NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT

RULE 525 - REQUEST FOR SYNTHETIC MINOR SOURCE STATUS
(Adopted: November 22, 1995)

CONTENTS


PART 1.0 PURPOSE AND GENERAL REQUIREMENTS

PART 2.0 APPLICABILITY

PART 3.0 DEFINITIONS

PART 4.0 STANDARDS

4.1 Modification Requirements for a Synthetic Minor Source

PART 5.0 ADMINISTRATIVE REQUIREMENTS

5.1 Request for Synthetic Minor Source Status

5.2 Completeness Determination

5.3 Designation of Federally Enforceable Conditions

5.4 Public Notification and Review

5.5 U.S. EPA Review

5.6 Final Action

5.7 Renewal of Synthetic Minor Source Status

PART 6.0 MONITORING AND RECORDS

6.1 Reporting Requirements

PART 7.0

7.1 Non-compliance Provision


PART 1.0 PURPOSE AND GENERAL REQUIREMENTS
  1.1 The purpose of this rule is to allow owners or operators of specified stationary sources that would otherwise be major stationary sources to request and accept federally enforceable emissions limits sufficient to enable the sources to be considered synthetic minor stationary sources.
  1.2 A synthetic minor stationary source is not subject to RULE 522 - FEDERAL OPERATING PERMIT PROGRAM unless it is subject to that rule for a reason other than being a major stationary source. A synthetic minor stationary 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 stationary source is subject to all applicable State and District rules, regulations, and other requirements.
PART 2.0 APPLICABILITY
This rule applies to any major stationary source located within the District for which the owner or operator requests, and would be able to comply with, federally enforceable limitations or conditions that quality the source to be a synthetic minor source, as defined herein. This rule shall not apply to any stationary source that is subject to District RULE 522 - TITLE V - FEDERAL OPERATING PERMIT PROGRAM for a reason other than being a major stationary source.
PART 3.0 DEFINITIONS
All terms shall retain the definitions provided under DistrictRULE 522 - TITLE V - FEDERAL OPERATING PERMIT PROGRAM, as applicable, unless otherwise defined herein.
  3.1

Federally Enforceable:

All limitations and conditions which are directly enforceable by U.S. EPA, including:

  1. District requirements developed pursuant to 40 CFR, Parts 60 (NSPS), 61 (NESHAP), 63 (NESHAP), 70 (Title V Operating Permit Program), and 72 (Permits Regulation, Acid Rain);
  2. Requirements contained in the California State Implementation Plan (SIP), that are applicable to the District; and
  3. District permit requirements established pursuant to 40 CFR Part 52.21 (PSD) or District permit requirements established pursuant to 40 CFR part 51, Subpart 1 (NSR) and approved by the U.S. EPA into the SIP.
  3.2 Fugitive Emissions:
Emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
  3.3 Hazardous Air Pollutant (HAP)
Any air pollutant listed pursuant to Section 112(b) 42 U.S.C. Section 74121(b) of the Federal Clean Air Act.
  3.4

Major Stationary Source Of Hazardous Air Pollutants (HAPs)

A stationary source that emits or has the potential to emit quantities equal to or exceeding the lesser any of the following thresholds:

  1. 10 tons per calendar year or more of a single HAP listed in Section 112(b) of the Federal Clean Air Act;
  2. 25 tons per calendar year or more of any combination of HAPs; or
  3. Any such lesser quantity of HAPs as U.S. EPA may establish by rule.

Fugitive emissions of HAPs shall be considered in calculating emissions for stationary sources. The definition of a major stationary source of radio nuclides shall be specified by rule by THE U.S. EPA.

  3.5 Major Stationary Source Of Regulated Air Pollutants
A stationary source that emits or has the potential to emit a regulated air pollutant in quantities equal to or exceeding 100 tons per calendar year. Fugitive emissions of these pollutants shall be considered in calculating total emissions for stationary sources in accordance with 40 CFR Part 70.2.
  3.6 Major Stationary Source Threshold:
The potential to emit a regulated air pollutant in the amounts specified under Sections 3.4 and 3.5.
  3.7 Modification:
Any physical or operational change at a stationary 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.
  3.8 Operating Scenario:
An operating scenario is any permitted mode of operation, including normal operation, startup, shutdown, and reasonably foreseeable changes in process, feed, or product.
  3.9 Owner Or Operator
Any person who owns, leases, operates, controls, or supervises a stationary source.
  3.10 Potential To Emit
The maximum physical and operational design capacity to emit a pollutant during each calendar year. Limitations on the physical or operational design capacity, including emissions control devices and limitations on hours of operation, may be considered only if such limitations are federally enforceable.
  3.11

Regulated Air Pollutant

Any of the following air pollutants are regulated:

