EL DORADO COUNTY AIR QUALITY MANAGEMENT DISTRICT

RULE 520 - ENHANCED MONITORING AND COMPLIANCE CERTIFICATION
(Adopted: June 27, 1995)

INDEX
520.1 GENERAL
  1. PURPOSE
  2. APPLICABILITY 

520.2 DEFINITIONS

  1. ADMINISTRATOR
  2. MAJOR SOURCE THRESHOLD
  3. OWNER OR OPERATOR
  4. SYNTHETIC MINOR SOURCE

520.3 STANDARDS

  1. COMPLIANCE CERTIFICATION
  2. CREDIBLE EVIDENCE
  3. VIOLATIONS OF OTHER LEGAL MANDATES

520.4 ADMINISTRATIVE REQUIREMENTS

  1. EFFECTIVE DATE





 
RULE 520
ENHANCED MONITORING AND COMPLIANCE CERTIFICATION
 

520.1 GENERAL

  1. PURPOSE: The purpose of this rule is to provide standards by which the compliance with requirements derived from the federal Clean Air Act may be determined. The requirements of this rule arise from the provisions of Sections 110(a) (2) (A), (C), and (F); Section 113; and Section 114(a) (3) of the federal Clean Air Act.
  2. APPLICABILITY: The provisions of this rule shall apply to sources that are subject to the provisions of Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM, or those sources that request synthetic minor source status under the provisions of Rule 519 REQUEST FOR SYNTHETIC MINOR SOURCE STATUS.

520.2 DEFINITIONS

  1. ADMINISTRATOR: The Administrator of the United States Environmental Protection Agency or delegate.
  2. MAJOR SOURCE THRESHOLD: The potential to emit a regulated air pollutant in the amounts specified in the definition of "major source" defined in Rule 522 TITLE V - FEDERAL OPERATING PERMIT PROGRAM.
  3. OWNER OR OPERATOR: An owner or operator is any person who owns, operates, controls, or supervises a stationary source.
  4. SYNTHETIC MINOR SOURCE: A stationary source which, pursuant to Rule 519 REQUEST FOR SYNTHETIC MINOR SOURCE STATUS or another mechanism, is subject to federally-enforceable conditions that limit its potential to emit to below major source thresholds.

520.3 STANDARDS

  1. COMPLIANCE CERTIFICATION: Notwithstanding any other provision in any plan approved by the Administrator, for the purpose of submission of compliance certification required by federal law, the owner or operator is not prohibited from using the following, in addition to any specified compliance methods:
    1. An enhanced monitoring protocol approved for the source pursuant to 40 CFR Part 64.
    2. Any other monitoring method approved for the source pursuant to 40 CFR Part 70.6(a) (3) and incorporated into a federally enforceable operating permit.
  2. CREDIBLE EVIDENCE: Notwithstanding any other provision in the District's State Implementation Plan approved by the Administrator, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any such plan.
    1. Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at a source:
      1. An enhanced monitoring protocol approved for the source pursuant to 40 CFR Part 64.
      2. A monitoring method approved for the source pursuant to 40 CFR Part 70.6(a) (3) and incorporated into a federally enforceable operating permit.
      3. Compliance test methods specified in the District's State Implementation Plan.
    2. The following testing, monitoring, or information gathering methods are presumptively credible testing, monitoring, or information gathering methods:
      1. Any federally-enforceable monitoring or testing methods, including those in 40 CFR Parts 51, 60, 61, and 75.
      2. Other testing, monitoring, or information gathering methods that produce information comparable to that produced by any method specified in Sections 520.3 A.1. or 520.3 A.2. of this rule.
  3. VIOLATIONS OF OTHER LEGAL MANDATES: Nothing in the District Rules and Regulations is intended to permit any practice which is a violation of any statute, ordinance, rule or regulation.

520.4 ADMINISTRATIVE REQUIREMENTS

  1. EFFECTIVE DATE: This rule becomes effective on June 27, 1995.