PLACER COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 501 - GENERAL PERMIT REQUIREMENTS
(Adopted 12/08/70; Revised 05/09/72,
11/12/74, 05/24/77, 06/19/79, 09/21/93, 11/03/94)
REGULATION 5
PERMITS
CONTENTS
100 GENERAL
101 PURPOSE
110 EXEMPTION, GENERAL
111 EXEMPTION, VEHICLES
112 EXEMPTION, COMBUSTION AND HEAT TRANSFER
113 EXEMPTION, RESIDENTIAL STRUCTURES
114 EXEMPTION, AGRICULTURAL OPERATIONS
115 EXEMPTION, COOLING SYSTEMS AND VACUUM CLEANING
116 EXEMPTION, COOLING TOWERS
117 EXEMPTION, PLASTICS AND CERAMICS PROCESSING
118 EXEMPTION, STORAGE AND TRANSFER
119 EXEMPTION, SURFACE COATING AND PREPARATION
120 EXEMPTION, FOOD PROCESSING
121 EXEMPTION, LABORATORY EQUIPMENT
122 EXEMPTION, REPAIRS AND MAINTENANCE
123 EXEMPTION, OTHER EQUIPMENT
200 DEFINITIONS
201 ADMINISTRATIVE AMENDMENT
202 AFFECTED AIR POLLUTANT
203 ANNIVERSARY DATE
204 APPLICABLE REQUIREMENTS
205 AUTHORITY TO CONSTRUCT
206 COMMENCE
207 CONTIGUOUS PROPERTY
208 EMISSIONS UNIT
209 RESPONSIBLE OFFICIAL
210 STARTUP
211 STATIONARY SOURCE
212 TITLE V PERMITS
300 STANDARDS
301 AUTHORITY TO CONSTRUCT
302 PERMIT TO OPERATE
303 STANDARDS FOR GRANTING APPLICATIONS
304 PROVISION OF SAMPLING AND TESTING FACILITIES
305 TRANSFER
306 PERMIT RENEWAL
307 PERFORMANCE TESTING
400 ADMINISTRATIVE REQUIREMENTS
401 POSTING
402 ALTERING OF PERMIT
403 APPLICATIONS
404 ACTION ON APPLICATIONS
405 CONDITIONAL APPROVAL
406 DENIAL OF APPLICATIONS
407 DISCLOSURE
408 EMISSION STATEMENT
409 SUSPENSION
410 CANCELLATION OF APPLICATION
411 CANCELLATION OF PERMIT TO OPERATE
412 TEMPORARY PERMIT
413 APPEALS
414 COMPLIANCE DATES
500 MONITORING AND RECORDS
501 TESTING PROCEDURES
502 MONITORING
503 RECORDKEEPING
100 GENERAL
101 PURPOSE: To provide an orderly procedure for the
review of new sources of air pollution and the orderly
review of the modification and operation of existing
sources through the issuance of permits. Procedures
for issuing, modifying, or renewing Title V permits to
operate for stationary sources which are subject to
Rule 507, FEDERAL OPERATING PERMIT PROGRAM, shall also
be consistent with the procedures specified in that
rule.
110 EXEMPTION, GENERAL: The exemptions contained in this
rule shall not apply to an otherwise exempt piece of
equipment which is part of a process that requires a
permit. An Authority to Construct and Permit to
Operate shall not be required for the equipment listed
in Sections 111 to 123, unless an emissions unit, is:
110.1 Subject to New Source Performance Standards;
or
110.2 Subject to National Emission Standards for
Hazardous Air Pollutants; or
110.3 Subject to the requirements of Rule 507,
FEDERAL OPERATING PERMIT PROGRAM; or
110.4 Emits, in levels deemed appropriate for
review by the Air Pollution Control Officer
(APCO), substances identified as a toxic air
contaminant or which are under review
pursuant to Health and Safety Code Section
39650 et. seq.; or
110.5 The Air Pollution Control Officer makes a
determination that the emission unit may not
operate in compliance with the District Rules
and Regulations; or
110.6 An emissions unit or stationary source for
which emission reduction credits have been
requested or granted in accordance with Rule
504, EMISSION REDUCTION CREDITS.
111 EXEMPTION, VEHICLES:
111.1 Vehicles used to transport passengers or
freight, but not including any article,
machine, equipment or other contrivance
mounted on such a vehicle that would
otherwise require a permit under the
provisions of these rules and regulations.
111.2 Locomotives, airplanes and watercraft used to
transport passengers or freight. This
exemption shall not apply to equipment used
for dredging of waterways or equipment used
in pile driving adjacent to or in waterways.
112 EXEMPTION, COMBUSTION AND HEAT TRANSFER EQUIPMENT:
112.1 Internal combustion engines with a
manufacturer's maximum continuous rating of
50 brake horsepower or less or gas turbine
engines with a maximum heat input rate of
3,000,000 British Thermal Units (Btu) per
hour or less at ISO standard day conditions
(288 degrees Kelvin, 60 percent relative
humidity, and 101.3 kilopascals pressure).
The ratings of all engines or turbines used
in the same process will be accumulated to
determine whether this exemption applies.
