567—24.108(455B) Permit content. Each Title V permit shall include the following elements:
	24.108(1) Enforceable emission limitations and standards. Each permit issued pursuant to this chapter shall include emissions limitations and standards, including those operational requirements and limitations that ensure 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 Act is more stringent than an applicable requirement of regulations promulgated under Title IV of the Act, both provisions shall be incorporated into the permit and shall be enforceable by the Administrator.
	c. 	If an applicable implementation plan allows a determination of an alternative emission limit at a Title V source, equivalent to that contained in the plan, to be made in the permit issuance, renewal, or significant modification process, and the state elects to use such process, then any permit containing such equivalency determination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.
	d. 	If an early reduction demonstration is approved as part of the Title V permit application, the permit shall include enforceable alternative emissions limitations for the source reflecting the reduction that qualified the source for the compliance extension.
	e. 	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.
	f. 	For all major sources, all applicable requirements for all relevant emissions units in the major source shall be included in the permit.
	24.108(2) Permit duration. The permit shall specify a fixed term not to exceed five years except:
	a. 	Permits issued to Title IV affected sources shall have a fixed term of five years.
	b. 	Permits issued to solid waste incineration units combusting municipal waste subject to standards under Section 129(e) of the Act shall have a term not to exceed 12 years. Such permits shall be reviewed every five years.
	24.108(3) Monitoring. Each permit shall contain the following requirements with respect to monitoring:
	a. 	All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to Section 114(a)(3) or 504(b) of the Act;
	b. 	Where the applicable requirement does not require periodic testing or instrumental or noninstrumental 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 24.108(5). Such monitoring shall be determined by application of the “Periodic Monitoring Guidance” (as amended through October 24, 2012) available from the department;
	c. 	As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods; and
	d. 	As required, Compliance Assurance Monitoring (CAM) consistent with 40 CFR Part 64 (as amended through October 22, 1997).
	24.108(4) Recordkeeping. With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following:
	a. 	Records of required monitoring information that include the following:
	(1)	The date, place as defined in the permit, and time of sampling or measurements;
	(2)	The date(s) the 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; and
	b. 	Retention of records of all required monitoring data and support information for a period of at least five years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart and other recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.
	24.108(5) Reporting. With respect to reporting, the permit shall incorporate all applicable reporting requirements and shall require the following:
	a. 	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. All required reports must be certified by a responsible official consistent with 24.107(4).
	b. 	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 director shall define “prompt” in relation to the degree and type of deviation likely to occur and the applicable requirements.
	24.108(6) Risk management plan. Pursuant to Section 112(r)(7)(E) of the Act, if the source is required to develop and register a risk management plan pursuant to Section 112(r) of the Act, the permit shall state the requirement for submission of the plan to the air quality bureau of the department. The permit shall also require filing the plan with appropriate authorities and an annual certification to the department that the plan is being properly implemented.
	24.108(7) A permit condition prohibiting emissions exceeding any allowances that the affected source lawfully holds under Title IV of the Act or the regulations promulgated thereunder.
	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 Title IV affected source. The Title IV-affected source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.
	c. 	Any such allowances shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Act.
	d. 	Any permit issued pursuant to the requirements of these rules and Title V of the Act to a unit subject to the provisions of Title IV of the Act shall include conditions prohibiting all of the following:
	(1)	Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide held by the owners or operators of the unit or the designated representative of the owners or operators.
	(2)	Exceedances of applicable emission rates.
	(3)	The use of any allowance prior to the year for which it was allocated.
	(4)	Contravention of any other provision of the permit.
	24.108(8) Severability clause. The permit shall contain 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.
	24.108(9) Other provisions. The Title V permit shall contain 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 Act and is grounds for enforcement action; for a permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
	b. 	Need to halt or reduce activity 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 the permit.
	c. 	The permit 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 director, within a reasonable time, any information that the director 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 also shall furnish to the director copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee shall furnish such records directly to the Administrator of the EPA along with a claim of confidentiality.
	24.108(10) Fees. The permit shall include a provision to ensure that the Title V permittee pays fees to the director pursuant to 567—30.4(455B).
	24.108(11) Emissions trading. A provision of the permit shall state 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.
	24.108(12) Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application and as approved by the director. 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 scenario under which it is operating; and
	b. 	Must ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of the department’s rules.
