If the February 13, 2002 and February 14, 2002 requirements were not included in your permit when your permit was issued and you are covered by a Title 5 permit with a remaining permit term of 3 or more years on February 13, 2002, then your permitting authority must complete a reopening of your permit to incorporate the applicable requirements from these two rules by August 14, 2003. If on February 13, 2002, you had a permit with a permit term of less than 3 years, then the permitting authority can wait until permit renewal to incorporate these applicable requirements into your Title 5 permit. Of course, these applicable requirements would also be included in your permit renewal application. See 40 CFR 70.5(a)(1)(iii), 70.5(c)(4)(i), 71.5(a)(1)(iii), and 71.5(c)(4)(i). (Also, remember that as a major source, your Title 5 application and permit must address all emissions units and their applicable requirements at the Title 5 source, not just the section 112 emissions unit according to 40 CFR 70.3(c)(1) and 71.3(c)(1).)
The mechanism to reopen a Title 5 permit is stipulated in the permit itself and is referred to as "reopening for cause." Reopenings are initiated by the permitting authority, who will notify you at least 30 days in advance of the date your permit is scheduled to be reopened, unless a shorter time period is provided due to an emergency. Reopenings must be completed no later than 18 months after the promulgation of an applicable requirement. See 40 CFR 70.7(f) and 71.7(f).
Keep in mind, though, that an owner or operator of a source subject to the February 13, 2002 and February 14, 2002 rules remains subject to, and must act in compliance with, the requirements contained in these rules, as well as all other applicable requirements to which the source is subject, regardless of whether the requirements are included in a Title 5 permit. See 40 CFR 70.6(a)(1), 70.2, 71.6(a)(1) and 71.2.
With respect to the permanent replacement standards that are scheduled to be promulgated in 2005, you would follow the same procedures as discussed above to incorporate them into your existing Title 5 permit.
It is always advisable to consult with your permitting authority regarding their specific Title 5 permit reopening and renewal procedures.
For more information on Title 5 permitting, see the Title 5 Operating Permits Fact Sheet (PDF, 379 KB) in this Toolkit. Also, for information on aggregating emissions units to determine what is a source under Title 5, see the definition of major source in 40 CFR 70.2, 71.2, and 63.2.
If my source is a major source, what do I need to do to include the February 13, 2002 interim standards and February 14, 2002 final amendments in my permit; and what about the permanent replacement standards to be issued in 2005?
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