Subject: 10114/Code/Ch4/AirPoll/ArtIII-Pt70SourceReg&Permits Date: Mon, 27 Feb 1989 12:20:00 -0500 ORDINANCE NO. 10114 AN ORDINANCE TO AMEND CHATTANOOGA CITY CODE, PART II, CHAPTER 4, WHICH CHAPTER IS KNOWN AS "THE CHATTANOOGA AIR POLLUTION CONTROL ORDINANCE," BY ADDING A NEW ARTICLE DESIGNATED "ARTICLE III. PART 70 SOURCE REGULATION AND PERMITS". WHEREAS, Title V of the Clean Air Act Amendments of 1990 (Title V) requires special permit programs for certain identified sources of air pollution; and WHEREAS, the City of Chattanooga, Tennessee, has enacted and does enforce a local government air pollution control program pursuant to Tennessee Code Annotated, Section 68-201-115; and WHEREAS, Title V, aforesaid, as interpreted, explained and implemented through Title 40 Code of Federal Regulations Part 70, sets forth in detail the regulations required for the establishment of a local government air quality permitting system for the sources subject to Title V and 40 CFR Part 70 which are referred to herein as part 70 permits and part 70 sources; and WHEREAS, the enactment of an ordinance that follows closely the language of 40 CFR Part 70 will be beneficial in many respects; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: 0C SECTION 1. That the Chattanooga Air Pollution Control Ordinance be, and hereby is, amended to add the following regulations and requirements which are to apply only to the part 70 sources as herein defined and as identified under the "applicability" section hereof at Section 4-54. SECTION 2. That the Chattanooga City Code, Part II, Chapter 4, known as "the Chattanooga Air Pollution Control Ordinance," be and is hereby amended so as to add thereto a new Article designated "Article III. Part 70 Source Regulation and Permits", as is hereinafter set forth: ARTICLE III. PART 70 SOURCE REGULATION AND PERMITS Sec. 4-50. Part 70 sources. The provisions, requirements, limitations, exceptions and other terms of this ordinance apply to all part 70 sources and emissions units located at all part 70 sources, as are hereinafter defined, which are now existing or hereafter may be constructed or modified so as to become or to have the potential to become a part 70 source (or an emissions unit at a part 70 source) and does not apply to other sources. Part 70 sources are not subject to the procedural permitting requirements of Section 4-8 of the Chattanooga Air Pollution Control Ordinance except that part 70 sources (and emissions units located thereat or thereon) will be required to apply for installation permits in accordance with section 4-8(a) of the Chattanooga Air Pollution Control Ordinance if modifications to or new construction of a part 70 source are subject to the following: (a) Section 4-41, Rule 18 of the Chattanooga Air Pollution Control Ordinance; (b) Section 4-41, Rule 25.3 of the Chattanooga Air Pollution Control Ordinance; (c) Section 4-41, Rule 23 of the Chattanooga Air Pollution Control Ordinance; (d) Any standard or other requirement pursuant to regulations promulgated under section 111 of the Act [42 U.S.C. A77411], in 40 CFR Part 60, revised as of July 1, 1993, which is incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115; or (e) Case-by-case determinations made pursuant to sections 112(g) and (j) of the Act [42 U.S.C. A77412(g) and (j)] as set forth at Section 4-53 "Applicable requirement" (4) of this ordinance. All other sources that are not part 70 sources remain subject to the Chattanooga Air Pollution Control Ordinance but without regard to this enactment. The other (non-part 70) sources are exempt from the terms hereof, until such later time as by amendment hereof they are brought within the scope hereof. Nothing herein shall be construed to use the authority of the permitting agency to modify acid rain program requirements. Sec. 4-51. Permitting authority. The permitting authority, as is hereinafter defined, has authority to issue, terminate, modify, revoke and reissue permits in accordance with the provisions hereof and to enforce the requirements, conditions and elements of a part 70 permit and also to enforce the requirements for obtaining a permit and to collect the permit fees provided for herein and to enforce, in all ways permissible under law, the requirements and provisions of this ordinance. No part 70 source or emissions unit at a part 70 source may operate without the permit required herein, unless specifically excepted or exempted by this ordinance. Sec. 4-52. Program overview. (a) The regulations and requirements of this ordinance provide for the establishment of a comprehensive air quality permitting system consistent with the requirements of Title V of the Clean Air Act (Act) (42 U.S.C. A77401, et seq.) and 40 CFR Part 70. This ordinance and these regulations and requirements define the procedures and elements required by the ordinance for operating permits. (b) All sources subject to these regulations must have a permit to operate that assures compliance by the source with all applicable requirements and with the requirements of this ordinance. (c) In the case of Federal intervention in the permit process, the Administrator of EPA has reserved the right to implement this operating permit program, in whole or in part, or the Federal program contained in regulations promulgated under Title V of the Act. (d) The requirements of 40 CFR Part 70, revised as of July 1, 1993, which are incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115, including provisions regarding schedules for submission and approval or disapproval of permit applications, shall apply to the permitting of affected sources under the acid rain program, except as provided herein or modified in regulations promulgated under Title IV of the Act (acid rain program) promulgated under Title IV of the Act in 40 CFR Parts 72, 75, and 76 and revised as of July 1, 1993, and 40 CFR Part 76 at 59 Federal Register 13564-13580, which are incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115. If the provisions or requirements of 40 CFR Part 72 conflict with or are not included in this ordinance, the Part 72 provisions and requirements shall apply and take precedence. (e) The actions of the permitting authority shall not be used to modify any acid rain program requirements. Sec. 4-53. Definitions. The following definitions apply to this part of the Chattanooga Air Pollution Control Ordinance. Except as specifically provided in this section, terms used in this part retain the meaning accorded them under the applicable requirements of the Act. In the event that there are conflicts in the definition or contextual use of a term in this ordinance and the definition of that term in the Chattanooga Air Pollution Control Ordinance, the definition here shall apply in this part 70 program and the definition in other parts shall apply there. "Act" means the Clean Air Act, as amended, 42 U.S.C. A77401, et seq. "Actual emissions" means the actual rate of emissions in tons per year of any regulated pollutant (for presumptive fee calculation) emitted from a part 70 source over the preceding calendar year or any other period determined by the permitting authority to be representative of normal source operation and consistent with the fee schedule approved pursuant to this section. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and in-place control equipment, types of materials processed, stored, or combusted during the preceding calendar year or such other time period established by the permitting authority pursuant to the preceding sentence. [See Section 4-60(b)(2)(iii)] "Administrative permit amendment" means a permit revision that: (1) Corrects typographical errors; (2) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source; (3) Requires more frequent monitoring or reporting by the permittee; (4) Allows for a change in ownership or operational control of a source where the permitting authority determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the permitting authority; (5) Incorporates into the part 70 permit the requirements from preconstruction review permits authorized under an EPA-approved program, provided that such a program meets procedural requirements substantially equivalent to the requirements of 40 CFR A7A7 70.7 and 70.8 that would be applicable to the change if it were subject to review as a permit modification, and compliance requirements substantially equivalent to those contained in 40 CFR A770.6; or (6) Incorporates any other type of change which the Administrator has determined as part of the approved part 70 program to be similar to those in paragraphs (1) through (4) of this definition, provided that such "other type of change" has been identified in this ordinance by amendment subsequent to the action of the Administrator. "Administrator" means the Administrator of the United States Environmental Protection Agency. "Affected source" shall have the meaning given to it under Title IV of the Act which is a source that includes one or more affected units. "Affected States" are all States: (1) Whose air quality may be affected and that are contiguous to the State of Tennessee; or (2) That are within 50 miles of the permitted source. "Affected unit" shall have the meaning given to it under Title IV of the Act which is a unit that is subject to emission reduction requirements or limitations under Title IV of the Act. "Applicable requirements" mean all of the following requirements in the Act, as they apply to emissions units in a part 70 source (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future-effective compliance dates) which are specifically as follows: (1) Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR Part 52 where the same have been legally adopted by ordinance in Chattanooga, Tennessee; (2) Any term or condition of any preconstruction permits issued pursuant to regulations promulgated under Title I, including parts C or D, of the Act in 40 CFR Part 51 or 40 CFR 60, revised as of July 1, 1993, which are incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115; (3) Any standard or other requirement pursuant to regulations promulgated under section 111 of the Act [42 U.S.C. A77411] in 40 CFR Part 60, revised as of July 1, 1993, which is incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115; (4) Any standard or other requirement promulgated under section 112 of the Act [42 U.S.C. A77412], including any requirement concerning accident prevention under section 112(r)(7) of the Act [42 U.S.C. A77412(r)(7)], in 40 CFR Part 61, revised as of July 1, 1993, and 40 CFR Part 63, revised as of July 1, 1993, which are incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115, and 40 CFR Part 63, Subpart A "General Provisions" at 59 FR 12430-12459; 40 CFR Part 63 Subparts F, G, H and I, "Synthetic Organic Chemical Manufacturing Industry" at 59 FR 19453-19625; 40 CFR Part 63 Subpart M, "National Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities" at 58 FR 49376-49380 and 58 FR 66289; 40 CFR Part 63, Subpart L, "National Emission Standards for Coke Oven Batteries" at 58 FR 57911-57935 and 59 FR 1992; 40 CFR Part 63, Subpart E, "Approval of State Programs and Delegation of Federal Authorities" at 58 FR 62283-62288; Title 40 CFR Part 63 at 58 FR 62543; 40 CFR Part 63, Subpart B, "Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j)" at 59 FR 26449-26454; and 40 CFR Part 63, Subpart G, 49 FR 29201 and 40 CFR Part 68 at 59 FR 4493-4499 which are incorporated herein by reference pursuant to the provisions of T.C.A. 68-201- 11. No owner or operator may install or modify a part 70 source that is a major source of hazardous air pollutants [as defined in section 112(b) of the Act (42 U.S.C. A77412)] unless the maximum achievable control technology emission limitation promulgated under section 112 of the Act and incorporated by reference at Section 4-53 as an applicable requirement, will be met, and provided further that the maximum achievable control technology emission limitation determination shall be made by the permitting authority on a case-by-case basis as an interim measure pending such promulgation where such promulgation has not yet occurred. If a major source of hazardous air pollutants has executed an enforceable agreement with the Administrator pursuant to the Title 42 U.S. C. Section 7412(i)(5) Early Reductions Program that contains more stringent requirements or more stringent emissions limitations than would otherwise be applicable under this ordinance or the Chattanooga Air Pollution Control Ordinance, the part 70 permit issued to it shall include the requirements and emissions limitations contained in that agreement, unless the major source is subsequently released from said enforceable agreement and such release is confirmed in a writing signed by the Administrator, or designee, and submitted to the director; (5) Any standard or other requirement of the acid rain program promulgated under Title IV of the Act and which are incorporated by reference at Section 4-52(d) of this ordinance; (6) Any standard or other requirement governing solid waste incineration promulgated under section 129 of the Act [42 U.S.C. A77429], including 40 CFR Part 60, Subpart Ea, "Standards of Performance for Municipal Waste Combustors", revised as of July 1, 1993, which is incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115 and standards or other requirements that have been identified in this ordinance by amendment subsequent to the action of the Administrator; (7) Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act [42 U.S.C. A77511b.(e)] provided that these standards or other requirements have been identified in this ordinance by amendment subsequent to the action of the Administrator; (8) Any standard or other requirement for tank vessels, under section 183(f) of the Act [42 U.S.C. A77511b.(f)] provided that these standards or other requirements have been identified in this ordinance by amendment subsequent to the action of the Administrator; (9) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act in 40 CFR Part 82, Revised as of July 1, 1993, which is incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115, unless the Administrator has determined that such requirements need not be contained in a part 70 permit; (10) Any national ambient air quality standard or increment or visibility requirement under part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act [42 U.S.C. A77661c.(e)]; (11) All requirements of 40 CFR Part 70, revised as of July 1, 1993, which are incorporated by reference at Section 4-52(d) of this ordinance; and (12) Any standard or requirement set forth in Section 4-41 of the Chattanooga Air Pollution Control Ordinance. If a federal regulation is promulgated that does have, or would have, application to a Part 70 source or emissions unit, the Board shall cause the Bureau to prepare within 60 days a draft ordinance for consideration at a public hearing and the Board shall within 120 days make a recommendation to the City concerning a proposed ordinance. "Board" means the Chattanooga-Hamilton County Air Pollution Control Board. "Bureau" means the Chattanooga-Hamilton County Air Pollution Control Bureau. "Certification" shall mean a notarized attested statement under oath by a responsible official of the truth, accuracy, and completeness that, based on information and belief formed after reasonable inquiry the statements and information in the document or submittal are true, accurate and complete. It shall constitute a certification under T.C.A. 68-201-112, as amended in 1994. "Designated representative" shall have the meaning given to it in section 402(26) of the Act [42 U.S.C. A77651a.