112.2 Any combustion equipment that has a maximum
heat input of less than 1,000,000 Btu per
hour (gross) and is equipped to be fired
exclusively with purchased quality natural
gas, liquefied petroleum gas or any
combination thereof. The ratings of all
combustion equipment used in the same process
will be accumulated to determine whether this
exemption applies.
113 EXEMPTION, RESIDENTIAL STRUCTURES: Equipment utilized
exclusively in connection with any structure, when the
structure is designed for and used exclusively as a
dwelling for not more than four families.
114 EXEMPTION, AGRICULTURAL OPERATIONS: Equipment used
exclusively in the growing of agricultural crops, or in
the commercial raising of fowl or other animals.
115 EXEMPTION, COOLING SYSTEMS AND VACUUM CLEANING:
Refrigeration, air conditioning, ventilating, water
cooling towers or vacuum cleaning systems not designed
to remove air contaminants generated by equipment which
would require a permit under these rules and
regulations.
116 EXEMPTION, COOLING TOWERS: Water cooling towers that
have a circulation rate of less than 10,000 gallons per
minute and which are not used for the cooling of
process water, water from barometric jets, or water
from barometric condensers.
117 EXEMPTION, PLASTICS AND CERAMICS PROCESSING: Ovens,
kilns, or furnaces fired by electricity used
exclusively for the heating, curing, softening, or
annealing of plastics or ceramics, and not emitting
more than 5 pounds of Volatile Organic Compound (VOC)
emissions in any one day. This Section shall not apply
to ovens used for heating or curing of fiberglass
reinforced plastics.
118 EXEMPTION, STORAGE AND TRANSFER: Tanks, reservoirs,
vessels or other containers and their associated
dispensing, pumping and compression systems used
exclusively for the storage of:
118.1 Liquefied or compressed gases.
118.2 Unheated organic materials with an initial
boiling point of 150 degrees Celsius (302
degrees Fahrenheit) or greater, as determined
by the testing procedure specified in Section
501.2, or with an organic vapor pressure of 5
mm Hg (0.1 psia) or less at 20oC, as
determined by the testing procedure specified
in Section 501.3.
118.3 Organic liquids with a vapor pressure of 77.5
mm Hg (1.5 psia) or less at 20oC, as
determined by the testing procedure specified
in Section 501.3, having a capacity of 23,000
liters (6076 gallons or less). Equipment
used exclusively for the transfer of organic
liquids with a vapor pressure of 77.5 mm Hg
(1.5 psia) at 20oC to or from storage.
118.4 Unheated solvent dispensing containers of 380
liters (100 gallons) capacity or less.
119 EXEMPTION, SURFACE COATING AND PREPARATION:
119.1 Water solution for surface preparation,
cleaning, stripping, etching (other than
chemical milling) or the electrolytic plating
with electrolytic polishing of, or the
electrolytic stripping of brass, bronze,
cadmium, copper, iron lead, nickel, tin,
zinc, and precious metals.
119.2 Surface coating operations using a combined
total of one gallon per day or less of
coating material and solvent.
119.3 Unheated non-conveyorized solvent rinsing
containers or unheated non-conveyorized
coating dip tanks of 380 liters (100 gallons)
capacity or less.
120 EXEMPTION, FOOD PROCESSING: The following processing
equipment for food or other human consumables and
exhaust systems or collectors serving exclusively such
equipment:
120.1 Used in eating establishments for the purpose
of preparing food for human consumption.
120.2 Smokehouses in which the maximum horizontal
inside cross sectional area does not exceed 2
square meters (21.5 square feet).
120.3 Mixers and blenders used in bakeries.
120.4 Confection cookers.
120.5 Used exclusively to grind, blend or package
tea, cocoa, spices, or roasted coffee.
121 EXEMPTION, LABORATORY EQUIPMENT: Laboratory equipment
used exclusively for chemical or physical analysis and
bench scale tests, including associated
vacuum-producing equipment.
122 EXEMPTION, REPAIRS AND MAINTENANCE: Repairs or
maintenance not involving changes to any equipment for
which a permit has been granted under Section 301 of
this rule.
123 EXEMPTION, OTHER EQUIPMENT: Unless subject to the
requirements of Rule 507, FEDERAL OPERATING PERMIT
PROGRAM, other equipment authorized for exemption by
the Air Pollution Control Officer and which would emit
less than 2 pounds in any 24 hour period of any
pollutants without the benefit of air pollution control
devices.
200 DEFINITIONS: Unless otherwise defined below, the terms used
in this rule are defined in Rule 502, NEW SOURCE REVIEW;
Rule 504, EMISSIONS REDUCTION CREDITS; and Rule 507, FEDERAL
OPERATING PERMIT PROGRAM.
201 ADMINISTRATIVE PERMIT AMENDMENT - An amendment to a
permit to operate which:
201.1 Corrects a typographical error; or
201.2 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; or
201.3 Requires more frequent monitoring or
reporting by a responsible official of the
stationary source; or
201.4 Transfers ownership or operational control of
a stationary source, provided that, prior to
the transfer, the Air Pollution Control
Officer receives a written agreement which
specifies a date for the transfer of permit
responsibility, coverage, and liability from
the current to the prospective permittee.
