Section 127.512. Operating permit terms and conditions

(a) Each permit issued to a Title V facility shall, at a minimum, contain the permit terms and conditions required by this section.

(b) The permit shall contain a severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to a portion of the permit.

(c) The permit shall contain provisions stating the following:

(1) The permittee shall comply with conditions of the operating permit. Noncompliance with the permit constitutes a violation of the Clean Air Act and the act and is grounds for one or more of the following:

(i) Enforcement action.

(ii) Permit termination, revocation and reissuance or modification.

(iii) Denial of a permit renewal application.

(2) The need to halt or reduce activity is not a defense. It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the conditions of this permit.

(3) 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 a permit condition.

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

(5) The permittee shall furnish to the Department, within a reasonable time, 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 the records directly to the Administrator of the EPA along with a claim of confidentiality.

(d) The permit shall contain a provision to ensure that a Title V facility pays fees to the Department consistent with Subchapter I (relating to plan approval and operating permit fees).

(e) The permit shall contain a provision stating that a permit revision is not required, under approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are provided for in the permit.

(f) The permit shall contain terms and conditions for reasonably anticipated operating scenarios identified by the source in its application and approved by the Department. The terms and conditions:

(1) Shall require the source, when operating under the permit and contemporaneously with making a change from one operating scenario to another, to record in a permitting log at the permitted facility a record of the scenario under which it is operating.

(2) Shall extend the permit shield described in § 127.516 (relating to permit shield) to the terms and conditions under each operating scenario unless precluded by the Clean Air Act or the regulations thereunder.

(3) Shall ensure that the terms and conditions of each alternative scenario meet the applicable requirements and the requirements of this part.

(g) The permit shall contain 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 the increases and decreases. The terms and conditions:

(1) Shall include the terms required by this article to determine compliance.

(2) Shall extend the permit shield described in § 127.516 to the terms and conditions that allow the increases and decreases in emissions unless precluded by the Clean Air Act and the regulations thereunder.

(3) Shall meet the applicable requirements and requirements of this article.

(h) The permit shall contain emission limits and standards, including those operational requirements and limitations that assure compliance with the applicable requirements at the time of permit issuance.

(i) The permit shall contain a requirement that the permittee develop an accident release program consistent with the Clean Air Act and the regulations thereunder.

(j) Except when precluded by the Clean Air Act, the regulations thereunder or of this title, if the permit contains emission limitations for VOCs or PM₁₀ but does not specifically limit the emissions of pollutants regulated under section 112 of the Clean Air Act (42 U.S.C.A. § 7412) the permit shall contain a requirement that the permittee can modify the mixture of pollutants regulated under section 112 which are VOCs or PM₁₀ so long as the emission limitations of the permit are not violated. The permittee shall keep a log which identifies the mixture of pollutants regulated under section 112 and report the changes in the mixture of pollutants regulated under section 112 with the next report required to be provided to the Department.