Imation
Pre-Draft Title V Permit - Section V
VCAPCD Part 70 Permit No. 0029 - PRE-DRAFT
Section V Additional General Conditions
This section contains general Part 70 permit
conditions and general APCD permit to operate conditions. The general
Part 70 permit conditions are associated with general federal requirements
that apply to all Title V facilities. These conditions are based on
APCD Rules 8, 30, 32, and 33, and 40 CFR Part 70.
The general permit to operate conditions
are associated with general District requirements that apply to all
operating Title V facilities. These conditions are based on APCD Rules
19, 20, 22, and 27.
In this section the term Permittee refers
to Imation Camarillo, and the term District refers to VCAPCD.
Ventura County Air Pollution Control District
General Part 70 Permit Conditions
1. The permittee shall comply with all federally-enforceable conditions of the Part 70 permit. Any permit noncompliance constitutes a violation of the federal Clean Air Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of an application for reissuance of the permit. (40 CFR 70.6(a)(6)(i), APCD Rule 33.3.A.6)
2. The permittee shall continue to comply with all the applicable requirements with which the company has certified that it is already in compliance. The permittee shall comply in a timely manner with applicable requirements that become effective during the permit term of this permit.
3. The permittee shall promptly report deviations from Part 70 permit requirements, including those attributable to upset conditions as defined in the Part 70 permit, the probable cause of the deviations, and any corrective actions or preventive measures taken. Promptly is defined as no later than four (4) hours after its detection by such owner or operator, or his agents or employees. (40 CFR 70.6(a)(3)(iii)(B), APCD Rule 33.3.A.3, APCD Rule 32.B.l)
4. The need to halt or reduce activity is not a defense. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Part 70 permit. (40 CFR 70.6(a)(6)(ii), APCD Rule 33.3.A.7)
5. The permittee shall retain records of all required monitoring data and support information for a period of at least five (5) 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 recordings for continuous monitoring instrumentation, and copies of all reports required by the Part 70 permit. All applicable reports shall be submitted to the District at least every 6 months and shall be certified by a responsible official. (40 CFR 70.6(a)(3)(ii)(B), 40 CFR 70.6(a)(3)(iii)(A), APCD Rule 33.3.A.3)
6. The permittee shall furnish to the District, within a reasonable time, any information that the District may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the Part 70 permit or to determine compliance with the Part 70 permit. Upon request, the permittee shall also furnish to the District copies of records required to be kept by the Part 70 permit or, for information claimed to be confidential, the permittee may furnish such records directly to the Administrator of the EPA along with a claim of confidentiality. (40 CFR 70.6(a)(6)(v), APCD Rule 33.3.A.10)
7. In accordance with 40 CFR 70.6(c)(2), APCD Rule 8, and APCD Rule 33.3.B.1, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the District or an authorized representative to perform the following:
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a) Enter upon the permittee's
premises where a Part 70 source is located or emissions-related activity
is conducted, or where records must be kept under the conditions of
the Part 70 permit;
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b) Have access to and copy,
at reasonable times, any records that must be kept under the conditions
of the Part 70 permit;
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c) Inspect at reasonable times
any facilities, equipment (including monitoring and air pollution
control equipment), practices, or operations regulated or required
under the Part 70 permit; and
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d) As authorized by the federal
Clean Air Act, sample or monitor at reasonable times substances or
parameters for the purpose of assuring compliance with the Part 70
permit or applicable requirements.