	24.108(13) Terms and conditions, if the permit applicant requests them, 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. Such terms and conditions:
	a. 	Shall include all terms required under 24.108(1) to 24.108(13) and 24.108(15) to determine compliance;
	b. 	Must meet all applicable requirements of the Act and regulations promulgated thereunder and all requirements of this chapter; and
	c. 	May extend the permit shield described in 24.108(18) to all terms and conditions that allow such increases and decreases in emissions.
	24.108(14) Federally enforceable requirements.
	a. 	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 Act.
	b. 	Notwithstanding paragraph 24.108(14)“a,” 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. Terms and conditions so designated are not subject to the requirements of 40 CFR §70.7 or §70.8.
	24.108(15) Compliance requirements. All Title V permits shall contain the following elements with respect to compliance:
	a. 	Consistent with the provisions of 24.108(3) to 24.108(5), compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to ensure compliance with the terms and conditions of the permit. Any documents, including reports, required by a permit shall contain a certification by a responsible official that meets the requirements of 24.107(4).
	b. 	Inspection and entry provisions that require that, upon presentation of proper credentials, the permittee shall allow the director or the director’s authorized representative to:
	(1)	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;
	(2)	Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
	(3)	Inspect, at reasonable times, any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and
	(4)	Sample or monitor, at reasonable times, substances or parameters for the purpose of ensuring compliance with the permit or other applicable requirements.
	c. 	A schedule of compliance consistent with 24.105(2)“h,”24.105(2)“j,” and 24.105(3).
	d. 	Progress reports, consistent with an applicable schedule of compliance and with the provisions of 24.105(2)“h” and 24.105(2)“j,” to be submitted at least every six months, or more frequently if specified in the applicable requirement or by the department in the permit. Such progress reports shall contain the following:
	(1)	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
	(2)	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.
	e. 	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:
	(1)	The frequency of submissions of compliance certifications, which shall not be less than annually.
	(2)	The means to monitor the compliance of the source with its emissions limitations, standards, and work practices, in accordance with the provisions of all applicable department rules.
	(3)	A requirement that the compliance certification include: the identification of each term or condition of the permit that is the basis of the certification; the compliance status; whether compliance was continuous or intermittent; the method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with all applicable department rules; and other facts as the director may require to determine the compliance status of the source.
	(4)	A requirement that all compliance certifications be submitted to the Administrator and the director.
	f. 	Such additional provisions as the director may require.
	g. 	Such additional provisions as may be specified pursuant to Sections 114(a)(3) and 504(b) of the Act.
	h. 	If there is a federal implementation plan applicable to the source, a provision that compliance with the federal implementation plan is required.
	24.108(16) Emergency provisions.
	a. 	For the purposes of a Title V 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.
	b. 	An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of 24.108(16)“c” are met.
	c. 	Requirements for affirmative defense. The affirmative defense of emergency shall be demonstrated by the source through properly signed, contemporaneous operating logs, or other relevant evidence that:
	(1)	An emergency occurred and that the permittee can identify the cause(s) of the emergency;
	(2)	The permitted facility was at the time being properly operated;
	(3)	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 of the permit; and
	(4)	The permittee submitted notice of the emergency to the director by certified mail within two working days of the time when emission limitations were exceeded due to the emergency. This notice fulfills the requirement of 24.108(5)“b.” This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.
	d. 	In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.
	e. 	This provision is in addition to any emergency or upset provision contained in any applicable requirement.
	24.108(17) Permit reopenings.
	a. 	A Title V permit issued to a major source shall require that revisions be made to incorporate applicable standards and regulations adopted by the Administrator pursuant to the Act, provided that:
	(1)	The reopening and revision on this ground is not required if the permit has a remaining term of less than three years;
	(2)	The reopening and revision on this ground is not required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions have been extended pursuant to 40 CFR §70.4(b)(10)(i) or (ii) as amended through October 6, 2009; or
	(3)	The additional applicable requirements are implemented in a general permit that is applicable to the source and the source receives approval for coverage under that general permit.
	b. 	The revisions shall be made as expeditiously as practicable, but not later than 18 months after the promulgation of such standards and regulations. Any permit revision required pursuant to this subrule shall be treated as a permit renewal.
	24.108(18) Permit shield. The provisions for a permit shield as set forth in 40 CFR §70.6(f) are adopted by reference.
	24.108(19) Emission trades. For emission trades at facilities solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements, permit applications under this provision are required to include proposed replicable procedures and proposed permit terms that ensure the emission trades are quantifiable and enforceable.
[ARC 7953C, IAB 5/15/24, effective 6/19/24]