SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 1420 - STANDARDS FOR GRANTING PERMITS
(Adopted 1/18/94: Revised 3/7/95)
The Air Pollution Control Officer shall deny a permit to operate, except as provided in Rule 1421, unless the requirements of this rule are met.
(b) New Terms and Conditions
The Air Pollution Control Officer shall not impose any new or additional terms or conditions on any emission
unit presently under permit that were not previously required in the currently valid permit to operate for that
unit (or, if the unit is new, in permits to operate for similar units at other sources), unless:
(c) Provisions for Sampling and Testing
Before a permit to operate is granted, the Air Pollution Control Officer may require the applicant to provide and maintain such additional facilities for sampling and testing purposes as may be necessary to monitor compliance with any terms and conditions of the permit to operate that were not already contained in the existing permits to operate for the source. 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 and testing equipment. The platform and access shall be constructed in accordance with the General Industrial Safety Orders of the State of California.
(d) Incorrect Information in an Application
In acting upon a permit application, if the Air Pollution Control Officer finds that an emission unit does not correspond to the information in the permit application, he shall request clarifying or supplemental information. If satisfactory information is not received within 90 days of this request, or any longer period specified in the request, the Air Pollution Control Officer may cancel the application.
(e) Applications Proposing Trading Under an Emissions Cap
If an applicant proposes internal trading under a federally enforceable emissions cap to be established in the permit to operate independent of otherwise applicable requirements, the Air Pollution Control Officer shall approve the proposed trading provisions only if the applicant demonstrates, or the Air Pollution Control Officer otherwise determines, that the permit will specify replicable procedures that ensure that trades are enforceable, accountable and quantifiable. The terms and conditions of the permit allowing such emissions trading must ensure compliance with all applicable requirements.
For trades to be enforceable, the requirements applicable to emission units involved in a trade must be clear and unambiguous, and it must be practicable to determine compliance with those requirements. For trades to be accountable, it must be clear how trades will affect emissions from the source. For trades to be quantifiable, the permit must specify measuring techniques, including test methods, monitoring, recordkeeping and reporting requirements, as appropriate, which will be used to measure emissions.
(f) Specific Compliance Requirements
The Air Pollution Control Officer shall deny a permit to operate or revised permit to operate, except as provided
in Rule 1421, if the applicant does not show in its permit application that every emission unit at the source can
be operated in compliance with:
(g) Compliance Schedules
In acting upon a permit or modification application, if the Air Pollution Control Officer finds that the source is in compliance with all applicable requirements except those for which the Hearing Board has issued a variance, the Air Pollution Control Officer may approve the application provided a compliance plan is included with the application which meets the requirements of Rule 1414 (f)(3)(viii) and a compliance schedule and a requirement for submission of certified progress reports no less frequently than every six months are included as conditions of the permit to operate pursuant to Rule 1421.
(h) notification requirements mandatory
The Air Pollution Control Officer shall not issue a permit to operate unless all applicable provisions of Rule 1415, Permit Process-Public Notification, have been met.
(i) Federal environmental protection agency (EPA) Objections
The Air Pollution Control Officer shall not issue a permit to operate required by this regulation if the Administrator of the federal EPA objects, within the review periods specified in Rule 1410, to such issuance. In such case, a permit to operate shall not be issued by the Air Pollution Control Officer except in a form consistent with the objection, or after the Administrator withdraws the objection.