MARIPOSA COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 1005 - DISTRICT ADMINISTRATIVE PROCEDURES
A. Completeness Review of Application
[Reference: 40 CFR Part 70.5(a)(2) and 70.7(a)(4)]
The APCO shall determine if an application is complete and shall notify an owner or operator of the determination within the following timeframes:
The application shall be deemed complete unless the APCO requests additional information or otherwise notifies an owner or operator that the application is incomplete within the timeframes specified above.
B. Notification of Completeness Determination
[Reference: 40 CFR Part 70.7(e)(2)(iii) and 70.8(a)(1 and 2)]
The APCO shall provide written notification of the completeness determination to the U.S. EPA, the ARB and any affected state and shall submit a copy of the complete application to the U.S. EPA within five working days of the determination. The APCO need not provide notification for applications from sources that are not major sources when the U.S. EPA waives such requirement for a source category by regulation or at the time of approval of the District operating permits program.
C. Application Processing timeframes
[Reference: 40 CFR Part 70.7(a)(2)]
The APCO shall act on a complete application in accordance with the procedures in subsections D., E., and F., below (except as application procedures for acid rain units are provided for under regulations promulgated pursuant to Title IX of the CAA), and take final action with the following timeframes:
D. Notification and Opportunity for Review of Proposed Decision
[Reference: 40 CFR Part 70.7(h) and 70.8]
Within the applicable timeframe specified in subsection C., above, the APCO shall provide notice of and opportunity to review the proposed decision to issue a permit to operate in accordance with requirements in this subsection.
E. Changes to the Proposed Decision
Changes to the proposed decision shall be governed by the following procedure:
F. Final Decision
If the U.S. EPA does not object in writing within 45 days of the notice provided pursuant to subsection
D.1.e., above, or the APCO submits a revised permit pursuant to subsection E.2., above, the APCO
shall, expeditiously, deny the application or issue the final permit to operate. In any case, the APCO shall
take final action on an application within the applicable timeframe specified in subsection C., above. Failure
of the APCO to act on a permit application or permit renewal application in accordance to the timeframes
provided in subsection C., above, shall be considered final action for purposes of obtaining judicial review to
require that action on the application be taken expeditiously.
[Reference: 40 CFR Part 70.4(b)(xi), 70.7(a)(1)(v and (a)(2), and 70.8(c)]
Written notification of the final decision shall be sent to an owner or operator of the source, the U.S.
EPA, the ARB and any person and affected state that submitted comments during the public comment
period. The APCO shall submit a copy of a permit to operate as issued to the U.S. EPA and provide
a copy to any person or agency requesting a copy. If the application is denied, the APCO shall provide reasons
for the denial in writing to an owner or operator along with the District analysis and cite the specific
statute, rule, or regulation upon which the denial is based.
[Reference: 40 CFR Part 70.8(a)(1)]
G. District Action on Written Requests
The APCO shall act on a written request of an owner or operator for permit action using the applicable procedure specified in this subsection.
1. Administrative Permit mendment
[Reference: 40 CFR Part 70.7(d)(3)]
The APCO shall take final action no later than 60 days after receiving the written request for an administrative permit amendment.
- After designating the permit revisions as an administrative permit amendment, the APCO may revise the permit without providing notice to the public or any affected state.
- The APCO shall provide a copy of the revised permit to an owner or operator of the source and the U.S. EPA.
- While the APCO need not make a completeness determination on a written request, the APCO shall notify an owner or operator of the source if the APCO determines that the permit cannot be revised as an administrative permit amendment.
2. Permit Modification for a Condition that is not Federally Enforceable
[Reference: 40 CFR Part 70.4(b)(14) and 70.6(b)]
The APCO shall take action on a written request for a permit modification for a condition that is not federally enforceable in accordance with the requirements of Regulation V under the following circumstances:
- Any change at the stationary source allowed by the permit modification shall meet all applicable federal requirements and shall not violate any existing permit term or condition; and
- The APCO provides to the U.S. EPA a contemporaneous written notice describing the change, including the date, any change in emissions or air pollutants emitted, and any applicable federal requirements that would apply as a result of the change.
