is unable to provide it within the specified timeframe.

(4) During the three year transition period such protection described under paragraph (3) of this subdivision shall apply upon submittal of a complete phase I application in accordance with the requirements established in section 201-6.2 of this Subpart.

(1) Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact.

(2) A description of the stationary source's processes and products (by Standard Industrial Classification Code[s]) including any associated with each alternate operating scenario identified by the owner and/or operator.

(3) The following emissions-related information:

(4) The following air pollution control requirements:

(5) Other specific information that may be necessary to implement and enforce other requirements of the act or to determine the applicability of such requirements.

(6) An explanation of any proposed exemptions from otherwise applicable Federal requirements and a description of any proposed exempted or insignificant activities and/or emission units.

(7) Insignificant emission levels. Emissions from units at major stationary sources, meeting the criteria below, shall be considered insignificant and will be subject to State enforceable requirements only, as long as they are not subject to any applicable requirements. Emissions that are determined insignificant based on these criteria shall be included in the determination of title V facility permit applicability and in all quantification of emissions for inventory and billing purposes.

(8) Information necessary to define operational flexibility proposed in accordance with section 201-6.5 of this Subpart.

(9) A compliance plan for all emission sources subject to applicable requirements that contains the following:

(10) Requirements for compliance certification, including the following:

(11) The use of nationally standardized forms for acid rain portions of permit applications and compliance plans, as required by title IV of the act.

(12) Certification by a responsible official. Any application form, report, or compliance certification submitted pursuant to the Federal title V permitting requirements under this Subpart shall contain certification of truth, accuracy, and completeness by a responsible official. This certification and any other certification required under this Subpart shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

(1) The department shall provide the administrator a copy of each permit application, including any application for permit modification, each proposed permit, and each final title V facility permit. Such transmission shall not include information related to the State-enforceable section. Accessibility to the administrator of the application, proposed permit, or final permit on the department's computer system shall be considered equivalent to the submission of these documents to the administrator by the department. The applicant may be required by the department to provide a copy of the permit application (including the compliance plan) directly to the administrator. Upon agreement with the administrator, the department may submit to the administrator a permit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete permit application and compliance plan. To the extent practicable, the preceding information shall be provided in computer-readable format compatible with the EPA national database management system.

(2) The administrator may waive the requirements of paragraph (1) of this subdivision and paragraph (b)(1) of this section for any category of emission sources (including any class, type, or size within such category) other than major sources according to the following:

(3) The department shall keep for five years such records and submit to the administrator such information as the administrator may reasonably require to ascertain whether the State program complies with the requirements of the act or of 40 CFR part 70.

(1) The department shall give notice of each draft permit to any affected state on or before the time that the department provides this notice to the public under the requirements of this Part or Part 621 of this Title.

(2) The department, as part of the submittal of the proposed permit to the administrator (or as soon as possible after the submittal for minor permit modification procedures allowed under section 201-6.7 of this Subpart), shall notify the administrator and affected states in writing of any refusal by the department to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period. The notice shall include the department's reasons for not accepting any such recommendation. The department is not required to accept recommendations that are not based on applicable requirements or the requirements of this Part.

(3) Within five working days of receipt of a complete permit modification application, the department shall meet its obligation to notify the administrator and affected states of the requested permit modification. The department promptly shall send any required notice to the administrator.

(1) The administrator may object to the issuance of any proposed permit determined by the administrator not to be in compliance with applicable requirements or requirements under this Part. No permit for which an application must be transmitted to the administrator shall be issued if the administrator objects to its issuance in writing within 45 days of receipt of the proposed permit and all necessary supporting information.

(2) Any EPA objection shall include a statement of the administrator's reasons for objection and a description of the terms and conditions that the permit must include to respond to the objections. The administrator will provide the permit applicant a copy of the objection.

(3) Failure of the department to do any of the following also shall constitute grounds for an objection:

(4) If the department fails, within 90 days after the date of an objection to revise and submit a proposed permit in response to the objection, the administrator may issue or deny the permit in accordance with the requirements of the Federal program promulgated under title V of the act.

(1) All Federal emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance.

(2) The permittee must comply with all conditions of the title V facility permit. Any permit non-compliance constitutes a violation of the act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

(3) The permit may be modified, revoked, suspended, 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.

(4) The owner and/or operator shall furnish to the department, within a reasonable time, any information that the department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the department copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the administrator along with a claim of confidentiality, if the administrator initiated the request for information or otherwise has need of it.

(5) It is not a defense for an owner and/or operator 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.