(26)] which is a responsible person or official authorized by the owner or operator of a unit to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to a unit, and the submission of and compliance with permits, permit applications, and compliance plans for the unit. "Director" means the director of the Chattanooga-Hamilton County Air Pollution Control Bureau. "Draft permit" means the version of a permit for which the permitting authority offers public participation under Section 4-58(h) of this ordinance or affected State review under Section 4-59 of this ordinance. "Emissions allowable under the permit" means a legally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or an enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. "Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act [42 U.S.C. A77412(b)]. This term is not meant to alter or affect the definition of the term "unit" for purposes of any other part of the local ordinance. The "EPA" or the "Administrator" means the Administrator of the EPA or his/her designee. "Final permit" means the version of a part 70 permit issued by the permitting authority that has completed all review procedures required by this ordinance and by federal law. "Fugitive emissions" are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. "General permit" means a part 70 permit that has been issued pursuant to and meets the requirements of Section 4-57(d) of this ordinance. "Local governments" means Hamilton County, Tennessee, and all included municipalities. "Local program" (for this part of the ordinance) means part 70 program as hereinafter defined. "Major source" means any stationary source [or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)], belonging to a single major industrial grouping and that are described in paragraphs (1), (2), or (3) of this definition. For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same Major Group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. (1) A major source under section 112 of the Act [42 U.S.C. A77412], which is defined as: (i) For pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act [42 U.S.C. A77412(b)], 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentences, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or (ii) For radionuclides, "major source" shall have the meaning identified in this ordinance by amendment subsequent to the action of the Administrator. (2) A major stationary source of air pollutants, as defined in section 302 of the Act [42 U.S.C. A77602(j)], that directly emits or has the potential to emit, 100 tpy or more of any air pollutant (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) of the Act [42 U.S.C. A77602(j)], unless the source belongs to one of the following categories of stationary source: (i) Coal cleaning plants (with thermal dryers); (ii) Kraft pulp mills; (iii)Portland cement plants; (iv) Primary zinc smelters; (v) Iron and steel mills; (vi) Primary aluminum ore reduction plants; (vii)Primary copper smelters; (viii)Municipal incinerators capable of charging more than 250 tons of refuse per day; (ix) Hydrofluoric, sulfuric, or nitric acid plants; (x) Petroleum refineries; (xi) Lime plants; (xii)Phosphate rock processing plants; (xiii)Coke oven batteries; (xiv)Sulfur recovery plants; (xv) Carbon black plants (furnace process); (xvi)Primary lead smelters; (xvii)Fuel conversion plant; (xviii)Sintering plants; (xix)Secondary metal production plants; (xx) Chemical process plants; (xxi)Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; (xxii)Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (xxiii)Taconite ore processing plants; (xxiv)Glass fiber processing plants; (xxv)Charcoal production plants; (xxvi)Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or (xxvii)All other stationary source categories regulated by a standard promulgated under section 111 or 112 of the Act [42 U.S.C. A77411 and A77412], in 40 CFR Parts 60, 61, 63 and 68, which are incorporated herein by reference as an "applicable requirement" in Section 4-53 of this ordinance, but only with respect to those air pollutants that have been regulated for that category. (3) A major stationary source as defined in part D of Title I of the Act, including: (i) For ozone nonattainment areas, sources with the potential to emit 100 tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate," 50 tpy or more in areas classified as "serious," 25 tpy or more in areas classified as "severe," and 10 tpy or more in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 tpy of nitrogen oxides shall not apply with respect to any source for which the Administrator has made a finding, under section 182(f)(1) or (2) of the Act [42 U.S.C. A77511a.(f)(1) or (2)], that requirements under section 182(f) of the Act [42 U.S.C. A77511a.(f)] do not apply; (ii) For ozone transport regions established pursuant to section 184 of the Act [42 U.S.C. A77511c], sources with the potential to emit 50 tpy or more of volatile organic compounds; (iii)For carbon monoxide nonattainment areas (1) that are classified as "serious," and (2) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50 tpy or more of carbon monoxide; and (iv) For particulate matter (PM-10) nonattainment areas classified as "serious," sources with the potential to emit 70 tpy or more of PM-10. "Modification" means any physical change in, or change in the method of operation of, a regulated air pollutant source which increases the actual emissions of any regulated air pollutant emitted by such source or increases its potential to emit any regulated air pollutant or which results in the emission of any regulated air pollutant not previously emitted by it. "Owner or operator" means any person who owns, leases, operates, controls, or supervises a source. "Part 70 application" means an application which fully complies with the requirements of Section 4-56 of this ordinance. "Part 70 general permit" means a part 70 permit issued under Section 4-57(d) of this ordinance. "Part 70 permit" or "permit" (unless the context suggests otherwise) means any permit or group of permits covering a part 70 source that is issued, renewed, amended, or revised pursuant to this ordinance. "Part 70 program" or "Local program" means the program, established by ordinance, approved by the Administrator under 40 CFR Part 70. "Part 70 source" means any source subject to the permitting requirements of this ordinance and as required in 40 CFR A7A770.3(a) and 70.3(b) and as set forth in Section 4-54 of this ordinance. "Permit modification" means a revision to a part 70 permit that meets the requirements of 40 CFR A770.7(e) and Section 4-58(e) of this ordinance. "Permit program costs" means all reasonable (direct and indirect) costs required to develop and administer a permit program, as set forth in 40 CFR A770.9(b) and Section 4-60(b) of this ordinance (whether such costs are incurred by the permitting authority or other agencies that do not issue permits directly, but that support permit issuance or administration). "Permit revision" means any permit modification or administrative permit amendment. "Permitting authority" means either of the following: (1) The Administrator, in the case of EPA-implemented programs; or (2) The director of the Chattanooga-Hamilton County Air Pollution Control Bureau, acting under delegation of authority from the Board. Upon appeal of a permit issuance, denial, condition, failure to act or other permit action (or any other time that the Chairman of the Board asserts the primacy of the Board), the permitting authority is the Chattanooga-Hamilton County Air Pollution Control Board. "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable under this ordinance and by the Administrator. This term does not alter or affect the use of this term for any other purposes under any other sections of this ordinance or under the Act, or the term "capacity factor" as used in Title IV of the Act or the regulations promulgated thereunder at 40 CFR Part 72 adopted by reference in Section 4-52(d) of this ordinance. "Proposed permit" means the version of a permit that the permitting authority proposes to issue and forwards to the Administrator for review in compliance with 40 CFR A770.8. "Regulated air pollutant" means the following: (1) Nitrogen oxides or any volatile organic compounds; (2) Any pollutant for which a national ambient air quality standard has been promulgated in 40 CFR Part 50, revised July 1, 1993 which is incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115; (3) Any pollutant that is subject to any standard that has been promulgated under section 111 of the Act [42 U.S.C. A77411] in 40 CFR Part 60, revised as of July 1, 1993, which is incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115 or Section 4-41, Rule 15 of the Chattanooga Air Pollution Control Ordinance. (4) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act in 40 CFR Part 82, Revised as of July 1, 1993, which is incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115. (5) Any pollutant subject to a standard that has been promulgated under section 112 of the Act [42 U.S.C. A77412] in 40 CFR Part 61, revised as of July 1, 1993, and 40 CFR Part 63 revised as of July 1, 1993, which are incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115, and 40 CFR Part 63, Subpart A "General Provisions" at 59 FR 12430-12459; 40 CFR Part 63 Subparts F, G, H and I, "Synthetic Organic Chemical Manufacturing Industry" at 59 FR 19453-19625; 40 CFR Subpart M, "National Perchloroethylene Air Emissions Standards for Dry Cleaning Facilities" at 58 FR 49376-49380 and 58 FR 66289; 40 CFR Part 63, Subpart L, "National Emission Standards for Coke Oven Batteries" at 58 FR 57911-57935 and 59 FR 1992; 40 CFR Part 63, Subpart E, "Approval of State Programs and Delegation of Federal Authorities" at 58 FR 62283-62288; Title 40 CFR Part 63 at 58 FR 62543; 40 CFR Part 63, Subpart B, "Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j)" at 59 FR 26449-26454; and 40 CFR Part 63, Subpart G, 49 FR 29201 and 40 CFR Part 68 at 59 FR 4493-4499 which are incorporated herein by reference pursuant to the provisions of T.C.A. 68-201- 115, including the following: (i) Any pollutant subject to requirements under section 112(j) of the Act [42 U.S.C. A77412(j)]. If the Administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the Act [42 U.S.C. A77412(e)], any pollutant for which a subject source would be a major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the Act [42 U.S.C. A77412(e)]; and (ii) Any pollutant for which the requirements of section 112(g)(2) of the Act [42 U.S.C. A77412(g)(2)] have been met, but only with respect to the individual source subject to section 112(g)(2) of the Act [42 U.S.C. A77412(g)(2)] requirements. "Regulated pollutant (for presumptive fee calculation)," which is used only for purposes of Section 4-60 of this ordinance, means any "regulated air pollutant" except the following: (1) Carbon monoxide; (2) Any pollutant that is a regulated air pollutant solely because it is a Class I or II substance subject to a standard that has been promulgated under or established by Title VI of the Act. The standards referred to are found at 40 CFR Part 82, revised as of July 1, 1993, which are incorporated by reference at Section 4-53 "Applicable requirement" (9) of this ordinance; or (3) Any pollutant that is a regulated air pollutant solely because it is subject to a standard or regulation under section 112(r) of the Act [42 U.S.C. A77412(r)] which is incorporated herein by reference pursuant to the provisions of T.C.A. 68-201-115. (4) Any pollutant resulting from any insignificant activity listed at Section 4-56(c)(11) and Section 4-56(c)(12) of this ordinance. "Renewal" means the process by which a permit is reissued at the end of its term. "Research and development facility" means any stationary source whose primary purpose is to conduct research and development into new processes and products, where such source is operated under the close supervision of technically trained personnel and is not engaged in the manufacture of products for commercial sale in commerce, except where such sales do not exceed 2% of the gross receipts of the source for which it is conducting the research and development. "Responsible official" means one of the following: (1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function. For corporations qualifying under the criteria below, a "responsible official" may be any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter l980 dollars); or (ii) the delegation of authority to such representative is approved in advance by the permitting authority; (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; (3) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (4) For affected sources: (i) The designated representative in so far as actions, standards, requirements, or prohibitions are concerned under Title IV of the Act or any applicable requirement promulgated thereunder which are adopted by reference at Section 4-52(d) of this ordinance; and (ii) The designated representative for any other purposes under 40 CFR Part 70. "Section 502(b)(10) changes" are changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. "Significant change" shall have the meaning set forth in Section 4-58(e)(3)(i) of this ordinance. "State" means any non-Federal permitting authority, including any local agency, interstate association, or statewide program. Where such meaning is clear from the context, "State" shall have its conventional meaning. For purposes of the acid rain program, the term "State" shall be limited to authorities within the 48 contiguous States and the District of Columbia as provided in section 402(14) of the Act [42 U.S.C. A77651a.(14)]. "State Implementation Plan", "Implementation Plan" or "SIP" means the Chattanooga portion of the Tennessee State Implementation Plan. "Stationary source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act [42 U.S.C. A77412(b)]. "Synthetic minor source" means a source that would otherwise be considered a part 70 source, due to its potential to emit, if it were not for a mutually agreed upon, more restrictive, federally enforceable limitation, contained in an installation permit, or certificate of operation issued pursuant to Section 4-8 of the Chattanooga Air Pollution Control Ordinance upon the potential to emit of that source under its physical and operational design. All emissions limitations, controls, and other requirements imposed by such permit or certificate of operation shall be at least as stringent as any other applicable limitations and requirements contained in the Chattanooga Air Pollution Control Ordinance and enforceable thereunder. "Temporary locations" means the locations that conform to Section 4-57(e) of this ordinance. Sec. 4-54. Applicability. (a) Part 70 sources. This ordinance applies to emissions units at part 70 sources and to part 70 sources which are defined to be: (1) Any major source; (2) Any source, including an area source, subject to a standard, limitation, or other requirement under section 111 of the Act [42 U.S.C. A77411]; (3) Any source, including an area source, subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Act [42 U.S.C. A77412(r)]; (4) Any affected source; and (5) Any source in a source category designated by the Administrator pursuant to 40 CFR A770.3 and which, in the event of such designation, shall be included into local law by amendment to the ordinance. (b) Source category exemptions. (1) All sources listed in paragraph (a) of this section that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to section 129(e) of the Act [42 U.S.C. A77429], are not part 70 sources and are exempted from the obligation to obtain a part 70 permit until such time as the Administrator completes a rulemaking to determine how the program should be structured for non-major sources and the appropriateness of any permanent exemptions in addition to those provided for in paragraph (b)(4) of this section. (2) In the case of non-major sources subject to a standard or other requirement promulgated under either section 111 or section 112 of the Act [42 U.S.C. A77411 or 7412] after July 21, 1992, the Administrator has reserved the right to determine whether to exempt any or all such applicable sources from the requirement to obtain a part 70 permit and such determination will be incorporated thereafter by amendment of this ordinance. (3) Any source listed in paragraph (a) of this section which has been declared exempt from the requirement to obtain a permit under this section may opt to apply for a permit under a part 70 program. (4) The following source categories are exempted from the obligation to obtain a part 70 permit: (i) All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 60, Subpart AAA - Standards of Performance for New Residential Wood Heaters; and (ii) All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, A76l.145, Standard for Demolition and Renovation. (5) Research and development facilities and operations (R & D operations) are not exempt sources or exempt emissions units, but R & D operations are entitled to special treatment. The permitting authority will treat an R & D facility as separate from the manufacturing facility with which it is co-located. The R & D facility will be treated as though it were a separate source and is required to have a part 70 permit only if the R & D facility itself is a major source. (c) Emissions units and part 70 sources. (1) For major sources, the permitting authority shall include in the permit all applicable requirements for all relevant emissions units in the major source. (2) For any non-major source subject to the part 70 program under paragraphs (a) or (b) of this section, the permitting authority shall include in the permit all applicable requirements applicable to emissions units that cause the source to be subject to the part 70 program. (d) Fugitive emissions. Fugitive emissions from a part 70 source shall be included in the part 70 permit application and the part 70 permit in the same manner as stack emissions, regardless of whether the source category in question is included in the list of sources contained in the definition of major source. (e) Synthetic minor sources. A part 70 source may choose to request federally enforceable physical or operational limitations on its potential to emit in order to avoid applicability of this ordinance. Such source must: (1) Comply with all requirements of Section 4-8 of the Chattanooga Air Pollution Control Ordinance; (2) Undergo public participation requirements. This requires that notice of a draft initial certificate(s) of operation for a synthetic minor source shall be given to the general public at least thirty (30) days in advance of a public hearing on the draft initial certificate(s) of operation and shall provide at least thirty (30) days for public comment. Such notice shall be given by publication in a newspaper of general circulation in Hamilton County, Tennessee. In addition, a copy of the draft certificate(s) of operation for a synthetic minor source shall be delivered to the U.S. Environmental Protection Agency at least thirty (30) days in advance of a public hearing on the draft certificate(s) of operation. Such advance notice must be given and a public hearing must be held prior to issuance of any certificate of operation to a synthetic minor source. Any certificate of operation issued to a synthetic minor source shall contain a statement of basis comparing the source's potential to emit with the synthetic limit to emit and a description of the procedures to be followed that will insure that the limit on which the director bases a determination that a source is a synthetic minor source and not a "major source", as defined in this ordinance, is not exceeded; (3) Submit a written request to the permitting authority within 12 months of becoming subject to this ordinance seeking synthetic minor source status. This request must contain the proposed physical and operational limitations on potential to emit; and (4) Be granted synthetic minor source status and maintain the operational and other criteria by which it gained that designation. Sec. 4-55. Local program submittals and transition. (a) The permitting authority shall develop