NORTHERN SONOMA COUNTY AIR POLLUTION CONTROL DISTRICT

Regulation 5 -- Procedures for Issuing Permits to Operate for Sources Subject to Title V of the Federal Clean Air Act Amendments of 1990

(Adopted October 12, 1993)(Amended May 8, 2001)


Chapter VI -- PERMIT CONTENT REQUIREMENTS
[Reference: 40 CFR 70.6]

Rule 5.600 APPLICABLE FEDERAL REQUIREMENTS
[Reference: 40 CFR 70.3 (c) and 70.6(a)(1) and (b)]

A permit to operate issued pursuant to Regulation 5 shall contain permit conditions that will assure compliance with all 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:

(a) 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;

(b) 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

(c) 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.

Rule 5.610 GENERAL REQUIREMENTS FOR PERMIT CONTENT

A permit to operate issued pursuant to Regulation 5 shall contain conditions or terms consistent with 40 CFR Part 70.6, Permit Content, including:

(a) Equipment Identification

The permit shall identify the equipment to which a permit condition applies.


(b) Emission and Operational Limitations
[Reference: 40 CFR 70.6 (a)(1)]

The permit shall contain conditions that require compliance with all applicable federal requirements, including any operational limitations or requirements.


(c) Preconstruction Permit Requirements
[Reference: 40 CFR 70.2 Applicable Requirement (2) and 70.3(c)]

The permit shall include all of the preconstruction permit conditions for each emissions unit. The permit shall clearly identify those permit conditions which are federally enforceable and those which are not.



(d) Origin and Authority for Permit Conditions
[Reference: 40 CFR 70.6 (a)(1)(i)]

The permit shall identify the origin and authority for each permit term or condition.


(e) 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:

(1) Inspection of the stationary source, including equipment, work practices, operations, and emission-related activity;

(2) Inspection and duplication of records required by the permit to operate; and

(3) Source sampling or other monitoring activities.

(f) Compliance with Permit Conditions

The permit shall include the following provisions regarding compliance:


(1) The permittee shall comply with all permit conditions;

(2) The permit does not convey property rights or exclusive privilege of any sort;

(3) Violation of any permit condition is grounds for enforcement action by the District, including monetary civil penalties, permit termination, revocation and reissuance, modification, enforcement action, or denial of permit renewal;

(4) The "need to halt or reduce a permitted activity in order to maintain compliance" shall not constitute a defense for non-compliance with any permit condition;

(5) A pending permit action or notification of anticipated non-compliance does not stay any permit condition; and

(6) Within a reasonable time period, the permittee shall furnish any information requested by the Air Pollution Control Officer, in writing, for the purpose of determining compliance with the permit, or whether or not cause exists for a permit action or enforcement.


(g) 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.

Rule 5.615 RECORDKEEPING
[Reference: 40 CFR 70.6 (a)(3)(ii)]

A permit issued pursuant to Regulation 5 shall include recordkeeping conditions that require:


(a) Record maintenance of all monitoring and support information associated with any applicable federal requirement, including:

(1) Date, place, and time of sampling;

(2) Operating conditions at the time of sampling;

(3) Date, place, and method of analysis; and

(4) 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 Air Pollution Control Officer to ensure compliance with all applicable federal requirements.

Rule 5.620 MONITORING, TESTING, AND ANALYSIS

A permit issued pursuant to Regulation 5 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 504(b) of the Clean Air Act, and 40 CFR Part 64. Periodic monitoring shall be required as a condition to ensure that the monitoring is sufficient to yield reliable data which are representative of the source's compliance with permit conditions over the relevant time period.

Rule 5.625 REPORTING
[Reference: 40 CFR 70.6(a)(3)(iii)]

The permit shall include reporting conditions that require a responsible official to report the following information:

(a) Any deviation from permit requirements, including that attributable to upset conditions (as defined in the permit). This information shall be promptly reported to the Air Pollution Control Officer who will determine what constitutes "prompt" reporting in terms of the requirement, the 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 information previously reported to the Air Pollution Control Officer pursuant to subsection (a);

(c) All reports of a deviation from permit requirements shall include the probable cause of the deviation and any preventative or corrective action taken;

(d) A progress report shall be made on a compliance schedule at least semi-annually and shall include the date when compliance will be achieved, an explanation of why compliance was not, or will not be, achieved by the scheduled date, and a log of any preventative or corrective action taken; and

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

Rule 5.630 COMPLIANCE PLAN
[Reference: 40 CFR 70.5 (c)(8)]

A permit issued pursuant to Regulation 5 shall include a compliance plan that:

(a) Describes the compliance status of each 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 on a timely bases with any applicable federal requirement that will become effective during the permit term.

