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AIR DISTRICTS (APCD
OR AQMD)
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Operating Permits
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I.
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Who
Needs an Operating Permit? |
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With
few exceptions, anyone operating a facility that emits air pollutants
must obtain an operating permit from the local air pollution control
district (APCD) or the air quality management district (AQMD). The
operating permits of major facilities will need to include federal
Title V requirements in addition to local district
requirements. For the purposes of Title V, major facilities are
determined based upon the type and amount of emissions and, in some
cases, the severity of air pollution problems in the area where the
facility is located. |
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II.
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Where
Should the Developer-Applicant Apply? |
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Developer-applicants
should direct inquiries and applications to the APCD that issued the
Authority to Construct permit. |
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III.
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What
Information Should the Developer-Applicant Provide Upon Applications? |
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Each
Air District uses its own application form for the Permit to Operate.
In general, the Air District asks the applicant to certify that the
developer-applicant completed the construction according to
the terms and conditions of the Authority to Construct and
that the facility will meet the district's regulations. In addition,
the developer-applicant of a facility subject to Title V requirements
will need to certify that the facility will comply with any
applicable federal requirements. |
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IV.
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What
Application Fee Must the Developer-Applicant Submit? |
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Each
Air District uses its own Permit to Operate fee schedule. The Air
District will generally charge the applicant a permit fee equal to that
paid for the Authority to Construct, not including the initial filing
fee. If the Air District must collect samples to analyze the emission
from any source, it will charge the applicant a fee to cover its
expenses. The district may require an additional fee for facilities
with Title V requirements. Fees range from $100.00 to $10,000.00 in
major metropolitan areas. |
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V.
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How
Does the Air District Evaluate and Process the Application? |
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Criteria for Evaluation. The Air District evaluates
applications for a Permit to Operate to determine whether the
developer-applicant constructed the facility according to the
conditions of the Authority to Construct. The Air District
also determines whether the developer-applicant will comply with
the district's rules and regulations when operating
the facility. The air district will also determine compliance
with applicable federal regulations in the case of facilities
with Title V requirements. A compliance source test
may be required. If required, the test must be conducted by the
district or by an approved independent source testing
consultant. |
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Procedures. The Air District conducts, or
directs the developer-applicant to conduct, an
inspection of the above facility to determine
whether it meets the criteria described above. If the facility is
acceptable, the Air Pollution Control Officer (APCO) issues the
Operating Permit. This process generally takes from one to four months.
Depending on the Air District, the Operating Permit is usually
valid for one year. With respect to Title V requirements, if they
apply, the permit is usually valid for five years. |
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Appeals. If the APCO denies the Permit
to Operate, the applicant may appeal the decision to
the district's Hearing Board (Board) within 10 days of the
denial notice. The applicant must file a petition with the
Board and submit a fee ranging from $25.00 to $250.00. This petition
must include: |
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A.
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The Petitioner's Name, Address, and Telephone Number |
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B.
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The Type of Business or Activity Involved in the
Application |
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C.
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A Brief Description of the Article, Machine, or
Equipment Involved in the
Application and |
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D.
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The Reasons for the Denial and the Appeal. |
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The
Board conducts a public hearing to consider the appeal at which the
applicant, Air District staff, and the general public may
present testimony. The Board must reach a decision within
30 days of receipt of the appeal, unless the applicant and the
Air District agree to an additional 30 days. |
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The
Board mails its copy of its decision to the applicant, the Air
District, and all persons who testified at the public hearing.
The decision contains a brief statement of facts found by the Board
to be true, the Board's determination of the issues
involved, and its order. The decision generally becomes effective 30
days after the Board mails the copies to the parties listed
above. However, the Board has no authority in those cases
where the United States Environmental Protection Agency (U.S.
EPA) denies an operating permit based upon lack of compliance with
Title V requirements. |
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VI.
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What
Are the Developer-Applicant's Rights and Responsibilities After the
Permit is Granted? |
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Rights. To renew a Permit to Operate,
the developer-applicant may be required to pay a renewal
fee, which must be paid before the termination date of the
existing permit. The U.S. EPA or the Air Districts, if
requested by the agency, may revoke an operating permit if Title V
requirements have been violated. |
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Responsibilities. The Air Districts are
responsible for ensuring that facilities continue to operate according
to district rules and regulations and in compliance with applicable
Title V requirements. |
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VII.
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What
Are the Air District's Rights and Responsibilities After the Permit is
Granted? |
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Rights. The Air District may revoke a
Permit to Operate if the developer-applicant has not begun operating
the facility within one year of completing construction. The Board may
revoke a Permit to Operate if it finds after a public hearing, that the
developer-applicant has violated any district rules and regulations. |
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Responsibilities. The Air Districts are
responsible for ensuring that the emission sources continue to
operate according to the rules and regulations of their respective
districts. |
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VIII.
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What
Other Agencies Should the Developer-Applicant Contact? |
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By
the time the developer-applicant has applied for the Permit to Operate,
all other required development permits should have been obtained. |
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IX.
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What
Other Sources of Information Are Available to the Developer-Applicant? |
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Developer-applicants
may wish to refer to the publications listed below for further
information about air quality regulations: |
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A.
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Rules and Regulations / Permit Applications, Published by Each Air District |
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B.
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Clean Air Act (42 U.S.C. 1857 et seq.) |
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C.
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California Health and Safety Code, sections 39000-43834; and |
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D.
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California Air Pollution Control Laws, Published Annually by the Air
Resources Board. |
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These
publications are generally available at the local APCD / AQMD offices,
county or state law libraries, and at the Air
Resources Board, P.O. Box 2815, Sacramento, California 95812. |
