Common use of PERMIT CONTENT Clause in Contracts

PERMIT CONTENT. According to 40 CFR §70.6 (a) (1), each permit issued shall include “Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance.” Subparagraph i and ii go on to point out that duplicate requirements and overlapping requirements must be reconciled. Without prejudice, the DAQM permit evades many requirements and does not clearly include the “streamlining” demonstration prescribed in EPA white papers. DAQM and its predecessor agencies have issued permits pursuant to APCR Section 12 since 1987. Section 12 contains regulations that are not federally enforceable, are not SIP approved, and are less stringent than approved SIP requirements. Consequently, all Part 70 permits that were issued by DAQM that are based on the Section 12 since 1987, are misleading to the public, unlawful, and do not comply with the requirement to “assure compliance with all applicable requirements at the time of permit issuance.” Compliance requirements are missing from the permit. The proposed permit allows non- quantifiable means of measurement (emission factors) in place of performance tests and CEMS that would quantify emissions.

PERMIT CONTENT. According to 40 CFR §70.6 (a) (1), each permit issued shall include “Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance.” Subparagraph i and ii go on to point out that duplicate requirements and overlapping requirements must be reconciled. Without prejudice, the DAQM permit evades many requirements and does not clearly include the “streamlining” demonstration prescribed in EPA white papers. DAQM and its predecessor agencies have issued permits pursuant to APCR Section 12 since 1987. Section 12 contains regulations that are not federally enforceable, are not SIP approved, and are less stringent than approved SIP requirements. Consequently, all Part 70 permits that were issued by DAQM that are based on the Section 12 since 1987, are misleading to the public, unlawful, and do not comply with the requirement to “assure compliance with all applicable requirements at the time of permit issuance.” Compliance requirements are missing from the permit. The proposed permit allows non- quantifiable means of measurement (emission factors) in place of continuous emission monitors and performance tests and CEMS that would quantify emissions.