202 AFFECTED POLLUTANTS - Reactive organic compounds
(ROC), nitrogen oxides (NOx), sulfur oxides (SOx),
PM10, carbon monoxide (CO), lead, vinyl chloride,
sulfuric acid mist, hydrogen sulfide, total reduced
sulfur, and reduced sulfur compounds, or any other
pollutant or precursor for which an ambient air quality
standard has been established by the U.S. Environmental
Protection Agency or the California Air Resources
Board.
203 ANNIVERSARY DATE - The day and month of issuance of a
permit to operate and that same day and month of each
succeeding year.
204 APPLICABLE REQUIREMENTS - Air quality requirements
which a facility must comply pursuant to the District's
regulations, codes of California statutory law, the
Federal Clean Air Act as amended in 1990 and
implementing regulations, other provisions of the
United States Code, and the Code of Federal
Regulations.
205 AUTHORITY TO CONSTRUCT - A preconstruction permit
authorizing construction prior to the starting of
construction and conforming to the requirements of Rule
502, NEW SOURCE REVIEW, and Rule 507, FEDERAL OPERATING
PERMIT PROGRAM.
206 COMMENCE - As applied to construction, means that the
owner or operator has all of the necessary permits or
approvals required under Sate and Federal air quality
control laws, District Rules and Regulations, and those
air quality control laws and regulations which are part
of the California State Implementation Plan, and has:
206.1 Begun, or caused to begin, a continuous
program of on-site construction of the
source, to be completed in a reasonable time;
or
206.2 Entered into binding agreements or
contractual obligations which cannot be
cancelled or modified without substantial
loss to the owner or operator, to undertake a
program of actual construction of the source
to be completed within a reasonable time.
207 CONTIGUOUS PROPERTY - Two or more parcels of land with
a common boundary or separated solely by a public
roadway or other public right-of-way.
208 EMISSIONS UNIT - An identifiable operation or piece of
process equipment such as an article, machine, or other
contrivance which controls, emits, may emit, or results
in the emissions of any affected air pollutant,
regulated air pollutant or Hazardous Air Pollutant
(HAP), directly or as fugitive emissions. An emissions
unit shall not include the open burning of agricultural
biomass.
209 RESPONSIBLE OFFICIAL - An individual with the authority
to certify that a source complies with all applicable
requirements, including the conditions of permits
issued to sources in accordance with Regulation 5,
PERMITS. A "responsible official" means one of the
following:
209.1 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
for the corporation, 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
Air Pollution Control Officer;
209.2 For a partnership or sole proprietorship, a
general partner or the proprietor,
respectively; or
209.3 For a municipality, state, federal, or other
public agency, either a principal executive
officer or a ranking elected official; or
209.4 For an acid rain unit subject to Title IV
(Acid Deposition Control) of the Clean Air
Act, the "responsible official" is the
designated representative of that unit for
any purposes under Title IV and Rule 507,
FEDERAL OPERATING PERMITS PROGRAM.
210 STARTUP - means the setting in operation of a
stationary source or emission unit for any purpose.
211 STATIONARY SOURCE (SOURCE OR FACILITY) - Any building,
structure, facility, or emissions unit which emits or
may emit any affected pollutant directly or as fugitive
emissions.
211.1 Building, structure, facility, or emissions
unit includes all pollutant emitting
activities which:
a. belong to the same industrial grouping; and
b. are located on one property or on two or more
contiguous properties; and
c. are under the same or common ownership,
operation, or control or which are owned or
operated by entities which are under common
control.
211.2 Pollutant emitting activities shall be
considered as part of the same industrial
grouping if:
a. they belong to the same two-digit standard
industrial classification code under the
system described in the 1987 Standard
Industrial Classification Manual; or
b. they are part of a common production process.
(Common production process includes
industrial processes, manufacturing processes
and any connected processes involving a
common material.)
211.3 The emissions within District boundaries of
cargo carriers associated with the stationary
source shall be considered emissions from the
stationary source to the extent that emission
reductions from cargo carriers are proposed
as offsets.
212 TITLE V PERMITS - A permit issued, denied, renewed,
amended, or reopened pursuant to Rule 507, FEDERAL
OPERATING PERMIT PROGRAM, and the Federal Clean Air Act
as amended in 1990 (42 U.S.C. Section 7401 et seq.),
and Part 70 Code of Federal Regulations, "State
Operating Permit Programs".
300 STANDARDS
301 AUTHORITY TO CONSTRUCT: Any person building, erecting,
altering or replacing any article, machine, equipment
or other contrivance, the use of which may cause,
eliminate, reduce, or control the issuance of air
contaminants, shall first obtain authorization for such
construction from the Air Pollution Control Officer
(APCO) as specified in Section 403 of this rule. An
authority to construct shall remain in effect until a
permit to operate the equipment is granted or denied or
the application is cancelled. With the exception of
Authority to Construct permit(s) for stationary sources
or equipment units subject to the requirements of Title
V of the Federal Clean Air Act as amended in 1990, and
pursuant to Rule 507, FEDERAL OPERATING PERMIT PROGRAM,
the emissions unit(s) shall not commence operation
until the Air Pollution Control Officer takes final
action to approve the permit. A stationary source or
emission unit subject to Rule 507, FEDERAL OPERATING
PERMIT PROGRAM, requirements may commence operation
subject to the limitations and restrictions of Rule 507
upon such operation.
