567—22.206 (455B) Permit content.
	 22.206(1) Each voluntary operating permit shall include all of the following provisions:
	  a.   	 The terms and conditions required for all sources authorized to operate under the permit;
	  b.   	 Emission limitations and standards, including those operational requirements and limitations that ensure compliance with all applicable requirements at the time of the permit issuance;
	  c.   	 A certified statement from the source that each emissions unit is in compliance;
	  d.   	 Monitoring, record keeping, and reporting requirements to ensure compliance with the terms and conditions of the permit. These requirements shall ensure the use of consistent terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable emissions limitations, standards, and other requirements contained in the permit;
	  e.   	 The requirement to submit the results of any required monitoring at intervals to be specified in the permit;
	  f.   	 References to the authority for the term or condition;
	  g.   	 A provision specifying permit duration as a fixed term not to exceed five years;
	  h.   	 A statement that the voluntary operating permit is to be kept at the site of the source;
	  i.   	 A statement that the permittee must comply with all conditions of the voluntary operating permit and that any permit noncompliance is grounds for enforcement action, for a permit termination or revocation, and for an immediate requirement to obtain a Title V operating permit;
	  j.   	 A statement that it shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit;
	  k.   	 A statement that the permit may be revoked or terminated for cause;
	  l.   	 A statement that the permit does not convey any property rights of any sort, or any exclusive privilege;
	  m.   	 A statement that the permittee shall furnish to the director, within a reasonable time, any information that the director may request in writing to determine whether cause exists for revoking or terminating the permit or to determine compliance with the permit; and that, upon request, the permittee also shall furnish to the director copies of records required by the permit to be kept.
	 22.206(2) The following shall apply to voluntary operating permits:
	  a.   	 Fugitive emissions from a source shall be included in the permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source.
	  b.   	 Federally enforceable requirements.
	 (1) 	 All terms and conditions in a voluntary operating permit, including any provisions designed to limit a source’s potential to emit, are enforceable by the administrator and citizens under the Act.
	 (2) 	 Notwithstanding paragraph “a” of this subrule, the director shall specifically designate as not being federally enforceable under the Act any terms and conditions included in the permit that are not required under the Act or under any of its applicable requirements.
	  c.   	 All emission limitations, all controls, and all other requirements included in a voluntary permit shall be at least as stringent as any other applicable limitation or requirement in the state implementation plan or enforceable as a practical matter under the state implementation plan. For the purposes of this paragraph, “enforceable as a practical matter under the state implementation plan” shall mean that the provisions of the permit shall specify technically accurate limitations and the portions of the source subject to each limitation; the time period for the limitation (hourly, daily, monthly, annually); and the method to determine compliance including appropriate monitoring, record keeping and reporting.
	  d.   	 The director shall not issue a voluntary operating permit that waives any limitation or requirement contained in or issued pursuant to the state implementation plan or that is otherwise federally enforceable.
	  e.   	 The limitations, controls, and requirements in a voluntary operating permit shall be permanent, quantifiable, and otherwise enforceable.
	  f.   	 Emergency provisions. For the purposes of a voluntary operating permit, an “emergency” means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.