8. The Part 70 permit may be modified, revoked, reopened, 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. (40 CFR 70.6(a)(6)(iii), APCD Rule 33.3.A.8)
9. A Part 70 permit shall be reopened under the following conditions (40 CFR 70.7(f), APCD Rule 33.8.A) :
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a) Additional applicable requirements
under the federal Clean Air Act that are not expressly accounted for
in this permit become applicable to the facility with a remaining
Part 70 permit term of 3 or more years. Such a reopening shall be
completed not later than 18 months after promulgation of the applicable
requirement. No such reopening is required if the effective date of
the requirement is later than the date on which the Part 70 permit
is due to expire, unless the original Part 70 permit or any of its
terms and conditions has been extended pursuant to APCD Rule 33.6.D;
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b) Additional requirements
(including excess emissions requirements) become applicable to an
affected source under the acid rain program. Upon approval by the
Administrator of the EPA, excess emissions offset plans shall be deemed
to be incorporated into the Part 70 permit;
c) The District or EPA determines that the Part 70 permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the Part 70 permit; or
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d) The Administrator of the
EPA or the District determines that the Part 70 permit must be revised
or revoked to assure compliance with the applicable requirements.
10. The Part 70 permit does not convey any property rights of any sort, or any exclusive privilege. (40 CFR 70.6(a)(6)(iv), Rule 33.3.A.9)
11. If any term or condition of this Part 70 permit shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not effect or invalidate the remainder of this Part 70 permit, but shall be confined in its operation to the term or condition directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the District, that this Part 70 permit would have been issued and enforced in any case had such invalid term or condition not been included. (40 CFR 70.6(a)(5), Rule 33.3.A.5)
12. The Permittee shall pay fees to the District in accordance with the "Memorandum of Understanding" mutually agreed upon by the District and the Permittee. All fees required by the District shall be paid on a timely basis as requested by the District. (40 CFR 70.6(a)(7), Rule 30, Rule 33.3.A.11)
13. All terms and conditions of this permit, unless otherwise specified, are enforceable by the EPA and citizens under the CAA. (40 CFR 70.6(b))
14. Any Part 70 application and any document, including reports, schedule of compliance progress reports, and compliance certification, required by this Part 70 permit shall be certified by a responsible official. The certification shall state that, based on information and belief formed after a reasonable inquiry, the statements and information in the document are true, accurate, and complete. (40 CFR 70.6(c)(5), APCD Rule 33.9.D)
15. Permittee shall submit a certification of compliance with all applicable requirements and all Part 70 permit conditions. A compliance certification shall be submitted with any Part 70 permit application and annually, on the date of the anniversary date of the Part 70 permit, or on a more frequent schedule if required by an applicable requirement or permit condition.
This compliance certification shall identify each applicable requirement or condition of the Part 70 permit, the compliance status of the stationary source, whether the compliance was continuous or intermittent since the last certification, and the method(s) used to determine compliance. In addition, the certification shall indicate the stationary source's compliance status with any applicable enhanced monitoring and compliance certification requirement of the federal Clean Air Act. A copy of each compliance certification shall be submitted to EPA Region IX. (40 CFR 70.6(c)(5), APCD Rule 33.3.B.3, APCD Rule 33.9.C)
16. An application for reissuance of this Part 70 permit must be submitted no more than 18 months prior to the expiration date and no less than 6 months prior to the expiration date as stated on this permit. The application shall be subject to the same procedural requirements, including those for public participation and EPA review, that apply to initial Part 70 permit issuance. (40 CFR 70.5(a)(1)(iii), 40 CFR 70.7(c)(1)(i), APCD Rule 33.6.B)
Ventura County Air Pollution Control District
General Permit to Operate Conditions
1. Within 10 days after receipt of a permit to operate, the permittee may petition the Hearing Board, in writing, to review any new or modified condition on the permit. (APCD Rule 22)
2. This permit to operate, or a copy, shall be posted reasonably close to the subject equipment and shall be readily accessible to inspection personnel from the District. Posting a copy of the "Permitted Equipment and Applicable Requirements" Section, contained in Section I of this permit, will fulfill this requirement if the entire permit to operate is readily available at another location at the stationary source. (APCD Rule 19)
3. This permit to operate is not transferable from one location to another unless the equipment is specifically listed as being portable. (APCD Rule 20)
4. If, within a reasonable amount of time, any permittee refuses to furnish information requested by the District, the District may suspend this permit to operate. The permittee will be informed, in writing, of the permit suspension and the reasons for the suspension. (APCD Rule 27)