SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
REGULATION XIV - TITLE V OPERATING PERMITS
(Adopted 1/18/94: Revised 3/7/95) [EPA Approval 2/5/96: Effective 3/6/96] (Revision Adopted 5/23/01; Effective 30 days after EPA Approval)
RULE 1401 - GENERAL PROVISIONS
(Adopted 1/18/94: Revised 3/7/95)
Notwithstanding the provisions of Rule 11, this regulation shall apply to any stationary source that is:
(1) A major stationary source as defined in this regulation, or
(2) Subject to a standard, limitation or other requirement under Section 111 of the federal Clean Air Act or Regulation X, Standards of Performance for New Stationary Sources (NSPS), except as provided in Subsection (b)(1) of this rule, or
(3) Subject to a standard, limitation or other requirement under section 112 of the federal Clean Air Act or Regulation XI, National Emission Standards for Hazardous Air Pollutants (NESHAPS), except as provided in Subsection (b)(1) of this rule, or
(4) Subject to the acid rain provisions of Title IV of the federal Clean Air Act, or
(5) A solid waste incineration unit required to obtain a permit pursuant to Section 129(e) of the federal Clean Air Act.
Terms and conditions of permits imposed pursuant to this regulation may be incorporated into permits to operate
for emission units or for a group or groups of emission units at the stationary source. Terms and conditions imposed
pursuant to this regulation that are applicable to more than one emission unit at the stationary source may, if
appropriate, be incorporated into individual permits to operate by reference or through a common attachment.
Applicability of or exemption from this regulation does not constitute applicability of or exemption from any other provisions of these Rules and Regulations.
The provisions of Regulation XIV shall not apply to any of the following:
(1) Emission units at stationary sources that are not major stationary sources, until the federal Environmental Protection Agency (federal EPA) completes rulemaking that requires any such source to have a permit under Title V of the federal Clean Air Act.
(2) Stationary sources, source categories or emission units that would be required to obtain a permit solely because they are subject to 40 CFR Part 60 Subpart AAA, Residential Wood Heaters.
(3) Stationary sources, source categories, or emission units that would be required to obtain a permit solely because they are subject to 40 CFR Part 61 Subpart M, Asbestos Demolition and Renovation.
(4) Insignificant emission units as specified in Rule 1411 provided that such unit or units are not subject to any applicable requirement other than District Rules 50 and 51. This exemption shall not exclude the emissions from such insignificant emission units in determining the applicability of or fees associated with any provisions of this regulation or of Title V of the federal Clean Air Act to any stationary source.
(c) DEFINITIONS (Revised 5/23/01)
For purposes of Regulation XIV, the following definitions shall apply.
(1) "Abrasive Blast Cabinet" means an enclosure used to contain abrasive media and which can only be entered through ports for gloved arms and hands when abrasive blasting is conducted.
(2) "Actual Annual Emissions" means emissions from any stationary source established according to information gathered by means of annual emission inventory and confirmed accurate by the Air Pollution Control Officer.
(3) "Administrative Permit Amendment" means changes to the terms and conditions of a permit, which have been approved pursuant to this regulation. [See Rule 1410(i)]
(4) "Affected Source (Acid Rain)" means any emission unit that is subject to emission reduction requirements or limitations under Title IV of the federal Clean Air Act as amended in 1990.
(5) "Affected State" means any state that:
(i) is contiguous with California and whose air quality may be affected by a permit action, or
(ii) is within 50 miles of the source for which a permit action is being proposed.
For purposes of this rule, affected state includes any federally recognized eligible Indian tribe.
(6) "Aggrieved Person" means any person, including a person or group repre-senting the interest of the public in air quality, who alleges that the issuance of a Permit to Operate will infringe upon or deny such person's legal rights or the legal rights of the general public in respect to air quality.
(7) "Air Contaminant(s)" means any substance discharged, released, or other-wise propagated into the atmosphere and includes, but is not limited to, any combination of the following: volatile organic compounds, exempt compounds, oxides of nitrogen, particulate matter, gaseous sulfur compounds, carbon monoxide, smoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, odors, and federal hazardous air pollutant, including hazardous air pollutants identified in Section 112 of the federal Clean Air Act. Also included are Class I and Class II ozone depleting substances under Title VI of the federal Clean Air Act, any pollutant for which a national ambient air quality standard has been promulgated, and any substance subject to a standard promulgated under Sections 111 or 112 of the federal Clean Air Act.
(8) "Alternative Operating Scenario" means each coordinated set of alternative operational parameters and permit conditions proposed by an operator in a permit appli-cation and approved and implemented pursuant to this regulation.