and the Board shall adopt by Resolution, the following: (1) A complete program description describing how the municipality through the permitting authority intends to carry out its responsibilities under 40 CFR Part 70. (2) (i) Copies of the permit form(s), application form(s), and reporting form(s) that the permitting authority intends to employ in its program; and (ii) Relevant guidance issued by the permitting authority to assist in the implementation of its permitting program, including criteria for monitoring source compliance (e.g., inspection strategies). (3) A demonstration, consistent with Section 4-60(c) of this ordinance and with 40 CFR A770.9, that the permit fees required by the program are sufficient to cover permit program costs. Sec. 4-56. Permit applications. (a) Duty to apply. For each part 70 source, the owner or operator shall submit to the permitting authority a timely and complete permit application in accordance with the requirements of 40 CFR Part 70 and the requirements of this ordinance. (1) Timely application. (i) A timely application for a source applying for a part 70 permit for the first time is one that is submitted within 12 months after the source becomes subject to this ordinance. (ii) Part 70 sources or emissions units at part 70 sources required to meet the requirements under section 112(g) of the Act [42 U.S.C. A77412], or to have a permit under the preconstruction review program approved into the applicable implementation plan under part C or D of Title I of the Act, shall file a complete application to obtain the part 70 permit or permit revision within 12 months after commencing operation or on or before such earlier date as the permitting authority may establish. Any operation prior to obtaining a fully approved part 70 permit shall be subject to any applicable requirements of the provisions of this ordinance. Where an existing part 70 permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation. (iii)For purposes of permit renewal, a timely appli- cation is one that is submitted at least 6 months prior to the date of permit expiration. (iv) Applications for initial phase II acid rain permits shall be submitted to the permitting authority by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides. (2) Complete application. To be deemed complete, an application must provide all information required pursuant to paragraph (c) of this section, except that applications for permit revision need supply such information only if it is related to the proposed change. Information required under paragraph (c) of this section must be sufficient to evaluate the subject source and its application and to determine all applicable requirements. The application shall require that a responsible official certify the submitted information consistent with paragraph (d) of this section. Unless the permitting authority determines that an application is not complete within 60 days of receipt of the application, such application shall be deemed to be complete, except as otherwise provided in Section 4-58(a)(4) of this ordinance. If, while processing an application that has been determined or deemed to be complete, the permitting authority determines that additional information is necessary to evaluate or take final action on that application, it may request such information in writing and set a reasonable deadline for a response. The source shall furnish the required information. The source's ability to operate without a part 70 permit, as set forth in Section 4-58(b) of this ordinance, shall be in effect from the date the application is determined or deemed to be complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the permitting authority. Any terms and conditions effective in the most recently issued installation permits, temporary operating permits and certificates of operation issued to a part 70 source in accordance with Section 4-8 of the Chattanooga Air Pollution Control Ordinance prior to the effective date of this ordinance shall continue in full force and effect pending final action on the application. A completeness determination shall be made within 60 days of receipt of the application. (3) Confidential information. In the case where a source has submitted information to the permitting authority under a claim of confidentiality, the permitting authority may also require the source to submit a copy of such information directly to the Administrator. (b) Duty to supplement or correct application. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit. (c) Standard application form and required information. The permitting authority shall provide for a standard application form or forms. Information as described below for each emissions unit at a part 70 source shall be included in the application. The Administrator has reserved the overriding authority under 40 CFR A770.5(c) to approve or disapprove a list of insignificant activities and emissions levels. Subject to the approval of the Administrator and effective only after such approval, the activities listed at Section 4-56(c)(11) of this ordinance are deemed to be insignificant activities that need not be included in the permit application. Subject to the approval of the Administrator and effective only after such approval, the activities listed at Section 4-56(c)(12) of this ordinance are deemed to be insignificant activities because of size or production rate that must be included in the permit application in accordance with the permit forms as approved by the board pursuant to Section 4-55(a)(2) of this ordinance. The activities listed at 4-56(c)(12) need not comply with the requirements of Section 4-56(a)(2), Section 4-57(a)(3) and Section 4-57(c)(5) of this ordinance. An application may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required under the schedule approved pursuant to 40 CFR A770.9. The forms and attachments chosen, however, shall include the elements specified below: (1) Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact. (2) A description of the source's processes and products (by Standard Industrial Classification Code) including any associated with each alternate scenario identified by the source. (3) The following emissions-related information: (i) All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under this paragraph (c). The permitting authority shall require additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to collect any permit fees owed under the fee schedule approved pursuant to Section 4-60(b) of this ordinance. (ii) Identification and description of all points of emissions described in paragraph (c)(3)(i) of this section in sufficient detail to establish the basis for fees and applicability of requirements of the Act. (iii)Emissions rates in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method. (iv) The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules. (v) Identification and description of air pollution control equipment and compliance monitoring devices or activities. (vi) Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the part 70 source. (vii)Other information required by any applicable requirement (including information related to stack height limitations developed pursuant to section 123 of the Act [42 U.S.C. A77423]). (viii)Calculations on which the information in items (i) through (vii) above is based. (4) The following air pollution control requirements: (i) Citation and description of all applicable requirements, and (ii) Description of or reference to any applicable test method for determining compliance with each applicable requirement. (5) Other specific information that may be necessary to implement and enforce other applicable requirements of the Act or of this part or to determine the applicability of such requirements. (6) An explanation of any proposed exemptions from otherwise applicable requirements. (7) Additional information as determined to be necessary by the permitting authority to define alternative operating scenarios identified by the source pursuant to Section 4-57(a)(9) of this ordinance or to define permit terms and conditions implementing Section 4-58(i) or Section 4-57(a)(10) of this ordinance. (8) A compliance plan for all part 70 sources that contains all the following: (i) A description of the compliance status of the source with respect to all applicable requirements. (ii) A description as follows: (A) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements. (B) For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. (C) For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements. (iii)A compliance schedule as follows: (A) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements. (B) For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement. (C) A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable require- ments on which it is based. (iv) A schedule for submission of certified progress reports no less frequently than every 6 months for sources required to have a schedule of compliance to remedy a violation. (v) The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act which are incorporated by reference in Section 4-52(d) of this ordinance with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations. (9) Requirements for compliance certification, including the following: (i) A certification of compliance with all applicable requirements by a responsible official consistent with paragraph (d) of this section and section 114(a)(3) of the Act [42 U.S.C. A77414]; (ii) A statement of methods to be used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods; (iii)A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the permitting authority; and (iv) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act provided that these requirements have been identified in this ordinance by amendment subsequent to the action of the Administrator. (10) The use of nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Act. (11) The following activities, due to de minimus emissions levels, are deemed to be insignificant activities that need not be included in the permit application: (i) Mobile sources such as: automobiles, trucks, buses, locomotives, planes, boats, and ships. This exemption only applies to the emissions from the internal combustion engines used exclusively to propel such vehicles; (ii) Equipment used on farms for soil preparation, tending or harvesting of crops, or for preparation of feed to be used on the farm where prepared; (iii)Barbecue pits and cookers; if the products are edible (intended for human consumption), and are sold on site, or at one location; (iv) Any air emission or air emission unit at a domestic residence for domestic use except where open burning requires permit issuance or is expressly prohibited; (v) Wood smoking operations to cure tobacco in barns; (vi) Operations exempted under Section 4-41, Rule 6 of the Chattanooga Air Pollution Control Ordinance; (vii)Natural gas mixing and treatment operations including sampling and testing; (viii)Wire drawing including drawing coolants and lubricants provided-that they are water based; (ix) Open air drying of wood; (x) Exterior washing of trucks and vehicles; (xi) Sealing or cutting plastic film or foam with heat or hot wires; (xii)Combustion units designed and used exclusively for comfort heating purposes employing liquid petroleum gas, or natural gas as fuel; (xiii)Comfort air conditioning systems or comfort ventilating systems which are not used to remove air contaminants generated by or released from specific units of equipment; (xiv)Water cooling towers (except for those at nuclear power plants), water treating systems for process cooling water or boiler feedwater, and water tanks, reservoirs, or other water containers designed to cool, store, or otherwise handle water (including rainwater) that has not been in contact with gases or liquids containing carbon compounds, sulfur compounds, halogens or halogen compounds, cyanide compounds, inorganic acids, or acid gases; (xv) Equipment used for hydraulic, or hydrostatic testing; (xvi)Equipment used exclusively to store or hold dry natural gas; (xvii)Gasoline, diesel fuel, and fuel oil handling facilities, equipment, and storage tanks, except those subject to Section 4-53 "Applicable Requirements" (3) of this ordinance and Section 4- 41, Rule 25.7, Rule 25.8, and Rule 25.9 of the Chattanooga Air Pollution Control Ordinance; (xviii)Blast cleaning equipment using a suspension of abrasives in water; (xvix)Laboratory equipment used exclusively for chemical and physical analyses, including ventilating and exhaust systems for laboratory hoods used for air contaminants other than radioactive air contaminants; (xx)Vacuum producing devices used in laboratory operations; (xxi)Equipment used for inspection of metal products; (xxii)Brazing, soldering, or welding operations which do not release hexavalent chromium compounds; (xxiii)Laundry dryers, extractors, or tumblers used for fabrics cleaned with water solutions of bleach or detergents; (xxiv)Foundry sand mold forming equipment producing molds to which no heat is applied and from which no organics are emitted; (xxv)Equipment used for compression molding and injection molding of plastics; (xxvi)Mixers, blenders, roll mills, or calenders for rubber or plastics where no materials in powder form are added and in which no organic solvents, dilutents, or thinners are used; (xxvii)Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes, except those systems used to collect hazardous air contaminants subject to Section 4-53 "Applicable Requirement" (3) of this ordinance; (xxviii)Sewage treatment facilities (excluding combustion or incineration equipment, land farms, storage silos for dry material, or grease trap waste handling or industrial waste or industrial wastewater treatment facilities); (xxix)Repairs or maintenance not involving structural changes where no new or permanent facilities are installed; (xxx)Alkaline/phosphate washers and associated burners; (xxxi)Outdoor heaters fueled by kerosene; (xxxii)Livestock and poultry feedlots and associated fuel burning equipment other than incinerators; (xxxiii)All gas fired, #2 oil fired, infrared, electric ovens which have no emissions other than products of fuel combustion, unless they are associated with a source subject to Section 4-53 "Applicable requirement" (3) of this ordinance; (xxxiv)Blueprint copiers and photocopying; (xxxv)Powder coating operations; (xxxvi)An "emergency generator" which is used when loss of primary electrical power occurs for reasons beyond the control of the source. In no event shall an "emergency generator" be operated for a period of time longer than five (5) consecutive days or more than a total of twenty (20) days in any calendar year, unless a source demonstrates to the director with clear and convincing evidence that reasonably unforeseeable events beyond the control of the source require use of the "emergency generator" for an additional period of time. The source shall maintain a written record of each loss of primary electrical power, including a record of the cause and a record of the duration of the loss. (xxxvii)Funeral homes; (xxxviii)Gas flares or flares used solely to indicate danger to the public; (xxxix)Firefighting equipment and the equipment used to train firefighters; (xl) Equipment used for cooking food for immediate human consumption; (xli)Blacksmith forges; (xlii)Clean steam condensate and steam relief vents; (xliii)Boiler water treatment operations; (xliv)Pressurized vessels with conservation vents designed to operate in excess of 30 psi storing a petroleum fuel; (xlv)Herbicide and pesticide dilution and application activities for on site use; (xlvi)Routine building maintenance, lawn maintenance, housekeeping, and administrative activities, such as painting buildings, roofing, sandblasting, paving parking lots, lawn care activities, all clerical activities, and all janitorial activities; (xlvii)Miscellaneous activities and equipment, such as: cafeteria vents, bathroom vents, locker room vents, copying, blue print machines, decommissioned equipment, dumpsters, fire training, refrigerators, and space heaters; (xlviii)Cold storage refrigerator equipment; (il) Equipment used for portable steam cleaning; (l) Non-routine clean out of tanks and equipment for the purposes of worker entry or in preparation for maintenance or decommissions; (li) Sampling connections used exclusively to withdraw materials for testing and analysis, including air contaminant detectors and vent lines; (lii)Laboratories in primary and secondary schools and in schools of higher education used for instructional purposes; (liii)Equipment used exclusively for rolling, forging, pressing, stamping, spinning, drawing, or extruding either hot or cold metals unless their emissions exceed any applicable regulated amount; (liv)Equipment used exclusively for rolling, forging, pressing, stamping, spinning or extruding either hot or cold plastics; (lv) Grain, metal or mineral extrusion process; (lvi)Equipment used exclusively for mixing and blending water-based adhesives and coatings at ambient temperatures and from which no organics are released; (lvii)Pulp and paper industry, and cellulosic fiber industry exempt activities: Air purification systems; Ash sluice tanks; Batch digester uncapping; Black liquor mix boxes (e.g., for sulfur addition); Caustic tanks; Chemical spills less than reportable quantity; Chip feeders; Deinking cell; Demineralized water tanks; Demineralized vents; Dredging; Dregs washer; Dryer can steam/condensate blowdown; Electrical charging station; Green liquor clarifiers; Green liquor tanks; Grinding/blasting for nondestructive testing of metals; High density pulp storage tanks; Hydrapulper; Hydroblasting (e.g., evaporators); Instrument air dryers and distribution; Lime mud filter filtrate tanks; Lime mud piles; Liquid sodium hydrosulfide storage tanks; Log flumes; Neutralized spend cooking acid tanks oilers on chain, etc.; Open