301.1 An authority to construct, unless extended or
application for a Title V operating permit is
submitted, shall expire no later than one
year following the construction completion
date given by the applicant, or no later than
two years following the date of permit
issuance, whichever occurs first.
301.2 If a written request to extend the authority
to construct is received by the Air Pollution
Control Officer prior to the expiration of
the authority to construct, an extension may
be granted for up to two years if the Air
Pollution Control Officer determines that:
(1) commencement of construction has
occurred, and a good faith effort to complete
the project has been made; and (2) the
parameters of the project remain the same as
in the initial application.
301.3 The Air Pollution Control Officer shall be
notified of the anticipated date of initial
startup or operation of any permitted
article, machine, equipment or other
contrivance. Such notice shall be made no
less than 30 days prior to the startup date.
301.4 The Air Pollution Control Officer shall be
notified of the actual date of initial
startup within 5 days after such date.
302 PERMIT TO OPERATE: Any person operating an article,
machine, equipment or other contrivance, the use of
which may cause, eliminate, reduce, or control the
issuance of air contaminants, shall first obtain a
written permit from the Air Pollution Control Officer.
Stationary sources subject to the requirements of Rule
507, FEDERAL OPERATING PERMIT PROGRAM, must also obtain
a Title V permit pursuant to the requirements and
procedures of that rule.
303 STANDARDS FOR GRANTING APPLICATIONS:
303.1 The Air Pollution Control Officer shall deny
an authority to construct or permit to
operate, except as provided in Rule 502, NEW
SOURCE REVIEW, if the applicant does not show
that every article, machine, equipment or
other contrivance, the use of which may
cause, eliminate, reduce, or control the
issuance of air contaminants, is so designed,
controlled, equipped, and operated with such
air pollution control equipment that it may
be shown to operate without emitting or
without causing to be emitted air
contaminants in violation of these rules and
regulations or of such state or federal
statutes as may be enforceable by the Air
Pollution Control Officer on the date the
application is deemed complete. Permits to
operate, and permit amendments, for sources
subject to the requirements of Title V of the
Federal Clean Air Act as amended in 1990 (42
U.S.C. Section 7401 et seq.), and Rule 507,
FEDERAL OPERATING PERMIT PROGRAM, must comply
with all applicable federal requirements. In
addition, the Air Pollution Control Officer
shall require the applicant, as a condition
of the authority to construct, to comply with
the requirements of California Health and
Safety Code Part 6, (Section 44300 et. seq.),
Air Toxics "Hot Spots" Information and
Assessment Act.
303.2 No permit to operate shall be granted, either
by the Air Pollution Control Officer or the
Hearing Board, for any article, machine,
equipment or contrivance, the use of which
may cause, eliminate, reduce, or control the
issuance of air contaminants, which has been
constructed or installed without
authorization as required by Section 301 of
this rule, until:
a. The information necessary to enable the Air
Pollution Control Officer to make the
determination required by Section 303 of this
rule, Rule 502, NEW SOURCE REVIEW, and Rule
507, OPERATING PERMIT PROGRAM, for those
sources subject to that rule, is presented to
the Air Pollution Control Officer; and
b. Such article, machine, equipment or
contrivance, is altered, if necessary, and
made to conform to the standards set forth in
Section 303 of this rule, elsewhere in these
rules and regulations, and in the California
Health and Safety Code.
303.3 In acting upon a permit to operate, if the
Air Pollution Control Officer finds that the
article, machine, equipment, or other
contrivance, the use of which may cause the
issuance of air contaminants or the use of
which may eliminate or reduce or control the
issuance of air contaminants, has not been
constructed in accordance with the authority
to construct, he or she shall deny the permit
to operate. The Air Pollution Control
Officer shall not accept any further
application for a permit to operate the
article, machine, equipment, or other
contrivance so constructed until he or she
finds that the article, machine, equipment or
other contrivance has been reconstructed in
accordance with the authority to construct.
303.4 The Air Pollution Control Officer shall
require enforceable emission limitations as
permit conditions in authorities to construct
and permits to operate to assure the
permanence of surplus actual emissions
reductions applied for use as internal
reductions or emission reduction credits in
accordance with Rule 502, NEW SOURCE REVIEW;
Rule 504, EMISSION REDUCTION CREDITS; and
Rule 507, FEDERAL OPERATING PERMIT PROGRAM.
303.5 The Air Pollution Control Officer shall
determine that an applicant for a permit to
construct or modify a potential source of air
contaminants located within 1,000 feet from
the outer boundary of a school has complied
with the applicable requirements of
California Health and Safety Code Section
42301.6, preparation and distribution of a
public notice, prior to approving an
application for an authority to construct
permit.
303.6 Approval to construct shall not relieve any
owner or operator of the responsibility to
comply fully with applicable requirements,
including applicable provisions of the
California State Implementation Plan,
District Rules and Regulations, or State or
Federal law.
303.7 No permit to operate shall be issued,
modified, or renewed for stationary sources
which are subject to Rule 507, FEDERAL
OPERATING PERMIT PROGRAM, unless the permit
contains conditions consistent with those
specified in that rule.
