KERN COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 201.4 - STATE IMPLEMENTATION PLAN PROVISIONS FOR
ESTABLISHING ALTERNATIVE REQUIREMENTS

(Adopted 1/9/97)

I. Alternative Requirements

For the purposes of Title V of the Federal Clean Air Act Amendments of 1990, in lieu of requirements imposed pursuant to District rules that have been submitted by the California Air Resources Board and approved by the United States Environmental Protection Agency (U.S. EPA) as part of the State Implementation Plan, the owner or operator of a stationary source may comply with alternative requirements established pursuant to issuance, renewal, or significant revision of a Title V permit, to which the U.S. EPA has not objected, in accordance with Rule 201.1 (Permits to Operate for Sources Subject to Title V of the Federal Clean Air Act Amendments of 1990), as amended, and which are consistent with the streamlining procedures and guidelines set forth in Section II.A. of the U.S. EPA document entitled "White Paper Number 2 for Improved Implementation of The Part 70 Operating Permits Program", dated March 5, 1996.

II. Public Comment Period

Where the public comment period for a proposed permit to be issued by the Air Pollution Control Officer (APCO) pursuant to Rule 201.1 precedes the U.S. EPA review period, the APCO shall submit any public comments concerning alternative requirements to the U.S. EPA with the proposed permit. If the U.S. EPA and public comment periods run concurrently, the APCO shall submit public comments to the U.S. EPA no later than five working days after the end of the public comment period or by the date agreed upon by the District and the U.S. EPA.

III. Approvability

The APCO's determination of approval is not binding on the U.S. EPA. The owner or operator shall comply with applicable federal requirements until the final Title V permit containing alternative requirements is issued by the APCO.