(6) The permit does not convey any property rights of any sort, or any exclusive privilege.

(7) The owner and/or operator of a stationary source shall pay fees to the department consistent with the fee schedule authorized by Subpart 482-2 of this Title.

(8) The department or an authorized representative shall be allowed upon presentation of credentials and other documents as may be required by law to:

(9) A severability clause to insure the continued validity of the remaining various permit requirements in the event of a challenge to any portions of the permit.

(1) all emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods for compliance assurance monitoring as required by the act shall be specified in the permit;

(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), the permit shall specify the periodic monitoring sufficient to yield reliable data from the relevant time periods that are representative of the major stationary source's compliance with the permit. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirements; and

(3) as necessary, requirements concerning the use, maintenance, and installation of monitoring equipment or methods.

(1) The following information must be included in records and reports:

(2) Records of all monitoring data and support information must be retained for a period of at least five years from the date of the monitoring, sampling, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, all quality assurance information and copies of all reports required by the permit.

(3) The permit shall incorporate all applicable Federal reporting requirements which must include the following:

(1) The permit shall include a provision requiring compliance with the schedule proposed pursuant to section 201-6.3 of this Subpart.

(2) Where any performance or emission standard or other requirement is established for a facility prior to the issuance of a permit, the permit may contain a compliance schedule requiring the facility to achieve compliance as soon as practicable but not later than the time required by the act or an applicable requirement.

(3) The applicant shall propose as permit conditions, compliance certification, testing, monitoring (including any enhanced monitoring requirements), reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit.

(4) Any document (including reports) required by a title V permit shall contain a certification by a responsible official as set forth in section 201-6.3 of this Subpart that based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete.

(5) Progress reports consistent with an applicable schedule of compliance and are to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the department. Such progress reports shall contain the following:

(1) the frequency, not less than annually or more frequent periods as specified in the applicable requirement or by the department, of submissions of compliance certifications;

(2) a means for assessing or monitoring the compliance of the stationary source with its emission limitations, standards, and work practices;

(3) a requirement that the compliance certification include the following:

(1) Alternate operating scenarios. The owner and/or operator of the major stationary source may propose a range of operating conditions that will allow flexibility to operate under more than one operating scenario. Upon issuance of the permit, operation under each proposed alternate operating scenario is authorized without requiring a permit revision. The owner and/or operator must track and report the scenarios that the major stationary source operates under according to the requirements of this section, and contemporaneously with making a change from one operating scenario to another, the facility owner and/or operator must record the scenarios in a log at the source. The alternate operating scenarios shall be specified by terms and conditions stated in the permit and shall not contravene any applicable requirement. Alternative operating scenarios may include but are not limited to:

(2) Protocol. In the operational flexibility plan the owner and/or operator may propose to incorporate a protocol component by which the permittee will evaluate proposed changes for compliance with applicable requirements. Compliance with an approved protocol shall serve as compliance with Part 212 of this Title except that it shall not undo previous section 212.10 RACT determinations or otherwise absolve the permittee from section 212.10 RACT compliance obligations. The protocol shall include provisions for notifying the department of changes. Detail must be sufficient to allow for the assessment of control requirements, to determine compliance with applicable requirements and to maintain the department's source inventory. Changes made pursuant to an approved protocol are not subject to the provisions of section 201-6.7 of this Subpart.

(3) Emissions trading under the SIP without requiring a permit revision. Owners and/or operators of title V facilities may trade increases and decreases in emissions in the permitted facility, where the applicable implementation plan provides for such emissions trades and the changes do not exceed the emissions allowable under the permit, without requiring a permit revision. Notice of such trade must be given to the department and the administrator seven days prior to making the trade. This provision is available in those cases where the permit does not specifically provide for such emissions trading. Emission trading under this provision does not require a permit revision as long as changes are not modifications under any provision of title I of the act.

(4) Emissions trading under a cap without requiring a permit revision. If a permit applicant requests it, the department shall issue permits that contain terms and conditions, including all terms required under this Subpart, to determine compliance, allowing for the trading of emissions increases and decreases in the permitted facility solely for the purpose of complying with a federally-enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. Changes under this provision within a permitted facility may be allowed without requiring a permit revision, if the changes are not modifications under any provision of title I of the act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions). The permit applicant shall include, in the application, proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The department shall not include in the emissions trading provisions any emission units for which emissions are not quantifiable or for which there are no replicable procedures to determine the compliance of the trade. Trading of emissions between contiguous facilities with more than one title V facility permit and owned and/or operated by the same facility owner and/or operator is permitted according to a procedure approved in the permits. The permit(s) shall also require compliance with all applicable requirements.