304 PROVISION OF SAMPLING AND TESTING FACILITIES: In
addition to the monitoring and testing required to
comply with State or Federal laws or regulations, the
Air Pollution Control Officer may, upon reasonable
written notice or before an authority to construct or
permit to operate is granted, require the applicant or
the owner or operator of any article, machine,
equipment, or other contrivance, the use of which may
cause the issuance of air contaminants, or the use of
which may eliminate, reduce, or control the issuance of
air contaminants to:
304.1 Provide and maintain such facilities as are
necessary for sampling and testing purposes
in order to secure information that will
disclose the nature, extent, quantity or
degree of air contaminants discharged into
the atmosphere from the equipment in
question. In the event of such a
requirement, the Air Pollution Control
Officer shall notify the applicant in writing
of the required size, number and location of
sampling holes; the size and location of the
sampling platform; the access to the sampling
platform; and the utilities for operating the
sampling, testing, and air monitoring
equipment. Such platform and access shall be
constructed in accordance with the applicable
General Industry Safety Orders of the State
of California.
304.2 Provide and maintain sampling and monitoring
apparatus to measure emissions of air
contaminants when the Air Pollution Control
Officer has determined that such apparatus is
available and should be installed.
a. Continuous emission monitoring systems as a
minimum shall be installed when required, and
to the performance specifications required,
by Section 502 of this rule.
b. A violation of emission standards of these
rules, as shown by the stack-monitoring
system, shall be reported by the owner or
operator to the Air Pollution Control Officer
within 96 hours, or such earlier time as may
be required by Rule 404, UPSET CONDITIONS,
BREAKDOWN AND SCHEDULED MAINTENANCE
c. In the event of a breakdown of monitoring
equipment, the owner or operator shall notify
the Air Pollution Control Officer within 48
hours and shall initiate repairs. The owner
or operator shall inform the Air Pollution
Control Officer of the intent to shutdown any
monitoring equipment at least 24 hours prior
to the event.
d. Compliance with Subsection (b) and (c),
above, does not exempt the owner or operator
from applicable provisions of Rule 404, UPSET
CONDITIONS, BREAKDOWN AND SCHEDULED
MAINTENANCE, the emergency provisions of Rule
507, OPERATING PERMIT PROGRAM, pursuant to 40
CFR 70.6(g), or the separate reporting
requirements of other federal regulations to
which the stationary source or emissions unit
is subject.
304.3 If the Air Pollution Control Officer
determines that technological or economic
limitations on the application of measurement
methodology to a particular class of sources
would make the imposition of a numerical
emission standard infeasible, the Air
Pollution Control Officer may instead
prescribe a design, operational, or equipment
standard. In such cases, the Air Pollution
Control Officer may require the installation
or modification of process monitoring devices
such that the design characteristics or
equipment will be properly maintained, or
that the operational conditions will be
properly performed, so as to continuously
achieve the assumed degree of control. To
the extent applicable, reporting requirements
for process monitors shall be the same as for
continuous emission monitoring systems.
304.4 A person operating or using a stack
monitoring system shall, upon written notice
from the Air Pollution Control Officer,
provide a summary of the data obtained from
such systems. This summary of the data shall
be in the form and manner prescribed by the
Air Pollution Control Officer. The summary
of data shall be available for public
inspection at the office of the Air Pollution
Control District. Records from the
monitoring equipment shall be kept by the
owner or operator for a period of two years,
during which time they shall be available to
the Air Pollution Control Officer in such
form as he or she directs.
304.5 The responsible official of a source using a
stack monitoring system and subject to Rule
507, FEDERAL OPERATING PERMIT PROGRAM, shall
in addition to the requirements of Section
304.4, above, submit data summaries and
retain monitoring records in accordance with
the applicable federal requirements of that
rule.
305 TRANSFER: An authority to construct or permit to
operate shall not be transferable, whether by operation
of law or otherwise, either from one location to
another, from one piece of equipment to another, or
from one person to another. In the event any person
contemplates or desires to make any such transfer as
herein above described, said person shall make an
application for authorization in accordance with
Section 403 of this rule.
306 PERMIT RENEWAL: Except for Title V permits, which
shall be renewed in accordance with Rule 507, FEDERAL
OPERATING PERMIT PROGRAM, every permit to operate,
except as specified below, shall be renewable annually
on the permit's anniversary date, commencing one year
after the date of issuance.
306.1 Action to suspend or revoke the permit has
been initiated and such action has resulted
in a final determination to suspend or revoke
the permit by the Air Pollution Control
Officer or the Hearing Board and all appeals,
or time for appeals, has been exhausted.
306.2 Fees applicable to the renewal of the
permit(s) to operate have not been paid, as
specified in Regulation 6, FEES.
306.3 The Air Pollution Control Officer shall
review every permit to operate upon annual
renewal, pursuant to Health and Safety Code
Section 42301(c), to determine that permit
conditions are adequate to ensure compliance
with, and the enforceability of, District
Rules and Regulations applicable to the
article, machine, equipment, or contrivance
for which the permit was issued. Applicable
District Rules and Regulations shall include
those which were in effect at the time the
permit was issued or modified, or which have
subsequently been adopted and made
retroactively applicable to an existing
article, machine, equipment, or contrivance,
by the District Board of Directors. During
this annual review the Air Pollution Control
Officer shall reopen the permit if cause for
reopening is discovered for a permit to
operate issued pursuant to Rule 507, FEDERAL
OPERATING PERMITS PROGRAM. The Air Pollution
Control Officer shall revise the conditions,
if such conditions are not consistent, in
accordance with all applicable District Rules
and Regulations.