  1. Oxides of nitrogen and volatile organic compounds;
  2. Any pollutant for which a national ambient air quality standard has been promulgated under Title I of the Federal Clean Air Act;
  3. Any pollutant that is regulated under any standard promulgated under Section 111 (42 U.S.C. Section 7411) of the Federal Clean Air Act, including New Source Performance Standards in 40 CFR Part 60;
  4. Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Federal Clean Air Act;
  5. Any pollutant that is subject to any standard promulgated pursuant to Sections 112 (42 U.S.C. Section 7412) of the Federal Clean Air Act including:
    1. Any pollutant listed pursuant to Section 112(r) Prevention of Accidental Release) shall be considered a regulated air pollutant upon promulgation of the list;
    2. Any HAP subject to a standard or other requirement promulgated by the U.S. EPA pursuant to Sections 112(d) or adopted by the District pursuant to Sections 112(g) and (i) shall be considered a regulated air pollutant for all sources or categories of sources;
      1. Upon promulgation of the standard or requirement; or
      2. 18 months after the standard or requirement was scheduled to be promulgated pursuant to Section 112(e)(3); and
    3. Any HAP subject to a District case-by-case emissions limitation determination for a new or modified source, prior to the U.S. EPA promulgation or scheduled promulgation of an emissions limitation shall be considered a regulated air pollutant when the determination is made pursuant to Section 112(g)(2) of the Federal Clean Air Act. In case-by-case emissions limitation determinations, the HAP shall be considered a regulated air pollutant only for the individual source for which the emissions limitation determination was made.
  3.12

Responsible Official:

Responsible Official shall mean one of the following:

  1. For a corporation or limited liability company;
    A president, chief executive officer, secretary, treasurer, chief financial officer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation or limited liability company, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a Title V permit or either:
    1. The facility(s) employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
    2. The delegation of authority to such representative is approved in writing in advance by the Air Pollution Control Officer.
  2. For a partnership or sole proprietorship:
    1. A general partner or the proprietor, respectively;
  3. For a municipality, state, or federal, or other public agency:
    1. Either a principal executive officer or ranking elected official.
  4. For the purposes of this rule, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of U.S. EPA); or
  5. For phase II acid rain facilities subject to Title IV requirements:
    1. The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Federal Clean Air Act or the regulations promulgated thereunder are concerned; and
    2. The designated representative for any other purposes under 40 CFR Part 70 regulations.
  3.13 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 less than major stationary source thresholds.
  3.14 United States Environmental Protection Agency (U.S. EPA)

The Administrator or appropriate delegates of the United States Environmental Protection Agency.
  3.15 Volatile Organic Compound

Any compound containing at least one atom of carbon as defined in 40 CFR Part 51.100(s), except those exempt compounds listed in 40 CFR Part 51.100(s).
PART 4.0 STANDARDS
  4.1

Modification Requirements for a Synthetic Minor Source:

The following requirements apply to any modification of a synthetic minor source:

  1. For a modification which would not increase the synthetic minor source's potential to emit to equal or exceed any major stationary source threshold, the source shall comply with the requirements of District REGULATION IV - AUTHORITY TO CONSTRUCT REGULATIONS;
  2. For a modification which 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, the owner or operator shall comply with the applicable requirements of District REGULATION IV - AUTHORITY TO CONSTRUCT REGULATIONS and shall:
    1. Submit a revised request for synthetic minor source status in accordance with Section 5.1 no later than 180 days prior to the anticipated commencement date of 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 anticipated commencement date of the modification. (The administrative requirements of District RULE 522 - TITLE V - FEDERAL OPERATING PERMIT PROGRAM for when a stationary source shall make permit application after the date the rule becomes effective, i.e., within 12 months of commencing operation, do not apply to modifying a synthetic minor source subject to this provision.)
PART 5.0 ADMINISTRATIVE REQUIREMENTS:
  5.1

Request for Synthetic Minor Source Status:

A request for a synthetic minor source status shall not relieve a stationary 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 stationary source subject to this rule may request synthetic minor source status in accordance with the following:

  1. Content of Request: A request for designation as a synthetic minor source shall include:
    1. The identification and description of all existing emissions 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,(1) 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 APCO; and
    6. Certification by a responsible official that the contents of the request are true, accurate, and complete.
  2. Timely Request: The owner or operator of a major stationary source who chooses to request synthetic minor stationary source status shall make such a request within the following timeframes:
    1. For any major stationary source that is operating or is scheduled to commence operation on the effective date of District RULE 522 - TITLE V - FEDERAL OPERATING PERMIT PROGRAM, the owner or operator shall request synthetic minor source status no later than 180 days before a Title V application is required under District RULE 522 - TITLE V - FEDERAL OPERATING PERMIT PROGRAM;
    2. For any major stationary source that commences operation after the effective date of District RULE 522 - TITLE V - FEDERAL OPERATING PERMIT PROGRAM, the owner or operator shall request synthetic minor source status no later than 180 days before a Title V permit application is required under District RULE 522 - TITLE V - FEDERAL OPERATING PERMIT PROGRAM; or
    3. For any major stationary source that is operating in compliance with a Title V permit issued pursuant to District RULE 522 - TITLE V - FEDERAL OPERATING PERMIT PROGRAM, the owner or operator may request synthetic minor source status at any time, but no later than eight months prior to the Title V permit renewal.

