BAY AREA AIR QUALITY MANAGEMENT DISTRICT

REGULATION 2

PERMITS

RULE 1

GENERAL REQUIREMENTS

INDEX

2-1-100 GENERAL

2-1-200 DEFINITIONS

2-1-300 STANDARDS

2-1-400 ADMINISTRATIVE REQUIREMENTS

2-1-500 MONITORING AND RECORDS




REGULATION 2

PERMITS

RULE 1

GENERAL REQUIREMENTS

(Adopted January 1, 1980)

2-1-101 Description: The purpose of Regulation 2 is to provide an orderly procedure for the review of new sources of air pollution and of the modification and operation of existing sources through the issuance of authorities to construct and permits to operate. The applicability of Regulation 2, Rule 1 is illustrated by Figure 2-1-101, Permit/Exemption Flow Chart. (Amended July 17, 1991; June 7, 1995)

2-1-102 Applicable Requirements: The requirements of this Rule shall apply to rules 2, 3, and 6 of this regulation, unless superseded by specific requirements in rules 2, 3, and 6. (Amended November 3, 1993)

2-1-103 Exemption, Source not Subject to any District Rule: Any source that is not already exempt from the requirements of Section 2-1-301 and 302 by Sections 2-1-104 to 2-1-128, is exempt if the source meets all of the following criteria:

2-1-105 Exemption, Registered Inter-District Portable Equipment: The following portable equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment complies with all applicable requirements of the "CAPCOA Portable Equipment Registration Rule".

2-1-106 Limited Exemption, Accelerated Permitting Program: Unless subject to any of the provisions of Sections 2-1-316 through 318, any new or modified source is exempt from the Authority to Construct requirements of Section 2-1-301, provided that the owner or operator certifies that the source meets all of the criteria set forth in Sections 2-1-106.1 through 106.3. Such a source is still subject to the Permit to Operate requirements of Section 2-1-302, but will be evaluated under the Accelerated Permitting Program, as described in Section 2-1-302.2. Applicable fees for sources qualifying for the Accelerated Permitting Program are described in Section 2-1-303.

In addition to the above, the replacement of any abatement device is exempt from the Authority to Construct requirements of Section 2-1-301 and will be evaluated under the Accelerated Permitting Program in Section 2-1-302.2, provided that the owner or operator certifies for all pollutants that the abatement device is as efficient as, or more efficient than, the abatement device being replaced.(Adopted June 7, 1995)

2-1-109 Deleted June 7, 1995

2-1-110 Deleted June 7, 1995

2-1-111 Deleted June 7, 1995

2-1-112 Deleted June 7, 1995

2-1-113 Exemption, Sources and Operations:

2-1-114 Exemption, Boilers, Heaters, Steam Generators, Duct Burners, and Similar Combustion Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318, and provided that the source does not emit pollutants other than combustion products.

2-1-115 Exemption, Particulate Sources at Quarries, Mineral Processing and Biomass Facilities: The following potential PM10 sources are exempt from the requirements of sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-117 Exemption, Food and Agricultural Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-118 Exemption, Surface Preparation and Cleaning Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-119 Exemption, Surface Coating and Printing Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-120 Exemption, Dry Cleaning Equipment: Any dry cleaning facility which uses less than 700 gallons of petroleum solvents or any other non-halogenated solvent in any single year is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318. Equipment which used perchloroethylene or any other halogenated solvent is not exempt. (Adopted October 19, 1983; Amended July 17,1991; June 7, 1995)

2-1-121 Exemption, Material Working and Handling Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-122 Exemption, Casting and Molding Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-123 Exemption, Liquid Storage and Loading Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-124 Exemption, Semiconductor Manufacturing: The following are exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-125 Exemption, Printed Circuit Board Manufacturing Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-126 Exemption, Testing Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-127 Exemption, Chemical Processing Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-128 Exemption, Miscellaneous Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment is not subject to any of the requirements of Section 2-1-316 through 318.