(5) For emissions trading under this section, the owner and/or operator of the permitted facility, the department and the administrator shall attach the seven day advance notice of each trade to their copy of the relevant permit.

(6) No permit revision will be required for operating changes that contravene an express permit term, provided that such changes would not violate applicable requirements as defined under this Part or contravene federally enforceable monitoring (including test methods), recordkeeping, reporting, or compliance certification permit terms and conditions. Such changes may be made without requiring a permit revision, if the changes are not modifications under any provision of title I of the act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions) provided that the facility provides the administrator and the department with written notification as required below in advance of the proposed changes within a minimum of seven days. The facility owner or operator, and the department shall attach each such notice to their copy of the relevant permit.

(1) the ability of the department to seek to bring suit on behalf of the State of New York, or the administrator to seek to bring suit on behalf of the United States, to immediately restrain any person causing or contributing to pollution presenting an imminent and substantial endangerment to public health, welfare or the environment to stop the emission of air pollutants causing or contributing to such pollution;

(2) the liability of an owner or operator of a title V facility for any violation of applicable requirements prior to or at the time of permit issuance;

(3) the applicable requirements of title IV of the act; and

(4) the ability of the department or the administrator to obtain information from a facility owner and/or operator concerning the ability to enter, inspect and monitor the facility.

(1) Periods of up to five years for title V facility permits, temporary sources and general permits for facilities subject to this Subpart.

(2) A fixed term of five years for "affected sources". Title V permits for "affected sources" will be issued in such a manner as to eliminate inconsistencies between the expiration of the title V permit and the effective dates of applicable requirements under title IV of the act.

(1) A title V permit shall be reopened and revised under any of the following circumstances:

(2) Proceedings to reopen and issue a title V facility permit shall be required to follow the same procedures as apply to initial permit issuance but shall affect only those parts of the permit for which cause to reopen exists.

(3) Reopenings shall not be initiated before a notice of such intent is provided to the facility by the department at least 30 days in advance of the date that the permit is to be reopened, except that the department may provide a shorter time period in the case of an emergency.

(1) The department shall specifically designate as not being federally enforceable, any terms and conditions included in the permit that are not required under the act or under any of its applicable requirements. Terms and conditions so designated are not subject to the requirements of section 201-6.4 of this Subpart.

(2) When a facility is issued a title V permit, existing state requirements shall be incorporated into the state enforceable section, and the existing permits shall expire except where the facility owner and/or operator requests to delay this merging of State and Federal requirements as allowed under section 201-6.2 of this Subpart. Incorporation of existing requirements will not be subject to section 201-6.4 of this Subpart.

(1) Where an applicable requirement of the act is more stringent than regulations promulgated under title IV of the act, both requirements shall be incorporated into the permit, and shall be enforceable by the department and the administrator.

(2) Emissions exceeding any allowances that the facility owner/operator lawfully holds under title IV of the act or the regulations promulgated thereunder shall be prohibited by the permit. However, the facility owner and/or operator is not required to cover its emissions at all times. Rather, the facility owner and/or operator need only have sufficient sulfur dioxide allowances to cover emissions at the end of the true-up period in each year.

(3) No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to title IV, provided that such increases do not require a permit revision under any other applicable requirement.

(4) No limit shall be placed on the number of allowances held by the facility. The facility owner and/or operator may not, however, use allowances as a defense to noncompliance with any other applicable requirement.

(5) Any allowance shall be accounted for according to the procedures established in regulations promulgated under the acid rain provisions of title IV.

(1) No "affected source" shall be permitted as a portable source. Permits for portable sources may be issued pursuant to conceptual approvals by the department based on a description of the proposed operation and control equipment with site-specific review requirements incorporated into the conceptual approval. All permits issued shall contain:

(2) The department may issue written authorization to a facility owner to operate a portable source for a period of time not to exceed 30 days in any calendar year where an environmental or public health emergency situation exists due to spills or other causes, and there is an environmental benefit to such portable operation.

(1) Permits that are being renewed are subject to the same procedural and review requirements, including those for public participation and affected State and EPA review, that apply to initial permit issuance. Renewal applications must include any revisions or modifications enacted during the previous permit term.

(2) Permit expiration terminates the major stationary source's right to operate unless a timely and complete renewal application has been submitted consistent with section 201-6.3(a) of this Subpart.

