BAY AREA AIR QUALITY MANAGEMENT DISTRICT

 

REGULATION 2
PERMITS
RULE 6
MAJOR FACILITY REVIEW

INDEX

2-6-100 GENERAL

2-6-101 Description

2-6-110 Exemption, Asbestos

2-6-111 Exemption, Wood Heaters

2-6-112 Exemption, Motor Vehicles

2-6-200 DEFINITIONS

2-6-201 Administrative Permit Amendment

2-6-202 Applicable Requirements

2-6-203 Clean Air Act

2-6-204 Designated Facility

2-6-205 Early Reduction Demonstration

2-6-206 Facility

2-6-207 Federally Enforceable

2-6-208 Fossil Fuel

2-6-209 Fugitive Emissions

2-6-210 Hazardous Air Pollutant

2-6-211 Independent Power-Production Facility

2-6-212 Major Facility

2-6-213 Major Facility Review (MFR)

2-6-214 Major Facility Review Permit

2-6-215 Minor Permit Modification

2-6-216 Operating Scenarios

2-6-217 Phase II Acid Rain Facility

2-6-218 Potential to Emit

2-6-219 Preconstruction Permit or Review

2-6-220 Qualifying Facility

2-6-221 Qualifying Power Purchase Agreement

2-6-222 Regulated Air Pollutant

2-6-223 Responsible Official

2-6-224 Schedule of Compliance

2-6-225 Severability Clause

2-6-226 Significant Permit Modification

2-6-227 Simple Combustion Turbine

2-6-228 Source

2-6-229 Subject Solid Waste Incinerator Facility

2-6-230 Synthetic Minor Facility

2-6-231 Synthetic Minor Operating Permit

2-6-232 Synthetic Minor Operating Permit Modification

2-6-233 Permit Shield

2-6-234 Program Effective Date

2-6-300 STANDARDS

2-6-301 Major Facility Review Requirement

2-6-302 Major Facility Review Requirement for Phase II Acid Rain Facilities

2-6-303 Major Facility Review Requirement for Subject Solid Waste Incinerator Facilities

2-6-304 Major Facility Review Requirement for Designated Facilities

2-6-305 Operational Flexibility

2-6-306 Emissions Trading

2-6-307 Non-compliance, Major Facility Review

2-6-308 Major Facility Review and Other District Permitting Requirements

2-6-309 Prohibited Modifications

2-6-310 Synthetic Minor Operating Permit Requirement

2-6-311 Non-compliance, Synthetic Minor Facilities

2-6-400 ADMINISTRATIVE REQUIREMENTS

2-6-401 Facilities Affected

2-6-402 Fees

2-6-403 Application for Major Facility Review Permit, Permit Renewal, or Permit Modification

2-6-404 Timely Application for Major Facility Review Permit

2-6-405 Complete Application for a Major Facility Review Permit

2-6-406 Application for Minor Permit Modification

2-6-407 Application Shield

2-6-408 Completeness Determination

2-6-409 Permit Content

2-6-410 Final Action for Initial Permit Issuance, Five-Year Renewal, Reopenings, and Revisions

2-6-411 Reports to EPA and Public Petitions for Major Facility Review Permits

2-6-412 Public Participation, Major Facility Review Permit Issuance

2-6-413 Administrative Permit Amendment Procedures

2-6-414 Minor Permit Modification Procedures

2-6-415 Reopening for Cause

2-6-416 Term for Major Facility Review

2-6-417 Operational Flexibility Procedures

2-6-418 Emissions Trading Procedures

2-6-419 Availability of Information

2-6-420 Application for a Synthetic Minor Operating Permit

2-6-421 Timely Application for a Synthetic Minor Operating Permit

2-6-422 Complete Application for a Synthetic Minor Operating Permit

2-6-423 District Procedures for Synthetic Minor Operating Permits

2-6-500 MONITORING AND RECORDS

2-6-501 Recordkeeping

2-6-502 Monitoring Reports

2-6-600 MANUAL OF PROCEDURES

2-6-601 Major Facility Review Permit Procedures

2-6-602 Synthetic Minor Operating Permit Procedures


 

REGULATION 2
PERMITS
RULE 6
MAJOR FACILITY REVIEW

(Adopted November 3, 1993)

2-6-100 GENERAL

2-6-101 Description: The purpose of this rule is to implement the operating permit requirements of Title V of the federal Clean Air Act as amended in 1990. This rule shall apply to major facilities, phase II acid rain facilities, subject solid waste incinerator facilities, and any facility in a source category designated by the Administrator of the EPA as requiring a Title V permit. This rule also provides a means by which facilities may avoid the Title V requirements by limiting their potential to emit such that they are not major facilities. This rule shall not alter any other requirements of applicable federal, state, or District orders, rules or regulations.
2-6-110 Exemption, Asbestos: Any demolition or renovation of an asbestos-containing source that requires a permit solely because it is subject to Regulation 11, Rule 2, Asbestos Demolition, Renovation, and Manufacturing, is exempt from this regulation.
2-6-111 Exemption, Wood Heaters: Any wood heater that requires a permit solely because it is subject to Regulation 10, Subpart AAA, is exempt from this regulation.
2-6-112 Exemption, Motor Vehicles: Engines used to propel motor vehicles, as defined in the California Vehicle Code, are exempt from this regulation.

2-6-200 DEFINITIONS

2-6-201 Administrative Permit Amendment: A nonsubstantive amendment to a major facility review permit. Such amendments include, but are not necessarily limited to, the following: changes in recordkeeping format that are not relaxations of applicable requirements, the correction of typographical errors, the identification of administrative changes at a facility (such as a replacement of the facility's responsible official or a change in ownership or operational control of the facility which involves no physical or operational changes to the facility), or the imposition of new or more frequent emission monitoring requirements.
2-6-202 Applicable Requirements: Air quality requirements with which a facility must comply pursuant to the District's regulations, codes of California statutory law, the federal Clean Air Act, other provisions of the United States Code, and the Code of Federal Regulations.
2-6-203 Clean Air Act: The federal Clean Air Act, as amended in 1990, including the implementing regulations.
2-6-204 Designated Facility: Any facility, other than a major facility, phase II acid rain facility, or subject solid waste incinerator facility, as defined by this rule, that falls within a source category designated as subject to the requirements of Title V of the federal Clean Air Act by the EPA Administrator after the effective date of this rule.
2-6-205 Early Reduction Demonstration: A 90% reduction in hazardous air pollutants or a 95% reduction in particulate hazardous air pollutants achieved pursuant to Section 112(i)(5) of the federal Clean Air Act.
2-6-206

Facility: Any property, building, structure, or installation (or any aggregation of facilities) located on one or more contiguous or adjacent properties and under common ownership or control of the same person that emits or may emit any air pollutant and is considered a single major industrial grouping (identified by the first two-digits of the applicable code in The Standard Industrial Classification Manual). In addition, facilities whose operations include cargo loading or unloading from cargo carriers other than motor vehicles shall include the cargo carriers as part of the source which receives or loads the cargo. Accordingly, all emissions from such carriers while operating in the District, or within California Coastal Waters adjacent to the District, shall be included as part of the source emissions.