3. Permits to Operate for New Emissions Unit
The APCO shall take action on a written request for a permit to operate for a new emissions unit in accordance with the requirements of Regulation V under the circumstances specified in subsection 2.a. and 2.b., above. However, if Rule 1004 D.3.a., b., or c., above, apply, the APCO shall require the submittal of a standard District application and take action on that application pursuant to the requirement of Regulation X.
H. Permit Reopening for Cause
[Reference: 40 CFR Part 70.7(f)]
The APCO shall reopen and revise a permit to operate during the annual review period required by section
42301(c) of the H&SC, or petition the District hearing board to do so pursuant to section 42307
of the H&SC, whichever is applicable, prior to its expiration date upon discovery of cause for reopening
or upon notification of cause for reopening by the U.S. EPA, or within 18 months of promulgation of a new
applicable federal requirement. The APCO shall act only on those parts of the permit for which cause
to reopen exists.
[Reference: 40 CFR Part 70.7(f)(2)]
[Reference: 40 CFR Part 70.4(b)(12) and (d)(3)(vii)]
I. Options for Operational Flexibility
[Reference: 40 CFR Part 70.4(b)(12) and (d)(3)(viii)]
The APCO shall allow specified changes in operations at a source without requiring a permit revision for conditions that address an applicable federal requirement. The APCO shall not allow changes which constitute a modification under Title I of the CAA, Rule 102, or Regulation IV, or that result in an exceedance of the emissions allowable under the permit, whether expressed therein as a rate of emissions or in terms of total emissions without revision to the permit. The source may gain operational flexibility through use of the following options:
1. Alternative Operating Scenarios
[Reference: 40 CFR Part 70.7(a)(9)]
The APCO shall allow the use of alternative operating scenarios provided that:
- Terms and conditions applicable to each operating scenario are identified by owner or operator of source in the permit application,
- The terms and conditions are approved by the APCO,
- The terms and conditions are incorporated into the permit; and
- The terms and conditions are in compliance with all applicable District, state, and federal requirements.
A permit condition shall require a contemporaneous log to record each change made from one operating scenario to another.
2. Voluntary Emissions Caps
[Reference: 40 CFR Part 70.4(b)(12)(iii) and 70.6(a), (a)(10) and (c)]
The APCO shall issue a permit that contains terms and conditions that allow for trading of emissions increases and decreases within the stationary source solely for the purpose of complying with a voluntary emissions cap established in the permit independent of otherwise applicable federal requirements provided that:
- The requirements of subsections 1.a., 1.c., and 1.d., above, are met;
- The terms and conditions are approved by the APCO as quantifiable and enforceable; and
- The terms and conditions are consistent with the applicable preconstruction permit.
A permit condition shall require that an owner or operator of the source provide written notice to the U.S. EPA and the APCO 30 days in advance of a change by clearly requesting operational flexibility under this subsection of Regulation X. The written notice shall describe the change, identify the emissions unit which will be affected, the date on which the change will occur and the duration of the change, any change in emissions of any air pollutant, whether regulated or not, and any new emissions of any air pollutant not emitted before the change, whether regulated or not.
3. Contravening an Express Permit Condition
[Reference: 40 CFR Part 70.4(b)(12)]
The APCO shall allow for changes in operation that contravene an express condition addressing an applicable federal requirement in a permit to operate provided that:
- The change will not violate any applicable federal requirement;
- The change will not contravene federally-enforceable conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements;
- The change is not a modification under Title I of the CAA or any provision of Rule 102 or Regulation IV;
- The change does not result in exceeding the emissions allowable under the permit, whether expressed therein as a rate of emissions or in terms of total emissions;
- Written notice is given to the U.S. EPA and the APCO 30 days in advance of a change, and the notice clearly indicates which term or condition will be contravened, requests operational flexibility under this subsection, describes the change, identifies the emissions units which will be affected, the date on which the change will occur, the duration of the change, any change in emissions of any air pollutant, whether regulated or not, and any new emissions of any air pollutant not emitted before the change, whether regulated or not; and
- The APCO has not provided a written denial to an owner or operator of the source within 30 days of receipt of the request for an operational change. The written denial shall identify which of the requirements of subsections a., b., c., d., or e., above, have not been satisfied.