All part 70 permits shall contain the following elements with respect to compliance:
(1)
- (A) Consistent with 8 CAR § 42-601(3), compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit.
- (B) Any document, including reports, required by a part 70 permit shall contain a certification by a responsible official consistent with 8 CAR § 42-310 and Section 114(a)(3) of the Act;
(2) Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Division of Environmental Quality or an authorized representative to perform the following:
- (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 permit;
- (B) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;
- (C) Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and
- (D) As authorized by the Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements;
- (3) A schedule of compliance consistent with 8 CAR § 42-302(c)(2)(H);
(4)
- (A) Progress reports consistent with an applicable schedule of compliance and 8 CAR § 42-302(c)(2)(H) to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the division.
(B) Such progress reports shall contain the following:
- (i) 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
- (ii) 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;
(5)
(A) Requirements for compliance certification with terms and conditions contained in the permit, including:
- (i) Emission limitations;
- (ii) Standards; or
- (iii) Work practices.
(B) Permits shall include each of the following:
- (i) The frequency, not less than annually or such more frequent periods as specified in the applicable requirement or by the division, of submissions of compliance certifications;
(ii) In accordance with 8 CAR § 42-601(3), a means for monitoring the compliance of the source with its:
- (a) (a) Emissions limitations;
- (b) (b) Standards; and
- (c) (c) Work practices;
(iii) A requirement that the compliance certification include all of the following, provided that the identification of applicable information may cross-reference the permit or previous reports, as applicable:
- (a) (a) The identification of each term or condition of the permit that is the basis of the certification;
- (b)
- (1) (b)(1) The identification of the method or methods or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period, and whether such methods or other means provide continuous or intermittent data.
- (2) (2) Such methods and other means shall include, at a minimum, the methods and means required under 8 CAR § 42-601(3).
(3) (3) If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with Section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material information;
- (c)
- (1) (c)(1) The status of compliance with the terms and conditions of the permit for the period covered by the certification, based on the method or means designated in subdivision (5)(B)(iii)(b) of this section.
- (2) (2) The certification shall identify each deviation and take it into account in the compliance certification.
(3) (3) The certification shall also identify as possible exceptions to compliance any periods during which compliance is required and in which an excursion or exceedance occurred; and
(d) (d) Such other facts as the division may require to determine the compliance status of the source; and
- (iv) A requirement that all compliance certifications be submitted to the Administrator of the Environmental Protection Agency as well as to the division; and
- (6) Such other provisions as the division may require.