206.1 Notwithstanding the definition in Section 2-6-206 above, the emissions related to cargo carriers will not be included when determining applicability of the requirements of Sections 2-6-301 and 310.

2-6-207 Federally Enforceable: All limitations and conditions which are enforceable by the Administrator of the U. S. EPA, including requirements developed pursuant to 40 CFR Parts 60 (NSPS), 61 (NESHAPS), 63 (HAP), 70 (State Operating Permit Programs), and 72 (Permits Regulation, Acid Rain), requirements contained in the State Implementation Plan (SIP) that are applicable to the District, any District permit requirements established pursuant to 40 CFR 52.21 (PSD) or District regulations approved pursuant to 40 CFR Part 51, Subpart I (NSR), and any operating permits issued under an EPA-approved program that is a part of the SIP and expressly requires adherence to any permit issued under such program.
2-6-208 Fossil Fuel: Natural gas, petroleum, and coal, or any form of solid, liquid, or gaseous fuel derived from such materials for the purpose of creating useful heat.
2-6-209 Fugitive Emissions: All emissions from unintended openings in process equipment, emissions occurring from miscellaneous activities relating to the operation of a facility, and emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
2-6-210 Hazardous Air Pollutant: Any pollutant that is listed pursuant to Section 112(b) of the Clean Air Act.
2-6-211

Independent Power-Production Facility: A facility that generates electricity and fulfills the following conditions:

211.1 The facility must be nonrecourse project-financed as defined in 10 CFR 715;

211.2 The facility must sell 80 percent or more of its electrical output at wholesale;

211.3 Direct public utility ownership of the equipment must not exceed 50 percent;

211.4 The facility must have commenced operation after November 14, 1990; and

211.5 The facility must be required to hold allowances under Title IV of the Clean Air Act.

2-6-212

Major Facility: For the purposes of Regulation 2, Rule 6, a major facility is either of the following:

212.1 Major Facility (Regulated Air Pollutants): A facility that has the potential to emit 100 tons per year or more of any regulated air pollutant. For fugitive emissions of said pollutants, only those from facility categories listed in 40 CFR 70.2 "Definitions - Major source (2)" shall be included in determining whether the facility is a major facility. Once any facility is determined to be a major facility, all fugitive emissions from the facility shall be included in calculating the facility's emissions.

212.2 Major Facility (Hazardous Air Pollutants): A facility that has the potential to emit 10 tons per year or more of a single hazardous air pollutant, 25 tons per year or more of a combination of hazardous air pollutants, or such lesser quantity as the EPA Administrator may establish by rule. All fugitive emissions of hazardous air pollutants are included in determining a facility's potential to emit. For radionuclides, the definition of a major facility shall be specified by the EPA Administrator by rule.

2-6-213 Major Facility Review (MFR): Plantwide review of sources, emissions, and regulatory requirements at facilities including, but not limited to, major facilities, phase II acid rain facilities, subject solid waste incinerator facilities, and designated facilities, which are potentially subject to the permitting requirements of Regulation 2, Rule 6 and of Title V of the Clean Air Act.
2-6-214 Major Facility Review Permit: An operating permit issued to a major facility, phase II acid rain facility, subject solid waste incinerator facility, or designated facility, pursuant to the requirements of this rule.
2-6-215

Minor Permit Modification: Any modification to a federally enforceable condition on a major facility review permit which

215.1 is not a significant permit modification; and

215.2 is not an administrative permit amendment; and

215.3 does not violate any applicable requirement which is federally enforceable.

2-6-216 Operating Scenarios: All modes of facility operation to be permitted, including normal operating conditions, start-up, and shutdown. This shall include all planned or reasonably foreseeable process, feed, and product changes. Operating scenarios must meet all applicable requirements.
2-6-217

Phase II Acid Rain Facility: A facility that includes fossil-fueled combustion equipment that is used to generate electricity for sale as designated below:

217.1 A facility with a fossil-fueled combustion device that serves a generator with a nameplate capacity over 25 MW except cogeneration facilities, qualifying facilities, independent power production facilities, or solid waste incinerator facilities as described below;

1.1 A facility with a fossil-fueled combustion device that commenced commercial operation after November 14, 1990 and that serves a generator with a nameplate capacity under 25 MW is a Phase II acid rain facility unless the facility complies with and obtains an exemption per 40 CFR 72.7.

217.2 A cogeneration facility with a fossil-fueled combustion device that sells more than 219,000 MW-hrs annually and more than one-third of its potential electric output capacity to any utility power distribution system, unless it is a qualifying facility or an independent power plant;

217.3 A solid waste incinerator that burns fossil fuels for 20 percent or more (on a BTU basis) of the total energy input during any calendar year; or

217.4 A qualifying facility or an independent power plant that does not meet both of the following conditions:

4.1 Possession as of November 15, 1990 of qualifying power purchase commitments to sell at least 15 percent of its total planned net output capacity; and

4.2 The net output capacity of the equipment cannot exceed 130 percent of the planned net output capacity.

217.5 The following are not Phase II Acid Rain Facilities:

5.1 Simple combustion turbines that commenced operation before November 15, 1990;

5.2 A fossil-fueled combustion device built before November 15, 1990, and that did not, as of November 15, 1990, and does not currently, serve a generator with a nameplate capacity of greater than 25 MW;

5.3 A fossil-fueled combustion device that, during 1985, and as of November 15, 1990, and currently, does not serve a generator that produced or produces electricity for sale; and

5.4 A fossil-fueled combustion device that commenced commercial operation on or after November 15, 1990, and serves a generator with a capacity not greater that 25 MW, burns fuel with a sulfur content that is less than 0.05 percent, and that complies with the requirements of 40 CFR 72.7.