(9) "Appeared, Submitted Written Testimony, or Otherwise Participated" means communicated specific substantive or procedural air pollution issues to the Air Pollution Control District (District) staff members who were responsible for permit to operate issuance, communicated with the Air Pollution Control Officer or his designee in the context of a formal public participation process, or testified before the Hearing Board in a formal proceeding. The term does not include mere expression of general interest or concern or oral communication outside of a formal public forum, whether by telephone or otherwise, with District staff members who were not directly responsible for issuance of the permit to operate. A party may show that it has otherwise participated in a matter by contemporaneous written documentation, or by declaration under oath.
(10) "Applicable Requirements" means:
(i) all federally enforceable requirements applicable to a stationary source prior to issuance of a permit to operate; and
(ii) any new federally enforceable requirements that become effective during the term of a permit.
(11) "Application Shield" means the protection from enforcement of the requirement to have a permit provided pursuant to Rule 1410(a).
(12) "Architectural Surface Coating" means any coating applied to stationary structures and their appurtenances coated onsite or in close proximity to the intended installed location, to mobile homes, to pavement, or to curbs.
(13) "Complete Application" means an application for which the applicant has provided all information required under Rule 1414(f) or an application deemed to be complete pursuant to Rule 1414(i)
(14) "Contiguous Property" means two or more parcels of land with a common boundary or separated solely by a public or private roadway or other public or private right-of-way. Non-adjoining parcels of land separated solely by bodies of water desig-nated "navigable" by the U. S. Coast Guard shall not be considered contiguous properties.
(15) "Emission Unit" means any non-vehicular article, machine, equipment, contrivance, process or process line, which emit(s) or reduce(s) or may emit or reduce the emission of any air contaminant.
(16) "Exempt Compound" means, with regard to the definition of volatile organic compounds, any of the following:
Cyclic, branched, or linear, completely fluorinated alkanes
Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations
Cyclic, branched, or linear, completely fluorinated tertiary amines with no
Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds
only to carbon and fluorine
Any other compound(s) listed as negligibly reactive by the U.S. Environmental Protection Agency.
(17) "Federal Hazardous Air Pollutant" means any air pollutant which is listed pursuant to Section 112 of the federal Clean Air Act.
(18) "Federal Non-Attainment Pollutant" means any air pollutant for which San Diego County, or portion thereof, has been classified as exceeding a national ambient air quality standard (NAAQS) by the federal EPA.
(19) "Federally Enforceable Requirement" for purposes of this regulation, means all of the following as they apply to emission units at a stationary source. Requirements that have been promulgated or approved by the federal EPA through rule making at the time a permit to operate is issued, but which have future effective compliance dates, are federally enforceable requirements if listed below:
(i) Any standard or other requirement provided for in the State Implemen-tation Plan (SIP), including any revisions approved or promulgated by the federal EPA through rule making under Title I of the federal Clean Air Act.
(ii) Any term or condition of an Authority to Construct issued pursuant to these rules and regulations which term or condition is imposed pursuant to any federally mandated new source review (NSR) or prevention of significant deterioration (PSD) regulation.
(iii) Any standard or other requirement under Sections 111 or 112 of the federal Clean Air Act.
(iv) Any standard or other requirement of the Acid Rain Program under Title IV of the federal Clean Air Act or the regulations promulgated thereunder.
(v) Any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the federal Clean Air Act (enhanced monitoring and compliance certifications).
(vi) Any standard or other requirement governing solid waste incineration under Section 129 of the federal Clean Air Act.
(vii) Any standard or other requirement for consumer and commercial products under Section 183(e) of the federal Clean Air Act.
(viii) Any standard or other requirement for tank vessels under Section 183(f) of the federal Clean Air Act.
(ix) Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under Section 328 of the federal Clean Air Act.
(x) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under of the federal Clean Air Act unless the Admin-istrator of the federal EPA has determined that such requirements need not be contained in a permit to operate.
(xi) Any national ambient air quality standard or air quality increment or visibility requirement under Part C of Title I of the federal Clean Air Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the federal Clean Air Act.
(20) "Federally Mandated New Source Review (NSR)" means new source review that would be required by the approved State Implementation Plan (SIP).
(21) "Final Permit Action" means a decision by the Air Pollution Control Officer to grant, deny or cancel an application for a permit to operate, modification or renewal; solely for purposes of seeking judicial review, a failure by the Air Pollution Control Offi-cer to take action on an application within the time periods specified in this regulation; a decision by the Hearing Board altering a permit action by the District; or a decision by the federal EPA to veto a permit or to modify, terminate or revoke a permit or to issue a permit that differs from the permit proposed for issuance by the Air Pollution Control Officer.
(22) "Fugitive Emissions" means those quantifiable non-vehicular emissions which could not reasonably pass through a stack, chimney, flue, vent, or other functionally equivalent opening.
(23) "Hearing Board" means the Hearing Board of the Air Pollution Control District of San Diego County as authorized by the California Health and Safety Code.