2-1-129 Major Facility Review: Notwithstanding the exemptions listed in this section, every source exempted by this Rule shall be included in any application for a major facility review permit required by Regulation 2, Rule 6.(Adopted November 3, 1993; Amended February 1, 1995)

2-1-200 Definitions

2-1-201 Emission Reduction Credits: An emission reduction, calculated in accordance with Regulation 2-2-605, which exceeds the emission reductions required by measures in the Air Quality Management Plan or the Clean Air Plan approved by the BAAQMD or required by federal, state, or District laws, rules, and regulations. To qualify as an emission reduction credit the emission reduction must be in excess of the reductions achieved by, the source using Reasonably Available Control Technology (ACT), and must also be real, permanent, quantifiable, and enforceable.(Amended June 15, 1994)

2-1-202 Complete Application: An application for an Authority to Construct a new or modified source which contains the following:

2-1-203 Fugitive Emissions: Fugitive emissions are all emissions from unintended openings in process equipment, emissions occurring from miscellaneous activities relating to the operation of a facility, and those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.(Adopted October 19, 1983)

2-1-204 Major Facility: Any facility which, the APCO determines to emit, on a pollutant specific basis, or determines will emit as a result of the issuance of an authority to construct, 100 tons per year or more of the specific pollutant subject to regulation under the federal Clean Air Act.

2-1-205 National Ambient Air Quality Standards (NAAQS): Levels of air pollution that have been established by the Environmental Protection Agency. All references to NAAQS shall be interpreted to include state ambient air quality standards. (Amended October 7, 1981; April 6,1988)

2-1-206 Organic Compound: Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate and methane.

2-1-207 Organic Compound, Non-Precursor (NPOC): The following are considered organic compound non-precursor .

methylene chloride     chloropentafluoroethane (CFC-115)
1,1,1-trichloroethane,     1,1,1-trifluoro 2,2-dichloroethane (HFC-123),
2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124),     trichlorofluoromethane(CFC-11),
1,1,2-trichloro 1,2,2-trifluoroethane(CFC-113),     pentafluoroethane (HFC-125),
1,1,2,2-tetrafluororoethane (HFC-134),     l,1,1,2-tetrafluorethane (HFC-134a),
dichlorodifluoromethane(CFC-12),     1,1-dichloro 1-fluoroethane (HFC-141b),
1-chloro 1,1-difluoroethane(HCFC-142b),     1,1,1-trifluoroethane (HFC-143a),
1,2-dichloro 1,1,2,2-tetrafluorethane (CFC-114),     1,1-difluoroethane (CFC-152a),
chlorodifluoromethane (HCFC-22),     trifluoromethane (HFC-23), and

perfluorocarbons which fall into these classes:

(1) Cyclic, branched, or linear, completely fluorinated alkanes,

(2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations,

(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and

(4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

In addition, any compound designated as having a negligible contribution to photochemical reactivity by the U.S. Environmental Protection Agency as published in the Federal Register shall be considered a Non-Precursor Organic Compound. (Amended July 17, 1991; June 15, 1994)

     



2-1-208 Organic Compound, Precursor: Any organic compound as defined in Regulation 1-233 excepting the non-precursor organic compounds, defined in Section 2-1-207. (Adopted March 17, 1982; Amended July 17, 1991)

2-1-209 Reasonably Available Control Technology (RACT): For sources which are to continue operating, RACT is the lowest emission limit that can be achieved by the specific source by the application of control technology taking into account technological feasibility and cost-effectiveness, and the specific design features or extent of necessary modifications to the source. For sources which are or will be shut-down, RACT is the lowest emission limit that can be achieved by the application of control technology to similar, but not necessarily identical categories of sources, taking into account technological feasibility and cost-effectiveness of the application of the control technology to the category of sources only and not to the shut-down source.(Adopted March 17, 1982, Amended October 19, 1983)

2-1-210 Start-Up Period: The period of time between initial operation and the issuance or denial of a permit to operate of a source or facility. (Adopted October 19, 1983)

2-1-211 CEQA: The California Environmental Quality Act, Public Resources Code, Section 21000, et seq. (Adopted July 17, 1991)

2-1-212 EIR: Environmental Impact Report, as defined in Section 21061 of the Public Resources Code. (Adopted July 17, 1991)

2-1-213 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 which 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. (Adopted November 3, 1993)

2-1-214 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. (Adopted November 3, 1993)

2-1-215 Hazardous Air Pollutant: Any pollutant that is listed pursuant to Section 112(b) of the federal Clean Air Act. (Adopted November 3, 1993)

2-1-216 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 Title V of the federal Clean Air Act. (Adopted November 3, 1993)