containers; Paper machine blowdown with air for cleanup; Parts washer; Phosphoric acid tanks; Pressure filters; Pressurized pulp washers; Process raw water treatment (e.g., phosphate); Process sewer system; Pulp tanks and stock chests; Railroad flares; Rolling stock refueling (gasoline and/or diesel); Salamanders (outdoor space heaters); Saltcake storage tanks vented to the recovery system; Slaker vents; Smelt spout cooling water tanks; Smelt spout covers (dog houses); Sodium carbonate tanks; Sodium hypochlorite storage tanks; Soil "borrow" pits; Spill collection tanks; Starch or dye make-down tanks; Strong black liquor tanks; Sulfuric acid tanks; Tank interior coatings (epoxy resins); Turpentine loading; Weak wash tanks; Welding activities for maintenance and/or field fabrication; Wheel barrows; White liquor clarifiers; White liquor oxidizer; White liquor tanks; Winder; and Wood shops for maintenance and/or field fabrications. (lviii)Steam heated wood drying kilns; (lix)Unpaved roadways and parking areas not regularly used for traffic unless permits have specific conditions limiting fugitive emissions; (lx) Warehouse activities, including the storage of packaged raw materials and finished goods; (lxi)Electric stations, including transformers, battery charging and substations; (lxii)Compressors and vacuum producing equipment not fueled by gasoline or diesel; (lxiii)Groundwater monitoring wells; (lxiv)Lubricants and waxes used for machinery lubrication; (lxv)Use of materials for marking and grading of lumber, and the storage of lumber; (lxvi)Paved roadways and parking areas unless permits have specific conditions limiting fugitive-emissions; (lxvi)Equipment used exclusively to package photographic chemicals; (lxviii)Equipment used in the production of aqueous inks in which no organic solvents, dilutents, or thinners are used; (lxix)Equipment used to transport or store process wastewater streams to a wastewater treatment facility (i.e. floor drains, sumps, drain headers, manhole covers); (lxx)Vacuum seal pot and vacuum pumps; (lxxi)Presses used exclusively for extruding metals, minerals, plastics, rubber, or wood except where halogenated carbon compounds or hydrocarbon organic solvents are used as foaming agents. Presses used for extruding scrap materials or reclaiming scrap materials are not insignificant activities; (lxxii)Tank trucks, railcars, barges, and trailers; (lxxiii)Dumpsters; (lxxiv)Environmental field sampling activities; (lxxv)Cleaning, polishing, and other housekeeping activities associated with custodial duties; (lxxvi)Instrument air dryers and distribution; (lxxvii)Automatic oiling operations (e.g., oiler on chains); (lxxviii)Machine blowdown with air for cleanup; (lxxix)Architectural, structural, and maintenance coating operations in which the articles being coated are coated in place; (lxxx)Sand blasting operations in which the operations are conducted on articles which are fixed in place; (lxxxi)Welding operations for maintenance or field fabrication in which the articles being welded are fixed in place; (lxxxii)Sanitary sewer systems; (lxxxiii)Food preparation activities where such activities are not a primary activity of the facility at which the preparation is conducted; (lxxxiv)Use of office equipment and supplies; (lxxxv)Treatment systems for potable water; and (lxxxvi)Coal-Fired Steam Generating Facilities Insignificant Activities are as follows: Bunker room exhaust; Coal sampling and weighing operations; Alternative solid fuel handling; Vents from ash transport systems not operating at positive pressure (e.g. ash hoppers); Coal combustion by-product disposal (except for dry stacking and intermittent ash hauling and disposal); Building ventilation other than boiler room, coal handling, and ash loading (e.g. turbine room, battery room); Lubrication of equipment except vents from oil vapor extractors; Hydrogen vents; Steam vents; Air compressor and distribution systems; Emergency equipment; Fugitive dust-from operation of a passenger automobile, station wagon, pickup truck, or van; Pressure relief valves; Test gases and bottled gases; Emissions from a laboratory (If a facility manufactures or produces products for profit in any quantity, it may not be considered to be a laboratory under this item); Safety devices such as fire extinguishers; Equipment used for hydraulic or hydrostatic testing; Food preparation for onsite consumption; Boiler room ventilation; and Oil vapor extractor (e.g. turbine seal oil, turbine lube oil). (lxxxvii)A diesel or gasoline fueled emergency generator, pump, or compressor which is used due to a loss of primary electrical power or a malfunction of equipment beyond the control of the source. In no event shall such an emergency generator, pump, or compressor be operated for a period of longer than five (5) consecutive days or more than a total of twenty (20) days in a calendar year, unless a source demonstrates to the director with clear and convincing evidence that reasonably unforeseeable events beyond the control of the source require use of the emergency generator, pump, or compressor for an additional period of time. The source shall maintain a written record of each use of such equipment including a record of the cause and the duration of its use. (12) The following activities, due to size and production rate, are deemed to be insignificant activities that must be included in the permit application in accordance with Section 4-56 of this ordinance: (i) Fuel burning equipment of less than 500,000 Btu per hour capacity. This exemption shall not apply where the total capacity of all fuel burning equipment operated at a fuel burning installation exceeds 2.00 million Btu per hour; (ii) A single stack of an air contaminant source that emits no regulated gaseous pollutants or any pollutants defined at Section 4-53 "Regulated Air Pollutant" (5) of this ordinance and which does not have potential emissions of more than 0.500 pounds per hour of particulates, provided that the total amounts to less than two (2) pounds per hour. For the purpose of this subparagraph, an air contaminant source includes all sources located within a contiguous area and under common control. This insignificant activity designation does not apply to incinerators or sources emitting lead or lead compounds. (iii)Natural gas or propane-fired stationary internal combustion engines with less than 20 million Btu/hour heat input or gas turbines with less than 10 million Btu/hour heat input. (iv) Processes used for the curing of rubber products and plastic products, except when emitting more than 1 pound per hour of volatile organic compounds. (v) Surface coating and degreasing operations which do not exceed a combined total usage of more than 60 gallons/month of coatings, thinners, clean-up solvents, and degreasing solvents, at any one location. (vi) Fuel burning sources that are either gas fired or #2 oil fired with a heat input rate under 10 million Btu/hour, where the combined total heat input rate at each location does not exceed 10 million Btu/hour. This exemption does not apply to gas fired turbines greater than 10 million Btu/hour. (vii)Machining of metals where total solvent usage does not exceed more than 60 gallons/month at any one location. (viii)Non-continuous solvent recycling units with less than 60 gallons capacity. (ix) Hand-held sprayer and airbrush graphic arts operations in which total organic solvent emissions from such operations at a facility do not exceed 15 pounds per day. (x) Emission units not otherwise exempt under this paragraph with uncontrolled emissions of 100 pounds per year or less of any Class I or Class II substance subject to a standard promulgated under or established by Title VI of the Act concerning stratospheric ozone protection. (xi) Any change in the activity or level of operation of an air emissions unit that has the potential to increase emissions of any regulated air pollutant by less than 5 tons per year unless the change in the activity or level of operation increases the air emissions unit's potential to emit any regulated air pollutant to above 5 tons per year or if the change in the activity or level of operation is subject to Section 4-53 "Applicable Requirements" (3) and (4) of this ordinance. (xii)Industrial wastewater treatment facilities which do not use air stripping or air sparging and do not release more than 0.5 tons/year of any regulated pollutant. (xiii)Process equipment burning natural gas or #2 fuel oil with a heat input rate under 10 million Btu/hr where the combined total heat input rate at each facility does not exceed 10 million BTU/hr. Only the fuel burning emissions from these sources are considered insignificant activities. (xiv)All storage tanks with a capacity of no more than 1,000 gallons (including 55 gallon drums used only for storage) except those emitting any hazardous air pollutant as set forth at Section 4-53 "Applicable Requirements" (4) of this ordinance. (xv) All process tanks with a capacity of no more than 1,000 gallons where the combined total emissions from such tanks are less than 0.5 tons of any regulated air pollutant combined. (d) Any application form, report, or compliance certification submitted pursuant to these regulations shall contain a certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this ordinance shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. (e) Transition plan. It is required that: (1) Submittal of permit applications by all part 70 sources shall occur within 1 year after the date of approval of the permit program by the Administrator. (2) Final action shall be taken on at least one-third of such applications each year over a period not to exceed 3 years after the date of approval of the permit program by the Administrator. Complete permit applications shall be processed in the order received with the first third of the part 70 permits issued within one year after the applications are submitted to the first third received; the second third within two years after the applications are submitted to remaining sources as determined by a random lottery; and the third third issued within three years after the applications are submitted to the remaining sources. Initial issuance of part 70 permits may be for three, four or five year permit terms at the discretion of the director. (3) Any complete permit application containing an early reduction demonstration under section 112(i)(5) of the Act [42 U.S.C. A77412] shall be acted on within 9 months of receipt of the complete application; and (4) Submittal of permit applications and the permitting of affected sources shall occur in accordance with the deadlines in Title IV of the Act and set forth at Section 4-56(a)(1)(iv) of this ordinance and the applicable requirements promulgated under Title IV of the Act and incorporated by reference in this ordinance at Section 4-52(d). Sec. 4-57. Permit content. The permitting authority shall issue and enforce permits in this municipality which conform with these provisions and shall require compliance therewith: (a) Standard permit requirements. Each permit issued under this part shall include the following elements: (1) Emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance and all requirements of 40 CFR Part 70 that apply to the emissions units and to the source. (i) 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. (ii) 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 and incorporated by reference in this ordinance at Section 4-52(d), both provisions shall be incorporated into the permit and shall be legally enforceable. (iii)Because the Chattanooga Air Pollution Control Ordinance allows a determination of an alternative emission limit at a source, equivalent to that contained in Section 4-41 of the Chattanooga Air Pollution Control Ordinance, to be made in the permit issuance, renewal, or significant modification process, if the permitting authority 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 quantifiable, accountable, enforceable, and based on replicable procedures. (2) Permit duration. The permitting authority shall issue permits for a fixed term of 5 years in the case of affected sources, and for a term not to exceed 5 years in the case of all other part 70 sources. Notwithstanding this requirement, the permitting authority shall issue permits for solid waste incineration units combusting municipal waste subject to standards under section 129(e) of the Act [42 U.S.C. A77429(e)] for a period not to exceed 12 years and shall review such permits at least every 5 years. Any permit issued for a term of more than 3 years shall contain a condition that if EPA promulgates regulations or requirements which would be applicable to the source or any emissions unit of the source, then the permit will be reopened by agreement and the applicable requirement incorporated into the permit. Acceptance of the permit by the source constitutes consent to the agreement. (3) Monitoring and related recordkeeping and reporting requirements. (i) Each permit shall contain the following requirements with respect to monitoring: (A) All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to sections 504(b) [42 U.S.C. A77661c.(b)] or 114(a)(3) [42 U.S.C. A77414(a)(3)] of the Act provided that these methods and procedures have been identified in this ordinance by amendment subsequent to the action of the Administrator; (B) 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 paragraph (a)(3)(iii) of this section. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. The permitting authority shall determine whether and in what cases recordkeeping provisions are sufficient to meet the requirements of this paragraph (a)(3)(i)(B); and (C) As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods. (ii) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where applicable, the following: (A) Records of required monitoring information that include the following: (1) The date, place as defined in the permit, and time of sampling or measurements; (2) The date(s) analyses were performed; (3) The company or entity that performed the analyses; (4) The analytical techniques or methods used; (5) The results of such analyses; and (6) The operating conditions as existing at the time of sampling or measurement; (B) Retention of records of all required monitoring data and support information for a period of at least 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 permit. (iii)With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following: (A) Submittal of reports of any required monitoring at least every 6 months. All instances of deviations from permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with Section 4-56(d) of this ordinance. (B) 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. The permitting authority shall define "prompt" in the permit in relation to the degree and type of deviation likely to occur and the applicable requirements. (4) A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder and incorporated by reference in this ordinance at Section 4-52(d). (i) 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. (ii) No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other applicable requirement. (iii)Any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Act and incorporated by reference in this ordinance at Section 4-52(d). (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. (6) Provisions stating the following: (i) The permittee must comply with all conditions of the part 70 permit. Any permit noncompliance constitutes a violation of both the ordinance and the federal Act and is grounds for joint or several enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. (ii) 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. (iii)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 any permit condition. (iv) The permit does not convey any property rights of any sort, or any exclusive privilege. (v) The permittee shall furnish to the permitting authority, within a reasonable time, any information that the permitting authority 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 permitting authority 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 along with a claim of confidentiality. (7) A provision to ensure that a part 70 source pays fees to the permitting authority consistent with the fee schedule approved pursuant to 40 CFR A770.9 and set forth in Section 4-60 of this ordinance. (8) Emissions trading. A provision stating that no permit revision shall be required, under any economic incentives, marketable permits, emissions trading and other similar programs or processes which have been approved by the permitting authority for changes that are provided for in the permit, but only when and where emissions trading is allowable and has been approved. (9) Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the permitting authority. Such terms and conditions: (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; (ii) May extend the permit shield described in paragraph (f) of this section to all terms and conditions under each such operating scenario; and (iii)Must ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and all the requirements of this ordinance. (10) 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 set forth in Section 4-53 of this ordinance provide for trading such increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions: (i) Shall include all terms required under Sections 4-57(a) and (c) of this ordinance to determine compliance; (ii) May extend the permit shield described in paragraph (f) of this section to all terms and conditions that allow such increases and decreases in emissions; and (iii)Must meet all applicable requirements and requirements of this ordinance. (b) Federally-enforceable requirements. (1) All terms and conditions in a part 70 permit, including any provisions designed to limit a source's potential to emit, are enforceable by the Administrator and citizens under the Act. (2) Notwithstanding paragraph (b)(1) of this section, the permitting authority shall specifically designate as not being federally enforceable under the Act any terms and conditions included in the permit that are not required under the Act or under any of its applicable requirements. (c) Compliance requirements. All part 70 permits shall contain the following elements with respect to compliance: (1) Consistent with paragraph (a)(3) of this section, compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document (including reports) required by a part 70 permit shall contain a certification by a responsible official that meets the requirements of Section 4-56(d) of this ordinance. (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 permitting authority or an authorized representative to perform the following: (i) 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; (ii) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; (iii)Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and (iv) As authorized by the Act or by this ordinance, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements. (v) For purposes of (ii), (iii), and (iv) above, reasonable times shall be considered to be customary business hours, unless reasonable cause exists to suspect noncompliance with the Chattanooga Air Pollution Control Ordinance or any "Applicable requirement", as defined in Section 4-53 of this ordinance or with any permit issued by the permitting authority and the director specifically authorizes a designee to inspect a facility at any other time. (3) A schedule of compliance consistent with Section 4-56(c)(8) of this ordinance. (4) Progress reports consistent with an applicable schedule of compliance and Section 4-56(c)(8) of this ordinance to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the permitting authority. 