EL DORADO COUNTY AIR QUALITY MANAGEMENT DISTRICT

RULE 519 - REQUEST FOR SYNTHETIC MINOR SOURCE STATUS
(Adopted: June 27, 1995)
 

INDEX
519.1 GENERAL
  1. PURPOSE
  2. APPLICABILITY

519.2 DEFINITIONS

  1. MAJOR SOURCE THRESHOLD
  2. MODIFICATION
  3. OPERATING SCENARIO
  4. OWNER OR OPERATOR
  5. SYNTHETIC MINOR SOURCE

519.3 STANDARDS

  1. MODIFICATION REQUIREMENTS

519.4 ADMINISTRATIVE REQUIREMENTS

  1. REQUEST FOR SYNTHETIC MINOR STATUS
  2. REQUEST SCHEDULE
  3. COMPLETENESS DETERMINATION
  4. FEDERALLY-ENFORCEABLE CONDITIONS
  5. PUBLIC NOTIFICATION AND REVIEW
  6. U.S. EPA REVIEW
  7. FINAL ACTION
  8. RENEWAL OF SYNTHETIC MINOR STATUS
  9. COMPLIANCE



RULE 519
REQUEST FOR SYNTHETIC MINOR SOURCE STATUS
 

519.1 GENERAL

  1. PURPOSE: This rule authorizes the owners or operators of specified stationary sources that would otherwise be major sources to request and accept federally-enforceable emission limits sufficient to allow the source to be considered "synthetic minor sources". A synthetic minor source is not subject to Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, unless it is subject to that rule for any reason other than being a major source. A synthetic minor source is subject to all applicable federal requirements for non-major stationary sources and to all federally-enforceable conditions and requirements pursuant to this rule. In addition, a synthetic minor source is subject to all applicable State and District rules, regulations, and other requirements.
  2. APPLICABILITY:
    1. This rule applies to any major source for which the owner or operator requests, and would be able to comply with, federally-enforceable conditions that qualify the source to be a synthetic minor sources, as defined herein.
    2. This rule shall not apply to any source subject to Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, for any reason other than being a major source.

519.2 DEFINITIONS: All terms shall retain the definitions provided under Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, unless otherwise defined herein.

  1. MAJOR SOURCE THRESHOLD: The potential to emit a regulated air pollutant in the amounts specified in the definition of a "major source" as defined in Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM.
  2. MODIFICATION: Any physical or operational change at a source or facility which necessitates a revision of any federally-enforceable condition, established pursuant to this rule or by any other mechanism, that enables a source to be a synthetic minor source.
  3. OPERATING SCENARIO: Any mode of operation to be permitted, including: normal operation, start-up, shutdown, and reasonably foreseeable changes in process, feed, or product.
  4. OWNER OR OPERATOR: Any person who owns, operates, controls, or supervises a stationary source.
  5. SYNTHETIC MINOR SOURCE: A stationary source which pursuant to this rule or another mechanism, is subject to federally-enforceable conditions that limit its potential to emit to below major source thresholds.

519.3 STANDARDS

  1. MODIFICATION REQUIREMENTS: The following requirements apply to any modification of a synthetic minor source:
    1. For a modification that would not increase the synthetic minor source's potential to emit to equal or exceed any major source threshold, the source shall comply with the requirements of Rule 523 NEW SOURCE REVIEW.
    2. For a modification that would increase the synthetic minor source's potential to emit to equal or exceed any major source threshold or would affect a monitoring, recordkeeping, or reporting requirement pursuant to Section 519.4 D.2. of this rule, the owner or operator shall comply with the applicable requirements of Rule 523 NEW SOURCE REVIEW, and shall:
      1. Submit a revised request for synthetic minor status in accordance with Section 519.4 A. of this rule no later than 180 days prior to the intended modification; or
      2. Submit an application in accordance with the requirements of Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, no later than 180 days prior to the intended modification.