2-1-217 Potential to Emit: The maximum capacity of a facility to emit a pollutant under 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. (Adopted November 3, 1993)

2-1-218 Regulated Air Pollutant: The following air pollutants (as defined in Regulation 1) are regulated:

2-1-219 Synthetic Minor Operating 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 Sections 204.1 and 204.2 of this rule and in Section 212 of Regulation 2, Rule 6, and is not otherwise required to apply for a major facility review permit under Regulation 2, Rule 6.(Adopted November 3, 1993)

2-1-220 Portable Equipment: This definition is provided exclusively for determining applicability of Section 2-1-105, Registered Inter-District Portable Equipment, and Section 2-1-413, Portable Equipment Operated within the District. Any emission unit that, by itself or, in or on a piece of equipment, is portable, meaning designed to be and capable of being carried or moved from one location to another. Indications of portability include, but are not limited to, wheels, skids, carrying handles, dolly trailer, platform or mounting. A piece of equipment is portable, for purposes of obtaining a portable permit under Section 2-1-413, if all of the following are met:

2-1-221 Source: Any article, machine, equipment, operation, contrivance or related groupings of such which may produce and/or emit air pollutants.(Adopted June 7, 1995)

2-1-222 Toxic Air Contaminant: An air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health. Toxic air contaminants consist of those substances identified by the Air Resources Board under Section 39662 of the State Health and Safety Code, and those substances listed as hazardous air pollutants under subsection (b) of Section 112 of the federal Clean Air Act. (Adopted June 7, 1995)

2-1-223 Year: Unless otherwise specified by an operating rule of the District or by a permit condition, a year shall be defined by an applicant or permit holder as one of the following:

In the absence of a rule requirement, permit condition or other information to determine which yearly period applies, the District shall use Section 223.1. (Adopted June 7, 1995)

2-1-224 Responsible Laboratory Management Practices: For the purposes of meeting the laboratory exemption of Section 2-1-113.2.12, Responsible Laboratory Management Practices include all of the following measures for minimizing the emissions of toxic air contaminants:

2-1-225 Risk Screening Analysis: An assessment of the measure of health risk for individuals in the affected population that may be exposed to emissions of toxic air contaminants from a given source. For the purposes of this Rule, a risk screening analysis may be a simplified analysis or, where available, a more refined health risk assessment utilizing appropriate site-specific information. (Adopted June 7, 1995)

2-1-300 Standards

2-1-301 Authority to Construct: Any person who, after July, 1972, puts in place, builds, erects, installs, modifies, modernizes, alters or replaces any article, machine, equipment or other contrivance, the use of which may cause, reduce or control the emission of air contaminants, shall first secure written authorization from the APCO in the form of an authority to construct. Routine repairs, maintenance, or cyclic maintenance that includes replacement of components with identical or equivalent components is not considered to be an alteration, modification or replacement for the purpose of this Section unless the APCO determines the changes to be non-routine and to constitute a Bay Area reconstruction of the source. The use or operation of the source shall initiate the start-up period in accordance with Section 2-1-411. (Amended March 17, 1982; October 19, 1983; July 17, 1991)

2-1-303 Fees:Persons subject to this Regulation shall pay the fees required, as set forth in Regulation 3.

2-1-304 Denial, Failure to Meet Emission Limitations: The APCO shall deny an authority to construct or a permit to operate if the APCO finds that the subject of the application would not or does not comply with the emission limitations of the District, or with applicable permit conditions, federal or California laws or regulations. Such denial shall not be based solely on type of construction or design of equipment. (Amended March 17, 1982)

2-1-305 Denial, Equipment Not in Conformance with Authority to Construct: The APCO shall deny a permit to operate if it is found that the subject of the application was not built substantially in conformance with the authority to construct.