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) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. 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 permitting authority) of submissions of compliance certifications; (ii) In accordance with Section 4-57(a)(3) of this ordinance, a means for monitoring the compliance of the source with its emissions limitations, standards, and work practices; (iii)A requirement that the compliance certification include the following: (A) The identification of each term or condition of the permit that is the basis of the certification; (B) The compliance status; (C) Whether compliance was continuous or intermittent; (D) The method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with paragraph (a)(3) of this section; and (E) Such other facts as the permitting authority may require to determine the compliance status of the source; (iv) A requirement that all compliance certifications be submitted to the Administrator as well as to the permitting authority; and (v) Such additional requirements as may be required under sections 114(a)(3) and 504(b) of the Act [42 U.S.C. A77661c.(b) and A77414(a)(3)]. (6) Such other provisions as the permitting authority may require. (d) Part 70 general permits. (1) The permitting authority may, after notice and opportunity for public participation provided under Section 4-58(h) of this ordinance, issue a general permit covering numerous similar sources. Any such general permit shall comply with all requirements applicable to other part 70 permits and shall identify criteria by which sources may qualify for the part 70 general permit. To sources that qualify, the permitting authority shall grant the conditions and terms of the part 70 general permit. Notwithstanding the shield provisions of paragraph (f) of this section, the source shall be subject to enforcement action for operation without a part 70 permit if the source is later determined not to qualify for the conditions and terms of the part 70 general permit. Part 70 general permits shall not be authorized for affected sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the Act which are incorporated by reference in Section 4-52(d) of this ordinance nor for non-part 70 sources. (2) Part 70 sources that would qualify for a general permit must apply to the permitting authority for coverage under the terms of the general permit or must apply for a part 70 permit consistent with Section 4-56 of this ordinance. The permitting authority may, in the general permit, provide for applications which deviate from the requirements of Section 4-56 of this ordinance, provided that such applications meet the requirements of Title V of the Act, and include all information necessary to determine qualification for, and to assure compliance with, the general permit. Without repeating the public participation procedures required under Section 4-58(h) of this ordinance, the permitting authority may grant a source's request for authorization to operate under a general permit, but such a grant shall not be a final permit action for purposes of judicial review. (e) Temporary sources. The permitting authority may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. The operation must be temporary and involve at least one change of location during the term of the permit. No affected source shall be permitted as a temporary source. Permits for temporary sources shall include the following: (1) Conditions that will assure compliance with all applicable requirements at all authorized locations; (2) Requirements that the owner or operator notify the permitting authority at least 10 days in advance of each change in location; and (3) Conditions that assure compliance with all other provisions of this section. (f) Permit shield. (1) Except as provided in this ordinance, the permitting authority shall, upon request by the responsible official who submits an application, expressly include in a part 70 permit a provision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that: (i) Such applicable requirements are included and are specifically identified in the permit; or (ii) The permitting authority, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof. (2) A part 70 permit that does not expressly state that a permit shield exists shall be presumed not to provide such a shield. (3) Nothing in this paragraph or in any part 70 permit shall alter or affect the following: (i) The provisions of section 303 of the Act [42 U.S.C. A77603] (emergency orders), including the authority of the Administrator or the permitting authority under that section; (ii) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; (iii)The applicable requirements of the acid rain program, consistent with section 408(a) of the Act [42 U.S.C. A77651g.(a)]; or (iv) The ability of EPA to obtain information from a source pursuant to section 114 of the Act [42 U.S.C. A77414] or of the permitting authority to obtain information from a source pursuant to this ordinance. (g) Emergency provision.-- (1) Definition. An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. (2) Effect of an emergency. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of paragraph (g)(3) of this section are met, unless an ambient air violation occurs as a result of the emergency. (3) The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: (i) An emergency occurred and that the permittee can identify the cause(s) of the emergency; (ii) The permitted facility was at the time being properly operated; (iii)During the period of the emergency the permittee took all reasonable steps to minimize levels of emissions that exceeded the emission standards, or other requirements in the permit; and (iv) The permittee submitted notice of the emergency to the permitting authority within 2 working days of the time when emission limitations were exceeded due to the emergency. This notice fulfills the requirement of paragraph (a)(3)(iv)(B) of this section. This notice must contain a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. (4) In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof. (5) This provision is in addition to any emergency or upset provision contained in any applicable requirement. Sec. 4-58. Permit issuance, renewal, reopenings, and revisions. (a) Action on application. (1) A permit, permit modification, or renewal may be issued only if all of the following conditions have been met: (i) The permitting authority has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under Section 4-57(d) of this ordinance; (ii) Except for modifications qualifying for minor permit modification procedures under Section 4-58(e)(1) and (2) of this ordinance, the permitting authority has complied with the requirements for public participation under paragraph (h) of this section 4-58; (iii)The permitting authority has complied with the requirements for notifying and responding to affected States under Section 10(b) of this ordinance; (iv) The conditions of the permit provide for compliance with all applicable requirements and the requirements of this ordinance; and (v) The Administrator has received a copy of the proposed permit and any notices required under 40 CFR A7A770.8(a) and 70.8(b), and has not objected to issuance of the permit under 40 CFR A770.8(c) within the time period specified therein. (vi) No permit for a solid waste incineration unit may be issued by an agency, instrumentality or person that is also responsible, in whole or in part, for the design and construction or operation of the unit. (2) Except as provided under the initial transition plan provided for under Section 4-56(e) of this ordinance or under Title IV or Title V of the Act for the permitting of affected sources under the acid rain program, the permitting authority takes final action on each permit application (including a request for permit modification or renewal) within 18 months, or such lesser time established by the permitting authority, after receiving a complete application. (3) Priority shall be given to taking action on applications for construction or modification under Title I, parts C and D of the Act. (4) The permitting authority shall promptly provide notice to the applicant of whether the application is complete. Unless the permitting authority requests additional information or otherwise notifies the applicant of incompleteness within 60 days of receipt of an application, the application shall be deemed complete. For modifications processed through minor permit modification procedures, such as those in paragraphs (e)(1) and (2) of this section, a completeness determination is not required. (5) The permitting authority shall provide a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions). The permitting authority shall send this statement to EPA and to any other person who requests it. (6) The submittal of a complete application shall not affect the requirement that any source or emissions unit at a part 70 source have a preconstruction permit under Title I of the Act. (b) Requirement for a permit. Except as provided in the following sentence, Section 4-58(i)(1) of this ordinance, and paragraphs Section 4-58(e)(1)(v) and (2)(v) of this ordinance, no part 70 source may operate after the time that it is required to submit a timely and complete application under this ordinance after its approval by EPA, except in compliance with a permit issued under a part 70 program. If a part 70 source submits a timely and complete application for permit issuance (including for renewal), the source's failure to have a part 70 permit is not a violation of this ordinance until the permitting authority takes final action on the permit application, except as noted in this section. This protection shall cease to apply if, subsequent to the completeness determination made pursuant to paragraph (a)(4) of this section, and as required by Section 4-56(a)(2) of this ordinance, the applicant fails to submit by the deadline specified in writing by the permitting authority any additional information identified as being needed to process the application. (c) Permit renewal and expiration. (1) (i) Permits being renewed are subject to the same procedural requirements, including those for public participation, affected State and EPA review, that apply to initial permit issuance; and (ii) Permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted consistent with paragraph (b) of this section and Section 4-56(a)(1)(iii) of this ordinance. (2) If the permitting authority fails to act in a timely way on a permit renewal, EPA may override the permitting authority to terminate or revoke and reissue the permit. (3) If a timely and complete application for a permit renewal is submitted, consistent with Section 4-56(a)(2) of this ordinance, but the permitting authority has failed to issue or deny the renewal permit before the end of the term of the previous permit, then: (i) The permit shall not expire until the renewal permit has been issued or denied and any permit shield that may be granted pursuant to Section 4-57(f) of this ordinance may extend beyond the original permit term until renewal; or (ii) All the terms and conditions of the permit including any permit shield that may have been granted under this ordinance or pursuant to Section 4-57(f) of this ordinance shall remain in effect until the renewal permit has been issued or denied. (4) Consistent with the requirements of this ordinance and 40 CFR Part 70, the permitting authority is authorized to terminate, modify, or revoke and reissue permits for cause. (5) The permitting authority shall make available to the public for inspection any permit application, compliance plan, permit, and monitoring and compliance certification report pursuant to section 503(e) of the Act [42 U.S.C. A77661b.(e)], except for information entitled to confidential treatment pursuant to section 114(c) of the Act [42 U.S.C A77414]. The contents of a part 70 permit shall not be entitled to protection under section 114(c) of the Act [42 U.S.C. A77414]. (d) Administrative permit amendments. (1) An "administrative permit amendment" is a permit revision that: (i) Corrects typographical errors; (ii) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source; (iii)Requires more frequent monitoring or reporting by the permittee; (iv) Allows for a change in ownership or operational control of a source where the permitting authority determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the permitting authority; (v) Incorporates into the part 70 permit the requirements from preconstruction review permits authorized under an EPA-approved program, provided that such a program meets procedural requirements substantially equivalent to the requirements of Section 4-58 and Section 4-59 of this ordinance that would be applicable to the change if it were subject to review as a permit modification, and compliance requirements substantially equivalent to those contained in Section 4-57 of this ordinance; or (vi) Incorporates any other type of change which the Administrator has determined as part of the approved part 70 program to be similar to those in paragraphs (d)(1)(i) through (iv) of this section provided that such "other type of change" has been identified in this ordinance by amendment subsequent to the action of the Administrator. (2) Administrative permit amendments for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Act which are incorporated by reference in this ordinance at Section 4-52(d). (3) Administrative permit amendment procedures. An administrative permit amendment may be made by the permitting authority consistent with the following: (i) The permitting authority shall take no more than 60 days from receipt of a request for an administrative permit amendment to take final action on such request, and may incorporate such changes without providing notice to the public or affected States provided that it designates any such permit revisions as having been made pursuant to this section of this ordinance. (ii) The permitting authority shall submit a copy of the revised permit to the Administrator. (iii)The source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request. (4) The permitting authority may, upon taking final action granting a request for an administrative permit amendment, allow coverage by the permit shield in Section 4-57(f) of this ordinance for administrative permit amendments made pursuant to paragraph (d)(1)(v) of this section which meet the relevant requirements of Sections 4-57, 4-58, and 4-59 of this ordinance for significant permit modifications. (e) Permit modification. A permit modification is any revision to a part 70 permit that cannot be accomplished under the program's provisions for administrative permit amendments under paragraph (d) of this section. A permit modification for purposes of the acid rain portion of the permit shall be governed by regulations promulgated under Title IV of the Act which are incorporated by reference in this ordinance at Section 4-52(d). (1) Minor permit modification procedures. (i) Criteria. (A) Minor permit modification procedures may be used only for those permit modifications that: (1) Do not violate any applicable requirement; (2) Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit; (3) Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis; (4) Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include: (A) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Act; and (B) An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the Act [42 U.S.C. A77412(i)(5)]; (5) Are not modifications under any provision of Title I of the Act; and (6) Are not required by this ordinance to be processed as a significant modification. (B) Notwithstanding paragraphs (e)(1)(i)(A) and (e)(2)(i) of this section, minor permit modification procedures may be used for permit modifications involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor permit modification procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by EPA. (ii) Application. An application requesting the use of minor permit modification procedures shall meet the requirements of Section 4-56(c) of