519.4 ADMINISTRATIVE REQUIREMENTS

  1. REQUEST FOR SYNTHETIC MINOR STATUS:
    1. A request for synthetic minor source status shall not relieve a source of the responsibility to comply with the application requirements of Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, within the specified timeframes. A major source subject to this rule may request synthetic minor source status in accordance with the requirements of Sections 519.4 A. and 519.4 B. of this rule.
    2. A request for designation as a synthetic minor source shall include:
      1. The identification and description of all existing emission units at the source;
      2. The calculation of each emission unit's maximum annual and maximum monthly emissions of regulated air pollutants for all operating scenarios to be permitted, including any existing federally-enforceable limits established by a mechanism other than this rule;
      3. Proposed federally-enforceable conditions which:
        1. Limit source-wide emissions to below major source thresholds, and;
        2. Are permanent, quantifiable, and otherwise enforceable as a practical matter;
      4. Proposed federally-enforceable conditions to impose monitoring, recordkeeping, and reporting requirements sufficient to determine compliance;
      5. Any additional information requested by the Air Pollution Control Officer; and
      6. Certification by a responsible official that the contents of the request are true, accurate, and complete.
  2. REQUEST SCHEDULE: The owner or operator of a major source who chooses to request synthetic minor source status shall make such a request within the following timeframes:
    1. For any major source that is operating or is scheduled to commence operating on the effective date of Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, the owner or operator shall request synthetic minor source status no later than 60 days before an application is required under Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM.
    2. For any major source that commences operating after the effective date of Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, the owner or operator shall request synthetic minor source status no later than 60 days before an application is required under Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM.
    3. For a major source that is operating in compliance with a permit pursuant to Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, the owner or operator shall request synthetic minor source status at any time, but no later than 180 days prior to permit renewal.
  3. COMPLETENESS DETERMINATION: The Air Pollution Control Officer shall determine if the request for synthetic minor status is complete within 30 days of receipt, unless a longer period of time is agreed upon by the Air Pollution Control Officer and the source's owner or operator.
  4. FEDERALLY-ENFORCEABLE CONDITIONS: Federally-enforceable conditions enabling a source to become a synthetic minor source shall be identified as federally enforceable and included in a source's Permit to Operate issued by the Air Pollution Control Officer in accordance with Rule 501 GENERAL PERMIT REQUIREMENTS, and Sections 519.4 E., F., and G. of this rule, and shall be:
    1. Permanent, quantifiable, and practically enforceable permit conditions, including any operational limitations or conditions, which limit the source's potential to emit to below major source thresholds;
    2. Monitoring, recordkeeping, and reporting conditions sufficient to determine on-going compliance with the emission limits set forth pursuant to Section 519.4 D.1. of this rule; and
    3. Subject to public notice and U.S. EPA review pursuant to Sections 519.4 E. and 519.4 F. of this rule. Permits that do not conform to the requirements of this Section, and other requirements of this Rule, or any underlying federal regulations which set forth criteria for federal-enforceability may be deemed not federally-enforceable by the U.S. EPA.
  5. PUBLIC NOTIFICATION AND REVIEW: After a request for synthetic minor status is determined to be complete, the Air Pollution Control Officer shall:
    1. Publish a public notice of the request in one or more major newspapers in the area where the source is located;
    2. In the public notice:
      1. State that conditions for the source identified as federally-enforceable in the source's permit will establish a voluntary emissions limit in accordance with this rule; and
      2. Describe how the public may obtain copies of the proposed permit including the federally-enforceable conditions addressing the emissions limit; and
    3. Provide 30 days for public review to final permit action.
  6. U.S. EPA REVIEW: After a request for synthetic minor source status is determined to be complete, the Air Pollution Control Officer shall:
    1. Provide the U.S. EPA with copies of the proposed permit including the conditions which:
      1. Are identified as federally-enforceable, and
      2. Limit emissions to below major source thresholds;
    2. Provide 30 days for U.S. EPA review of the proposed permit prior to final permit action; and
    3. Provide the U.S. EPA with copies of the final permit.
  7. FINAL ACTION:
    1. Until the Air Pollution Control Officer takes final action to issue the Permit to Operate pursuant to this Section, a source requesting synthetic minor status shall not be relieved of the responsibility to comply with the application or other requirements of Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, within the specified timeframes.
    2. Upon fulfilling the requirements of Sections 519.4 C. through 519.4 F. of this rule, the Air Pollution Control Officer shall consider any written comments received during public and U.S. EPA review and take final action on the Permit to Operate of a source requesting synthetic minor source status within 90 days of deeming such request complete or within three years of the effective date of Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, whichever is later.
    3. The Air Pollution Control Officer shall maintain a public record of all pertinent documents regarding a request for synthetic minor source status, including: the request, proposed permit, all written comments and responses, and the final permit.
  8. RENEWAL OF SYNTHETIC MINOR STATUS: Renewal of synthetic minor source status shall be made in accordance with Rule 501 GENERAL PERMIT REQUIREMENTS. In addition, at permit renewal, any revision of conditions identified as federally enforceable shall be subject to the provisions of Sections 519.4 A. and 519.4 C. through 519.4 G. of this rule.
  9. COMPLIANCE:
    1. The owner or operator of a synthetic minor source which exceeds the conditions identified as federally enforceable and established pursuant to Section 519.4 D.2. of the rule shall report such exceedances to the Air Pollution Control Officer in accordance with Rule 516 UPSET AND BREAKDOWN CONDITIONS.
    2. The owner or operator of a synthetic minor source that is not in compliance with any condition identified as federally enforceable or with any requirement set forth in this Rule, or that file false information to the Air Pollution Control Officer to obtain synthetic minor source designation, is in violation of the Clean Air Act and District Rules and Regulations. A non-complying synthetic minor source may be subject to one or a combination of the following actions: enforcement action, permit termination, permit revocation and reissuance, and permit renewal denial.