2-1-306 Mandated Reductions Not Applicable: Emission reductions resulting from requirements of federal, state or District laws, rules or regulations shall not be banked or allowed as emission offsets or emission reduction credits unless a complete application for such banking or emission reduction credits was filed with the District at least 90 days prior to the adoption date of such laws, rules or regulations. Only emission reduction credits exceeding the emission reductions required by measures described in the Air Quality Management Plan or required by permits or orders; and reductions achieved by measures not specified in the Air Quality Management Plan shall be banked or allowed as emission offsets or emission reduction credits.(Amended October 7, 1981; July 17, 1991; June 15, 1994)

2-1-307 Failure to Meet Permit Conditions: A person shall not operate any article, machine, equipment or other contrivance, for which an authority to construct or permit to operate has been issued, in violation of any permit condition imposed pursuant to Section 2-1-403.(Adopted March 17; 1982, Amended July 17, 1991)

2-1-308 Fugitive Emissions: Fugitive emissions shall be included as emissions from a facility. Fugitive emissions shall be subject to all requirements of District Rules and Regulations, including BACT, RACT, offsets, PSD requirements, and Class I Air Quality Related Values and increment protection, to the same extent as emissions that are not fugitive in nature.(Adopted October 19, 1983; Amended July 17, 1991)

2-1-309 Canceled Application: The APCO may cancel an application for an authority to construct and a permit to operate if, within 90 days after the application was deemed incomplete, the applicant fails to furnish the requested information or pay all appropriate fees. The 90 day period may be extended for an additional 90 days upon receipt of a written request from the applicant and written approval thereof by the APCO. The APCO shall notify the applicant in writing of a cancellation, and the reasons therefor. A cancellation shall become effective 10 days after the applicant has been notified. The cancellation shall be without prejudice to any future applications. (Adopted April 6, 1988)

2-1-310 Applicability of CEQA: Except for permit applications which will be reviewed as ministerial projects under Section 2-1-311 or which are exempt from CEQA pursuant to Section 2-1-312, all proposed new and modified sources for which an authority to construct must be obtained from the District shall be reviewed in accordance with the requirements of CEQA.

2-1-311 Ministerial Projects: An application for a proposed new or modified source or stationary source will be classified as ministerial and will accordingly be exempt from the CEQA requirement of Section 2-1-310 if the District's engineering evaluation and basis for approval or denial of the permit application for the project is limited to the criteria set forth in Section 2-1-428 of this rule and to the specific procedures, fixed standards and objective measurements set forth in Volume II of the District's Manual of Procedures. The method for determining whether a given permit application will be classified as ministerial is set forth in Section 2-1-427. (Adopted July 17, 1991)

2-1-312 Other Categories of Exempt Projects: In addition to ministerial projects, the following categories of projects subject to permit review by the District will be exempt from the CEQA review, either because the category is exempted by the express terms of CEQA (subsections 2-1-312.1 through 312.9) or because the project has no potential for causing a significant adverse environmental impact (subsections 2-1-312.10 and 312.11). Any permit applicant wishing to qualify under any of the specific exemptions set forth in this Section 2-1-312 must include in its permit application CEQA-related information in accordance with subsection 2-1-426.1. In addition, the CEQA-related information submitted by any permit applicant wishing to qualify under subsection 2-1-312.11 must demonstrate to the satisfaction of the APCO that the proposed project has no potential for resulting in a significant environmental effect in connection with any of the environmental media or resources listed in Section II of Appendix I of the State CEQA Guidelines.

2-1-313 Projects Not Exempt From CEQA Review: Notwithstanding the exemptions from CEQA review set forth in Section 2-1-312, such exemptions shall not apply: (i) to any project for which the District staff's preliminary health risk screening analysis shows that a formal health risk assessment must be submitted by the applicant, or (ii) to any project covered by the categories set forth in subsections 2-1-312.1 through 312.9 where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances, or due to cumulative impacts of successive projects of the same type in the same place over time. Such projects shall be reviewed in accordance with the requirements of CEQA. (Adopted July 17, 1991)

2-1-314 Case-by-Case CEQA Determinations: Notwithstanding the requirement of Section 2-1-311, the District shall, for any permit applications which were deemed complete by the District on or before July 17, 1991, review said permit applications on a case-by-case basis in order to determine whether the District's evaluation of the permit application will involve any element of discretion. If as a result of this case-by-case- review, the District determines that the evaluation of the permit application will not involve any element of discretion on its part, then the application may be treated as a ministerial project so long as all of the following conditions are met:

2-1-315 Denial, Failure to Mitigate Significant Adverse Environmental Impacts: For any application for which the District is a Lead Agency under CEQA, where significant adverse environmental impacts have been identified in the District's review of, or in the course of the public comment period on, said application, the APCO shall deny an authority to construct to such new or modified stationary source, as proposed, unless:

2-1-316 New or Modified Sources of Toxic Air Contaminants: If a new or modified source emits one or more toxic air contaminants in quantities that exceed the limits listed in Table 2-1-316, then the source shall be subject to the requirements of Sections 2-1-301 and 302, unless the owner or operator of the source can demonstrate to the satisfaction of the APCO, within 90 day of request per Regulation 1, Section 441, that the source would pass a risk screening analysis, as defined in Section 2-1-225, performed according to the current Air Toxic Risk Screening Procedure.(As 2-1-109, Adopted April 16, 1986; Amended July 17, 1991; As 2-1-316; Adopted June 7, 1995)

2-1-317 Public Nuisance Sources: If any exempt source receives two or more public nuisance violations, under Regulation 1, Section 301 or Section 41700 of the California Health & Safety Code, within any consecutive 180-day period, then the source shall be subject to the requirements of Section 2-1-301 and 302. Such a source will be treated as loss of exemption source under Section 2-1-414, and will be subject to the annual permit to operate fee specified in Regulation 3. This section does not apply to a source that is exempt per section 2-1-113.(Adopted June 7, 1995)
2-1-318 Hazardous Substances: If a new or modified source at a PSD Major Facility, as defined in Regulation 2, Rule 2, Section 220.3, emits the following air contaminants in excess of the quantities listed below, then it is subject to the requirements of Sections 2-1-301 and 302.

2-1-400 Administrative Requirements

2-1-401 Persons Affected: Any person who has been granted or requires an authority to construct shall secure a permit to operate. In addition, the following shall apply for a permit to operate for any source used or operated before July 1, 1972 which is not subject to an exemption per Sections 2-1-104, 105, or 113 through 2-1-129:

2-1-402 Applications: Every application for an authority to construct or a permit to operate shall be submitted to the APCO on the forms specified, and shall contain all of the information required. Sufficient information must be received to enable the APCO to make a decision or a preliminary decision on the application and/or on any exemptions authorized by this Regulation. The APCO may consult with appropriate local and regional agencies to determine whether the application conforms with adopted plans and with local permit requirements.

2-1-403 Permit Conditions: Except as to permit applications reviewed in accordance with Section 2-1-311, the APCO may impose any permit condition that he deems reasonably necessary to insure compliance with federal or California law or District regulations. For any permit application which was reviewed as a ministerial project in accordance with Section 2-1-311, the APCO shall only impose permit conditions as set forth in Volume II of the District's Manual of Procedures for the type of source being permitted. The APCO may require the installation of devices for measurement or analysis of source emissions or ground-level concentrations of air contaminants. (Amended July 17, 1991)

2-1-404 Changes in Throughput and Hours of Operation: After a permit to operate has been issued, in accordance with subsections 2-1-401.1 through 401.4, changes in hours of operation, fuels, process materials or throughput are allowed only if emissions resulting from such changes are not of such quantity as would cause denial of an authority to construct after an air quality permit analysis made pursuant to the provisions of Rule 2 of this Regulation. "Change" is the use of a process or fuel not used in the prior 12 months, or a throughput level higher than the highest level in the prior 12 months or total monthly operating hours higher than any month in the prior 12 months.

2-1-405 Posting of Permit to Operate: Every permit to operate, or approved designation thereof, shall be posted on or near the equipment for which the permit has been issued in such manner as to be clearly visible and accessible, or shall otherwise be available for inspection at all times.

2-1-406 Transfer: An authority to construct or a permit to operate shall not be transferable from one facility to another. An authority to construct or a permit to operate shall not be transferable from one person to another without obtaining written permission of the APCO.

2-1-407 Permit Expiration: An authority to construct shall expire two years after the date of issuance, unless substantial use of the authority has begun. However, an authority to construct may be renewed for an additional two years, subject to meeting the current BACT and offset requirements of Regulation 2-2-301, 302 and 303, upon receipt of a written request from the applicant and written approval thereof by the APCO prior to the expiration of the initial authority to construct. (Amended July 17, 1991)

2-1-408 Action on Applications: Except for applications subject to Section 2-1-412, the publication and public notice requirements of Section 2-2-405 or to the provisions of Rules 2 or 6 of this Regulation, the APCO shall notify the applicant in writing of approval, approval with conditions, or denial of the application within 60 49 days of receipt of a completed application, unless the time is extended with the written consent of the applicant.