Rule 5.635 COMPLIANCE SCHEDULE
[Reference: 40 CFR 70.5 (c)(8)(iii)(C)]

A permit issued pursuant to Regulation 5 shall include a compliance schedule for any emissions unit which is not in compliance with current applicable federal requirements at the time of permit issuance, renewal, and modification (if the non-compliance is with units being modified). The compliance schedule shall resemble and be 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 and include the following requirements:

(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 on a timely bases with any future applicable federal requirement that will become effective during the permit term;

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

(d) For each emissions unit that is not in compliance with an applicable federal requirement, a schedule of progress reports submitted no less frequently than semi-annually which include: 1) the date when compliance will be achieved, 2) an explanation of why compliance was not, or will not be, achieved by the scheduled date, and 3) a log of any preventative or corrective actions taken.

Rule 5.640 EMERGENCY PROVISIONS
[Reference: 40 CFR 70.6 (g)]

A permit issued pursuant to Regulation 5 shall include the following emergency provisions:

(a) The responsible official shall submit to the District a signed contemporaneous log or other relevant evidence which demonstrates that:

(1) An emergency occurred;

(2) The permittee can identify the cause(s) of the emergency;

(3) The facility was being properly operated at the time of the emergency;

(4) All steps were taken to minimize the emissions resulting from the emergency; and

(5) 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;


(b) In any enforcement proceeding, the permittee has the burden of proof to establish that an emergency occurred; and

(c) In addition to the emergency provisions above, the permittee shall comply with the emergency provisions contained in all applicable federal requirements and District requirements.

Rule 5.650 COMPLIANCE CERTIFICATION
[Reference: 40 CFR 70.6 (b)(5)]

Each permit shall contain conditions for compliance certification which include the following requirements:

(a) The responsible official shall submit a compliance certification to the U.S. EPA and the Air Pollution Control Officer every 12 months or more frequently as specified in 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;

(c) The compliance certification shall include the compliance status 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 Clean Air Act.

(e) Compliance Certifications

Notwithstanding any other provision in any plan approved by the District, for the purpose of submission of compliance certifications the owner or operator is not prohibited from using the following in addition to any specified compliance methods:

(1) An enhanced monitoring protocol approved for the source pursuant to 40 CFR Part 64.

(2) Any other monitoring method approved for the source pursuant to 40 CFR 70.6(a)(3) and incorporated into a federally enforceable operating permit.


(f) Enforcement

Notwithstanding any other provision in the NSCAPCD implementation plan approved by the U.S.EPA, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any such plan.

(1) Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at a source.

(A) An enhanced monitoring protocol approved for the source pursuant to 40 CFR Part 64.

(B) A monitoring method approved for the source pursuant to 40 CFR 70.6(a)(3) and incorporated in a federally enforceable operating permit.

(C) Compliance test methods specified in the applicable plan approved in this part.


(2) The following testing, monitoring or information gathering methods are presumptively credible testing, monitoring or information-gathering methods:

(A) Any federally-enforceable monitoring or testing methods, including those in 40 CFR parts 51, 60, 61 and 75.

(B) Other testing, monitoring or information-gathering methods that produce information comparable to that produced by any method in (1) or (2) (A).

Rule 5.660 PERMIT LIFE
[Reference: 40 CFR 70.6 (a)(2)]

With the exception of acid rain units subject to Title IV of the Clean Air Act and solid waste incinerators subject to section 129(e) of the Clean Air Act, each permit issued pursuant to Regulation 5 to operate for any source shall include a condition for a fixed term not to exceed five years from the time of issuance. A permit to operate for an acid rain unit shall have a fixed permit term of five years. 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.

Rule 5.670 PAYMENT OF FEES
[Reference: 40 CFR 70.6 (a)(7)]
A permit issued pursuant to Regulation 5 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 Clean Air Act.


Rule 5.675 ALTERNATIVE OPERATING SCENARIOS
[Reference: 40 CFR 70.6 (a)(9)]

Where a responsible official requests that an alternative operating scenario be included in the permit for an emissions unit, a permit issued pursuant to Regulation 5 shall contain specific conditions for each operating scenario, including each alternative 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.

Rule 5.680 VOLUNTARY EMISSIONS CAPS
[Reference: 40 CFR 70.6 (a)(10)]

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 Air Pollution Control Officer, to permit one or more emissions unit(s) under a voluntary emissions cap. The permit for each such 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.

Rule 5.690 ACID RAIN UNITS SUBJECT TO TITLE IV
[Reference: 40 CFR 70.6 (a)(4)]

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 Clean Air Act and any federal standard or requirement promulgated pursuant to Title V of the Clean Air Act, 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 Clean Air Act 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 Clean Air Act 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 noncompliance with any applicable federal requirement or District requirement, including Regulation 1, Rule 220; and

(d) An acid rain unit's sulfur dioxide allowances shall be accounted for according to