306.4 The Air Pollution Control Officer may
establish an annual permit renewal date for
all permits to operate held by a stationary
source. Thereafter, permits to operate shall
be renewable that same day and month of each
succeeding year, subject to any other
requirements of these Rules and Regulations
and of state law, regarding validity, voiding
or revocation of permits.
307 PERFORMANCE TESTING: Within 60 days after achieving
the maximum production rate or the maximum rate of
emissions to which the source is limited by enforceable
conditions, but not later than 180 days after initial
startup of such source, or as otherwise required by the
Air Pollution Control Officer to determine continuous
compliance with emission limitations or to confirm
emission reductions claimed, the owner or operator of
such source shall conduct performance test(s) in
accordance with methods and under operating conditions
as are approved by the Air Pollution Control Officer
and furnish the Air Pollution Control Officer a written
report of the results of such performance test(s).
307.1 Such test(s) shall be at the expense of the
owner or operator.
307.2 Testing shall be conducted with the source(s)
of emissions operating at maximum capacity or
other rate conforming to the maximum rate of
emissions to which the source(s) are limited
by enforceable condition(s).
307.3 The Air Pollution Control Officer may monitor
such test and may also conduct performance
tests.
307.4 The owner or operator of a source shall
provide the Air Pollution Control Officer 15
days prior notice of the performance test to
afford the Air Pollution Control Officer the
opportunity to have an observer present.
307.5 The Air Pollution Control Officer may waive
the requirement for performance tests if the
owner or operator of a source has
demonstrated by other means to the Air
Pollution Control Officer's satisfaction that
the source is being operated in compliance
with all local, State, and Federal
regulations which are part of the California
State Implementation Plan.
400 ADMINISTRATIVE REQUIREMENTS
401 POSTING: A person who has been granted a permit to
operate any article, machine, equipment, or other
contrivance described in Section 302 of this rule shall
maintain a legible copy of said permit on the premises
of the subject equipment. Other information, analysis,
plans or specifications which disclose the nature,
extent, quantity, or degree of air contaminants which
are or may be discharged from such source shall be
readily available for inspection by the Air Pollution
Control Officer.
402 ALTERING OF PERMIT: A person shall not willfully
deface, alter, forge, counterfeit, or falsify a permit
to operate any article, machine, equipment, or other
contrivance described in Section 302 of this rule. A
permit amendment or revision requested by the owner or
operator, other than an administrative permit amendment
or an amendment pursuant to Subsection 306.3, shall
require the filing of an application. For an
administrative permit amendment, a responsible official
may implement the change addressed in the written
request immediately upon submittal of the request. The
Air Pollution Control Officer shall take final action
no later than 60 days after receiving the written
request for an administrative permit amendment.
402.1 After designating the permit revisions as an
administrative permit amendment, the Air
Pollution Control Officer may revise the
permit without providing notice to the public
or any affected state.
402.2 The Air Pollution Control Officer shall
provide a copy of the revised permit to the
responsible official and for Title V permits
to the US Environmental Protection Agency.
402.3 While the Air Pollution Control Officer need
not make a completeness determination on a
written request, the Air Pollution Control
Officer shall notify the responsible official
if the Air Pollution Control Officer
determines that the permit can not be revised
as an administrative permit amendment.
403 APPLICATIONS: An application for an authority to
construct, permit to operate, change of ownership, or
an application for a permit amendment, permit
reopening, or revision shall be filed in the manner and
form prescribed by the Air Pollution Control Officer,
and shall give all the information necessary to enable
the Air Pollution Control Officer to make the
determinations required by Section 303 of this rule,
Rule 502, NEW SOURCE REVIEW; Rule 504, EMISSION
REDUCTION CREDITS; and Rule 507, FEDERAL OPERATING
PERMIT PROGRAM.
403.1 A responsible official representing the owner
or operator shall certify the truth, accuracy
and completeness of application forms.
403.2 When the information submitted with the
application is insufficient for the Air
Pollution Control Officer to make the
determination required by Section 303 of this
rule, Rule 502, NEW SOURCE REVIEW, by Rule
507, FEDERAL OPERATING PERMITS PROGRAM, for
subject sources, and any other applicable
rule, regulation, or order, upon the written
request of the Air Pollution Control Officer
a responsible official shall supplement any
complete application with additional
information within the time frame specified
by the Air Pollution Control Officer.
403.3 A responsible official shall promptly provide
additional information in writing to the Air
Pollution Control Officer upon discovery of
submittal of any inaccurate information as
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.
403.4 Intentional or negligent submittal of
inaccurate information shall be reason for
denial of an application.
403.5 An application for an authority to construct,
permit to operate, or permit amendment or
revision shall be accompanied by payment of
the application filing fee specified in
Regulation 6, FEES.
404 ACTION ON APPLICATIONS: The Air Pollution Control
Officer shall notify the applicant in writing of his or
her approval, conditional approval, suspension, or
denial of the application for an authority to construct
or permit to operate.
404.1 With the exception of applications of sources
subject to the requirements of Rule 507,
FEDERAL OPERATING PERMIT PROGRAM, in the
event said notification or notification of
application completeness pursuant to Rule
502, NEW SOURCE REVIEW, is not received by
applicant within 30 days of the filing of the
application, or within 30 days of providing
further information as required by Section
403, the applicant may, at his or her option,
deem the application to construct or permit
to operate denied.