`2-1-409 Regulations in Force Govern: The decision as to whether an authority to construct shall be granted or denied shall be based on federal, state and District BACT and offset regulations in force on the date the application is declared by the APCO to be complete.

2-1-410 Appeal: The following actions of the APCO may be appealed:

2-1-411 Permit to Operate, Final Action: The APCO shall take final action to approve, approve with conditions, or disapprove a permit to operate a facility subject to this rule within 60 days after the initial date of the start-up period of the new or modified source. This time period may be extended upon the written request of the applicant stating the reasons why further start-up time is needed. In no case shall the APCO allow the start-up period to be greater than 180 days. All conditions, specific or implied, of the authority to construct are in effect during the entire start-up period.

2-1-412 Public Notice, Schools: Prior to approving an application for an authority to construct a new or modified source which emits any substance into the ambient air which is on the list required to be prepared pursuant to subdivision (a) of Section 25532 and Section 44321 of the Health and Safety Code and which is located within 1000 feet from the outer boundary of a school, the APCO shall:

2-1-413 Portable Equipment Operated Within the District: Any person required to obtain an authority to construct and permit to operate under Sections 2-1-301 and 302 for a portable source can elect to receive a single portable permit which will allow the source to operate anywhere in the District, provided the APCO approves the permit, and the source meets the definition of portable equipment set forth in Section 2-1-220. Such a source is subject to the standard filing, initial and permit to operate fees in Regulation 3. (Adopted June 7, 1995)

2-1-414 Loss of Exemption, Public Nuisance: Any source subject to Section 2-1-317 shall be subject to permit conditions deemed necessary by the District to minimize the potential for future violations. If the owner/operator can demonstrate that the source has neither received a public nuisance violation nor received a confirmed complaint for a two year period after the permit was issued, then the owner/operator may submit a written petition to the APCO to remove the permit requirement. Such a petition is subject to APCO approval. (Adopted June 7, 1995)

2-1-415 Source Pre-Certification Procedure: Any person may submit a written request to pre-certify a source, for the purposes of qualifying the source for the Accelerated Permitting Program. Such a request will be evaluated within 60 days of receipt of the information listed below. The APCO may also independently pre-certify a source. The APCO shall maintain a list of pre-certified equipment, and shall make this list available to industry through the Public Information & Education Division. A pre-certification request shall include all of the following:

2-1-416 Temporary Amnesty for Unpermitted Sources: The APCO has the authority to declare an amnesty period, during which the District may waive all or part of the penalty fees, including late fees and retroactive permit fees, for sources which are currently operating without valid Permits to Operate. (Adopted June 7, 1995)

2-1-420 Suspension: The APCO may suspend a permit if, within a reasonable time, the holder of the permit willfully fails or refuses to furnish requested information, analyses, plans or specifications relating to emissions from the source for which the permit was issued. The APCO shall serve notice in writing of a suspension, and the reasons therefor, on the holder of the permit. A suspension shall become effective 5 days after notice has been served.

2-1-421 Appeal from Suspension: Within 10 days after the receipt of the notice of suspension, the permit holder may request the Hearing Board to hold a hearing to determine whether or not the permit was properly suspended.

2-1-422 Revocation: The APCO may request the Hearing Board to hold a hearing to determine whether a permit should be revoked if it is found that the holder of a permit is violating any applicable order, rule or regulation of the District, or is violating any condition attached to the permit.

2-1-423 Hearings: Within 30 days after receipt of requests submitted pursuant to Sections 2-1-421 and 422, the Hearing Board shall hold a hearing as provided by Section 42308 of the California Health and Safety Code and may take action as authorized by Section 42309 of the California Health and Safety Code. (Amended July 17, 1991)

2-1-424 Loss of Exemption: Within 90 days of written notification by the APCO of the need for a permit, any person exempt under Sections 2-1-103, 104, 105, 113 through 128 or 2-1-401 who loses an exemption because of changes in those Sections or changes in federal, California or District laws or regulations shall submit a complete permit application for the subject source, as defined Section 2-1-202. A person requested by the APCO to apply for permits to operate under the provisions of Sections 2-1-316 through 318, 401 or 425 who holds a valid permit to operate, need not reapply.(Adopted April 16, 1986; Amended June 7, 1995)

2-1-425 Sources of Toxic Air Contaminants: Any person who does not hold a valid permit to operate in accordance with Section 2-1-401 and emits, in quantities determined to be appropriate by the APCO, any toxic air contaminant, shall within 90 days of written notice by the APCO of the need for a permit to operate, complete a permit application for the subject source, in accordance with the applicable requirements of Section 2-1-202 or Section 2-1-302.2. (Amended June 7, 1995)

2-1-426 CEQA-Related Information Requirements: Unless a project for which an authority to construct is sought is exempt from the District's CEQA requirements pursuant to Section 2-1-311 of this Rule, applicants for authorities to construct shall provide, as part of a complete application, the following CEQA-related information:

2-1-427 Procedure for Ministerial Evaluations: The District shall review each permit application prior to finding that it is complete in order to determine whether its evaluation of the permit application is covered by the specific procedures, fixed standards and objective measurements set forth in Volume II of the District's Manual of Procedures. If the District determines that its evaluation of the permit application is covered by specific procedures, fixed standards and objective measurements set forth in Volume II of the District's Manual of Procedures, the District's evaluation of that permit application will be classified as ministerial and the engineering evaluation of the permit application by the District will be limited to the use of said specific procedures, fixed standards and objective measurements. For such projects, the District will merely apply the law to the facts as presented in the permit application, and the District's decision regarding whether to issue the permit will be based only on the criteria set forth in Section 2-1-428 and in Volume II of the District's Manual of Procedures. (Adopted July 17, 1991)

2-1-428 Criteria for Approval of Ministerial Permit Applications: If the District classifies a permit application as ministerial pursuant to Section 2-1-427, and as a result of its evaluation of that permit application, the District determines that all of the following criteria are met, the issuance by the District of an Authority to Construct for the proposed new or modified source will be a mandatory ministerial duty.

In addition, when the District has issued an authority to construct for a proposed new or modified source as a ministerial project, the issuance of the permit to operate for that source will also be a mandatory ministerial duty if the source will meet all the conditions imposed in connection with the issuance of the authority to construct and all applicable laws, rules and regulations enforced by the District.(Adopted July 17, 1991)

2-1-429 Federal Emissions Statement: The owner or operator of any source which emits or may emit oxides of nitrogen or volatile organic compounds shall provide the APCO with a written statement, in such form as the APCO prescribes, showing actual emissions of oxides of nitrogen and volatile organic compounds from that source. At a minimum the emission statement shall contain all of the information contained in the Air Resources Board's Emission Inventory Turn Around Document as described in Instructions for the Emission Data System Review and Update Report. The statement shall also contain a certification by a responsible official of the company or facility that the information contained in the statement is accurate to the best knowledge of the individual certifying the statement. Effective November 1, 1994, the statement shall be submitted to the District each year with the annual permit renewal.

The APCO may waive this requirement for any class or category of sources which emit less that 25 tons per year of oxides of nitrogen and volatile organic compounds, each taken separately, if the District provides the Air Resources Board with emission inventories of sources emitting greater than 10 tons per year of either oxides of nitrogen or volatile organic compounds based on the use of emission factors acceptable to the Air Resources Board and the U.S. Environmental Protection Agency (EPA). A current list of classes and categories of stationary sources for which this requirement has been waived by the APCO will be kept by the District and made available upon request.

Also, for purposes of reporting emission data to the Air Resources Board and to the EPA, the District will provide calendar year and peak ambient ozone season data determined through weighted averaging of current and prior year (if available) company/facility reported certified information.

This Section is required by the provisions of Section 182(a)(3)(B) of the Clean Air Act. (Adopted November 4, 1992; Amended June 15, 1994; June 7, 1995)

2-1-500 MONITORING AND RECORDS

2-1-501 Monitors: Continuous emission monitors required pursuant to Section 2-1-403 shall comply with the provisions of Volume V of the Manual of Procedures. (Adopted March 17, 1982)

2-1-600 Manual of Procedures

2-1-601 Engineering Permitting Procedures: The specific procedures for the engineering evaluation of particular types of sources as well as specific fixed standards and objective measurements upon which the District will rely in its evaluation of ministerial permit applications are set forth in Volume II of the District's Manual of Procedures. (Adopted July 17, 1991)

