Each permit issued under this program shall include the following elements:

1. (1)

   1. (A) Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance.
   2. (B) 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.
   3. (C) 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 of the Environmental Protection Agency.

   4. (D) If an applicable implementation plan allows a determination of an alternative emission limit at a part 70 source, equivalent to that contained in the plan, to be made in the permit issuance, renewal, or significant modification process, and the Division of Environmental Quality elects to use such process, any permit containing such equivalency determination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be:

      1. (i) Quantifiable;
      2. (ii) Accountable;
      3. (iii) Enforceable; and
      4. (iv) Based on replicable procedures;

2. (2)

   1. (A) The division shall issue permits for a fixed term of five (5) years in the case of acid rain sources, and for a term not to exceed five (5) years in the case of all other part 70 sources.
   2. (B) Notwithstanding this requirement, the division shall issue permits for solid waste incineration units combusting municipal waste subject to standards under Section 129(e) of the Act for a period not to exceed twelve (12) years and shall review such permits at least every five (5) years;

3. (3)

   1. (A) Monitoring and related recordkeeping and reporting requirements.

   2. (B) Each permit shall contain the following requirements with respect to monitoring:

      1. (i)

         1. (a) (a) All monitoring and analysis procedures or test methods required under applicable monitoring and testing requirements, including 40 C.F.R. pt. 64, and any other procedures and methods that may be promulgated pursuant to Sections 114(a)(3) or 504(b) of the Act.
         2. (b) (b) If more than one (1) monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions provided the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements that are not included in the permit as a result of such streamlining;

      2. (ii)

         1. (a) (a) 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 subdivision (3)(C) of this section.
         2. (b) (b) Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement.
      3. (c) (c) Recordkeeping provisions may be sufficient to meet the requirements of this subdivision (3)(B)(ii); and
      4. (iii) As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.

   3. (C) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following:

      1. (i) Records of required monitoring information that include the following:

         1. (a) (a) The date, place as defined in the permit, and time of sampling or measurements;
         2. (b) (b) The date or dates analyses were performed;
      2. (c) (c) The company or entity that performed the analyses;

      3. (d) (d) The analytical techniques or methods used;

         1. (e) (e) The results of such analyses; and
         2. (f) (f) The operating conditions as existing at the time of sampling or measurement; and

      4. (ii)

         1. (a) (a) Retention of 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.
         2. (b) (b) Support information includes:
4. (1) (1) All calibration and maintenance records;
5. (2) (2) All original strip-chart recordings for continuous monitoring instrumentation; and

6. (3) (3) Copies of all reports required by the permit.

   1. (D) With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following:

      1. (i)

         1. (a) (a) Submittal of reports of any required monitoring at least every six (6) months.
         2. (b) (b) All instances of deviations from permit requirements must be clearly identified in such reports.
      2. (c) (c) All required reports must be certified by a responsible official consistent with 8 CAR § 42-310 and Section 114(a)(3) of the Act; and

      3. (ii)

         1. (a) (a) 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.
         2. (b) (b) The division shall define in each permit “prompt” in relation to the degree and type of deviation likely to occur and the applicable requirements;

7. (4)

   1. (A) A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder.
   2. (B) 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.

   3. (C)

      1. (i) No limit shall be placed on the number of allowances held by the source.
      2. (ii) The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement.
   4. (D) Any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Act;
8. (5) 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;

9. (6) Provisions stating the following:

   1. (A)

      1. (i) The permittee must comply with all conditions of the part 70 permit.

      2. (ii) Any permit noncompliance constitutes a violation of the Act and is grounds for:

         1. (a) (a) Enforcement action;
         2. (b) (b) Permit termination;
      3. (c) (c) Revocation and reissuance, or modification; or
      4. (d) (d) Denial of a permit renewal application;
   2. (B) 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 this permit;

   3. (C)

      1. (i) The permit may be modified, revoked, reopened, and reissued, or terminated for cause.
      2. (ii) 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;
   4. (D) The permit does not convey any property rights of any sort, or any exclusive privilege; and

   5. (E)

      1. (i) The permittee shall furnish to the division, within a reasonable time, any information that the division 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.
      2. (ii) Upon request, the permittee shall also furnish to the division copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the Administrator of the Environmental Protection Agency along with a claim of confidentiality;
10. (7) A provision to ensure that a part 70 source pays fees to the division consistent with the fee schedule approved pursuant to 8 CAR pt. 12;
11. (8) A provision stating 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;

12. (9)

    1. (A) Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the division.

    2. (B) Such terms and conditions:

       1. (i) 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;
       2. (ii) May extend the permit shield described in 8 CAR § 42-604 to all terms and conditions under each such operating scenario; and
       3. (iii) Must ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of this part; and

13. (10)

    1. (A) 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.

    2. (B) Such terms and conditions:

       1. (i) Shall include all terms required under 8 CAR §§ 42-601 and 42-603 to determine compliance;
       2. (ii) May extend the permit shield described in 8 CAR § 42-604 to all terms and conditions that allow such increases and decreases in emissions; and
       3. (iii) Must meet all applicable requirements and requirements of this part.