this ordinance and shall include the following: (A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs; (B) The source's suggested draft permit; (C) Certification by a responsible official, consistent with Section 4-56(d) of this ordinance, that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and (D) Completed forms for the permitting authority to use to notify the Administrator and affected States as required under 40 CFR A770.8. (iii)EPA and affected State notification. Within 5 working days of receipt of a complete permit modification application, the permitting authority shall meet its obligation under Section 4-59(a)(1) and (b)(1) of this ordinance to notify the Administrator and affected States of the requested permit modification. The permitting authority promptly shall send any notice required under Section 4-59(b)(2) of this ordinance to the Administrator. (iv) Timetable for issuance. The permitting authority may not issue a final part 70 permit modification until after EPA's 45-day review period or until EPA has notified the permitting authority that EPA will not object to issuance of the permit modification, whichever is first, although the permitting authority can approve the permit modification prior to that time. In the event of an objection by the Administrator, the director shall follow the procedures set forth at Section 4-59(c) of this ordinance. Within 90 days of the permitting authority's receipt of an application under minor permit modification procedures or 15 days after the end of the Administrator's 45-day review period under Section 4-59(c) of this ordinance, whichever is later, the permitting authority shall: (A) Issue the permit modification as proposed; (B) Deny the permit modification application; (C) Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed under the significant modification procedures; or (D) Revise the draft permit modification and transmit to the Administrator the new proposed permit modification as required by 40 CFR A770.8(a). (v) Source's ability to make change. The source is allowed to make the change proposed in its minor permit modification application immediately after it files such application. After the source makes the change allowed by the preceding sentence, and until the permitting authority takes any of the actions specified in paragraphs (e)(1)(iv)(A) through (C) of this section, the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be enforced against it. (vi) Permit shield. The permit shield under Section 4-57(f) of this ordinance may not extend to minor permit modifications. (2) Group processing of minor permit modifications. Consistent with this paragraph, the permitting authority may modify the procedure outlined in paragraph (e)(1) of this section to process groups of a source's applications for certain modifications eligible for minor permit modification processing. (i) Criteria. Group processing of modifications may be used only for those permit modifications: (A) That meet the criteria for minor permit modification procedures under paragraph (e)(1)(i)(A) of this section; and (B) That collectively are below the threshold level approved by the Administrator as part of the approved program. This threshold shall be 10 percent of the emissions allowed by the permit for the emissions unit for which the change is requested, 20 percent of the applicable definition of major source in Section 4-53 of this ordinance, or 5 tons per year, whichever is least. (ii) Application. An application requesting the use of group processing procedures shall meet the requirements of Section 4-56(c) of this ordinance and shall include the following: (A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs. (B) The source's suggested draft permit. (C) Certification by a responsible official, consistent with Section 4-56(d) of this ordinance, that the proposed modification meets the criteria for use of group processing procedures and a request that such procedures be used. (D) A list of the source's other pending applications awaiting group processing, and a determination of whether the requested modification, aggregated with these other applications, equals or exceeds the threshold set under paragraph (e)(2)(i)(B) of this section. (E) Certification, consistent with Section 4-56(d) of this ordinance, that the source has notified EPA of the proposed modification. Such notification need only contain a brief description of the requested modification. (F) Completed forms for the permitting authority to use to notify the Administrator and affected States as required under Section 4-59 of this ordinance. (iii)EPA and affected State notification. On a quarterly basis or within 5 business days of receipt of an application demonstrating that the aggregate of a source's pending applications equals or exceeds the threshold level set under paragraph (e)(2)(i)(B) of this section, whichever is earlier, the permitting authority promptly shall meet its obligation under Section 4-59(a)(1) and (b)(1) of this ordinance to notify the Administrator and affected States of the requested permit modifications. The permitting authority shall send any notice required under Section 4-59(b)(2) of this ordinance to the Administrator. (iv) Timetable for issuance. The provisions of paragraph (e)(1)(iv) of this section shall apply to modifications eligible for group processing, except that the permitting authority shall take one of the actions specified in paragraphs (e)(1)(iv)(A) through (D) of this section within 180 days of receipt of the application or 15 days after the end of the Administrator's 45-day review period under Section 4-59(c) of this ordinance, whichever is later. (v) Source's ability to make change. The provisions of paragraph (e)(1)(v) of this section shall apply to modifications eligible for group processing. (vi) Permit shield. The provisions of paragraph (e)(1)(vi) of this section shall also apply to modifications eligible for group processing. (3) Significant modification procedures. (i) Criteria. Significant modification procedures shall be used for applications requesting permit modifications that do not qualify as minor permit modifications or as administrative amendments. The permitting authority shall follow these criteria in determining whether a change is significant: Any change in existing monitoring permit terms or conditions and every relaxation of reporting or recordkeeping permit terms or conditions shall be considered significant. Nothing herein shall be construed to preclude the permittee from making changes consistent with this part that would render existing permit compliance terms and conditions irrelevant. (ii) Significant permit modifications shall meet all requirements of this ordinance, including those for applications, public participation, review by affected States, and review by EPA, as they apply to permit issuance and permit renewal. The permitting authority shall design and implement this review process to complete review on the majority of significant permit modifications within 9 months after receipt of a complete application. (f) Reopening for cause. (1) Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances: (i) Additional applicable requirements under the Act become applicable by ordinance amendment to a major part 70 source with a remaining 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 permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to Section 4-58(c)(3) of this ordinance. (ii) Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program. Upon approval by the Administrator and amendment of this ordinance, excess emissions offset plans shall be incorporated into the permit by the permitting authority. (iii)The permitting authority or EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit. (iv) The Administrator or the permitting authority determines that the permit must be revised or revoked to assure compliance with the applicable requirements. (2) Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable. (3) Reopenings under paragraph (f)(1) of this section shall not be initiated before a notice of such intent is provided to the part 70 source by the permitting authority at least 30 days in advance of the date that the permit is to be reopened, except that the permitting authority may provide a shorter time period in the case of an emergency. (g) Reopenings for cause by EPA. (1) If the Administrator finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to paragraph (f) of this section, the Administrator is required by federal law to notify the permitting authority and the permittee of such finding in writing. (2) The permitting authority shall, within 90 days after receipt of such notification, forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. The Administrator may extend this 90-day period for an additional 90 days if he finds that a new or revised permit application is necessary or that the permitting authority must require the permittee to submit additional information. (3) The Administrator is required by federal regulations to review the proposed determination from the permitting authority within 90 days of receipt. (4) The permitting authority shall have 90 days from receipt of an EPA objection to follow the procedures set forth at Section 4-59(c) of this ordinance in an effort to resolve any objection that EPA makes. (5) If the permitting authority fails to submit a proposed determination pursuant to paragraph (g)(2) of this section or fails to resolve any objection pursuant to paragraph (g)(4) of this section, the Administrator is required by federal law to exercise override authority and to terminate, modify, or revoke and reissue the permit after taking the following actions: (i) Providing at least 30 days' notice to the permittee in writing of the reasons for any such action. This notice may be given during the procedures in paragraphs (g)(1) through (4) of this section. (ii) Providing the permittee an opportunity for comment on the Administrator's proposed action and an opportunity for a hearing. (h) Public participation. Except for modifications qualifying for minor permit modification procedures, all permit proceedings, including initial permit issuance, significant modifications, and renewals, shall provide adequate procedures for public notice including offering an opportunity for public comment and a hearing on the draft permit. These procedures include the following: (1) Notice shall be given: by publication in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice; to persons on a mailing list developed by the permitting authority, including those who request in writing to be on the list; and by other means if necessary to assure adequate notice to the affected public; (2) The notice shall identify the affected facility; the name and address of the permittee; the name and address of the permitting authority processing the permit; the activity or activities involved in the permit action; the emissions change involved in any permit modification; the name, address, and telephone number of a person from whom interested persons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials, including the compliance plan, and monitoring and compliance certification report pursuant to section 503(e) of the Act, except for information entitled to confidential treatment pursuant to Section 114(c) of the Act [the contents of a part 70 permit shall not be entitled to confidential treatment under section 114(c) of the Act.], and all other materials available to the permitting authority that are relevant to the permit decision; a brief description of the comment procedures required by this part; and the time and place of any hearing that may be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled); (3) The permitting authority shall provide such notice and opportunity for participation by affected States as is provided for by Section 4-59 of this ordinance; (4) Timing. The permitting authority shall provide at least 30 days for public comment and shall give notice of any public hearing at least 30 days in advance of the hearing. (5) The permitting authority shall keep a record of the commentors and also of the issues raised during the public participation process so that the Administrator may fulfill his obligation under section 505(b)(2) of the Act [42 U.S.C. A77661d.(b)(2)] to determine whether a citizen petition may be granted, and such records shall be available to the public. [40 CFR A770.7] (i) Operational Flexibility. Consistent with paragraphs (i)(1) through (3) of this section changes within a permitted facility are allowed without requiring a permit revision, if the changes are not modifications under any provision of Title I of the Act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions): Provided that the facility provides the Administrator and the permitting authority with written notification as required below in advance of the proposed changes, which shall be a minimum of 7 days, unless the permitting authority provides a different time frame for emergencies. The source, permitting authority, and EPA shall attach each such notice to their copy of the relevant permit. The following provisions implement this requirement: (1) The source shall be allowed to make section 502(b)(10) of the Act [42 U.S.C. A77661a.(b)(10)] changes without requiring a permit revision, if the changes are not modifications under any provision of Title I of the Act and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions). (i) For each such change, the written notification required above shall include a brief description of the change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change. (ii) The permit shield described in 40 CFR A770.6(f) and Section 4-57(f) of this ordinance shall not apply to any change made pursuant to this paragraph 4-58(i)(1). (2) If the applicant in possession of a certificate of alternate control (issued pursuant to section 4-13 of the Chattanooga Air Pollution Control Ordinance) for an operating permit requests them, the permitting authority shall include terms and conditions for the trading of emissions increases and decreases in the permitted source, to the extent that the applicable requirements in the certificate of alternate control provide for trading such increases and decreases without a case-by- case approval of each emissions trade. (i) Such terms and conditions: (A) Shall include all terms required under this ordinance and the Chattanooga Air Pollution Control Ordinance to determine compliance; and (B) Must meet all applicable requirements in the Chattanooga Air Pollution Control Ordinance that are not altered by the certificate of alternate control. (ii) Under this paragraph (i)(2)(ii), a 7-day advance written notification is required and shall include the following information: when the proposed change will occur, a description of each such change, any change in emissions, the permit requirements with which the source will comply using the emissions trading provisions of the applicable implementation plan, and the pollutants emitted subject to the emissions trade. The notice shall also refer to the provisions with which the source will comply in the applicable certificate of alternate control and that provide for the emissions trade. (iii)The permit shield described in 40 CFR A770.6(f) and in Section 4-57(f) of this ordinance shall not extend to any change made under this paragraph (i)(2). Compliance with the permit requirements that the source will meet using the emissions trade shall be determined only to the extent that requirements of an applicable certificate of alternate control authorize the emissions trade. (3) The permitting authority shall, if a permit applicant requests it, issue permits that contain terms and conditions, including all terms required under Section 4-57(a) and (c) of this ordinance to determine compliance, allowing for the trading of emissions increases and decreases in the permitted facility solely for the purpose of complying with a federally- enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The permitting authority shall not be required to include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. The permit shall also require compliance with all applicable requirements. (i) Under this paragraph (i)(3), the written notification required above shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit. (ii) The permit shield described in 40 CFR A770.6(f) and Section 4-57(f) of this ordinance may extend to terms and conditions that allow such increases and decreases in emissions. (j) Off Permit changes. The source may make changes that are not addressed or prohibited by the permit, other than those described in paragraph (k) of this section, to be made without a permit revision, only after the source meets the requirements of (1) through (3) of this paragraph. (1) Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition. (2) Sources must provide contemporaneous written notice to the permitting authority and EPA of each such change, except for changes that qualify as insignificant under the provisions adopted pursuant to 40 CFR A770.5(c) or Sections 4-56(c)(11) and (c)(12) of this ordinance. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirement that would apply as a result of the change. (3) The change shall not qualify for the shield under 40 CFR A770.6(f) or Section 4-57(f) of this ordinance. (4) The permittee shall keep a record describing changes made at the source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from those changes. The records shall be retained until the changes are incorporated into subsequently issued permits. (k) No source shall make, without a permit revision, changes that are not addressed or prohibited by the part 70 permit, if such changes are subject to any requirements under Title IV of the Act or are modifications under any provision of Title I of the Act. (l) Sharing of information. Any information obtained or used in the administration of this part 70 program shall be available to EPA upon request without restriction and in a form specified by the Administrator, including computer-readable files to the extent practicable. If the information has been submitted to the permitting authority under a claim of confidentiality, the permitting authority may require the source to submit this information to the Administrator directly. Where the permitting authority submits information to the Administrator under a claim of confidentiality, the permitting authority shall submit that claim to EPA when providing information to EPA under this section. Any information obtained from a permitting authority or part 70 source accompanied by a claim of confidentiality will be treated in accordance with the applicable regulations. Sec. 4-59. Permit review by EPA and affected States. (a) Transmission of information to the Administrator. (1) The permitting authority shall provide to the Administrator a copy of each permit application (including any application for permit modification), each proposed permit, and each final part 70 permit. The applicant may be required by the permitting authority to provide a copy of the permit application (including the compliance plan) directly to the Administrator. Upon agreement with the Administrator, the permitting authority may submit to the Administrator a permit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete permit application and compliance plan. To the extent practicable, the preceding information shall be provided in computer- readable format compatible with EPA's national database management system. (2) If the Administrator waives the requirements of paragraphs (a)(1) and (b)(1) of this section for any category of sources (including any class, type, or size within such category) other than major sources those requirements need not be complied with. (3) The permitting authority shall keep for 5 years such records and submit to the Administrator such information as the Administrator may reasonably require to ascertain whether the local program complies with the requirements of the Act or of 40 CFR Part 70. (b) Review by affected States. (1) The permitting authority shall give notice of each draft permit to any affected State on or before the time that the permitting authority provides this notice to the public under 40 CFR A770.7(h), except to the extent 40 CFR A770.7(e)(2) or (3) requires the timing of the notice to be different. (2) The permitting authority, as part of the submittal of the proposed permit to the Administrator [or as soon as possible after the submittal for minor permit modification procedures allowed under 40 CFR A770.7(e)(2) or (3)], shall notify the Administrator and any affected State in writing of any refusal by the permitting authority to accept all recommendations for the proposed permit that the affected State submitted during the public or affected State review period. The notice shall include the permitting authority's reasons for not accepting any such recommendation. (c) EPA objection. (1) If the Administrator, pursuant to Title 40 CFR 70.8(c), objects to the issuance of an operating permit for which an application must be transmitted to the U.S. EPA Administrator pursuant to Title 40 CFR 70.8(a), in writing within 45 days after receipt of the proposed operating permit and all necessary supporting information, then the director shall not issue the operating permit and shall review the objection, including the statement of the Administrator's reasons for objection and description of the terms and conditions that the operating permit must include to respond to the objection. (i) If the director, upon such review, agrees with the Administrator and finds that the cause for the objection requires permit revision, then the director shall revise the proposed permit to include those terms and conditions that the Administrator describes as necessary to respond to the objection. (ii) If, however, upon such review the director does not agree with the Administrator and finds that no cause exists to include the terms and conditions suggested by the Administrator in the permit, the director shall forthwith take the following action: (A) Offer the permittee the opportunity to voluntarily incorporate into the permit or delete from the permit the terms and conditions necessary to accommodate the concerns and resolve the objection of the Administrator. If the permittee agrees to the terms and conditions described by the Administrator, then the permit shall be issued so as to be acceptable to the Administrator, all of which shall be accomplished in a timely manner under schedules agreeable to the Administrator. (B) If the permittee declines to voluntarily agree to adopt and incorporate into the permit the requirements necessary to accommodate the concerns of the Administrator and to resolve all objections of the Administrator pursuant to Title 40 CFR 70.8(c), then the director shall notify the permittee that the permit as issued has no federal force and effect; that it is merely a local government permit; that the permit does not qualify as a federal operating permit under Title V of the Clean Air Act Amendments of 1990 or Title 40 CFR Part 70; and that the permit, as a non-federal permit may not afford a shield to the permittee against federal civil or criminal enforcement action. (2) Failure of the permitting authority to do any of the following also shall constitute grounds for an objection by the Administrator: (i) Comply with paragraphs (a) or (b) of this section; (ii) Submit to the Administrator any information necessary to review adequately the proposed permit; or (iii)Process the permit under the procedures approved to meet Section 4-58(h) of this ordinance except for administrative permit modifications, operating changes that do not require permit revision, or minor permit modifications. (3) Under 40 CFR 70.8 (c)(4) the Administrator has retained overriding authority to issue or deny permits in accordance with the requirements of the Federal program promulgated Title V of the Act. (4) If the permitting authority fails, within 90 days after the date of an objection under paragraph (c)(1) of this section, to revise and submit a proposed permit in response to the objection, the Administrator has the authority to issue or deny the permit in accordance with the requirements of the Federal program promulgated under Title V of the Act. (d) EPA objection after permit issuance. If the permitting authority has issued a permit prior to receipt of an EPA objection under this paragraph, the Administrator retains authority to modify, terminate, or revoke such permit, and may do so consistent with the procedures in 40 CFR A770.7. If the director agrees that the Administrator's objection is well taken, the director will issue a revised permit that satisfies EPA's objection. If the director does not agree that the Administrator's objection is well taken, then the director shall follow the procedures hereinabove set forth at (c)(1) through (c)(3). In any case, the source will not be in violation of the requirement to have submitted a timely and complete application. (e) Public petitions to the Administrator. If the Administrator does not object in writing under paragraph (c) or (d) of this section, any person may petition the Administrator within 60 days after the expiration of the Administrator's 45-day review period to make such objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided for in Section 4-58(h) of this ordinance, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the Administrator objects to the permit as a result of a petition filed under this paragraph, the permitting authority shall not issue the permit until EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection. If the director agrees that the Administrator's objection is well taken, the director will issue a revised permit that satisfies EPA's objection. If the director does not agree that the Administrator's objection is well taken, then the director shall follow the procedures hereinabove set forth at (c)(1) through (c)(3). (f) Prohibition on default issuance. Consistent with 40 CFR A770.4(b)(3)(ix), for the purposes of Federal law and Title V of the Act, a part 70 permit (including a permit renewal or modification) will not issue until affected States and EPA have had an opportunity to review the proposed permit as required under this section. Sec. 4-60. Fee determination and certification. (a) Fee Requirement. The owners or operators of part 70 sources shall pay annual fees, or the equivalent over some other period, that are sufficient to cover the part 70 permit program costs and any fee required by this section will be used solely for part 70 permit program costs. (b) Fee schedule adequacy. (1) Overriding federal law requires that there be a fee schedule that results in the collection and retention of revenues sufficient to cover the part 70 permit program costs. These costs are required to include, but are not limited to, the costs of the following activities as they relate to the part 70 operating permit program for stationary sources: (i) Preparing generally applicable regulations or guidance regarding the part 70 permit program or its implementation or enforcement; (ii) Reviewing and acting on any application for a part 70 permit, permit revision, or permit renewal, including the development of an applicable requirement as part of the processing of a part 70 permit, or permit revision or renewal; (iii)General administrative costs of running the part 70 permit program, including the supporting and tracking of permit applications, compliance certification, and related data entry; (iv) Implementing and enforcing the terms of any part 70 permit (not including any court costs or other costs associated with an enforcement action), including adequate resources to determine which sources are subject to the program; (v) Emissions and ambient monitoring; (vi) Modeling, analyses, or demonstrations; (vii)Preparing inventories and tracking emissions; and (viii)Providing direct and indirect support to sources under the Small Business Stationary Source Technical and Environmental Compliance Assistance Program contained in section 507 of the Act [42 U.S.C. A77661(f)] in determining and meeting their obligations under the Act. (2) (i) The fee schedule may be presumed to meet the requirements of paragraph (b)(1) of this section if it would result in the collection and retention of an amount not less than $25 per year (as adjusted pursuant to the criteria set forth in paragraph (b)(2)(iv) of this section) times the total tons of the actual emissions of each regulated pollutant (for presumptive fee calculation) emitted from part 70 sources. (ii) There may be excluded from such calculation: (A) The actual emissions of sources for which no fee is required under paragraph (b)(4) of this section; (B) The amount of a part 70 source's actual emissions of each regulated pollutant (for presumptive fee calculation) that the source emits in excess of four thousand (4,000) tpy; (C) A part 70 source's actual emissions of any regulated pollutant (for presumptive fee calculation), the emissions of which are already included in the minimum fees calculation; or (D) The insignificant quantities of actual emissions not required in a permit application pursuant to Section 4-56(c) of this ordinance relative to approved insignificant activities. (iii)"Actual emissions" means the actual rate of emissions in tons per year of any regulated pollutant (for presumptive fee calculation) emitted from a part 70 source over the preceding calendar year or any other period determined by the permitting authority to be representative of normal source operation and consistent with the fee schedule approved pursuant to this section. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and in- place control equipment, types of materials processed, stored, or combusted during the preceding calendar year or such other time period established by the permitting authority pursuant to the preceding sentence. (iv) The $25 per ton per year used to calculate the presumptive minimum amount to be collected under a fee schedule, as described in paragraph (b)(2)(i) of this section, shall be increased each year by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. Such calculation shall be made in accordance with the provisions of Section 4-60(e)(4) of this ordinance. (A) The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year. (B) The revision of the Consumer Price Index which is most consistent with the Consumer Price Index for the calendar year 1989 shall be used. (3) The fee schedule herein established may include emissions fees, application fees, service-based fees or other types of fees, or any combination thereof, to meet the requirements of paragraph (b)(1) or (b)(2) of this section. Nothing in the provisions of this section shall require the permitting authority to calculate fees on any particular basis or in the same manner for all part 70 sources, all classes or categories of part 70 sources, or all regulated air pollutants, provided that the permitting authority collects a total amount of fees sufficient to meet the program support requirements of paragraph (b)(1) of this section. Where there is more than one allowable method of calculating the annual fee, the owner (or operator) may select the method. (4) Notwithstanding any other provision of this section, during the years 1995 through 1999 inclusive, no fee for purposes of the part 70 program shall be required to be paid with respect to emissions from any affected unit under section 404 of the Act. (5) The permitting authority shall provide a detailed accounting that the fee schedule meets the requirements of paragraph (b)(1) of this section if: (i) The fee schedule that would result in the collection and retention of an amount less than that presumed to be adequate under paragraph (b)(2) of this section; or (ii) The Administrator determines, based on comments rebutting the presumption in paragraph (b)(2) of this section or on his/her own initiative, that there are serious questions regarding whether the fee schedule is sufficient to cover the permit program costs. (c) Fee demonstration. The permitting authority shall provide a demonstration that the fee schedule selected will result in the collection and retention of fees in an amount sufficient to meet the requirements of this section. (d) Use of required fee revenue. The demonstration shall contain an initial accounting (and periodic updates as required) of how required fee revenues are used solely to cover the costs of meeting the various functions of the part 70 permitting program. (e) The initial fee schedule is as follows: (1) The owner or operator or the "responsible official" of a part 70 source shall pay an annual emission fee to the bureau based on "regulated pollutant (for presumptive fee calculation)" as those terms are defined in Section 4-53 of this ordinance. (2) The annual emission fee for any part 70 source shall be based on its allowable emissions until the end of the first annual accounting period following issuance of its initial part 70 operating permit. No later than 12 months after issuance of its initial part 70 operating permit, the owner or operator or responsible official of the part 70 source shall notify the director in writing of its choice to base its annual emissions fee for the remainder of its initial operating permit term, as elected by the source, on either its allowable emissions or its actual emissions. (3) The annual emissions fees described in Section 4-60(e)(6) of this ordinance shall apply after the enactment date of this ordinance and approval by the Administrator. A source subject to this ordinance shall be required to pay the required fee prior to issuance of its part 70 operating permit. Said fees shall be collected by the bureau and remitted to the treasurer of the City of Chattanooga as the fiscal agent of the board. (See 40 CFR 70.9(b)(2)(iii) and (iv)) (4) If the owner or operator or responsible official chooses actual emissions as its fee basis, the magnitude of the source's emissions must be proven to the satisfaction of the Director. The procedure for quantifying actual emission rates shall be specified in the operating permit. The costs of proving the actual emission rates on an annualized basis shall be borne by the part 70 source. The required payment shall be based upon the actual emissions documentation submitted by the source and subject to correction by the Bureau after inspection of the source. (i) Once the choice of a fee basis has been declared, it may be altered by written request to the director only during the following periods of eligibility: (1) at least 180 days prior to expiration of the initial part 70 operating permit or (2) at least 180 days prior to renewal of an expiring part 70 operating permit. (5) The due date for part 70 source annual emission fees is November 1st of each calendar year beginning November 1, 1995. Part 70 sources with annual emission fees in excess of $50,000 may elect to make four (4) equal payments according to the following schedule: 1st Payment November 1st 2nd Payment February 1st 3rd Payment May 1st 4th Payment August 1st (6) The rate at which annual emission fees are assessed shall be $29.32 per ton for each annual accounting period. (7) An emission cap of 4,000 tons per year per "regulated pollutant (for presumptive fee calculation)" for a part 70 source per part 70 source SIC code shall apply to actual or allowable-based emission fees. An emission fee will not be charged for emissions in excess of the cap(s) or for carbon monoxide. (8) In the case where a part 70 source is shutdown such that it has operated only during a portion of the annual accounting period and permits are forfeited to the director, the appropriate fee shall be calculated on a prorated basis over the period of time that the permits were active