(3) If the department fails to act in a timely way in the renewal of a permit, the administrator may invoke the authority under section 505(e) of the act to terminate, modify or revoke and reissue a permit.

(4) The department shall take final action upon permit renewal within 18 months of receipt of a complete application. If the department fails to take final action on a renewal application within 18 months of the receipt of a complete application, such failure to act shall be treated as a final agency action solely for the purposes of judicial review for failure to take final action.

(5) All the terms and conditions of a permit shall be automatically continued pending final determination by the department on a request for renewal application for a permit provided a permittee has made a timely and complete application and paid the required fees.

(1) Administrative amendments to title V facility permits include the following changes:

(2) the request for an administrative permit amendment shall be reviewed and acted upon by the department in accordance with the time frames and procedures established under section 621.13 of this Title and subparagraph (i) of this paragraph. Administrative permit amendments for the purposes of the acid rain portion of the permit shall be governed by regulations promulgated under title IV of the act. The department may incorporate such changes into the permit without providing notice to the public or affected states provided that it designates any such permit revisions as having been made pursuant to this paragraph.

(3) The department shall, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in section 201-6.5 of this Subpart. The department shall also allow such coverage for administrative permit amendments made pursuant to paragraph (1)(v) of this subdivision, provided the preconstruction permit met the relevant requirements of this Part for significant permit modifications.

(1) Minor permit modification procedures may be used only for those permit modifications that do not exceed the criteria under subparagraphs (i) - (v) of this paragraph. In no case will a facility that has been issued multiple permits be allowed to make minor permit modifications which, in the aggregate, would be a significant permit modification if the facility had been issued a single permit, unless such facility complies with all the requirements for a significant modification.

(2) Notwithstanding paragraphs (1) and (9) of this subdivision, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emission trading, and other similar approaches to the extent that such minor permit modification procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by the administrator.

(3) An application for a minor permit modification shall meet the requirements of section 201-6.3(d) of this Subpart, and shall provide the following information:

(4) The department will review and act on applications for minor permit modifications in accordance with timeframes and procedures established for minor projects under Part 621 of this Title. Upon application by an owner and/or operator for a minor permit modification, the department shall determine whether or not such application is complete within 15 days after receipt of such application and notify the applicant as required under Part 621 of this Title.

(5) The facility may proceed with the requested modification upon receipt of a notice of complete application from the department confirming that the modification is minor. If, however, the department fails to issue such notice, the application shall be deemed complete by default on the 15th day after receipt of the application and the permittee may proceed with the requested modification on the 25th day after the date that the department received the application. After the facility owner and/or operator makes the change and until the department takes final action, or notifies the permittee that the requested modification does not meet the minor modification criteria, or that EPA objects to the modification requested, the facility must comply with both the applicable requirements governing the change and any proposed permit terms and conditions. During this time period, the facility need not comply with the existing permit terms and conditions it seeks to modify. However, if the facility fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it.

(6) The department shall provide the notice of complete application, or provide an alternate form of notification approved by the administrator, to the administrator and affected states on or before the date that the applicant is notified. Such notification is not required if the modification involves only emission units or permit terms and conditions that are not subject to any applicable requirement.

(7) The department must issue a final decision on a modification request not later than 45 days after the date that the application was complete. However, the department may not issue a final permit modification until 45 days have elapsed from the date that the department notified the administrator under paragraph (6) of this subdivision or until the administrator has notified the department that they will not object to issuance of the permit modification, whichever occurs first.

(8) The permit shield described in section 201-6.5 of this Subpart does not extend to minor permit modifications.

(9) Group processing of minor permit modifications. The department may process groups of a stationary source's applications for certain modifications eligible for minor permit modification processing.

(1) If the administrator finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to section 201-6.5 of this Subpart, the administrator will notify the department and the permittee of such finding in writing.

(2) The department shall, within 90 days after receipt of such notification, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. The administrator may extend this 90-day period for an additional 90 days if she/he finds that a new or revised permit application is necessary or that the department must require the permittee to submit additional information.

(3) The administrator will review the proposed determination from the department within 90 days of receipt.

(4) The department shall have 90 days from receipt of an EPA objection to resolve any objection that EPA makes and to terminate, modify, or revoke and reissue the permit in accordance with the administrator's objection.

(5) If the department fails to submit a proposed determination pursuant to paragraph (2) of this subdivision or fails to resolve any objection pursuant to paragraph (4) of this subdivision, the administrator will terminate, modify, or revoke and reissue the permit after taking the following actions: