YOLO-SOLANO AIR QUALITY MANAGEMENT DISTRICT

RULE 3.8 -- FEDERAL OPERATING PERMITS

ADDITIONAL PROCEDURES FOR ISSUING PERMITS TO OPERATE FOR SOURCES
SUBJECT TO TITLE V OF THE FEDERAL CLEAN AIR ACT AMENDMENTS OF 1990
(Adopted January 26, 1994; Renumbered February 23, 1994 [from 3.19 to 3.8]; Revised
April 11, 2001)

INDEX

100 GENERAL

101 PURPOSE AND GENERAL REQUIREMENTS
102 APPLICABILITY
110 EXEMPTIONS


200 DEFINITIONS

201 GENERAL
202 ACID RAIN UNIT
203 ADMINISTRATIVE PERMIT AMENDMENT
204 AFFECTED STATE
205 AIR POLLUTION CONTROL OFFICER (APCO)
206 APPLICABLE FEDERAL REQUIREMENT
207 CALIFORNIA AIR RESOURCES BOARD (ARB)
208 CLEAN AIR ACT (CAA)
209 CODE OF FEDERAL REGULATIONS (CFR)
210 COMMENCE OPERATION
211 DIRECT EMISSIONS
212 DISTRICT
213 EFFECTIVE DATE OF RULE 3.8
214 EMERGENCY
215 EMISSIONS UNIT
216 FEDERALLY-ENFORCEABLE CONDITION
217 FUGITIVE EMISSIONS
218 HAZARDOUS AIR POLLUTANT (HAP)
219 HEALTH AND SAFETY CODE (H&SC)
220 INITIAL PERMIT
221 MAJOR SOURCE
222 MINOR PERMIT MODIFICATION
223 PERMIT MODIFICATION
224 POTENTIAL TO EMIT
225 PRECONSTRUCTION PERMIT
226 REGULATED AIR POLLUTANT
227 RESPONSIBLE OFFICIAL
228 SIGNIFICANT PERMIT MODIFICATION
229 SOLID WASTE INCINERATOR
230 STATIONARY SOURCE
231 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA)
232 VOLUNTARY EMISSIONS CAP


300 PERMIT CONTENT REQUIREMENTS

301 INCORPORATION OF APPLICABLE FEDERAL REQUIREMENTS
302 GENERAL REQUIREMENTS


400 ADMINISTRATIVE REQUIREMENTS

401 PERMIT REQUIREMENT AND APPLICATION SHIELD
402 APPLICATION REQUIREMENTS
403 APPLICATION CONTENT AND CORRECTNESS
404 WRITTEN REQUESTS FOR DISTRICT ACTION
405 RESPONSE TO PERMIT REOPENING FOR CAUSE
406 COMPLETENESS REVIEW OF APPLICATIONS
407 NOTIFICATION OF COMPLETENESS DETERMINATION
408 APPLICATION PROCESSING TIME FRAMES
409 NOTIFICATION AND REVIEW OF PROPOSED DECISION
410 CHANGES TO THE PROPOSED DECISION
411 FINAL DECISION
412 DISTRICT ACTION ON WRITTEN REQUESTS
413 PERMIT REOPENING FOR CAUSE
414 OPTIONS FOR OPERATIONAL FLEXIBILITY


500 SUPPLEMENTAL ANNUAL FEE

501 PAYMENT OF SUPPLEMENTAL FEE
502 NO SUPPLEMENTAL FEE
503 DETERMINATION OF SUPPLEMENTAL FEE
504 SUBMITTAL OF INFORMATION

100 GENERAL

101 PURPOSE AND GENERAL REQUIREMENTS: This Rule implements the requirements of Title V of the Federal Clean Air Act as amended in 1990 (CAA) for permits to operate. Title V provides for the establishment of operating permit programs for sources which emit regulated air pollutants, including attainment and non-attainment pollutants. The effective date of this Rule is the date the District Board adopts the rule.

By the effective date of this Rule, the Yolo-Solano Air Quality Management District shall implement an operating permit program pursuant to the requirements of this rule. The requirements of this Rule shall augment and take precedence over conflicting administrative requirements of other provisions of the District's Rules and Regulations. The District shall also continue to implement its existing programs pertaining to the prevention of significant deterioration, Regulation VIII, FEDERAL DESIGNATED SOURCES, and permits required by Regulation III, PERMIT SYSTEM. Nothing in this rule limits the authority of the District to revoke or terminate a permit pursuant to Sections 40808, and 42307-42309 of the California Health and Safety Code (H&SC).

Sources subject to this rule include major sources, acid rain units subject to Title IV of the CAA, solid waste incinerators subject to Sections 111 or 129 of the CAA, and any other sources specifically designated by rule of the U.S. EPA. Sources subject to this rule shall obtain permits to operate pursuant to this rule. Each permit to operate issued pursuant to this rule shall contain conditions and requirements adequate to ensure compliance with and the enforceability of:

101.1 All applicable provisions of Division 26 of the H&SC, commencing with Section 39000;

101.2 All applicable orders, rules, and regulations of the District and the California Air Resources Board (ARB);

101.3 All applicable provisions of the applicable implementation plan required by the CAA;

101.4 Each applicable emission standard or limitation, rule, regulation, or requirement adopted or promulgated to implement the CAA; and

101.5 The requirements of all preconstruction permits issued pursuant to Parts C and D of the CAA.


The operation of an emissions unit to which this rule is applicable without a permit or in violation of any applicable permit condition or requirement shall constitute a violation of this rule.

102 APPLICABILITY: The sources listed below are subject to the requirements of this rule:

102.1 A major source;

102.2 A source with an acid rain unit for which the application for an Acid Rain Permit is required pursuant to Title IV of the CAA;

102.3 A solid waste incinerator subject to a performance standard promulgated pursuant to Sections 111 or 129 of the CAA;

102.4 Any other source in a source category designated by rule of the U.S. EPA; and

102.5 Any source that is subject to a standard or other requirement promulgated pursuant to Sections 111 or 112 of the CAA, published after July 21, 1992, that is designated as subject to the requirements of Title V of the CAA in the standard or requirement.

110 EXEMPTIONS: The sources listed below are not subject to the requirements of this rule:

110.1 Any stationary source that would be required to obtain a permit solely because it is subject to 40 CFR Part 60, Subpart AAA (Standard of Performance for New Residential Wood Heaters);

110.2 Any stationary source that would be required to obtain a permit solely because it is subject to 40 CFR Part 61, Subpart M, Section 145 (National Emission Standards for Asbestos, Standard for Demolition and Renovation); and

110.3 Any other source in a source category deferred pursuant to 40 CFR Part 70.3 by U.S. EPA rulemaking.


200 DEFINITIONS

201 GENERAL: The definitions in this Section apply throughout this rule and are derived from related provisions of the U.S. EPA's Title V Regulations in Part 70 Code of Federal Regulations (CFR), "State Operating Permit Programs".

202 ACID RAIN UNIT: An "acid rain unit" is any fossil fuel-fired combustion device that is an affected unit under 40 CFR Part 72.6 and therefore subject to the requirements of Title IV (Acid Deposition Control) of the CAA.

203 ADMINISTRATIVE PERMIT AMENDMENT: An "administrative permit amendment" is an amendment to a permit to operate that:

203.1 Corrects a typographical error;

203.2 Identifies a minor administrative change at the stationary source; for example, a change in the name, address, or phone number of any person identified in the permit;

203.3 Requires more frequent monitoring or reporting by an owner or operator of the stationary source; or

203.4 Transfers ownership or operational control of a stationary source, provided that, prior to the transfer, the APCO receives a written agreement which specifies a date for the transfer of the permit responsibility, coverage, and liability from the current to the prospective permittee.

203.5 Incorporates into the Title V permit the conditions of a preconstruction review permit that is issued to an existing Title V stationary source through an EPA-approved program and meets the applicable procedural requirements specified in Section 400 of this Rule and the compliance requirements in Section 300 of this Rule.


204 AFFECTED STATE: An "affected state" is any state that:

204.1 Is contiguous with California and whose air quality may be affected by a permit action; or

204.2 Is within 50 miles of the source for which a permit action is being proposed.


205 AIR POLLUTION CONTROL OFFICER (APCO): "Air Pollution Control Officer" refers to the Air Pollution Control Officer of the Yolo-Solano Air Quality Management District, or his or her designee.

206 APPLICABLE FEDERAL REQUIREMENT: An "applicable federal requirement" is any requirement which is enforceable by the U.S. EPA and citizens pursuant to Section 304 of the CAA and is set forth in, or authorized by, the CAA or a U.S. EPA regulation. An "applicable federal requirement" includes any requirement of a regulation in effect at permit issuance and any requirement of a regulation that becomes effective during the term of the permit. Applicable federal requirements include:

206.1 Title I requirements of the CAA, including:

a. New Source Review requirements in the State Implementation Plan approved by the U.S. EPA and the terms and conditions of the preconstruction permit issued pursuant to an approved New Source Review rule;

b. Prevention of Significant Deterioration (PSD) requirements and the terms and conditions of the PSD permit (40 CFR Part 52);

c. Any standard or other requirement under Section 111 of the Clean Air Act, including New Source Performance Standards (40 CFR Part 60);

d. National Ambient Air Quality Standards, increments, and visibility requirements as they apply to portable sources required to obtain a permit pursuant to Section 504(e) of the CAA;

e. Any standard or other requirement under Section 112 of the Clean Air Act, including National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 61) and Maximum Achievable Control Technology (MACT) or Generally Available Control Technology Standards (40 CFR Part 63);

f. Risk Management Plans preparation and registration requirement (Section 112(r) of the CAA);

g. Solid Waste Incineration requirements (Sections 111 or 129 of the CAA);

h. Consumer and Commercial Product requirements (Section 183 of the CAA);

i. Tank Vessel requirements (Section 183 of the CAA);

j. District prohibitory rules that are approved into the State Implementation Plan;

k. Standards or regulations promulgated pursuant to a Federal Implementation Plan; and

l. Enhanced Monitoring and Compliance Certification requirements (Section 114(a)(3) of the CAA).


206.2 Title III, Section 328 (Outer Continental Shelf) requirements of the CAA (40 CFR Part 55);

206.3 Title IV (Acid Deposition Control) requirements of the CAA (40 CFR Parts 72, 73, 75, 76, 77, 78, and regulations implementing Sections 407 and 410 of the CAA);

206.4 Title VI (Stratospheric Ozone Protection) requirements of the CAA (40 CFR Part 82); and

206.5 Monitoring and Analysis requirements (Section 504(b) of the CAA).


207 CALIFORNIA AIR RESOURCES BOARD (ARB): "California Air Resources Board" refers to the Air Resources Board of the State of California.

208 CLEAN AIR ACT (CAA): "Clean Air Act" refers to the Federal Clean Air Act as amended in 1990 (42 U.S.C. Section 7401 et seq.).

209 CODE OF FEDERAL REGULATIONS (CFR): "Code of Federal Regulations" refers to the United States Code of Federal Regulations.

210 COMMENCE OPERATION: "Commence Operation" is the date of initial operation of a source, including any start-up or shakedown period authorized by a temporary permit to operate issued pursuant to Section 42301.1 of the H&SC.

211 DIRECT EMISSIONS: "Direct Emissions" are emissions that may reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

212 DISTRICT: "District" refers to the Yolo-Solano Air Quality Management District.

213 EFFECTIVE DATE OF RULE 3.8:
The "Effective Date of Rule 3.8" is the date the District Board adopts the rule.

214 EMERGENCY: An "emergency" is any situation arising from a sudden and reasonably unforeseeable event beyond the control of a permittee (e.g., an act of God) which causes the exceedance of a technology-based emission limitation under a permit and requires immediate corrective action to restore compliance. An "emergency" shall not include non-compliance as a result of improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.

215 EMISSIONS UNIT: An "emissions unit" is any identifiable article, machine, contrivance, or operation which emits, may emit, or results in the emissions of, any regulated air pollutant or hazardous air pollutant.

216 FEDERALLY-ENFORCEABLE CONDITION: A "federally-enforceable condition" is any condition set forth in the permit to operate that addresses an applicable federal requirement or a voluntary emissions cap.

217 FUGITIVE EMISSIONS: "Fugitive emissions" are emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

218 HAZARDOUS AIR POLLUTANT (HAP): A "hazardous air pollutant" is any air pollutant listed pursuant to Section 112(b) of the CAA.

219 HEALTH AND SAFETY CODE (H&SC): "Health and Safety Code" refers to the California Health and Safety Code.

220 INITIAL PERMIT:
An "initial permit" is the first operating permit for which a source submits an application that addresses the requirements of the federal operating permits program as implemented by this rule.

221 MAJOR SOURCE: A "major source" is a stationary source which has the potential to emit a regulated air pollutant or a HAP in quantities equal to or exceeding the lesser of any of the following thresholds:

221.1 100 tons per year (TPY) of any regulated air pollutant;

221.2 25 TPY of volatile organic compounds or oxides of nitrogen;

221.3 10 TPY of one HAP or 25 TPY of two or more HAPs; or

221.4 Any lesser quantity threshold promulgated by the U.S. EPA.


222 MINOR PERMIT MODIFICATION: A "minor permit modification" is any modification to a federally-enforceable condition on a permit to operate which:

222.1 Is not a significant permit modification; and

222.2 Is not an administrative permit amendment.


223 PERMIT MODIFICATION: A "permit modification" is any addition, deletion, or revision to a permit to operate condition.

224 POTENTIAL TO EMIT: For the purposes of this rule, "potential to emit" as it applies to an emissions unit and a stationary source is defined below:

224.1 Emissions Unit: The "potential to emit" for an emissions unit is the maximum physical and operational design capacity of the unit to emit a regulated air pollutant or a HAP considering the unit's physical and operational design. Any limitation on the physical or operational design capacity, including emission control devices and restriction on hours of operation, or on the type, or amount of material combusted, stored or processed, may be considered as a part of the design only if the limitation is set forth in permit conditions or in rules or regulations that are legally and practicably enforceable by U.S. EPA and citizens or by the District.

224.2 Stationary Source: The "potential to emit" for a stationary source is the sum of the potentials to emit from all emissions units at the stationary source. If two or more HAPs are emitted at a stationary source, the potential to emit for each of those HAPs shall be combined to determine applicability. Fugitive emissions shall be considered in determining the potential to emit for:

a. Sources as specified in 40 CFR Part 70.2, Major Source(2); and

b. Sources of HAP emissions.

Notwithstanding the above, any HAP emissions from any oil or gas exploration or production well (with its associated equipment) and any pipeline compressor or pump station shall not be aggregated with emissions of similar units for the purpose of determining a major source of HAPs, whether or not such units are located in contiguous areas or under common control.


225 PRECONSTRUCTION PERMIT:
A "preconstruction permit" is a permit issued prior to construction which authorizes construction:

225.1 Pursuant to a program for the Prevention of Significant Deterioration of air quality required by Section 165 of the CAA or Regulation VIII, FEDERAL DESIGNATED SOURCES; or

225.2 Pursuant to a New Source Review program required by Sections 172 and 173 of the CAA or Regulation III, PERMIT SYSTEM.


226 REGULATED AIR POLLUTANT: A "regulated air pollutant" is any pollutant: 1) Which is emitted into or otherwise enters the ambient air; and 2) For which the U.S. EPA has adopted an emission limit, standard, or other requirement. Regulated air pollutants include:

226.1 Oxides of nitrogen and volatile organic compounds;

226.2 Any pollutant for which a national Ambient Air Quality Standard has been promulgated pursuant to Section 109 of the CAA;

226.3 Any pollutant subject to a New Source Performance Standard promulgated pursuant to Section 111 of the CAA.

226.4 Any ozone-depleting substance specified as a Class I (chlorofluorocarbons) or Class II (hydrofluorocarbons) substance pursuant to Title VI of the CAA; and

226.5 Any pollutant subject to a standard or requirement promulgated pursuant to Section 112 of the CAA, including:

a. Any pollutant listed pursuant to Section 112(r) of the CAA (Prevention of Accidental Releases) shall be considered as a "regulated air pollutant" upon promulgation of the list;

b. Any HAP subject to a standard or other requirement promulgated by the U.S. EPA pursuant to Section 112(d) or adopted by the District pursuant to Section 112(g) and (j) of the CAA shall be considered a "regulated air pollutant" for all sources or categories of sources:

(i) Upon promulgation of the standard or requirement; or
(ii) 18 months after the standard or requirement was scheduled to be promulgated pursuant to Section 112(e)(3) of the CAA; and

c. 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 CAA. 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 was made.


227 RESPONSIBLE OFFICIAL:
A "responsible official" is an individual with the authority to certify that a source complies with all applicable federal requirements and federally-enforceable conditions of permits issued to sources in accordance with this rule. "Responsible official" means one of the following:

227.1 For a corporation, a president, secretary, treasurer, 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, 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 permit and either:

a. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

b. The delegation of authority to such representative is approved in advance by the APCO;


227.2 For a partnership or sole proprietorship, a general partner or the proprietor, respectively;

227.3 For a municipality, state, federal, or other public agency either a principle executive officer or a ranking elected official; or

227.4 For an acid rain unit subject to Title IV (Acid Deposition Control) of the CAA, the "responsible official' is the designated representative of that unit for any purposes under Title IV and this rule.


228 SIGNIFICANT PERMIT MODIFICATION: A "significant permit modification" is any modification to a federally-enforceable condition on a permit to operate that:

228.1 Involves any modification under Section 112(g) of Title I of the CAA or under U.S. EPA regulations promulgated pursuant to Title I of the CAA, including 40 CFR Parts 51, 52, 60, 61, and 63;

228.2 Significantly changes monitoring conditions;

228.3 Provides for the relaxation of any reporting or recordkeeping conditions;

228.4 Involves a permit term or condition which allows a source to avoid an applicable federal requirement, including:

a. A federally-enforceable voluntary emissions cap assumed in order to avoid triggering a modification requirement of Title I of the CAA; or
b. An alternative HAP emission limit pursuant to Section 112(i)(5) of the CAA;


228.5 Involves a case-by-case determination of any emission standard or other requirement; or

228.6 Involves a source-specific determination for ambient impacts, visibility analysis, or increment analysis on portable sources.


229 SOLID WASTE INCINERATOR: A "solid waste incinerator" is any incinerator that burns solid waste material from commercial, industrial, medical, general public sources (e.g., residences, hotels, or motels), or other categories of solid waste incinerators subject to a performance standard promulgated pursuant to Sections 111 or 129 of the CAA. The following incinerators are excluded from the definition of "solid waste incinerators" for the purpose of this rule:

229.1 Any hazardous waste incinerator required to obtain a permit under the authority of Section 3005 of the Solid Waste Disposal Act (42 U.S.C. Section 66925);

229.2 Any materials recovery facility which primarily recovers metals;

229.3 Any qualifying small power production facility as defined in 16 U.S.C. Section 796(17)(C);

229.4 Any qualifying cogeneration facility which burns homogenous waste for the production of energy as defined in 16 U.S.C. Section 796(18)(B); or

229.5 Any air curtain incinerator which burns only wood, yard, or clean lumber waste and complies with the opacity limitations to be established by the Administrator of the U.S. EPA.


230 STATIONARY SOURCE: For the purposes of this rule, a "stationary source" is any building, structure, facility, or installation (or any such grouping) that:

230.1 Emits, may emit, or results in the emission of any regulated air pollutant or HAP;

230.2 Is located on one or more contiguous or adjacent properties;

230.3 Is under the ownership, operation, or control of the same person (or persons under common control) or entity; and

230.4 Belongs to a single major industrial grouping; for example, each building, structure, facility, or installation in the grouping has the same two-digit code under the system described in the 1987 Standard Industrial Classification Manual.


231 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA): "United States Environmental Protection Agency" refers to the Administrator or appropriate delegatee of the "United States Environmental Protection Agency".

232 VOLUNTARY EMISSIONS CAP: A "voluntary emissions cap" is an optional, federally-enforceable emissions limit on one or more emissions unit(s) that a source assumes in order to avoid an applicable federal requirement. The source remains subject to all other applicable federal requirements.


300 PERMIT CONTENT REQUIREMENTS

301 INCORPORATION OF APPLICABLE FEDERAL REQUIREMENTS: A permit to operate shall incorporate all applicable federal requirements as permit conditions. The following procedure shall be used to incorporate an applicable federal requirement as a permit condition:

301.1 A permit condition that addresses an applicable federal requirement shall be specifically identified in the permit, or otherwise distinguished from any requirement that is not enforceable by the U.S. EPA;

301.2 Where an applicable federal requirement and a similar requirement that is not federally enforceable apply to the same emissions unit, both shall be incorporated as permit conditions, provided that they are not mutually exclusive; and

301.3 Where an applicable federal requirement and a similar requirement that is not federally enforceable apply to the same emissions unit and are mutually exclusive (e.g., require different air pollution control technology), the requirement specified in the preconstruction permit (or, in the case of sources without preconstruction permits, the more stringent requirement) shall be incorporated as a permit condition and the other requirement shall be referenced.


302 GENERAL REQUIREMENTS: All permits to operate shall contain the conditions or terms consistent with 40 CFR Part 70.6, Permit Content, including:

302.1 Emission and Operating Limitations: The permit shall contain conditions that require compliance with all applicable federal requirements, including any operational limitations or requirements.

302.2 Preconstruction Permit Requirements: The permit shall include all of the preconstruction permit conditions for each emissions unit.

302.3 Origin and Authority for Permit Conditions: The origin and authority for each permit term or condition shall be referenced in the permit and any difference in form as compared to the applicable requirement upon which the term or condition is based.

302.4 Equipment Identification: The permit shall identify the equipment to which a permit condition applies.

302.5 Monitoring, Testing, and Analysis: The permit shall contain conditions that require monitoring, analytical methods, compliance certification, test methods, equipment management, and statistical procedures consistent with any applicable federal requirement, including those pursuant to Sections 114(a)(3) and 505(b) of the CAA, and 40 CFR Part 64 and, as necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods. Periodic monitoring shall be required as a condition to ensure that the monitoring is sufficient to yield reliable data that are representative of the source's compliance with permit conditions over the relevant time period.

302.6 Recordkeeping: The permit shall include recordkeeping conditions that require:

a. Record maintenance of all monitoring and support information required by any applicable federal requirement, including:

(i) Date, place, and time of sampling;
(ii) Operating conditions at the time of sampling;
(iii) Date, place, and method of analysis; and
(iv) Results of the analysis;

b. Retention of records of all required monitoring data and support information for a period of at least five years from the date of sample collection, measurement, report, or application; and

c. Any other recordkeeping deemed necessary by the APCO to ensure compliance with all applicable federal requirements.


302.7 Reporting: The permit shall include reporting conditions that require the following:

a. Any deviation from permit requirements, including that attributable to upset conditions (as defined in the permit), shall be promptly reported to the APCO who will determine what constitutes "prompt" reporting in terms of the requirement, degree, and type of deviation likely to occur;

b. A monitoring report shall be submitted at least every six months and shall identify any deviation from permit requirements, including that previously reported to the APCO pursuant to Section 302.7. a of this Rule;

c. All reports of deviation from permit requirements shall include the probable cause of the deviation and any preventive or corrective action taken;

d. A progress report shall be made on a compliance schedule at least semi-annually and shall include:

(i) The date when compliance will be achieved;
(ii) An explanation of why compliance was not, or will not be achieved by the scheduled date; and
(iii) A log of any preventive or corrective action taken; and

e. Each monitoring report shall be accompanied by a written statement from the responsible official that certifies the truth, accuracy, and completeness of the report.


302.8 Compliance Plan: The permit shall include a compliance plan that:

a. Describes the compliance status of an emissions unit with respect to each applicable federal requirement;

b. Describes how compliance will be achieved if an emissions unit is not in compliance with an applicable federal requirement at the time of permit issuance;

c. Assures that an emissions unit will continue to comply with those permit conditions with which it is in compliance; and

d. Assures that an emissions unit will comply with, on a timely basis, any applicable federal requirement that will become effective during the permit term.


302.9 Compliance Schedule: The permit shall include a compliance schedule for any emissions unit which is not in compliance with current applicable federal requirements. The compliance schedule shall require:

a. A statement that the emissions unit will continue to comply with those permit conditions with which it is in compliance;

b. A statement that the emissions unit will comply with, on a timely basis, any applicable federal requirement that will become effective during the permit term;

c. For each condition with which the emissions unit is not in compliance with an applicable federal requirement, a schedule of compliance which lists all preventive or corrective activities, and the dates when these activities will be accomplished;

d. For each emissions unit that is not in compliance with an applicable federal requirement, a schedule of progress on at least a semi-annual basis which includes:

(i) The date when compliance will be achieved;
(ii) An explanation of why compliance was not, or will not be achieved by the scheduled date; and
(iii) A log of any preventive or corrective actions taken.

e. A schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in non-compliance at the time of permit issuance. This compliance schedule shall resemble and at least be as stringent as that contained in any judicial consent decree or administrative order to which the source is subject.


302.10 Right of Entry: The permit shall require that the source allow the entry of the District, ARB, or U.S. EPA officials for the purpose of inspection and sampling, including:

a. Inspection of the stationary source, including equipment, work practices, operations, and emissions-related activity;

b. Inspection and duplication of records required by the permit to operate; and

c. Source sampling or other monitoring activities.


302.11 Compliance with Permit Conditions: The permit shall include the following provisions regarding compliance:

a. The permittee shall comply with all permit conditions;

b. The permit does not convey property rights or exclusive privilege of any sort;

c. Non-compliance with any permit condition is grounds for permit termination, revocation and reissuance, modification, enforcement action, or denial of permit renewal;

d. The permittee shall not use the "need to halt or reduce a permitted activity in order to maintain compliance" as a defense for non-compliance with any permit condition;
e. A pending permit action or notification of anticipated non-compliance does not stay any permit condition; and

f. Within a reasonable time period, the permittee shall furnish any information requested by the APCO, in writing, for the purpose of determining:

(i) Compliance with the permit; or
(ii) Whether or not cause exists for a permit or enforcement action.


302.12 Emergency Provisions: The permit shall include the following emergency provisions:

a. The permittee shall comply with the requirements of Section 405, Rule 3.1, GENERAL PERMIT REQUIREMENTS, and the emergency provisions contained in all applicable federal requirements;

b. Within two weeks of an emergency event, the owner or operator shall submit to the District a properly signed contemporaneous log or other relevant evidence demonstrating that:

(i) An emergency occurred;
(ii) The permittee can identify the cause(s) of the emergency;
(iii) The facility was being properly operated at the time of the emergency;
(iv)) All steps were taken to minimize the emissions resulting from the emergency; and
(iv) Within two working days of the emergency event, the permittee provided the District with a description of the emergency and any mitigating or corrective actions taken; and

c. In any enforcement proceeding, the permittee has the burden of proof for establishing that an emergency occurred.


302.13 Severability: The permit shall include a severability clause to ensure the continued validity of otherwise unaffected permit requirements in the event of a challenge to any portion of the permit.

302.14 Compliance Certification: The permit shall contain conditions for compliance certification that include the following requirements:

a. The responsible official shall submit a compliance certification to the U.S. EPA and the APCO every 12 months unless required more frequently by an applicable requirement or by the District. All compliance reports and other documents required to be submitted to the District by the responsible official shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete;

b. The compliance certification shall identify the basis for each permit term or condition (e.g., specify the emissions limitation, standard, or work practice) and a means of monitoring compliance with the term or condition consistent with Sections 302.5, 302.6, and 302.7 of this rule;

c. The compliance certification shall include the compliance status whether compliance was continuous or intermittent, and method(s) used to determine compliance for the current time period and over the entire reporting period; and

d. The compliance certification shall include any additional inspection, monitoring, or entry requirement that may be promulgated pursuant to Sections 114(a) and 504(b) of the CAA.


302.15 Permit Life: With the exception of solid waste incinerators subject to Section 129(e) of the CAA, each permit to operate for any source, including acid rain units subject to Title IV of the CAA, shall include a condition for a fixed term not to exceed five years from the time of issuance. A permit to operate for a solid waste incinerator shall have a permit term of 12 years; however, the permit shall be reviewed at least every five years.

302.16 Payment of Fees: The permit shall include a condition to ensure that appropriate permit fees are paid on schedule. If fees are not paid on schedule, the permit is forfeited. Operation without a permit subjects the source to potential enforcement action by the District and the U.S. EPA pursuant to Section 502(a) of the CAA.

302.17 Alternate Operating Scenarios: Where an owner or operator requests that an alternative operating scenario be included in the permit for an emissions unit, the permit shall contain specific conditions for each operating scenario. Each operating scenario, including each alternative operating scenario, identified in the permit must meet all applicable federal requirements and all of the requirements of this Section. Furthermore, the source is required to maintain a contemporaneous log to record each change from one operating scenario to another.

302.18 Voluntary Emissions Cap: To the extent applicable federal requirements provide for averaging emissions increases and decreases within a stationary source without case-by-case approval, a responsible official may request, subject to approval by the APCO, to permit one or more emissions unit(s) under a voluntary emissions cap. The permit for each emissions unit shall include federally-enforceable conditions requiring that:

a. All applicable federal requirements, including those authorizing emissions averaging, are complied with;

b. No individual emissions unit shall exceed any emissions limitation, standard, or other requirement;

c. Any emissions limitation, standard, or other requirement shall be enforced through continuous emission monitoring, where applicable; and

d. All affected emissions units under a voluntary emissions cap shall be considered to be operating in violation of the permit, if the voluntary emissions cap is exceeded.


302.19 Acid Rain Units - Subject to Title IV: The permit for an acid rain unit shall include conditions that require compliance with any federal standard or requirement promulgated pursuant to Title IV (Acid Deposition Control) of the CAA and any federal standard or requirement promulgated pursuant to Title V of the CAA, except as modified by Title IV. Acid rain unit permit conditions shall include the requirements of 40 CFR Part 72.9 and the following provisions:

a. The sulfur dioxide emissions from an acid rain unit shall not exceed the annual emissions allowances (up to one ton per year of sulfur dioxide may be emitted for each emission allowance allotted) that the source lawfully holds for that unit under Title IV of the CAA or the regulations promulgated pursuant to Title IV;

b. Any increase in an acid rain unit's sulfur dioxide emissions authorized by allowances acquired pursuant to Title IV of the CAA shall not require a revision of the acid rain portion of the operating permit provided such increases do not require permit revision under any other applicable federal requirement;

c. Although there is no limit on the number of sulfur dioxide emissions allowances held by a source, a source with an acid rain unit shall not use these emissions allowances as a defense for non-compliance with any applicable federal requirement or District requirement, including District Regulation III, PERMIT SYSTEM; and

d. An acid rain unit's sulfur dioxide allowances shall be accounted for according to the procedures established in regulations promulgated pursuant to Title IV of the CAA.


302.20 Portable Sources: The permit for any portable source, that may operate at two or more locations, shall contain conditions that require the portable source to:

a. Meet all applicable District, state, and federal requirements at each location;

b. Specify the monitoring methods, or other methods (e.g. air quality modeling) approved by the APCO, that will be used to demonstrate compliance with all District, state, and federal requirements; and

c. Notify the APCO ten working days prior to a change in location.


302.21 Sources Required to Prepare Risk Management Plans: A permit for a source of HAP emissions that is required to prepare a risk management plan pursuant to Section 112(r) of the CAA and 40 CFR Part 68, shall contain a condition that requires filing of the plan with the authorized local fire or health department.

302.22 Permit Revision Exemption: Every permit shall contain a provision stating that no permit revision shall be required under any approved economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes that are provided for in the permit.


400 ADMINISTRATIVE REQUIREMENTS

401 PERMIT REQUIREMENT AND APPLICATION SHIELD: A source shall operate in compliance with permits to operate issued pursuant to this rule. This rule does not alter any applicable requirement that a source obtain preconstruction permits.

If a responsible official submits, pursuant to this rule, a timely and complete application for a permit, a source shall not be in violation of the requirement to have a permit to operate until the APCO takes final action on the application. The application shield here will cease to insulate a source from enforcement action if an owner or operator of the source fails to submit any additional information requested by the APCO pursuant to Section 403.2.c.

If an owner or operator submits a timely and complete application for an initial permit, the source shall operate in accordance with the requirements of any valid permit to operate issued pursuant to Section 42301 of the H&SC until the APCO takes final action on the application. If a responsible official submits a timely and complete application for renewal of a permit to operate, the source shall operate in accordance with the permit to operate issued pursuant to this rule, notwithstanding expiration of this permit, until the APCO takes final action on the application.

The application shield does not apply to sources applying for permit modifications. For permit modifications, a source shall operate in accordance with the applicable federal requirements, the permit to operate issued pursuant to this rule, and any temporary permit to operate issued pursuant to Section 42301.1 of the H&SC.

402 APPLICATION REQUIREMENTS:

402.1 Initial Permit:

a. For a source that is subject to this rule on June 2, 1995, a responsible official shall submit a standard District application.

(i) For existing sources with Standard Industrial Classification (SIC) of 2033, 2077, 4911, and 5171, as determined by the Air Pollution Control Officer, prior to September 4, 1995;
(ii) For existing sources with Standard Industrial Classification (SIC) of 0723, 1442, and 2044, as determined by the Air Pollution Control Officer, prior to February 2, 1996; and
(iii) For all other existing sources, prior to June 2, 1996.


b. For a source that becomes subject to this rule after June 2, 1995 a responsible official shall submit a complete standard District application within 12 months of the source commencing operation or of otherwise become subject to Rule 3.8.

c. For a source with an acid rain unit, a responsible official shall submit a standard District application and acid rain permit applications to the District. The applications shall be submitted within the following timeframe:

(i) If the source is subject to this rule because of subsection 102.1, above, within the applicable timeframe specified in subsection 402.1.a. or 402.1.b., above; or
(ii) If the source is subject to this rule only because of subsection 102.2, above, by January 1, 1996, or, if applicable, a latter date established by 40 CFR Part 72.


402.2 Permit Renewal: For renewal of a permit, an owner or operator shall submit a standard District application no earlier than 18 months and no later than 6 months before the expiration date of the current permit to operate. Permits to operate for all emissions units at a stationary source shall undergo simultaneous renewal.

402.3 Significant Permit Modification: After obtaining any required preconstruction permits, an owner or operator shall submit a standard District application for each emissions unit affected by a proposed permit revision that qualifies as a significant permit modification. Upon request by the APCO, the owner or operator shall submit copies of the latest preconstruction permit for each affected emissions unit. The emissions unit(s) shall not commence operation until the APCO approves the permit revision.

402.4 Minor Permit Modification: After obtaining any required preconstruction permits, an owner or operator shall submit a standard District application for each emissions unit affected by the proposed permit revision that qualifies as a minor permit modification. The emissions unit(s) shall not commence operation until the APCO approves the permit revision. In the application, the owner or operator shall include the following:

a. A description of the proposed permit revision, any change in emissions, and additional applicable federal requirements that will apply;

b. Proposed permit terms and conditions; and

c. A certification by a responsible official that the permit revision meets criteria for use of minor permit modification procedures and a request that such procedures be used.


402.5 Acid Rain Unit Permit Modification: A permit modification of the acid rain portion of the operating permit shall be governed by regulations promulgated pursuant to Title IV of the CAA.


403 APPLICATION CONTENT AND CORRECTNESS:

403.1 Application Content: When submitting an application, the owner or operator shall include the following information:

a. Information identifying the source;

b. A description of processes and products (by Standard Industrial Classification Code) including any associated with proposed alternative operating scenarios;

c. Identification of fees specified in Rule 4.1, PERMIT FEES - STATIONARY SOURCE;

d. A listing of all existing emissions units at the stationary source and an identification and description of all points of emissions from the emissions units in sufficient detail to establish the applicable federal requirements and the basis for fees pursuant to Section 500 of this Rule;

e. Citation and description of all applicable federal requirements, information, and calculations used to determine the applicability of such requirements and other information that may be necessary to implement and enforce such requirements;

f. Calculation of all emissions, including fugitive emissions, in tons per year (TPY) and in such terms as are necessary to establish compliance with all the District, state, or federal requirements for the following:

(i) All regulated air pollutants emitted from the source;
(ii) Any HAP that the source has the potential to emit in quantities equal to or in excess of 10 TPY; and
(iii) If the source has the potential to emit two or more HAPs in quantities equal to or in excess of 25 TPY, all HAPs emitted by the source;

g. As these affect emissions from the source, the identification of fuels, fuel use, raw materials, production rates, operating schedules, limitations on source operation, or workplace practices;

h. An identification and description of air pollution control equipment and compliance monitoring devices or activities;

i. Other information required by an applicable federal requirement;

j. The information needed to define permit terms or conditions implementing a source's options for operational flexibility, including alternative operating scenarios, pursuant to Section 414;

k. A compliance plan and compliance schedule with the following:

(i) A description of the compliance status of each emissions unit within the stationary source with respect to applicable federal requirements;
(ii) A statement that the source will continue to comply with such applicable federal requirements that the source is in compliance;
(iii) A statement that the source will comply, on a timely basis, with applicable federal requirements that will become effective during the permit term; and
(iv) A description of how the source will achieve compliance with requirements for which the source is not in compliance;

l. For a source not in compliance with an applicable federal requirement at the time of permit issuance renewal, or modification (if the non-compliance is with units being modified), a schedule of compliance which resembles and is at least as stringent as that contained in any judicial consent decree, administrative order, or schedule approved by the District Hearing Board if required by state law which identifies remedial measures with specific increments of progress, a final compliance date, testing and monitoring methods, recordkeeping requirements, and a schedule for submission of certified progress reports to the U.S. EPA and the APCO at least every 6 months. Any such schedule of compliance in a permit shall be supplemental to, and shall not sanction non-compliance with, the applicable requirement on which it is based;

m. A certification by a responsible official of the truth, accuracy and completeness of application forms, report, or compliance certification submitted pursuant to this rule. The certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the application are true, accurate, and complete. The application shall also contain a schedule for submitting progress reports at least every 6 months, statements on compliance status with any applicable enhanced monitoring, and compliance plans at least annually;

n. For a source with an acid rain unit, an application shall include the elements required by 40 CFR Part 72;

o. For a source of HAPs required to prepare a risk management plan pursuant to Section 112(r) of the CAA, the application shall include verification that such a plan has been submitted to the authorized implementing agency or a compliance schedule for the submittal of such a plan; and

p. For proposed portable sources, an application shall identify all locations of potential operation and how the source will comply with all applicable District, state, and federal requirements at each location.

q. Activities identified as insignificant in Attachment 1 of Rule 3.8 based upon size and production rate shall be listed in the permit application. An application may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required in Section 500 of this rule. [Reference 40 CFR Part 70.5(c)]


403.2 Correctness Of Applications: An owner or operator of a source shall submit an accurate and complete application in accordance with the requirements of the District.

a. Upon written request of the APCO, an owner or operator shall supplement any complete application with additional information within the timeframe specified by the APCO.

b. An owner or operator shall promptly provide additional information in writing to the APCO upon discovery of submittal of any inaccurate information as a part of the application or as a supplement thereto, or of any additional relevant facts previously omitted which are needed for accurate analysis of the application.

c. Intentional or negligent submittal of inaccurate information shall be reason for denial of an application.


404 WRITTEN REQUESTS FOR DISTRICT ACTION: An owner or operator shall submit a written request to the APCO for the following permit actions:

404.1 Administrative Permit Amendment: For an administrative permit amendment, a responsible official may implement the change addressed in the written request immediately upon submittal of the request.

404.2 Permit Modification For A Condition That Is Not Federally Enforceable: For a permit modification for a condition that is not federally enforceable, an owner or operator shall submit a written request in accordance with the requirements of Regulation III, PERMIT SYSTEM.

404.3 Permits To Operate For New Emissions Units: For permits to operate for a new emissions unit at a stationary source, an owner or operator shall submit a written request in accordance with the requirements of Regulation III, PERMIT SYSTEM, except under the following circumstances:

a. The construction or operation of the emissions unit is a modification under U.S. EPA regulations promulgated pursuant to Title I of the CAA, including 40 CFR Parts 51, 52, 60, 61, and 63;

b. The construction or operation of the emissions unit is addressed or prohibited by permits for other emissions units at the stationary source;

c. The emissions unit is an acid rain unit subject to Title IV of the CAA;

d. The emission unit is a major source for the purpose of this Rule; or

e. Violates any applicable requirements.


In the circumstances specified in this Section, a responsible official shall apply for a permit to operate for the new emissions unit pursuant to the requirements of this rule.

Sources must provide contemporaneous written notice to the District and the EPA of each such change, except for changes that qualify as insignificant emissions units. Such written notice shall describe each such change, including the date, any change in emissions or pollutants emitted, and any new applicable requirements. The source shall keep a record describing the changes made at the source that result in emissions of a regulated air pollutant subject to an applicable requirement and the emission.


405 RESPONSE TO PERMIT REOPENING FOR CAUSE: Upon notification by the APCO of a reopening of a permit for cause for an applicable federal requirement pursuant to Section 413, a responsible official shall respond to any written request for information by the APCO within a timeframe specified by the APCO.

406 COMPLETENESS REVIEW OF APPLICATIONS: The APCO shall determine if an application is complete and shall notify the owner or operator of the determination within the following timeframes:

406.1 For an initial permit, permit renewal, or a significant permit modification, within 60 days of receiving the application; and

406.2 For a minor permit modification, within 30 days of receiving the application.

The application shall be deemed complete unless the APCO requests additional information or otherwise notifies the owner or operator that the application is incomplete within the timeframes specified above.


407 NOTIFICATION OF COMPLETENESS DETERMINATION: 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 notifications 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.

408 APPLICATION PROCESSING TIME FRAMES: The APCO shall act on a complete application in accordance with the procedures in Sections 409, 410, and 411 (except as application procedures for acid rain units are provided for under regulations promulgated pursuant to Title IV of the CAA), and take final action within the following time frames:

408.1 For an initial permit for a source subject to this rule on the date that the rule becomes effective, no later than three years after the date the rule becomes effective;

408.2 For an initial permit for a source that becomes subject to this rule after the date the rule becomes effective, no later than 18 months after the complete application is received;

408.3 For a permit renewal, no later than 18 months after the complete application is received;

408.4 For a significant permit modification, no later than 18 months after the complete application is received;

408.5 For a minor permit modification, within 90 days after the application is received or 60 days after written notice to the U.S. EPA on the proposed decision, whichever is later; or

408.6 For any permit application with early reductions pursuant to Section 112(i)(5) of the CAA, within 9 months after the complete application is received.


409 NOTIFICATION AND REVIEW OF PROPOSED DECISION: Within the applicable timeframe specified in Section 408 of this rule, the APCO shall provide notice of and opportunity to review the proposed decision to issue a permit to operate in accordance with the requirements in this Section:

409.1 For initial permits, renewal of permits, significant permit modifications, and reopenings for cause, the APCO shall provide the following:

a. Written notice, the proposed permit, and, upon request, copies of the District analysis to interested persons or agencies. The District analysis shall include a statement that sets forth the legal and factual basis for the proposed permit conditions, including references to the applicable statutory and regulatory provisions. Interested persons or agencies shall include persons who have requested in writing to be notified of proposed decisions under this rule, any affected state, and the ARB.

b. On or after providing written notice pursuant to Section 409.1.a, a public notice shall be published in at least one newspaper of general circulation in the District and, if necessary, by other means to assure adequate notice to the affected public. The notice shall provide the following information:

(i) The identification of the source, the name and address of the permit holder, the activity(ies) and emissions change involved in the permit action;
(ii) The name and address of the District, and the name and telephone number of District staff to contact for additional information;
(iii) The availability, upon request, of a statement that sets forth the legal and factual basis for the proposed permit conditions;
(iv) The location where the public may inspect the complete application, the District analysis, and the proposed permit;
(v) A statement that the public may submit written comments regarding the proposed decision within at least 30 days from the date of publication and a brief description of commenting procedures; and
(vi) A statement that members of the public may request the APCO to preside over a public hearing for the purpose of receiving oral public comment, if a hearing has not already been scheduled. The APCO shall provide notice of any public hearing scheduled to address the proposed decision at least 30 days prior to such a hearing.

c. A copy of the complete application, the District analysis, and the proposed permit at the District offices for public review and comment during normal business hours;

d. A written response to persons or agencies that submitted written comments which are postmarked by the close of the public notice and comment period. All written comments and responses to such comments shall be kept on file at the District office and made available upon request; and

e. After completion of the public notice and comment period pursuant to Section 409.1.b., written notice to the U.S. EPA of the proposed decision along with copies of the proposed permit, the District analysis, the public notice submitted for publication, the District's response to written comments, and all necessary supporting information.

409.2 For minor permit modifications, the APCO shall provide written notice of the proposed decision to the U.S. EPA, the ARB, and any affected state within five working days. Additionally, the District shall provide to the U.S. EPA (and, upon request, to the ARB or any affected state) copies of the proposed permit, the District analysis, and all necessary supporting information. The District analysis shall include a statement that sets forth the legal and factual basis for the proposed permit conditions, including references to the applicable statutory and regulatory provisions.


410 CHANGES TO THE PROPOSED DECISION: Changes to the proposed decision shall be governed by the following procedure:

410.1 The APCO may modify or change the proposed decision, the proposed permit, or the District analysis on the basis of information set forth in the comments received during the public comment period provided pursuant to Section 409.1.b. or due to further analysis of the APCO. Pursuant to Section 409.1.e., the APCO shall forward any such modified proposed decision, the proposed permit, the District analysis, and all necessary supporting information to the U.S. EPA.

410.2 If the U.S. EPA objects in writing to the proposed decision within 45 days of being notified of the decision and receiving a copy of the proposed permit and all necessary supporting information pursuant to Section 409.1.e., the APCO shall not issue the permit. Also, if the public petitions the U.S. EPA within 60 days after the end of the U.S. EPA's 45-day review period and the permit has not yet been issued, the APCO shall not issue the permit until U.S. EPA objections in response to the petition are resolved. The APCO shall either deny the application or revise and resubmit a permit which addresses the deficiencies identified in the U.S. EPA objection within the following timeframes:

a. For initial permits, permit renewals, and significant permit modifications, within 90 days of receiving the U.S. EPA objection; or

b. For minor permit modifications, within 90 days of receipt of the application or 60 days of the notice to the U.S. EPA, whichever is later.


411 FINAL DECISION: If the U.S. EPA does not object in writing within 45 days of the notice provided pursuant to Section 409.1.e or the APCO submits a revised permit pursuant to Section 410.2, the APCO shall, expeditiously, deny the application or issue the final permit to operate. In any case, the APCO shall take final action within the applicable timeframe specified in Section 408. Failure of the APCO to act on a permit application or a permit renewal application in accordance with the timeframes provided in Section 408, shall be considered final action for the purposes of obtaining judicial review to require that action on the application be taken expeditiously.

Written notification of the final decision shall be sent to the 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. Written notification of any refusal by the District to accept all recommendations for the proposed permit that an affected state submitted during the public comment period shall be sent to U.S. EPA and affected states. The APCO shall submit a copy of the 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 the owner or operator along with the District analysis and cite the specific statute, rule, or regulation upon which the denial is based.

412 DISTRICT ACTION ON WRITTEN REQUESTS: The APCO shall act on a written request of a responsible official for permit action using the applicable procedure specified in this Section.

412.1 Administrative Permit Amendment: The APCO shall take final action no later than 60 days after receiving the written request for an administrative permit amendment.

a. 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.

b. The APCO shall provide a copy of the revised permit to the owner or operator and the U.S. EPA.

c. While the APCO need not make a completeness determination on a written request, the APCO shall notify the owner or operator if the APCO determines that the permit cannot be revised as an administrative permit amendment.


412.2 Permit Modification For A Condition That Is Not Federally Enforceable: 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 III, PERMIT SYSTEM, under the following circumstances:

a. Any changes 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

b. 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 requirement that would apply as a result of the change.


412.3 Permits To Operate For New Emissions Units: 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 III, PERMIT SYSTEM, under the circumstances specified in Sections 412.2.a. and 412.2.b. However, if Sections 404.3.a., 404.3.b., 404.3.c., or 404.3.d. apply, the APCO shall require the submittal of a standard District application and take action on that application pursuant to the requirements of this rule.


413 PERMIT REOPENING FOR CAUSE: 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.

413.1 Circumstances that are cause for reopening and revision of a permit include, but are not limited to, the following:

a. The need to correct a material mistake or inaccurate statement;

b. The need to revise or revoke a permit to operate to assure compliance with applicable federal requirements;

c. The need to incorporate any new, revised, or additional applicable federal requirements, if the remaining authorized life of the permit is 3 years or greater, no later than 18 months after the promulgation of such requirement (where less than 3 years remain in the authorized life of the permit, the APCO shall incorporate the requirements into the permit to operate upon renewal); or

d. The need to reopen a permit issued to an acid rain unit subject to Phase II of Title IV of the CAA to include:

(i) Oxides of nitrogen requirements prior to January 1, 1999; and
(ii) Additional requirements promulgated pursuant to Title IV as they become applicable to any acid rain unit governed by the permit.


413.2 In processing a permit reopening, the APCO shall use the same procedures as for an initial permit and shall additionally:

a. Provide written notice to an owner or operator and the U.S. EPA at least 30 days, or a shorter period in the case of an emergency, prior to reopening a permit; and

b. Complete action to revise the permit as specified in the notice of reopening within 60 days after notice to the U.S. EPA pursuant to Section 409.1.e of this Rule, if the U.S. EPA does not object, or after the APCO has responded to the U.S. EPA objection pursuant to Section 410.2 of this Rule.


414 OPTIONS FOR OPERATIONAL FLEXIBILITY: 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 or Regulation III, PERMIT SYSTEM, 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 the use of the following options:

414.1 Alternative Operating Scenarios: The APCO shall allow the use of alternative operating scenarios provided that:

a. Terms and conditions applicable to each operating scenario are identified by the owner or operator in the permit application;

b. The terms and conditions are approved by the APCO;

c. The terms and conditions are incorporated into the permit; and

d. 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.

414.2 Voluntary Emissions Caps: 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 emission cap established in the permit independent of otherwise applicable federal requirements provided that:

a. The requirements of Sections 414.1.a., 414.1.c., and 414.1.d. are met;

b. The terms and conditions are approved by the APCO as quantifiable and enforceable; and

c. The terms and conditions are consistent with the applicable preconstruction permit.


A permit condition shall require that an owner or operator provide written notice to the U.S. EPA and the APCO 30 days in advance of a change by clearly requesting operational flexibility under Section 414. The written notice shall describe the change and identify the emissions unit which may 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 new emissions of any air pollutant not emitted before the change, whether regulated or not.

414.3 Contravening An Express Permit Condition: 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:

a. The change will not violate any applicable federal requirement;

b. The change will not contravene federally-enforceable conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements;

c. The change is not a modification under Title I of the CAA or any provision of Regulation III, PERMIT SYSTEM;

d. 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;

e. 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 Section, describes the change, and 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 new emissions of any air pollutant not emitted before the change, whether regulated or not; and

f. 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 Sections 414.3.a., 414.3.b., 414.3.c., 414.3.d. and 414.3.e., above, have not been satisfied.


500 SUPPLEMENTAL ANNUAL FEE

The fees collected pursuant to this Section shall supplement the fee requirements in RULE 4.1, PERMIT FEES - STATIONARY SOURCE, if applicable.

501 PAYMENT OF SUPPLEMENTAL FEE: A responsible official, or his or her delegee, shall pay an annual supplemental fee for a permit to operate pursuant to this rule as determined by the calculation method in subsection 503 below to meet an overall fee rate of $25 per ton of emissions (CPI adjusted), unless subsection 502 below applies.

501.1 "Fee-based emissions" means the actual rate of emissions in tons per year of any fee pollutant, including fugitive emissions, emitted from the stationary source over the preceding year or any other period determined by the APCO to be representative of normal operation. Fee-based emissions shall be calculated using each emission unit's actual operating hours, production rates, and in-place control equipment, types of material processed, stored, or combusted during the preceding calendar year, or other time period established by the APCO.

501.2 "Fee pollutant" means oxides of nitrogen, volatile organic compounds, any pollutant for which a national ambient air quality standard has been promulgated by the U.S. EPA (excluding carbon monoxide), and any other pollutant that is subject to a standard or regulation promulgated by the U.S. EPA under the CAA or adopted by the District pursuant to section 112(g) and (j) of the CAA. Any air pollutant that is regulated solely because of a standard or regulation under section 112(r) of the CAA for accidental release or under Title VI of the CAA for stratospheric ozone protection shall not be included.

501.3 "(CPI adjusted)" means adjusted by the percentage, if any, by which the Consumer Price Index of the year exceeds the Consumer Price Index for calendar year 1989. The value for (CPI adjusted) shall be obtained from the U.S. EPA.


502 NO SUPPLEMENTAL FEE: There shall not be a supplemental annual fee if the total annual fee rate paid by the source under Rule 4.1 PERMIT FEES - STATIONARY SOURCE and H&SC section 44380 (AB 2588 Toxic Hot Spots) equals or exceeds $25 per ton of emissions (CPI adjusted). Only those AB 2588 Toxic Hot Spots fees that fund direct and indirect costs associated with activities related to the operating permits program as specified in section 502(b)(3)(A) of the CAA are to be used to meet the overall fee rate of $25 per ton of emissions (CPI adjusted).

503 DETERMINATION OF SUPPLEMENTAL FEE: The supplemental annual fee shall be determined by completing the following steps:

503.1 Step 1: Calculation of Supplemental Annual Fee

s = [ $25 per ton (CPI adjusted) x e ] - f

where:

s = Supplemental annual fee in dollars
e = Emissions in tons per year
f = Sum (in dollars) of annual fee under Rule 4.1 PERMIT FEES - STATIONARY SOURCE and that portion of AB 2588 Toxic Hot Spots fees that funds direct and indirect costs associated with activities related to the operating permits program as specified in Section 502(b)(3)(A) of the CAA


503.2 Step 2: When the Supplemental Annual Fee is Zero

If "f" is equal to or greater than "[ $25 per ton (CPI adjusted) x e ]", then "s" shall be zero and subsection 502, above, applies.

If "f" is less than "[ $25 per ton (CPI adjusted) x e ]", then "s" shall be as calculated in Step 1.


504 SUBMITTAL OF INFORMATION: The owner or operator, or his or her delegee shall provide the APCO sufficient information to determine the supplemental fee.



Attachment 1 - District Rule 3.8

List of Title V Insignificant Activities

Table of Contents


A. General Criteria for Insignificant Activities

B. Criteria for Specific Source Categories

Fugitive Emission Sources Associated With
Insignificant Activities

Combustion and Heat Transfer Equipment

Cooling Towers

Printing and Reproduction Equipment

Food Processing Equipment

Plastic and/or Rubber Processing

Storage Containers, Reservoirs, and Tanks -
Fuel, Fuel Oil, Asphalt

Storage Containers, Reservoirs, and Tanks -
General Organic and VOC-containing Material

Storage Containers, Reservoirs, and Tanks -
Inorganic Materials

Storage Containers, Reservoirs, and Tanks -
Liquefied Gases

Compression and Storage of Dry Natural Gas

Transfer Equipment

Adhesive Application

Surface Coating

Solvent Cleaning

Abrasive Blasting

Brazing, Soldering, Welding, and Cutting Torches

Solder Leveler, Hydrosqueegee, Wave Solder
Machine,or Drag Solder Machine

Metal Products

Aerosol Can Puncturing or Crushing

Biotechnology Manufacture

Textile Dyeing, Stripping, or Bleaching

Laboratory Fume Hoods and Vents

Refrigeration Units


A. General Criteria for Insignificant Activities

An insignificant activity is any activity, process, or emissions unit which is not subject to a source-specific requirement of a State Implementation Plan, preconstruction permit, or federal standard and which: 1) meets the "Criteria for Specific Source Categories' below; or 2) emits no more than 0.5 tons per year of a federal hazardous air pollutant (HAP) and no more than two tons per year of a regulated pollutant that is not a HAP.


B. Criteria for Specific Source Categories

1. Fugitive Emissions Sources Associated With Insignificant Activities

Any valves, flanges, and unvented (except for emergency pressure relief valves) pressure vessels associated with an insignificant activity on this list.

Justification: Insignificant air pollutant emissions from this source.

2. Combustion and Heat Transfer Equipment

a. Any combustion equipment, other than a gas turbine, that has a maximum heat input rating of no more than five million British thermal units (mmBtu) per hour (gross) and is equipped to be fired exclusively with natural gas, liquefied petroleum gas, or any combination thereof, provided the fuel contains no more than five percent by weight of hydrocarbons heavier than butane (as determined by American Society for Testing and Materials (ASTM) test method E-260-73) and no more than 0.75 grains of total sulfur per 100 cubic feet of gas (as determined by ASTM test method D-1072-80).

Justification: 100 lb NOx/106ft3 * 5 mmBtu/hr/1,050 mmBtu/106ft3 = 0.5 lb NOx/hr (Reference AP-42).

b. Any piston-type internal combustion engine (ICE) with a manufacturer=s maximum continuous rating of no more than 50 braking horsepower (bhp).

Justification: 14 g NOx/hp-hr * 50 hp/454 g/lb = 1.5 lb NOx/hr (Reference AP-42).

c. Any ICE which emits no more than 2 tons per year of NOx and is operated solely for the purpose of: 1) providing power when normal power service fails (service failure does not include voluntary power reductions); or 2) the emergency pumping of water.

Justification: 14 g NOx/hp-hr * 300 bhp * 100 hr/yr/454 g/lb/2,000 lb/ton = 0.46 tons NOx/yr (Reference AP-42).

d. Any non-electric space heater that is not a boiler.

Justification: 94 lb NOx/106ft3 * 60,000,000 Btu/hr * 720 hr/yr/1,000 Btu/scf = 2 tons NOx/yr.

Note: An electric space heater should be considered a trivial activity.

3. Cooling Towers

Any water cooling tower which: 1) has a circulation rate of less than 10,000 gallons per minute; and 2) is not used to cool process water, water from barometric jets, or water from barometric condensers.

Justification: 0.019 lb PM10/1,000 gal/min * 10,000 gal/min * 60 min/hr * 0.10 = 1.14 lb PM10/hr.


4. Printing and Reproduction Equipment

a. Any printing, coating, or laminating activity which uses no more than two gallons per day of graphic arts materials, including: inks, coatings, adhesives, fountain solutions, thinners, retarders, or cleaning solutions.

Justification: 7.5 lb VOC/gal * 2 gal/day = 15 lb VOC/day.

b. Any photographic process equipment, and control equipment venting such equipment, which reproduces images upon material sensitized to radiant energy.

Justification: Insignificant air pollutant emissions from this source.

c. Any laser printing equipment.

Justification: Insignificant air pollutant emissions from this source.


5. Food Processing Equipment

a. Any oven in a food processing operation where less than 1,000 pounds of product are produced per day of operation.

Justification: 13.7 lb VOC/2,000 lb product * 1,000 lb product = 6.9 lb VOC/day (Reference AP-42).

b. Any smokehouse in which the maximum horizontal inside cross section area does not exceed 20 square feet.

Justification: 0.3 lb PM10/ton of meat * 1 ton /day = 0.3 lb PM10/day
0.6 lb CO/ ton of meat * 1 ton/day = 0.6 lb CO/day (Reference AP-42)

c. Any confection cooker, and associated venting or control equipment, cooking edible products intended for human consumption.

Justification: Insignificant air pollutant emissions from this source.


6. Plastic and/or Rubber Processing

a. Any hot-wire cutting of expanded polystyrene foam, provided such cutting is limited to packaging operations.

Justification: 20 cuts/day * 0.27 lb VOC/cut = 5.4 lb VOC/day [San Diego APCD emission factor based on BASF Wyandotte Corporation industrial hygiene tests].

b. Any equipment used exclusively for the extrusion or compression molding of rubber or plastics, provided no plasticizer or blowing agent is used.

Justification: Insignificant air pollutant emissions from this source.

c. Any oven used exclusively for curing, softening, or annealing plastics except for ovens used to cure fiberglass reinforced plastics.

Justification: Insignificant air pollutant emissions from this source.


7. Storage Containers, Reservoirs, and Tanks - Fuel, Fuel Oil, Asphalt

a. Any temporary storage of gasoline in flexible containers to support equipment responding to an emergency or for the purposes of training to support such equipment.

Justification: 11.5 lb VOC/1,000 gal transferred * 5,000 gal * 2 transfers/yr = 115 lb VOC/yr.

b. Any equipment with a capacity of no more than 1,500 gallons used exclusively for the storage of gasoline.

Justification: Breathing losses = 30.5 lb VOC/1,000 gal capacity * 1,500 gal capacity = 45.8 lb VOC/yr
Working losses = 10 lb VOC/1,000 gal throughput * 12,000 gal throughput/yr = 120 lb VOC/yr
Total losses = 0.08 ton VOC/yr

c. Any equipment with a capacity of no more than 19,800 gallons (471 barrels) used exclusively for the storage of petroleum distillates used as motor fuel with specific gravity 0.8251 or higher [40o American Petroleum Institute (API) or lower] as determined by API test method 2547 or ASTM test method D-1298-80.

Justification: 0.03 lb/1,000 gal throughput (Reference U.S. EPA 450/4-90-003).

d. Any equipment used exclusively for the storage of fuel oils or non-air-blown asphalt with specific gravity 0.9042 or higher (25o API or lower) as determined by API test method 2547 or ASTM test method D-1298-80.

Justification: 0.03 lb/1,000 gal throughput (Reference U.S. EPA 450/4-90-003).


8. Storage Containers, Reservoirs, and Tanks - General Organic and VOC-containing Material

a. Any equipment used exclusively for the storage of unheated organic material with: 1) an initial boiling point of 150o Centigrade (C) [302o Fahrenheit (F)] or greater as determined by ASTM test method 1078-86); or 2) a vapor pressure of no more than five millimeters mercury (mmHg) [0.1 pound per square inch (psi) absolute] as determined by ASTM test method D-2879-86.

Justification: 0.39 lb VOC/1,000 gal storage capacity-yr * 10,000 gal stored = 3.9 lb VOC/yr
0.007 lb VOC/1,000 gal storage capacity-yr (Reference U.S. EPA 450/4-90-003 for propylene glycol.

b. Any equipment with a capacity of no more than 250 gallons used exclusively for the storage of unheated organic liquid.

Justification: 30.5 lb VOC/1,000 gal storage capacity-yr * 250 gal capacity = 7.62 lb VOC/yr
17.9 lb VOC/1,000 gal storage capacity-yr * 250 gal capacity = 4.5 lb VOC/yr (Reference U.S. EPA 450/4-90-003 for carbon tetrachloride).

c. Any equipment with a capacity of no more than 6,077 gallons used exclusively for the underground storage of unheated organic liquid with a vapor pressure no more than 75 mm Hg (1.5 psi absolute) as determined by ASTM test method D-2879-86.

Justification: 3.6 lb VOC/1,000 gal storage capacity-yr * 6,077 gal capacity = 21.9 lb VOC/yr.

d. Any transport, delivery, or cargo tank or equipment on vehicles used to deliver VOC-containing material.

Justification: 0.005 lb VOC/1,000 gal (Reference U.S. EPA 450/4-90-003).


9. Storage Containers, Reservoirs, and Tanks - Inorganic Materials

Any equipment used exclusively for the storage of fresh, commercial or purer grade of: 1) sulfuric or phosphoric acid with acid content of no more than 99 per cent by weight; or 2) nitric acid with acid content of no more than 70 per cent by weight.

Justification: Insignificant air pollutant emissions from this source.


10. Storage Containers, Reservoirs, and Tanks - Liquefied Gases

Any equipment used exclusively for the storage of liquified gases in unvented (except for emergency pressure-relief valves) pressure vessels.

Justification: Insignificant air pollutant emissions from this source.


11. Compression and Storage of Dry Natural Gas

Any equipment used exclusively to compress or hold dry natural gas. Any ICE or other equipment associated with the dry natural gas should not be considered an insignificant activity unless such ICE or other equipment independently qualifies as an insignificant activity.

Justification: Insignificant air pollutant emissions from this source.


12. Transfer Equipment

a. Any transfer equipment when used with the equipment described in 7 through 11, above.

Justification: Please see justification for 7 through 11, above.

b. Any equipment used exclusively to transfer crude oil, asphalt, or residual oil from a delivery vehicle.

Justification: 0.03 lb/1,000 gal transferred (Reference U.S. EPA 450/4-90-003).

c. Any equipment used exclusively for the transfer of crude oil with 0.8762 specific gravity or higher (30 degrees API or lower) as measured by API test method 2547 or ASTM test method D-1298-80.

Justification: Transfer emissions for heavy crude oil are much less than 1 lb/1,000 gal.

d. Any equipment used exclusively for the transfer of less than 4,000 gallons per day of: 1) unheated organic material with an initial boiling point of 150o C (302oF) or greater as determined by ASTM test method D-86; or 2) fuel oil with 0.8251 specific gravity or higher (40o API or lower) as determined by API test method 2547 or ASTM test method D-1298-80.

Justification: Less than 0.03 lb/1,000 gal transferred (Reference U.S. EPA 450/4-90-003).


13. Adhesive Application

Any adhesive operation in which no more than 173 gallons of adhesives are applied in a consecutive 12-month period.

Justification: 11.1 lb VOC-HAP/gal* 0.52 * 173 gal/year = 0.5 TPY VOC-HAP.


14. Surface Coating

a. Any equipment or activity using no more than one gallon per day of surface coating, or any combination of surface coating and solvent, which contains either VOC or hazardous air pollutants (HAP), or both.

Justification: 7.5 lb VOC/gal * 1 gal/day = 7.5 lb VOC/day.

b. Any coating operation using less than 10,950 gallons per year of coating(s) that contain less than 20 grams of VOC per liter.

Justification: 0.16 lb VOC/gal * 10,950 gal/year = 1,752 lb VOC/yr.


15. Solvent Cleaning

a. Any equipment or activity using no more than one gallon per day of solvent, or combination of solvent and surface coating, which contains either VOC or HAP, or both.

Justification: 7.5 lb VOC/gal * 1 gal/day = 7.5 lb VOC/day.

b. Any unheated, non-conveyorized cleaning equipment (not including control enclosures): 1) which has an open surface area of no more than 10.8 square feet (2 square meters) and internal volume of no more than 92.5 gallons; 2) which uses organic solvents with an initial boiling point of 302o F or greater as determined by ASTM test method 1078-78; and 3) from which the owner or operator can demonstrate, through solvent purchase and use records, that less than 25 gallons per year of solvent was lost exclusive of solvent loss from recycling or disposal.

Justification: 7.5 lb VOC/gal solvent * 25 gal solvent/yr/2,000 lb/ton = 0.094 ton VOC/yr.

c. Any solvent wipe cleaning provided such cleaning: 1) utilizes a container applicator to limit emissions (e.g., squeeze containers with narrow tips, spray bottles, dispensers with press-down caps, etc.); and 2) occurs at a facility which emits no more than five tons VOC (uncontrolled emissions) per calendar year from all solvent wipe-cleaning operations or which purchases no more than 1,500 gallons of solvent per calendar year.

Justification: Less than 5 tons VOC per calendar year.


16. Abrasive Blasting

a. Any blast cleaning equipment using a suspension of abrasive material in water and the control equipment venting such blast cleaning equipment.

Justification: Insignificant air pollutant emissions from this source.

b. Any abrasive blast room when vented to a control device that discharges back to the room.

Justification: Insignificant air pollutant emissions from this source.


17. Brazing, Soldering, Welding, and Cutting Torches

Any brazing, soldering, welding, or cutting torch equipment used in manufacturing and construction activities and with the potential to emit hazardous air pollutant (HAP) metals, provided the total emissions of HAPs do not exceed 0.5 tons per year.

Justification: Less than 0.5 tons per year of total HAPs.

Note: U.S. EPA's List of Trivial Activities says brazing, soldering, and welding associated with maintenance is a trivial activity. Such activity performed as part of the manufacturing process is also a trivial activity, provided no metal HAPs are emitted.


18. Solder Leveler, Hydrosqueegee, Wave Solder Machine, or Drag Solder Machine

Any solder leveler, hydrosqueegee, wave solder machine, or drag solder machine which uses less than an average of 10 pounds/day of any VOC-containing material.

Justification: Less than 10 pounds/day of VOC.


19. Metal Products

Any equipment, and associated control equipment, used exclusively for the inspection of metal products.

Justification: Insignificant air pollutant emissions from this source.


20. Aerosol Can Puncturing or Crushing

Any aerosol can puncturing or crushing operation that processes less than 500 cans per day, provided such operation uses a closed loop recovery system.

Justification: 0.02 lb VOC/aerosol can * 500 aerosol cans/day = 10 lb VOC/day [San Diego County APCD emission factor based on saturated vapor in aerosol can].


21. Biotechnology Manufacture

Provided the total uncontrolled VOC emissions from any biotechnology manufacturing facility does not exceed five tons per year, any equipment used in the manufacture of:

a. Biotechnology pharmaceutical products used exclusively in federal Food and Drug Administration (FDA)-approved clinical trials;

b. Biomedical devices and diagnostic kits used exclusively in FDA-approved clinical trials and laboratory failure analysis testing; or

c. Bioagricultural products for exclusive use in field testing required to obtain FDA, U.S. EPA, United States Department of Agriculture (USDA), or California Environmental Protection Agency (Cal-EPA) approval.

Justification: No more than 2 tons VOC/year.


22. Textile Dyeing, Stripping, or Bleaching

Any equipment used for dyeing, stripping, or bleaching textiles, provided no organic solvents, diluents, or thinners are used.

Justification: Insignificant air pollutant emissions from this source.


23. Laboratory Fume Hoods and Vents

Any laboratory fume hood or vent, provided such equipment is used exclusively for the purpose of teaching, research, or quality control.

Justification: Insignificant air pollutant emissions from this source

Note: According to the U.S. EPA's List of Trivial Activities, "many lab fume hoods or vents might qualify for treatment as insignificant"


24. Refrigeration Units

Any refrigeration unit provided the unit: 1) contains less than 50 pounds of refrigerant; and 2) is not used in conjunction with air pollution control equipment.

Justification: Insignificant air pollutant emissions from this source.