2 The calculated emissions for each emissions unit shall include the following fugitive emissions: 1) hazardous air pollutant fugitive emissions for all sources, and 2) other regulated air pollutant fugitive emissions for sources specified in 40 CFR Part 70.2 Major Sources (2).

  5.2

Completeness Determination:

  1. The Air Pollution Control Officer shall determine whether the request for synthetic minor source status is complete not later than 30 days after receipt of the request or after such longer time as both the owner or operator of the stationary source and the Air Pollution Control Officer have agreed in writing. If the Air Pollution Control Officer determines that the request is not complete, the owner or operator shall be notified in writing of the decision specifying the information required. Upon receipt of any re-submittal of the request, a new 30-day period to determine completeness shall begin. Completeness of the request or re-submittal request shall be evaluated on the basis of the information requirements set forth herein and by the APCO and on payment of appropriate fees pursuant to RULE 603 - PERMIT FEES - STATIONARY SOURCES.
  2. The Air Pollution Control Officer may, during the processing of the request, request the owner or operator of the stationary source to clarify, amplify, correct, or otherwise supplement the information submitted in the application.
  5.3

Designation of Federally Enforceable Conditions:

Conditions enabling a source to become a synthetic minor source shall be identified as federally enforceable and included in the source's Permit to Operate issued by the District pursuant to District RULE 501 - PERMIT REQUIREMENTS, and Sections 5.4 through 5.6 of this rule. The federally enforceable conditions shall contain monitoring and recordkeeping requirements sufficient to determine ongoing compliance with the emissions limits set forth pursuant to Section 5.3, and shall be:

  1. At least as stringent as other federally enforceable applicable requirements of the District;
  2. 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;
  3. Subject to public notice and U.S. EPA review pursuant to Sections 5.4 and 5.5.

Conditions in the Permit to Operate that do not conform to the requirements of this Section, any other requirements of this rule, or any underlying federal regulations which set forth criteria for federal-enforceability may be deemed not federally enforceable by U.S. EPA.

  5.4

Public Notification and Review:

After a request for synthetic minor source status is determined to be complete, the Air Pollution Control Officer shall:

  1. Publish a notice of the request in one or more newspapers of general circulation in the area where the source is located;
  2. In the public notice:
    1. State that conditions identified as federally enforceable in the source's permit will establish 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 of the proposed permit prior to final permit action.
  5.5

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 U.S. EPA with the copies of the proposed permit including the conditions which:
    1. Are identified as federally enforceable; and
    2. Limit emissions to below major stationary 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.
  5.6

Final Action:

  1. Until the Air Pollution Control Officer takes final action to issue the Permit to Operate pursuant to this section, a stationary source requesting synthetic minor source status shall not be relieved from the responsibility to comply with the application or other requirements of District RULE 522 - TITLE V - FEDERAL OPERATING PERMIT PROGRAM within the specified timeframes.
  2. Upon fulfilling the requirements of 5.1 through 5.5, 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.
  3. The District shall maintain a public record of all pertinent documents regarding a request for synthetic minor source status, including the request, proposed permit, and all written comments and responses, and the final permit.
  5.7 Renewal of Synthetic Minor Source Status:

Renewal of synthetic minor source status shall be made in accordance with District RULE 521 - ANNUAL RENEWAL. In addition, at permit renewal, any revision of conditions identified as federally enforceable shall be subject to the requirements of 4.1 and 5.1 through 5.6 of this rule.
PART 6.0 MONITORING AND RECORDS:
  6.1 Reporting Requirements:
The owner or operator of a synthetic minor source which exceeds the permit condition identified as federally enforceable and established pursuant to Section 5.3, shall report such exceedances to the Air Pollution Control Officer within 24 hours of the exceedance.
PART 7.0 VIOLATIONS:
  7.1

Non-compliance Provision:

The owner or operator of a synthetic minor source status that is not in compliance with any permit condition identified as federally enforceable or with any requirement set forth in this rule, or that files false information with the District to obtain synthetic minor source status, is in violation of the Federal Clean Air Act and District rules and regulations. A noncomplying synthetic minor source may be subject to any one or combination of the following actions:

  1. Civil or criminal penalties;
  2. Permit termination;
  3. Permit revocation and reissuance;
  4. Permit renewal denial; and
  5. Any other enforcement action or remedy authorized by law