404.2 Service of said notification may be made in
person or by mail, and such service may be
proved by the written acknowledgement of the
person(s) served or affidavit of the person
making the service.
404.3 For sources subject to the requirements of
Rule 507, FEDERAL OPERATING PERMITS PROGRAM,
action on applications for initial operating
permits, permit renewal, or permit
modification shall be taken in accordance of
the provisions of that rule.
405 CONDITIONAL APPROVAL: The Air Pollution Control
Officer may issue an authority to construct or a permit
to operate subject to conditions which will bring the
operation of any article, machine, equipment or other
contrivance, the use of which may cause the issuance of
air contaminants or the use of which may eliminate or
reduce or control the issuance of air contaminants,
within the standards of Section 303 of this rule. The
conditions shall be specified in writing. Commencing
work under such an authority to construct, or operation
under such a permit to operate, shall be deemed
acceptance of all the conditions so specified. The Air
Pollution Control Officer shall issue an authority to
construct or a permit to operate with revised
conditions upon receipt of a new application, if the
applicant demonstrates that the article, machine,
equipment or other contrivance, the use of which may
cause the issuance of air contaminants, can operate
under the revised conditions within the standards of
Section 303 of this rule.
406 DENIAL OF APPLICATION: In the event of a denial of an
authority to construct or permit to operate, the Air
Pollution Control Officer shall notify the applicant in
writing of the reasons therefore. Service of this
notification may be made in person or by mail, and such
service may be proved by the written acknowledgement of
the person(s) served or affidavit of the person making
the service. The Air Pollution Control Officer shall
not accept a further application unless the applicant
has complied with the objections specified by the Air
Pollution Control Officer as his or her reasons for
denial of the authority to construct or the permit to
operate.
407 DISCLOSURE: The Air Pollution Control Officer, at any
time, may require from an applicant, or holder of, any
permit provided for in these rules and regulations,
such information, analyses, plans, or specifications
which will disclose the nature, extent, quality, or
degree of air contaminants which are, or may be,
discharged by the source for which the permit was
issued or applied. The Air Pollution Control Officer
may require that such disclosures be certified by a
professional engineer registered in the State of
California. A responsible official representing the
owner or operator shall certify the truth, accuracy and
completeness of disclosures. Studies necessary to
provide such information, shall be at the expense of
the owner or operator of the source for which a permit
was issued or applied.
408 EMISSION STATEMENT: Upon the request of the Air
Pollution Control Officer and as directed by the Air
Pollution Control Officer, the owner or operator of any
stationary source operation which emits or may emit
oxides of nitrogen or reactive organic gas shall
provide the Air Pollution Control Officer with a
written statement, in accordance with Rule 503,
EMISSION STATEMENT, showing actual emissions of oxides
of nitrogen and reactive organic gas from that source.
409 SUSPENSION: The Air Pollution Control Officer may
suspend a permit if a holder of such permit willfully
fails and refuses to furnish information, analyses,
plans, and specifications, within a reasonable time, as
requested by the Air Pollution Control Officer pursuant
to California Health and Safety Code Section 42303,
District Rules and Regulations, or any other law, rule,
regulation, agreement, or order enforceable by the
District. The Air Pollution Control Officer shall
serve notice, in writing, of such suspension and the
reasons therefor. Service of said notification may be
made in person or by mail, and such service may be
proved by the written acknowledgement of the persons
served or affidavit of the person making the service.
The permit shall be reinstated when the Air Pollution
Control Officer is furnished with all requested
information, analyses, plans, and specifications.
410 CANCELLATION OF APPLICATION: An authority to construct
or permit to operate application may be cancelled by
the Air Pollution Control Officer:
410.1 At the request of the applicant; or
410.2 If additional information has been requested
of the applicant in accordance with Section
403 without the subsequent submittal of
information within a reasonable time.
411 CANCELLATION OF PERMIT TO OPERATE: If, prior to the
surrender of the operating permit, the Air Pollution
Control Officer determines that the source or the
emissions unit has been removed or fallen into an
inoperable or un-maintained condition, the Air
Pollution Control Officer may notify the owner of the
intent to cancel the permit, providing the owner or
operator with 30 days to respond. If the owner cannot
demonstrate to the satisfaction of the Air Pollution
Control Officer that the owner intended to operate
again, or the owner does not respond within 30 days
from the date a second noticing of the District's
intent to cancel the permit is mailed by the District
to the owner or operator, then the Air Pollution
Control Officer may cancel the permit and deem the
source or emissions unit shutdown as of the last known
date the source or emissions unit discharged emissions.
411.1 The owner or operator may request an
extension of time, in writing prior to the
end of the 60 day period following the
initial notice, from the Air Pollution
Control Officer.
411.2 The Air Pollution Control Officer may grant
an extension of time not to exceed 90 days.
411.3 The owner or operator may claim emissions
reductions resulting from the shutdown in
accordance with the provisions of Rule 504,
EMISSION REDUCTION CREDITS, prior to the end
of the 60 day period following the initial
notice, or prior to the expiration of an
extension.