2-6-218 Potential to Emit: The maximum capacity of a facility to emit a pollutant, based on its physical and operational design. Any physical or operational limitation on the capacity of the facility to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as a part of its design only if the limitation, or the effect it would have on emissions, is federally enforceable.
2-6-219

Preconstruction Permit or Review: A permit authorizing either construction or a review of construction plans prior to construction, including

219.1 An authority to construct permit issued pursuant to District Regulation 2, Rule 1;

219.2 An authority to construct permit issued pursuant to District Regulation 2, Rule 2;

219.3 A preconstruction review to determine the ability of a proposed source or source modification to comply with applicable New Source Performance Standards pursuant to District Regulation 10;

219.4 A preconstruction review conducted prior to a significant modification to a major facility review permit for a physical or operational change that would be prohibited by an existing federally enforceable condition;

219.5 A preconstruction review conducted prior to a physical or operational change to a synthetic minor facility that would increase the facility's potential to emit to above the threshold for a major facility. Such review must be associated with an application for a major facility review permit for said facility.

2-6-220

Qualifying Facility: One of two types of power-generating facilities pursuant to Title 16, Section 796, of the United States Code:

220.1 A cogeneration facility that is not owned by a public utility and is certified by the Federal Energy Regulatory Commission as a qualifying facility; or

220.2 A power production facility that is not owned by a public utility, has an output capacity not greater than 80 MW, uses biomass, waste, renewable resources, geothermal resources, solar energy, wind energy, or any combination of the above as its primary energy source, and is certified by the Federal Energy Regulatory Commission as a qualifying facility.

2-6-221 Qualifying Power Purchase Agreement: Defined in 40 CFR 72.2.
2-6-222

Regulated Air Pollutant: The following air pollutants (as defined in Regulation 1) are regulated:

222.1 Nitrogen oxides and volatile organic compounds;

223.2 Any pollutant for which a national ambient air quality standard has been promulgated;

222.3 Any Class I or Class II ozone depleting substance subject to a standard promulgated under Title VI of the Clean Air Act; and

222.4 Any pollutant that is subject to any standard promulgated under Section 111 of the Clean Air Act.

222.5 Any pollutant that is subject to any standard promulgated under Section 112 of the Clean Air Act.

2-6-223

Responsible Official: The responsible official will vary depending upon the type of facility, and shall be designated as follows:

223.1 Corporation: The responsible official shall be a president, secretary, treasurer, or vice president in charge of a principal business function or shall otherwise be a duly authorized representative if:

1.1 the representative is responsible for the overall operation of the facility, and

1.2 either the duly authorized representative is responsible for the operation of facilities that employ more than 250 persons or that have gross annual sales or expenditures exceeding $25 million in 1980 dollars or the APCO has approved a petition from the original responsible official to allow the duly authorized representative to be the responsible official.

223.2 Partnership or Sole Proprietorship: general partner or proprietor.

2.1 Partnership of Corporations: The responsible official shall be the responsible official of any of the partner corporations.

223.3 Municipality, State, Federal, or Other Public Agency: The principal executive officer or ranking elected official.

223.4 Phase II Acid Rain Facilities: The designated representative pursuant to 40 CFR 72.20 through 72.25.

2-6-224 Schedule of Compliance: A schedule of remedial measures issued by the District's Hearing Board, including an enforceable sequence of actions leading to compliance with all federally enforceable applicable requirements.
2-6-225 Severability Clause: A statement in a permit issued under this rule that, in the case of a challenge to any part of the permit by EPA, the facility's owner or operator, or any other person, the remaining parts of the permit will remain valid.
2-6-226

Significant Permit Modification: Any modification to a federally enforceable condition contained in a major facility review permit that can be defined as follows:

226.1 The incorporation of a change considered a major modification under 40 CFR Parts 51 (NSR) or 52 (PSD);

226.2 The incorporation of a change considered a modification under in 40 CFR Parts 60 (NSPS), 61 (NESHAPS), or Section 112 of the Clean Air Act (HAP);

226.3 Any significant change or relaxation of any applicable monitoring, reporting or recordkeeping condition;

226.4 The establishment of or change to a permit term or condition allowing a facility to avoid an applicable requirement, including:

4.1 a federally enforceable emission limit assumed in order to avoid classification as a modification under any provision of Title I of the federal Clean Air Act, or

4.2 an alternative hazardous air pollutant emission limit pursuant to Section 112(i)(5) of the Clean Air Act;

226.5 The establishment of or change to a case-by-case determination of any emission limit or other standard;

226.6 The establishment of or change to a facility-specific determination for ambient impacts, visibility analysis, or increment analysis on portable sources; or

226.7 The incorporation of any requirement promulgated by the U. S. EPA under the authority of the Clean Air Act provided that three or more years remain on the permit term.

2-6-227 Simple Combustion Turbine: Rotary engine driven by a gas under pressure that is created by the combustion of any fuel, including combined cycle engines, and excluding engines with auxiliary firing.
2-6-228 Source: Any article, machine, equipment, operation, contrivance or related groupings of such that may produce and/or emit any regulated air pollutant or hazardous air pollutant.
2-6-229 Subject Solid Waste Incinerator Facility: Any source that burns solid waste material (except hazardous waste as defined by RCRA) from commercial, industrial, or general public sources for which a New Source Performance Standard (NSPS) has been promulgated.
2-6-230 Synthetic Minor Facility: A facility which, by imposition of facilitywide federally enforceable permit conditions, has its potential to emit limited to below the threshold levels for a major facility as defined by Section 2-6-212 and is not otherwise required to apply for a major facility review permit under Regulation 2, Rule 6.
2-6-231 Synthetic Minor Operating Permit: A District operating permit which has been modified to include conditions imposing facilitywide federally enforceable emission limits, has been duly noticed to the public, and has been submitted to EPA, thereby making the facility a synthetic minor facility as defined by Regulation 2, Rule 6. As a District permit, a synthetic minor operating permit is subject to all the provisions of District Regulations 1, 2, and 3, including but not limited to permitting, compliance, and fee requirements.
2-6-232 Synthetic Minor Operating Permit Modification: A modification to a federally enforceable term or condition of a synthetic minor operating permit that establishes a facilitywide emission limit or that specifies the recordkeeping requirements necessary to verify ongoing compliance with a facilitywide emission limit.
(Adopted February 1, 1995)
2-6-233 Permit Shield: A provision in a major facility review permit that identifies and justifies specific federally enforceable regulations and standards which are not applicable to a source or group of sources. Enforcement actions and litigation may not be initiated against the source or group of sources covered by the shield based on those identified regulatory and statutory provisions.(Adopted February 1, 1995)
2-6-234 Program Effective Date: The date EPA specifies, through publication of final approval in the Federal Register, that the District's Major Facility Review Program becomes effective. (Adopted February 1, 1995)