in the annual accounting period. A part 70 source that is shutdown, but wishes to retain its operating permit, shall pay a maintenance fee equivalent to 40% of the fee that would be charged had it chosen the allowable emission based annual emission fee. If the source chooses this option in the midst of an annual accounting period, the fee will be prorated according to the number of months that the source was in the maintenance fee status. (9) Part 70 sources choosing an allowable based annual emission fee must conform to the following requirements: (i) If the part 70 source wishes to restructure its allowable emissions for the purposes of lowering its annual emission fees, a mutually agreed upon, more restrictive regulatory requirement may be established to reduce its allowable emissions and thus its annual emission fee. The more restrictive requirement must be specified in the permit, and must specify the method used to determine compliance with the limitation. The documentation procedure to be followed by the part 70 source must also be included to insure that the limit is not exceeded. Restructuring the allowable emissions is permissible only at the expiration of the initial operating permit or at the renewal of an expiring operating permit, and only if a written request for restructuring is filed with the director at least 120 days prior to the beginning of the annual accounting period for which the change is requested. (ii) Beginning November 1, 1995, and each November 1st thereafter, any part 70 source paying annual emission fees based on allowable emissions shall file an allowable emissions analysis with the director which summarizes its allowable emissions of all "regulated pollutants (for presumptive fee calculation)" at the part 70 source. Based upon its allowable emissions analysis, the part 70 source shall pay a minimum annual emission fee calculated at sixty percent (60%) of the current annual emission fee rate. (iii)Beginning November 1, 1997, and each November 1st thereafter, a part 70 source subject to annual emission fees based on actual emissions shall file an actual emissions analysis with the director which (1) specifies the method(s) used to quantify its emissions at each emission point and as fugitive emissions and (2) which summarizes its actual emissions of all regulated pollutants. (iv) The bureau will compile a report of all actual based and allowable based annual emission fees that it receives for the annual accounting period and reconcile the report to the bureau's operating budget for the corresponding fiscal year. If insufficient revenues were received for the budgeted direct and indirect costs of the bureau's regulatory activities pertaining to part 70 sources, supplemental fees for the sources choosing to pay a fraction of the annual emission fee rate on an allowable tonnage basis will be required. The supplemental fees for those part 70 sources choosing allowable emissions shall be calculated and presented to the board at its January meeting following the fiscal year under consideration. Upon board approval, supplemental fees shall be assessed against all part 70 sources choosing allowable based annual emission fees. However, no part 70 source shall be charged an annual emission fee based on a dollar per ton rate greater than the current emission fee for actual based emission fees. The supplemental fee assessment will be sent to the part 70 source via certified mail and is due within thirty (30) days after receipt of the assessment. The director may extend this due date an additional ninety (90) days where the director finds that the part 70 source owner or operator's supplemental fee notice was mailed by the bureau to an incorrect mailing address. If a part 70 source owner or operator is aggrieved by a supplemental fee, the bureau will explain the procedures used to calculate the fee. If a dispute continues after the explanation, the matter may be appealed to the board as a contested case hearing provided that the dispute is not based upon: (A) The quantity of "regulated pollutants (for presumptive fee calculation)" allowable emission tonnages that were reported by the part 70 source in its allowable emissions analysis for the period in dispute and/or; (B) The supplemental allowable emission annual emission fee rate set by the board pursuant to Section 4-60(b)(10)(iv) of this ordinance for the period in dispute. Exceedance of a restructured allowable emission limitation shall be viewed by the board as circumvention of the required annual emission fee and a matter for which enforcement action must be pursued. (10) A newly constructed part 70 source, or an existing source modifying operations such that it becomes a part 70 source in the midst of the standard November 1st to October 30th annual accounting period, shall pay allowable based annual emissions fees for the fractional remainder of the annual accounting period commencing upon start-up. At the beginning of the next annual accounting period, the part 70 source's owner or operator or "responsible official" may choose to pay annual emission fees based on actual or allowable emissions. Sec. 4-61. Judicial Review - Failure to Take Final Action. Solely for the purposes of obtaining judicial review in State court for failure to take final action, "final permit action" shall include the failure of the permitting authority to take final action on an application for a permit, permit renewal or permit revision within the time specified in this ordinance or such lesser time as may be established by the Board. If sources are permitted to make changes subject to post hoc review under Section 4-58(e)(1) of this ordinance the failure of the permitting authority to take final action within 90 days of receipt of an application requesting minor permit modification procedures shall be deemed to be final action subject to judicial review. If a source is permitted to make changes subject to post hoc review under Section 4-58(e)(2) of this ordinance the failure of the permitting authority to take final action within 180 days of receipt of an application requesting modifications subject to group processing requirements shall be deemed to be final action subject to judicial review. Except as provided under the initial transition plan provided for under Section 4-56(e) of this ordinance or under Title IV of the Act, final action shall be taken on each permit within the time prescribed by, or established under, Section 4-58(a)(2) of this ordinance. The failure of the permitting authority to take final action within the time herein prescribed constitutes an action upon which the source (or other person with "standing") may seek a writ of mandamus (T.C.A. 29-25-101 et seq.) or a writ of certiorari (T.C.A. 27-9-101 et seq.) whichever is applicable. If a writ of mandamus is sought it shall require the permitting authority to issue or deny the permit, and shall not attempt to establish the terms, conditions, requirements or elements of the permit. Sec. 4-62. Final action - Administrative and Judicial Review. Except as provided under the initial transition plan provided for under Section 4-56(e) of this ordinance or under Title IV of the Act final action shall be taken on each permit within the time prescribed by Section 4-58(a)(2) of this ordinance. The failure of the permitting authority to take action within the time hereinabove prescribed constitutes an action upon which the source (or other person with "standing") may seek a writ of mandamus (T.C.A. 29-25-101 et seq.) or writ of certiorari (T.C.A. 27-9-101 et seq.) whichever is appropriate in the circumstances of the case. If a writ of mandamus is sought it shall require the permitting authority to either issue or deny the permit, but not attempt to establish the terms or conditions of the permit. If review of final permit action is sought on grounds of contest arising after the time prescribed by T.C.A. 27-9-101 et. seq., the grounds must be brought initially to the attention of the Board by petition with a request for special hearing setting forth the time constraints. Certiorari under T.C.A. 27-9-101 et. seq. will be from the action of the Board on that petition, provided that the application for certiorari under T.C.A. 27-9-101 et. seq. must in any event be filed prior to the 91st day after the new grounds arose. If the final permit action being challenged is the failure of the Board to take action, upon a petition for final permit action by the board after failure of the director to take action, the contestant may file for the appropriate writ in State Court at any time following the expiration of the time allowances hereinabove provided and before the Board denies the permit or issues the final permit. Sec. 4-63. Judicial Review of Terms and Conditions of Permit. The exclusive means for obtaining judicial review of the terms and conditions of permits shall be by certiorari under T.C.A. 27-9-101 et. seq. but only after all administrative remedies have been exhausted. In those cases where certiorari is appropriate under T.C.A. 27-9-101 et. seq. the source shall, at such time as the source deems timely, petition the Board to exercise its own authority to override the Director and take appropriate final permit action so as to permit the source to meet the prescribed time constraints in obtaining judicial review. Such petition to the Board shall be filed in sufficient time to allow the Chairperson (or Vice- Chairperson, in the absence of the Chairperson) to call a special meeting of the Board and to allow the Board to hold a hearing, to deliberate and to take appropriate action within the time limits prescribed in this ordinance for final permit action. Such administrative and judicial review on permit actions shall be available to the applicant, to any person who participated in the hearing process provided pursuant to Section 4-58(h) of this ordinance and to any other person who, under the law of Tennessee, has "standing" to obtain judicial review of such action. The application for such judicial review is required to be prior to the 91st day following final permit action. The person seeking judicial review under this provision must exhaust administrative remedies and is required to appeal to the Board from any action of the director and in a contested case final permit action is the action of the board following a hearing, or opportunity for hearing, by the contestant or contestants. The petition for certiorari for judicial review under T.C.A. 27-9-101 et. seq. must be for review of action of the Board and not from action of the director. It must be filed within the time specified in that Statute and in no event more than 90 days after the final permit action by the board. Sec. 4-64. Hearings and Review. Except as hereinabove provided all other enforcement proceedings, adjudicatory hearings, administrative review, administrative remedies, appeals to the Board, petitions to the Board and all judicial review of Board actions shall be governed and controlled by the provisions of Section 4-17 and Section 4-18 of the Chattanooga Air Pollution Control Ordinance of Chapter 4 of the Chattanooga City Code. Sec. 4-65. Enforcement. (a) Whenever the permitting authority has reason to believe that a violation of any provision of this ordinance has occurred, the board or director may cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this ordinance or permit alleged to be violated and the date, time, place and general nature of the alleged violation or violations thereof and may include an order that necessary action be taken within a reasonable time. The notice provided for in this subsection may be served by the sheriff or a deputy sheriff of the county; or by a police officer of this city; or by a special police officer of this city; or by a special deputy sheriff; or may be served in any other manner prescribed for the service of a writ of summons by the statutes of the state or by the Tennessee Rules of Civil Procedure. Any such order shall become final unless, no later than thirty (30) days after the date the notice and order are served, the person or persons named therein request in writing a hearing before the board and file a notice of appeal and a bond pursuant to section 4-18(e) of the Chattanooga Air Pollution Control Ordinance. Upon such request, the board shall hold a hearing. In lieu of an order, the board may require that the alleged violator or violators appear before the board for a hearing at a time and place specified in the notice and answer the charges complained of, or the board may initiate action pursuant to any applicable provisions of this ordinance, or the statutes of the state, or the acts of Congress of the United States, or the board may initiate action pursuant to any provisions or doctrines of the law of this state. (b) The Board may issue cease and desist orders after a hearing or opportunity for hearing before the Board. (c) The Board may file suit in the name of the Board in state or federal court for judicial aid in enforcement of any administrative order. (d) The permitting authority may terminate, modify, or revoke and reissue permits for cause. (e) Enforcement. The permitting authority shall have the enforcement authority established in Section 4-51 of this ordinance and shall have the following enforcement authority to address violations of this ordinance by part 70 sources including those that submit a written request for treatment as a synthetic minor source, (or emissions units thereat or thereon) or violations of permit requirements or conditions: (1) To restrain or enjoin immediately and effectively any person by administrative order or by suit in court from engaging in any activity in violation of a permit that is presenting an imminent and substantial endangerment to the public health or welfare, or the environment; (2) To seek injunctive relief in court to enjoin any violation of any program requirement, including permit conditions, without the necessity of a prior revocation of the permit; and (3) To assess civil penalties and sue in court to recover same and to seek criminal remedies, including fines, according to the following: (i) Civil penalties shall be recoverable for the violation of any applicable requirement as that term is defined in this ordinance; any permit term or condition; any fee or filing requirement; any duty to allow or carry out inspection, entry or monitoring activities, or any regulation or orders issued by the permitting authority; operation of a part 70 source or of an emissions unit at a part 70 source without a part 70 permit at any time that the part 70 source is required to have an issued part 70 permit, except as otherwise provided in this ordinance; and operation of a source that submits a written request for treatment as a synthetic minor source that is denied such treatment that operates without a part 70 permit at any time that the source or an emissions unit at the source is required to have an issued part 70 permit, except as otherwise provided in this ordinance. Each day of operation without an issued part 70 permit as described in this paragraph constitutes a separate violation. These penalties shall be recoverable in a maximum amount of not less than $10,000 per day per violation. Mental state shall not be an element of proof for civil violations. (ii) To bring civil actions to collect permit fees when necessary and to bring action to require compliance with the permit requirements of this ordinance. (iii)Criminal fines shall be recoverable against any person who knowingly violates any applicable requirement; any permit condition; or any fee or filing requirement. These fines shall be recoverable in a maximum amount of not less than $10,000 per day per violation. (iv) Criminal fines shall be recoverable against any person who knowingly makes any false material statement, representation or certification in any form, in any notice or report required by a permit, or who knowingly renders inaccurate any required monitoring device or method. These fines shall be recoverable in a maximum amount of not less than $10,000 per day per violation. (v) For the prosecution of criminal action under (e)(3)(iii) or (e)(3)(iv) above the permitting authority shall follow and comply with the provisions of T.C.A. 68-201-112 and shall notify the District Attorney General of the violation. (b) Burden of proof. The burden of proof and degree of knowledge or intent required under State law for establishing violations under paragraph (e)(3) of this section shall be no greater than the burden of proof or degree of knowledge or intent required under the Act. (c) Appropriateness of penalties and fines. A civil penalty or criminal fine assessed, sought, or agreed upon by the permitting authority under paragraph (e)(3) of this section shall be appropriate to the violation. Where an affirmative defense of emergency is not established, the Board may consider emergency circumstances in mitigation or reduction in assessing a penalty, and shall consider those factors enumerated in A7113(e)(1)[42 U.S.C. 7413(e)(1)] of the Act and those factors enumerated in T.C.A. 68-201-107, as well as those factors set forth at A74-4(e) of the Chattanooga Air Pollution Control Ordinance. Sec. 4-66. Severability. If any section, part of a section, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of any other portion of this ordinance, and only such invalid portion shall be elided from this ordinance. Sec. 4-67. Titles. The titles appearing as headings within this ordinance are for convenience only and shall not be deemed to be an aid to the construction of this ordinance. * * * * * * * * * * SECTION 3. That this Ordinance shall take effect two (2) weeks from and after its passage as provided by law. PASSED on Third and Final Reading Sepember 27, 1994. s/s_________________________________ CHAIRPERSON APPROVED:______ DISAPPROVED: _______ DATE: September 28, 1994. s/s_________________________________ JEM:cjc MAYOR