411.4 The Air Pollution Control Officer shall
advise, in writing, the owner or operator of
the stationary source or emissions unit for
which a permit is cancelled of the
cancellation decision.
411.5 The owner or operator may appeal the decision
to cancel the permit pursuant to Section 413
of this rule.
412 TEMPORARY PERMIT: The Air Pollution Control Officer
may issue a temporary permit to operate. The temporary
permit to operate shall specify a reasonable period of
time during which the article, machine, equipment, or
contrivance may be operated in order for the District
to determine whether it will operate in accordance with
the conditions specified in the permit.
413 APPEALS: Within ten days after notice, by the Air
Pollution Control Officer, of cancellation, suspension,
denial, or conditional approval of an authority to
construct, permit to operate, or emissions reduction
credit application, the applicant or any other
aggrieved person who participated in the permit
issuance proceedings may petition the Hearing Board, in
writing, for an order modifying or reversing that
decision. The Hearing Board after public notice and a
public hearing held within thirty days after filing the
petition, may sustain or reverse the action of the Air
Pollution Control Officer; such order may be made
subject to specified conditions.
414 COMPLIANCE DATES: Not withstanding earlier compliance
dates for sources subject to the requirements of Rule
507, OPERATING PERMIT PROGRAM, an application for a
permit to operate shall be submitted to the Air
Pollution Control Officer by March 21, 1994, for
existing equipment constructed prior to September 21,
1993, except:
414.1 Existing internal combustion engines
constructed prior to September 21, 1993, with
a manufacturer's continuous rating of less
than 150 brake horsepower and not subject to
Section 112.1 shall submit an application for
Permit to Operate by September 21, 1994.
414.2 Existing boilers constructed prior to
September 21, 1993, with a maximum heat input
greater than 10,000,000 Btu per hour (gross)
shall submit an application for Permit to
Operate by September 21, 1994.
414.3 Existing boilers constructed prior to
September 21, 1993, with a maximum heat input
less than 10,000,000 Btu per hour (gross) and
not subject to Section 112.2 shall submit an
application for Permit to Operate by March
21, 1995.
500 MONITORING AND RECORDS
501 TESTING PROCEDURES:
501.1 GENERAL REQUIREMENTS: Except as otherwise
specified in the District Rules and
Regulations, the State Implementation Plan,
and the applicable federal requirements of
Rule 507, FEDERAL OPERATING PERMITS PROGRAM,
testing methods for determining compliance
with emission limits shall be:
a. The appropriate methods adopted by the
California Air Resources Board and cited in
Title 17, California Code of Regulations,
Division 3, Subchapter 8, Compliance with
Nonvehicular Emission Standards; or
b. The appropriate methods of 40 CFR part 50,
Appendix M, Recommended Test Methods for
State Implementation Plans; or
c. Any appropriate method of 40 CFR part 60,
Appendix A, Test Methods; or
d. An alternative method following review and
approval of that method by the California Air
Resources Board and US Environmental
Protection Agency.
501.2 INITIAL BOILING POINT: ASTM D-1078-86, "Test
Method for Distillation Range of Volatile
Organic Liquids".
501.3 VAPOR PRESSURE: ASTM D-2879-86, "Vapor
Pressure-Temperature Relation and Initial
Decomposition Temperature of Liquids by
Isoteniscope".
502 MONITORING: As applicable, each emission source
subject to the requirements of Section 301 and 302
shall comply with the following monitoring
requirements:
502.1 The requirements of Title 40, Code of Federal
Regulations, Part 51, Appendix P, Minimum
Emission Monitoring Requirements.
502.2 The applicable federal requirements for
monitoring of Title V of the Federal Clean
Air Act as amended in 1990 (42 U.S.C. Section
7401 et seq.).
503 RECORDKEEPING:
503.1 The following records shall be maintained and
provided to the Air Pollution Control Officer
upon request.
a. Emissions monitoring and process data records
necessary for the determination and reporting
of emissions, in accordance with applicable
provisions of the District Rules and
Regulations, shall be maintained. Records
shall be kept for at least two years and
shall be kept 5 years for sources subject to
the applicable requirements of Title V and
Rule 507, FEDERAL OPERATING PERMIT PROGRAM.
b. Other records of the nature and amounts of
emissions or any other information as may be
deemed necessary by the Air Pollution Control
Officer to determine whether the stationary
source or emissions unit is in compliance
with applicable emission limitations,
credited emission reductions, exemptions from
rule provisions, or other requirements. The
information must include emission
measurements, continuous emission monitoring
system performance testing measurements,
performance evaluations, calibration checks
and adjustments, maintenance performed on
such monitoring systems, and other records
and reports required by Title 40, Code of
Federal Regulations, Part 51, Appendix P,
Minimum Emission Monitoring Requirements.
c. Operation and maintenance plans shall be
submitted to the District for all add-on
capture and control equipment for review and
approval by the Air Pollution Control
Officer. Such plans shall demonstrate,
though the use of specific recordkeeping
requirements, continuous operation of the
add-on control equipment when emission
producing operations are occurring. The plan
shall also specify records to be kept to
document the performance of required periodic
maintenance. Records shall be consistent
with compliance time frames and employ the
most recent US Environmental Protection
Agency recordkeeping guidance.
503.2 The Air Pollution Control Officer may require
recordkeeping to verify or maintain any
exemption.