(24) "In-Scope Permit Actions" means actions not inconsistent with applicable permit conditions, including alternative conditions under any approved alternative operating scenario during the period for which the operator has designated that scenario as applicable.
(25) "Insignificant Unit" means any of the equipment as specified in Rule 1411 and listed in Appendix A of this regulation. An insignificant unit shall not include any unit subject to an applicable requirement other than District Rules 50 and 51.
(26) "Major Stationary Source" means any stationary source which emits or has the potential to emit one or more air contaminants in amounts equal to or greater than any of the following emission rates:
(i) 50 tons per year of volatile organic compounds or oxides of nitrogen.
(ii) 10 tons per year of any federal hazardous air pollutant.
(iii) 25 tons per year of any combination of federal hazardous air pollutants.
(iv) 100 tons per year or more of any regulated air pollutant (including any fugitive emission of any such pollutant, as determined by rule by the Administrator of the federal EPA). The fugitive emissions from the stationary source shall not be considered unless the stationary source belongs to one of the following categories of sources:
1. All other stationary source categories regulated by a standard promulgated under Section 112 of the federal Clean Air Act, but only with respect to those air pollutants that have been regulated for that category. 2. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units (Btu) per hour head input 3. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units (Btu) per hour heat input 4. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels 5. Municipal incinerators capable of charging more than 250 tons of refuse per day 6. Coal cleaning plants (with thermal dryers) 17. Coke oven batteries 7. Kraft pulp mills 18. Sulfur recovery plants 8. Portland cement plants 19. Carbon black plants (furnace process) 9. Primary zinc smelters 20. Primary lead smelters 10. Iron and steel mills 21. Fuel conversion plants 11. Primary aluminum ore reduction plants 22. Sintering plants 12. Primary copper smelters 23. Secondary metal production plants 13. Hydrofluoric, sulfuric, or nitric acid plants 24. Chemical process plants 14. Petroleum refineries 25. Taconite ore processing plants 15. Lime plants 26. Glass fiber processing plants 16. Phosphate rock processing plants 27. Charcoal production plants
(27) "Minor Permit Modification" means any modification to a permit issued pursuant to this regulation that would not trigger federally-mandated new source review. A permit modification shall not qualify as minor if the permit modification:
(i) Causes a violation of any applicable requirement;
(ii) Involves significant relaxation to monitoring, recordkeeping, or reporting requirements;
(iii) Requires the establishment of, or requires a change in an existing federally-mandated source-specific emission limitation or standard (e.g., a case-by-case determination of control requirements for federal hazardous air pollutants under Section 112 of the federal Clean Air Act), or a federally-mandated source-specific determination for temporary sources of ambient impacts on air quality, or a visibility or air quality increment analysis;
(iv) Changes permit terms and conditions (e.g., a voluntary emissions cap) for which there is no applicable requirement(s), but which terms and conditions the source accepted in order to qualify as exempt from an otherwise applicable requirement;
(v) Is a "modification" under any provision of Title I of the federal Clean Air Act, or results in an emissions increase that would trigger federally-mandated new source review; or
(vi) Is a change involving a federal hazardous air pollutant that is subject to review and required to install Maximum Achievable Control Technology (MACT) under Section 112(g) of the federal Clean Air Act.
(28) "Modification" means any physical or operational change in any emission unit, or the addition of an emission unit at a stationary source, which would result in increased emissions of any air contaminant currently emitted, or emissions of air contaminants not previously emitted, except:
(i) Identical replacement in whole or in part of any emission unit at a stationary source, where a permit to operate has previously been granted for such emission unit, is not a modification.
(ii) The addition of an insignificant unit or units is not a modification.
(iii) The following changes shall not be considered modifications provided that such changes are not contrary to any permit conditions intended to limit emissions, to any emission limit established in the permit or implied by a permit condition, or to any applicable requirement of these Rules and Regulations:
(A) an increase in production rate and/or an increase in hours of operation;
(B) use of an alternate raw material;
(C) use of an alternate production method that reduces the generation of or allows for the reuse or recycling of wastes;
(D) actions pursuant to a temporary authorization issued under Subsection (b)(2) of Rule 1410 are not modifications for so long as the temporary authorization is effective, or
(E) relocation of equipment, designated as portable on the permit to operate, from one stationary source to another.
For purposes of this regulation, a modification does not have the same meaning as a permit amendment or permit modification. A modification may, but does not necessarily, require a permit amendment or permit modification and a permit amendment or permit modification may be required even if the change does not qualify as a modification.
(29) "National Ambient Air Quality Standards (NAAQS)" means maximum allowable ambient air concentrations for specified air contaminants and monitoring periods as established by the federal EPA.
(30) "Non-Vehicular" as used in this regulation means the same as "non-vehicular sources" as defined in Section 39043 of the California Health and Safety Code.