2-6-300 STANDARDS

2-6-301 Major Facility Review Requirement: Any major facility as defined in Section 2-6-212 shall undergo major facility review in accordance with the requirements of this rule.
2-6-302

Major Facility Review Requirements for Phase II Acid Rain Facilities: Any Phase II acid rain facility shall undergo major facility review in accordance with the requirements of this rule, whether or not such facility is classified as a major facility under Section 2-6-212.

302.1 After January 1, 2000, all Phase II acid rain facilities shall comply with the requirements of Sections 405, 406, 408, 409, 411, and 412 of the Clean Air Act.

2-6-303

Major Facility Review Requirements for Subject Solid Waste Incinerator Facilities: Any subject solid waste incinerator facility shall undergo major facility review in accordance with the requirements of this rule, whether or not such facility is classified as a major facility under Section 2-6-212.

303.1 Any relevant Standard of Performance for New Stationary Sources that is adopted by EPA and incorporated by reference into District Regulation 10 shall apply to existing solid waste incinerators as well as to new or modified solid waste incinerators in the District and shall be included in the major facility review permits for such sources.

2-6-304 Major Facility Review Requirement for Designated Facilities: Any designated facility shall undergo major facility review in accordance with the requirements of this rule, whether or not such facility is classified as a major facility under Section 2-6-212.
2-6-305 Operational Flexibility: A facility may make a change to the facility or operation without requiring a major facility review permit revision in accordance with the procedures and restrictions set forth in Section 2-6-417 if the change is not a modification pursuant to Title I of the Clean Air Act and does not exceed any emissions allowable under federally enforceable provisions of the permit. Such change shall in no way affect the obligation of the permittee to comply with any applicable requirement including the requirement to obtain an Authority to Construct under Rule 2-1. This provision shall not apply to the phase II acid rain portion of any facility subject to this Rule.(Amended February 1, 1995)
2-6-306 Emissions Trading: The APCO shall allow emissions trading within a facility that has a major facility review permit in accordance with the procedures and restrictions set forth in Section 2-6-418 if the change is not a modification pursuant to Title I of the Clean Air Act and does not exceed any emissions allowable under the permit. This emission trading provision shall in no way affect the obligation of the permittee to comply with any applicable requirement including the requirement to obtain an Authority to Construct under Rule 2-1. This provision shall not apply to the phase II acid rain portion of any facility subject to this Rule.
2-6-307 Non-compliance, Major Facility Review: Any facility subject to the requirements of this regulation that is not in compliance with any federally enforceable permit condition, any federally enforceable applicable requirement set forth in its major facility review permit, or the requirement to apply for a major facility review permit is in violation of the Clean Air Act and may be subject to enforcement action, permit termination, permit revocation and reissuance, and/or denial of a permit renewal. Moreover, a facility subject to major facility review which has not submitted a timely and complete permit application by the deadlines set forth in Section 2-6-404 may not operate.(Amended February 1, 1995)
2-6-308 Major Facility Review and Other District Permitting Requirements: Submittal of a complete application or an administrative permit amendment request in accordance with this rule shall in no way affect, and shall not constitute compliance with, the requirements for authorities to construct and permits to operate as set forth in Regulation 2, Rules 1 and 2.
2-6-309

Prohibited Modifications: A person shall not modify any source or operation covered by a major facility review permit issued under this rule unless such modification is either:

(1) included in an operating scenario addressed in the permit;

(2) authorized under this rule; or

(3) permitted by the APCO pursuant to an application for a modification to the permit.

2-6-310 Synthetic Minor Operating Permit Requirement: Any major facility which elects to accept facilitywide federally enforceable permit conditions such that the facility becomes a synthetic minor facility, and is not otherwise subject to major facility review, shall apply for a synthetic minor operating permit. Any facility which files false information with the District in order to obtain a synthetic minor operating permit is in violation of the Clean Air Act and District Regulations and may be subject to enforcement action.
2-6-311 Non-compliance, Synthetic Minor Facilities: Any facility subject to the requirements of a synthetic minor operating permit that is not in compliance with any federally enforceable permit condition set forth in its synthetic minor operating permit is in violation of the Clean Air Act and may be subject to enforcement action, permit termination, permit revocation and reissuance, and/or denial of a permit renewal. (Amended February 1, 1995)

2-6-400 ADMINISTRATIVE REQUIREMENTS

2-6-401

Facilities Affected: The following categories of facilities are subject to the requirements of Regulation 2, Rule 6:

401.1 Major facilities

401.2 Phase II acid rain facilities

401.3 Subject solid waste incinerator facilities

401.4 Designated facilities

401.5 Synthetic minor facilities

2-6-402 Fees: Any facility subject to the requirements of this rule shall pay any applicable fees specified in District Regulation 3, Fees, including Schedule P.
2-6-403

Application for Major Facility Review Permit, Permit Renewal, or Permit Modification: The responsible official for any major facility, phase II acid rain facility, subject solid waste incinerator facility, or designated facility shall apply for a major facility review permit, permit renewal, or permit modification in accordance with all the requirements of this rule.

403.1 Notwithstanding the requirements set forth in this rule, a major facility that is not otherwise subject to major facility review shall not be required to apply for a federally enforceable operating permit (i.e., an MFR permit or a synthetic minor operating permit) until four years from the program effective date provided that its actual emissions are below all the following thresholds:

1.150 tons per year of any regulated air pollutant;

1.270% of the major facility threshold of any single hazardous air pollutant; and

1.315 tons per year of any combination of hazardous air pollutants.

For the purpose of this subsection, "actual emissions" shall be the maximum emissions for any consecutive 12-month period ending on or after January 1, 1992, based on the facility's annual reports to the District detailing throughputs of process materials, throughputs of materials stored and usages of materials, and shall be calculated using emission factors approved by the APCO. The provisions of this subsection shall not apply to any facility that has explicitly permitted emission levels at or above any threshold for a major facility as defined in section 2-6-212 regardless of its actual emissions. (Amended February 1, 1995; September 16, 1998)

2-6-404

Timely Application for a Major Facility Review Permit: The responsible official for a facility subject to the requirements of Section 403 of Regulation 2, Rule 6, shall submit an application for a major facility review permit to the APCO in a timely manner as described below:

404.1 The initial application for a major facility review permit shall be received by the APCO within 12 months after the facility becomes subject to Regulation 2, Rule 6.

404.2 An application for a five-year renewal of the terms and conditions of a major facility review permit shall be received by the APCO at least 6 months but no earlier than 12 months prior to the date on which the five-year period for the validity of the terms and conditions of the permit expires.

404.3 An application for a significant permit modification shall be received by the APCO within 12 months of commencing an operation associated with a significant permit modification. Where an existing federally enforceable major facility review permit condition would prohibit such change in operation, the responsible official must request preconstruction review and obtain a major facility review permit revision before commencing the change.

404.4 An application for a minor permit modification shall be received by the APCO prior to commencing any operation associated with the minor permit modification.

404.5 A phase II acid rain facility shall apply for a major facility review permit in accordance with the deadlines in Sections 404.1 and 404.7 of this rule. An initial application for the phase II acid rain portion of a major facility review permit shall be received by the APCO by January 1, 1996.

404.6 After EPA has approved Regulation 2, Rule 6, any major facility subject to Section 112(j) of the federal Clean Air Act must submit an application for a major facility review permit no later that 18 months after the date the U. S. Environmental Protection Agency fails to promulgate any emission standard listed pursuant to Clean Air Act Section 112(c)(1) according to the schedule promulgated under Clean Air Act Section 112(e).

404.7 Notwithstanding subsection 2-6-404.1 above, the initial application from any existing facility subject to the permitting requirements of Regulation 2, Rule 6, that has less than 50 District permitted sources shall be received by the APCO within three months from the program effective date. The initial application from any existing facility subject to the permitting requirements of Regulation 2, Rule 6, that has 50 or more District permitted sources shall be received by the APCO within twelve months from the program effective date.

(Amended February 1, 1995)

 

Complete Application for a Major Facility Review Permit: All applications for an initial major facility review permit, for a significant modification to an existing major facility review permit, and for a five-year renewal of the terms and conditions of a major facility review permit shall contain the following information in addition to the information required by Regulation 2-1-202:

405.1 All relevant BAAQMD permit application forms;

405.2 A description of the facility's processes and products (by Standard Industrial Classification Code) including any associated with an operating scenario identified by the facility;

405.3 A statement certifying that any fee required by District Regulation 3 has been paid;

405.4 Identification and description of:

4.1 each permitted source at the facility

4.2 each source or other activity that is exempt from the requirement to obtain a permit or excluded from District rules or regulations under Regulation 2, Rule 1, and a citation of the section of the rule under which it is exempted or excluded;

405.5 A list, including citation and description, of all applicable requirements for each source;

405.6 A calculation and summary of annual emissions (including fugitive emissions) of any regulated air pollutant and any air pollutant for which the facility is major, from each permitted source or any emission producing activity not defined as excluded under Regulation 1 or exempt under Regulation 2, Rule 1 if the emissions from such source or activity equal or exceed:

6.1 Two tons per year of any single regulated air pollutant; or

6.2 1,000 pounds per year of any single hazardous air pollutant.

Emission calculations and summaries for pollutants emitted below the thresholds listed in subsections 2-6-405.6.1 and 2-6-405.6.2 are not required for such sources or activities that have emissions of other pollutants above these thresholds. The above emission calculations shall also be submitted for any alternate operating scenarios that are submitted with the application;

405.7 A description of the compliance status of the facility with respect to all applicable federal, state, and District air quality requirements;

405.8 A compliance statement as follows:

8.1 A statement that the facility will continue to comply with all applicable requirements with which it is currently in compliance;

8.2 A statement that the facility will meet all applicable requirements on a timely basis as requirements become effective during the permit term and a narrative of how the facility will achieve compliance with all applicable requirements if the facility is not currently doing so; and

8.3 A copy of any schedule of compliance applicable to the facility's operations regarding air quality which has been issued by the District's Hearing Board, the California Air Resources Board, or any court of competent jurisdiction;

405.9 A compliance certification by a responsible official of the facility that under penalty of perjury, the application forms and all accompanying reports and other required compliance certifications are true, accurate, and complete; and

405.10 All information required by Volume II of the District's Manual of Procedures. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall submit the supplementary facts or corrected information upon becoming aware of such failure or incorrect submittal. In addition, the applicant must provide additional information as necessary to address any requirements that become applicable.

(Amended February 1, 1995; April 5, 1995)

2-6-406

Application for a Minor Permit Modification: An application for a minor permit modification to a major facility review permit shall contain:

406.1 A description of the proposed change, the emissions resulting from the proposed change, and any new applicable requirements that will apply if the change occurs;

406.2 A draft permit including the proposed change;

406.3 A request by the responsible official that the minor modification procedures be used;

406.4 A certification by the responsible official that the proposed change is a minor modification as defined in Section 2-6-215; and

406.5 All documents or information required by Section 2-6-405 as they pertain to sources affected by the minor modification.

A facility that has submitted an application for a minor modification must comply with the proposed permit terms and conditions. If the facility fails to comply with the proposed terms during the time that the application is being processed, then the existing permit terms and conditions may be enforced against it.

2-6-407

Application Shield: An existing facility shall not be subject to enforcement action for not possessing a major facility review permit if the facility fulfills the following three conditions:

407.1.The facility has filed with the APCO a complete and timely application for an initial major facility review permit or for a five-year renewal of an existing major facility review permit;

407.2.The APCO has not acted on the application; and

407.3.The facility has honored all requests from the APCO for further information relating to the application by the date specified in writing of the request.

2-6-408

Completeness Determination: The APCO shall determine whether a major facility review permit application is complete as follows:

408.1 Application for an initial permit, for a five-year renewal or for a significant permit modification: The APCO shall determine completeness no later than 60 calendar days following receipt of the application. Unless the APCO requests additional information or otherwise notifies the applicant of incompleteness within 60 days of receipt of the application, the application shall be deemed complete.

408.2 An application for a minor permit modification: The APCO shall determine completeness within 30 days of receipt of the application. Unless the APCO requests additional information or otherwise notifies the applicant of incompleteness within 30 days of receipt of the application, the application shall be deemed complete. The District will determine whether the modification qualifies as a minor modification during the 30-day period.

After an application is deemed complete, the APCO may request in writing additional information necessary to evaluate or take final action on the permit. The facility shall have until the date specified in writing to respond to these requests.

2-6-409

Permit Content: A major facility review permit shall contain the following information and provisions:

409.1 A listing of all federal, state and District air quality requirements, emission limitations, permit conditions and operational or throughput standards or limits applicable to the facility, and a reference to the origin of each such requirement;

409.2 All applicable requirements for monitoring, recordkeeping and reporting, including applicable test methods and analysis procedures, as well as requirements for testing, monitoring, reporting and recordkeeping sufficient to assure compliance with the terms and conditions of the permit. Where the applicable requirement does not require periodic monitoring or testing, the permit shall contain periodic monitoring sufficient to yield reliable data from the relevant time periods that is representative of the source's compliance with the permit;

409.3 A restatement of the requirement of District Regulation 1-440 that the facility's owner or operator must provide the APCO with reasonable access to the premises of the facility;

409.4 A restatement of the requirement of District Regulation 1-441 and of Section 2-6-501 that the facility's owner or operator must provide the information, records, and reports requested or specified by the APCO;

409.5 A severability clause to ensure the continued validity of permit requirements in the event of a challenge to any portion of the permit;

409.6 The duration of the major facility review permit, not to exceed five years;

409.7 A statement that: (a) the owner or operator of the facility must comply with all permit conditions and limitations set forth in the major facility review permit; (b) an application for a change in the permit by the owner or operator of the facility does not revoke or limit the applicability of any permit condition in the permit; (c) the major facility review permit does not convey a property right or exclusive privilege; and (d) the facility must keep a record in a contemporaneous log when the facility changes any aspect of its operations from one permitted scenario to another;

409.8 Provisions specifying the conditions under which the permit may be reopened for cause and modified, revoked, reissued, or terminated, prior to the end of the term;

409.9 A statement of compliance;

409.10 A schedule of compliance, including a requirement for progress reports consistent with the schedule of compliance to be prepared at least semi-annually;

409.11 Terms and conditions for reasonably anticipated operating scenarios;

409.12 If included in the permit application and approved by the APCO, terms and conditions for any permit shield;

409.13 A provision for payment of fees required by Regulation 3;

409.14 An identification of those terms and conditions of the permit which are not federally enforceable because they are not derived from any requirement of the Clean Air Act;

409.15 For phase II acid rain facilities, all acid rain provisions of a permit shall be contained in a separate and complete section of the permit. This section shall contain a permit condition prohibiting emissions exceeding the allowances that a facility holds under Title IV of the Clean Air Act;

409.16 Any terms and conditions for emissions trading approved under Section 2-6-418; and

409.17 All requirements and provisions pertaining to major facility review permits as set forth in Volume II of the District's Manual of Procedures.

(Amended February 1, 1995)

2-6-410

Final Action for Initial Permit Issuance, Five-Year Renewal, Reopenings, and Revisions: The APCO shall take final action on each major facility review permit application as follows:

410.1 The APCO shall take final action on an application for an initial permit, a significant permit modification, or a permit renewal within eighteen months after receipt of an application that has been deemed complete. No permit shall be issued until after all required EPA and public review. If a facility submits a timely and complete application for renewal, all terms and conditions of the permit shall remain in effect until the renewal permit has been issued or denied.

410.2 The APCO shall take action to issue or deny a minor permit modification within 90 days of receipt of the application or within 15 days after the end of the EPA Administrator's 45-day review, whichever is later;

410.3 After the APCO has reopened an existing permit for cause, pursuant to Section 2-6-415, the APCO shall take final action to modify, revoke and reissue, or terminate that permit within 12 months after the date on which the permit is formally reopened.

410.4 The APCO shall take final action on an application containing an early reduction demonstration within nine months after the APCO determines that the application is complete.

410.5 Submittal of applications for, and the permitting, revision, and reopenings of the acid rain portion of a major facility review permit shall occur in accordance with the deadlines set forth in Title IV of the Clean Air Act and the regulations promulgated thereunder.

410.6 Notwithstanding the deadline set forth in subsection 410.1 above, for existing facilities that become subject to MFR on the date that the program receives EPA approval, the APCO shall take final action on one-third of initial applications from such facilities annually over a period not to exceed three years from the program effective date.

(Amended February 1, 1995)

2-6-411

Reports to EPA and Public Petitions for Major Facility Review Permits: For all initial applications, five-year renewals, and proposed minor and significant permit modifications pursuant to this Rule, the APCO shall submit to EPA for review and comment each application or application summary, proposed permit, and each final major facility review permit. This EPA review shall be subject to the following:

411.1 EPA shall have 45 days from receipt of the proposed permit to review the proposed terms and conditions and to accept or object to them in writing.

411.2 If EPA objects to the proposed terms and conditions of a permit within the specified 45-day period, the APCO shall not issue the permit. If the APCO does not submit appropriate revisions that address EPA's objections within 60 days after being notified of EPA's objection, EPA may issue, revise or deny the permit.

411.3 If EPA does not object to the proposed terms and conditions of a major facility review permit within the specified 45-day period, any person dissatisfied with the proposed terms and conditions may petition EPA to reconsider the matter within 60 days thereafter. Any such petition must be based on objections raised during the public comment period on the proposed permit, unless the petitioner demonstrates that it was impracticable to do so or that the grounds for the objection arose after the close of the original public comment period.

3.1 If the APCO has not yet issued a proposed permit, the APCO shall resolve the issue prior to issuing the permit. If the APCO is unable to satisfy EPA's objection within 60 days of being notified thereof, EPA may issue, revise or deny the permit.

3.2 If the APCO has issued the permit following the 45-day EPA comment period but before receipt of an EPA objection based on public petition, the permit may be reopened for cause by the APCO in accordance with Section 2-6-415, or by the EPA in accordance with 40 CFR 70.7(g). In such event, the requirements of the permit shall remain in effect while the EPA or the APCO determines whether to modify, terminate, or revoke and reissue the permit.

411.4 If the proposed permit has been modified after EPA has reviewed and approved it, the APCO shall submit the modified proposed permit to EPA for a new 45-day review, in accordance with the provisions for the original 45-day review.(Amended February 1, 1995)

2-6-412

Public Participation, Major Facility Review Permit Issuance: The APCO shall notify the public in advance of any proposed initial issuance, significant modification or five-year renewal of a major facility review permit, in accordance with the following procedures:

412.1 The APCO shall publish a notice in a major newspaper in the area where the facility is located and send the notice to persons on a mailing list (including those who have requested in writing to be on such list);

412.2 The notice shall identify by name and address the facility, the permittee and the permitting authority. The notice shall include information about the operation to be permitted, any proposed change in emissions, a District source for further information, a brief description of the comment procedures, and a description of procedures to request a hearing. If the APCO has scheduled a hearing, the notice shall contain the time and place of the hearing;

412.3 The notice shall provide at least 30 days for public comment and shall give notice of any public hearing at least 30 days prior to the hearing; and

412.4 The APCO shall keep a record of the commenting persons and the issues raised in all such comments for five years.

2-6-413

Administrative Permit Amendment Procedures: The APCO may make administrative permit amendments as follows:

413.1 Regulations promulgated under Title IV of the Clean Air Act shall govern administrative permit amendments to the acid rain portion of any permit.

413.2 The APCO shall take final action on an administrative permit amendment no later than 60 days from the receipt of the request, provided that the APCO determines that the amendment is covered under Section 2-6-201.

413.3 The APCO shall submit a copy of the revised permit to EPA.

413.4 The facility may implement the changes covered by the administrative permit amendment immediately upon submittal of the request.

413.5 Any request for a change in ownership shall include a written agreement between the parties to the transaction which specifies the date of transfer of the permit.

2-6-414

Minor Permit Modification Procedures: The APCO shall take action on applications for minor permit modifications as follows:

414.1 The APCO shall notify EPA of the proposed minor permit modification within 5 working days of the APCO determination that the application is complete.

414.2 The APCO shall act on the proposed minor modification within 90 days of receipt of an application or 15 days after the end of EPA's 45-day review period, whichever is later, or with the consent of the applicant for such longer period as may be agreed upon.

414.3 If prior to taking action on a proposed minor modification the APCO determines that the proposed modification should be reviewed as a significant modification, the APCO shall revise the draft permit modification accordingly and shall submit this version to the EPA. In any such event, the provisions of Section 2-6-412 shall apply to all further consideration of the proposed modification.

2-6-415

Reopening for Cause: Proceedings to reopen and reissue a major facility review permit shall follow the same procedures that apply to the issuance of an initial major facility review permit and shall affect only those parts of the permit for which cause to reopen exists. Except in the case of an emergency, the APCO shall provide to the facility a notice of intent to reopen the permit at least 30 days in advance of the proposed reopening date. The APCO shall reopen and revise a major facility review permit under the following circumstances:

415.1 Additional requirements become applicable to a major facility having three or more years remaining before that facility's next scheduled major facility review. The APCO shall complete a reopening within 18 months after promulgation of the applicable requirement. (Reopening is not required if the effective date of the additional requirement is later than the date on which that facility's next scheduled major facility review is due);

415.2 Additional requirements become applicable to phase II acid rain facilities under the acid rain program. Upon approval by the EPA, excess emissions offset plans developed under this program shall be incorporated into the permit;

415.3 The APCO determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit; or

415.4 The APCO determines that the permit must be revised or revoked to assure compliance with the applicable requirements.

2-6-416

Term for Major Facility Review: Once a major facility review permit is issued to a facility, except insofar as the permit must be reopened in accordance with Section 2-6-415, the terms and conditions of that permit shall remain valid for a period of five years from the date of issuance. At the conclusion of every such five-year period, the APCO must review the terms and conditions of a major facility review permit in the same way as an application for an initial major facility review permit.

416.1 The issuance of a modification to an existing major facility review permit at any time during the course of the five-year period for which the terms and conditions of that permit are valid shall not affect or extend the five-year period.

416.2 A facility subject to this rule shall continue to provide throughput update information as required by the District and to pay the annual fee required by Regulation 3, Schedule P.

2-6-417 Operational Flexibility Procedures: A facility shall give written notice to the APCO of any changes made to the facility, pursuant to Section 2-6-305 - Operational Flexibility. The notice shall be received by the APCO at least 30 days prior to the change. The notice shall contain a description of the change, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable as a result of the change. The facility and the District shall each attach such notice to its copy of the permit.
2-6-418

Emissions Trading Procedures: The responsible official for a facility may propose that an emissions trading provision be included in its major facility review permit. The APCO shall include an emissions trading provision in the major facility review permit in accordance with the applicable procedures for final action (depending on whether the proposed provision is included in an initial application or in an application for a minor or significant permit modification) if the procedures and restrictions specified below have been followed:

418.1 The responsible official submits the proposal in the initial application, in a permit renewal application, or in an application for a significant modification;

418.2 The proposed emissions trading provision does not contravene any applicable requirement;

418.3 The proposal includes an emissions cap allowing for the trading of emissions increases and decreases, permit conditions, recordkeeping requirements and replicable procedures for determining compliance with applicable requirements;

418.4 The proposed emissions trades are quantifiable and federally enforceable; and

418.5 Once the emissions trading provisions have been incorporated into the permit, the facility notifies the APCO in writing at least seven days prior to a trade. The notification shall state when the trade will occur, what change in emissions will result, and how the trade will comply with the emission trading provisions.

(Amended February 1, 1995)

2-6-419 Availability of Information: The contents of permit applications, compliance plans, emissions or compliance monitoring reports, and compliance certification reports shall be available to the public, subject to the restrictions of the District's Administrative Code, Section 11. The contents of the permit shall be available to the public and shall not be subject to the above restrictions.
2-6-420

Application for a Synthetic Minor Operating Permit: A facility which elects to accept federally enforceable permit conditions to limit its potential to emit to below the thresholds for a major facility, and is not otherwise required to obtain a major facility review permit under this rule, shall apply for a synthetic minor operating permit in accordance with the requirements of this rule. If for any reason the facility plans a physical or operational change which would increase its potential to emit such that it would exceed any threshold for a major facility, the facility shall become subject to major facility review and shall apply for a major facility review permit in accordance with the requirements of this rule.

(Amended February 1, 1995)

2-6-421

Timely Application for a Synthetic Minor Operating Permit: An application for a synthetic minor operating permit or synthetic minor operating permit modification shall be submitted in a timely manner as described below:

421.1 An existing major facility which elects to apply for a synthetic minor operating permit in order to avoid a requirement to obtain a major facility review permit shall apply for and receive a synthetic minor operating permit prior to the date by which it would have to apply for a major facility review permit.

421.2 Any facility not subject to the requirements of Regulation 2, Rule 6, may apply for a synthetic minor operating permit at any time, in accordance with Section 2-6-422.

421.3 A facility seeking a synthetic minor operating permit modification (as defined by section 2-6-232) may apply for the modification at any time in accordance with section 2-6-422.

421.4 For a modification to a synthetic minor operating permit which will not change any federally enforceable term or condition of the permit that establishes a facilitywide emission limit or that specifies the recordkeeping requirements necessary to verify ongoing compliance with a facilitywide emission limit, an application must be received by the APCO in accordance with the requirements of Regulation 2, Rule 2, New Source Review.

421.5 For a physical or operational change to a synthetic minor facility which would increase the facility's potential to emit to a level above that of a major facility, the facility must undergo preconstruction review and apply for a major facility review permit prior to commencing the change, in accordance with the requirements of Regulation 2, Rule 6.

421.6 Renewals of synthetic minor operating permits shall be made in accordance with the requirements of Section 3-207.

421.7 Notwithstanding subsection 2-6-421.1 above, an application for a synthetic minor operating permit for an existing major facility with emissions greater than those described in subsection 2-6-403.1, and that elects to become a synthetic minor facility, shall be received by the APCO no later than nine months from the date Regulation 2, Rule 6, is adopted by the District Board.

(Amended February 1, 1995)

2-6-422

Complete Application for a Synthetic Minor Operating Permit: An application for a synthetic minor operating permit or for a synthetic minor operating permit modification (as defined by section 2-6-232) shall contain the following:

422.1 All relevant BAAQMD permit application forms;

422.2 A statement certifying payment of any fee required by District Regulation 3, including Schedule P;

422.3 Identification and description of all existing sources at the facility, including sources that are exempt from permits under Regulation 2, Rule 1;

422.4 A calculation (following the protocol set forth in the Manual of Procedures, Volume II, Part 3, subsection 2.2.2.c) of annual and monthly maximum emissions of regulated air pollutants and hazardous air pollutants from the facility. All fugitive emissions of hazardous air pollutants shall be included. For fugitive emissions of regulated air pollutants, only those from facility categories listed in the Manual of Procedures, Volume II, Part 3, Section 1 shall be included;

422.5 Proposed federally enforceable permit conditions to limit facilitywide emissions to below the thresholds for a major facility; and

422.6 Proposed federally enforceable permit conditions imposing recordkeeping and reporting requirements sufficient to determine ongoing compliance.

(Amended February 1, 1995)

2-6-423

District Procedures for Synthetic Minor Operating Permits: The APCO shall take action on applications for synthetic minor operating permits and for synthetic minor operating permit modifications as follows:

423.1 Completeness: The APCO shall determine if the application is complete within 30 days of receipt, or within a longer time period as agreed upon by both the applicant and the APCO.

423.2 Permit Content: The synthetic minor operating permit shall contain all information and provisions pertaining to synthetic minor operating permits as set forth in Volume II of the District's Manual of Procedures including:

2.1 Permanent, quantifiable and practically enforceable permit conditions limiting the facility's potential to emit to no greater than 95 tons per year of any regulated air pollutant, 9 tons per year of any single hazardous air pollutant, and 23 tons per year of any combination of hazardous air pollutants, including any required production limits based on short time periods not to exceed one month as proposed in the July 13, 1993, Federal Register, 37789; and

2.2 Federally enforceable permit conditions requiring monitoring, recordkeeping, and reporting sufficient to determine compliance with the emission limits set forth in subsection 423.2.1.

423.3 Public Participation: Prior to any determination by the APCO that a facility may be issued a synthetic minor operating permit, the APCO shall notify the public in accordance with the following procedures:

3.1 The APCO shall publish a notice in a major newspaper in the area where the facility is located.

3.2 The notice shall provide at least 30 days for public comment.

3.3 The notice shall state that permit conditions for the facility will be modified to provide a facilitywide emission limit in accordance with Section 2-6-310 and shall include information as to how the public may obtain copies of the permit conditions associated with the limit, any information regarding the modification submitted by the owner or operator of the facility, the APCO's analysis of this information, and of the effect, if any, of the modification on air quality.

423.4 Reports to EPA: The APCO shall provide to EPA a copy of each proposed and final synthetic minor operating permit. EPA shall have a 30 day review period as described in Volume II of the District's Manual of Procedures.

423.5 Final Action: The APCO shall take final action on a synthetic minor operating permit within 180 days following the acceptance of the application as complete or 90 days after the program effective date, whichever is later.

(Amended February 1, 1995)

2-6-500 MONITORING AND RECORDS

2-6-501 Recordkeeping: The APCO may require that the owner or operator of any facility subject to this rule keep any records that are relevant or necessary to enable the APCO to determine emissions from the facility. The facility shall keep such records on site for five years from the date of entry and shall make the records available to the APCO upon request.
2-6-502 Monitoring Reports: Every six months, the facility shall prepare and submit to the District any monitoring reports required by the major facility review permit. A responsible official shall certify all such reports under penalty of perjury. In addition to the reporting requirements set forth in Regulation 1, subsection 522.7 and Section 542, the facility shall promptly identify and report to the APCO all monitored excesses and any other deviations from the requirements of the permit.

2-6-600 MANUAL OF PROCEDURES

2-6-601 Major Facility Review Permit Procedures: The specific procedures for application submittals, the engineering evaluation and the required permit content for major facility review permits are set forth in Volume II of the District's Manual of Procedures.
2-6-602 Synthetic Minor Operating Permit Procedures: The specific procedures for the engineering evaluation and the required permit content for synthetic minor operating permits are set forth in Volume II of the District's Manual of Procedures.