(31) "Organic Compound" means the same as volatile organic compound.
(32) "Organic Solvent" means organic materials which are liquids at standard conditions and which are used as dissolvers, viscosity reducers, extractants, or cleaning agents, or are reactants or products in manufacturing processes except materials which exhibit an initial boiling point of 450°F (232°C) or higher at 760 mm Hg, unless these materials are exposed to temperatures exceeding 200°F (93.3°C).
(33) "Particulate Matter (PM10)" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 microns as measured by an applicable refer-ence test method or methods found in Article 2, Subchapter 8, Title 17, of the California Code of Regulations Section 94100 et seq.
(34) "Permit to Operate" means authorization to operate an emission unit or combination of emission units as specified and issued by the Air Pollution Control Officer on a form or forms prescribed by the Air Pollution Control Officer. Unless otherwise specified, the term permit to operate refers to permits issued pursuant to this regulation.
(35) "Permit" means the same as permit to operate.
(36) "Permit Shield" means the protection from enforcement of certain applicable requirements in the manner and to the extent provided in Rule 1410(p).
(37) "Potential to Emit" means the capacity of a stationary source to emit air pollutants, based on its physical and operational design, taking into consideration any federally-enforceable requirements applicable to the source. Potential to emit includes fugitive emissions, except to the extent such emissions are excluded under the definition of "major stationary source" in this regulation.
(38) "Quantifiable" means that a reliable basis for calculating the amount, rate, nature and characteristics of an emission reduction can be established.
(39) "Regulated Air Pollutant" means any of the following:
(i) Oxides of nitrogen and volatile organic compounds.
(ii) Any pollutant for which a national ambient air quality standard has been promulgated pursuant to Section 109 of the federal Clean Air Act.
(iii) Any pollutant subject to a new source performance standard promul-gated pursuant to Section 111 of the federal Clean Air Act.
(iv) Any ozone-depleting compound specified as a Class I or Class II substance pursuant to Title VI of the federal Clean Air Act.
(v) Any federal hazardous air pollutant subject to a standard or requirement promulgated pursuant to Section 112 of the federal Clean Air Act.
(40) "Related Emission Units" means emission units, where the operation of one emission unit is dependent upon, or affects the process or operation (which may include duration of operation) of another emission unit, as determined by the Air Pollution Control Officer.
(41) "Reopening of the Permit to Operate" means reconsideration of a permit to operate or modification of a permit to operate as provided in Rule 1410(o).
(42) "Responsible Official" means, for each source required to have a permit, any one of the following:
(i) For a corporation:
(A) corporation president,
(B) corporation secretary,
(C) corporation treasurer,
(D) corporation vice-president,
(E) any other person who performs policy or decision-making functions for the corporation similar to (A), (B), (C) or (D), or
(F) a duly authorized designated representative of any of the above persons 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:
(1) the facility employs more than 250 persons or has gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
(2) the delegation of authority to such representatives is approved in advance by the permitting authority.
(ii) For a partnership or sole proprietorship:
(A) a general partner, or
(B) the proprietor, respectively.
(iii) For a municipality, state, federal, or other public agency:
(A) the principal executive officer, or
(B) a ranking elected official.
For the purposes of this paragraph, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the federal EPA).
(iv) For affected sources (Acid Rain):
(A) the designated representative for purposes of actions, standards, requirements, or prohibitions under Title IV of the federal Clean Air Act or regulations promulgated thereunder, as they exist on January 18, 1994; and
(B) the designated representative for any other purposes under these rules and regulations or 40 CFR Part 70 as it exists on January 18, 1994.
(43) "Section 502(b)(10) Change" means a change, pursuant to Section 502(b)(10) of the federal Clean Air Act, that contravenes the express terms and conditions of a permit to operate, but which does not violate any applicable requirement or a federally-enforceable permit term establishing monitoring, recordkeeping, reporting or compliance certification requirements.
(44) "Significant Permit Modification" means any modification to a permit issued pursuant to this regulation that is not an administrative amendment or a minor modifica-tion, or any modification to such permit which:
(i) Causes a violation of any applicable requirement; or
(ii) Involves significant change in existing monitoring permit terms or conditions or relaxation to monitoring, recordkeeping, or reporting requirements; or
(iii) Requires the establishment of, or requires a change in, an existing federally-mandated source-specific emission limitation or standard (e.g., a case-by-case determination of control requirements for federal hazardous air pollutants under Section 112 of the federal Clean Air Act), or a federally-mandated source-specific determination for temporary sources of ambient impacts on air quality, or a visibility or air quality increment analysis; or
(iv) Changes permit terms and conditions (e.g., a voluntary emissions cap) for which there is no applicable requirement(s), but which terms and conditions the source accepted in order to