2-1-602 CEQA Guidelines: The District's Guidelines for Environmental Processes under CEQA for those cases in which the District assumes the role of Lead Agency are set forth in Volume VII to the District's Manual of Procedures and in the Permit Handbook. (Adopted July 17, 1991; Amended June 7, 1995)





Table 2-1-316

Toxic Air Contaminant Trigger Levels

Compound

CAS Number

Trigger Level (lb/year)

Acetaldehyde

75070

7.20E+01

Acrolein

107028

3.90E+00

Acrylamide

79061

1.50E-01

Acrylonitrile

107131

6.70E-01

Allyl chloride

107051

1.93E+02

Ammonia

7664417

1.93E+04

Arsenic and arsenic compounds (inorganic)

7440382*

2.40E-02

Asbestos

1332214

3.00E-03

Benzene

71432

6.70E+00

Benzidine (and its salts)

92875*

1.40E-03

Benzyl chloride (see chlorotoluenes)

100447

 

Beryllium and beryllium compounds

7440417*

1.50E-02

Bis(chloromethyl)ether

542881

1.50E-02

Bromine and bromine compounds (inorganic)

7726956*

3.28E+02

Butadiene, 1,3-

106990

1.10E+00

Butyl alcohol, tert-

75650

1.37E+05

Cadmium and cadmium compounds

7440439*

4.60E-02

Carbon disulfide

75150

1.43E+04

Carbon tetrachloride

56235

4.60E+00

Chlorinated dibenzodioxins and dibenzofurans (TCDD equivalent)

1746016*

1.20E-06

Chlorine

7782505

1.37E+03

Chlorobenzene

108907

1.35E+04

Chlorofluorocarbons

*

1.35E+05

Chloroform

67663

3.60E+01

Chlorophenol, 2-

108430

3.47E+03

Chloropicrin

76062

3.28E+02

Chloroprene

126998

1.50E+03

Chlorotoluenes

100447*

2.32E+03

Chromium (hexavalent) and chromium (hexavalent) compounds

18540299*

1.40E-03

Copper and copper compounds

7440508*

4.63E+02

Cresol

1319773

3.47E+04

Dibromo-3-chloropropane,1,2- (DBCP)

96128

9.70E-02

Dichlorobenzene, 1,4-

106467

6.80E+01

Dichlorobenzidene, 3,3'-

91941

5.60E-01

Dichloroethylene, 1,1- (see vinylidene chloride)

 

 

Diethylaminoethanol

100378

2.12E+04

Diethylhexylphthalate (DEHP)

117817

8.10E+01

Dimethyl phthalate

131113

2.32E+03

Dimethylamine

124403

3.86E+02

Dioctyl phthalate

117840

2.32E+03

Dioxane, 1,4-

123911

2.50E+01

Epichlorohydrin

106898

8.30E+00

Ethyl acetate

141786

6.56E+05

Ethyl acrylate

140885

9.26E+03

Ethyl alcohol (ethanol)

64175

8.69E+05

Ethyl chloride

75003

1.93E+06

Ethyl benzene

100414

1.93E+05

Ethylene dibromide (1,2-dibromoethane)

106934

2.70E+00

Compound

CAS Number

Trigger Level (lb/year)

Ethylene dichloride (1,2-dichloroethane)

107062

9.70E+00

Ethylene oxide

75218

2.10E+00

Formaldehyde

50000

3.30E+01

Freons (see Chlorofluorocarbons)

 

 

Glutaraldehyde

111308

3.28E+02

Glycol ethers:

 

 

2-Ethoxy ethanol (cellosolve; ethylene glycol monoethyl ether)

110805

3.86E+04

2-Ethoxyethyl acetate (cellosolve acetate; ethylene glycol monoethyl ether acetate)

111159

1.24E+04

2-Methoxy ethanol (methyl cellosolve; ethylene glycol monomethyl ether)

109864

3.86E+03

2-Methoxyethyl acetate (methyl cellosolve acetate; ethylene glycol monomethyl ether acetate)

110496

1.10E+04

2-Butoxy ethanol (Butyl cellosolve; ethylene glycol monobutyl ether)

111762

3.86E+03

Hexachlorobenzene

118741

3.90E-01

Hexachlorocyclohexanes

58899*

1.80E-01

Hexachlorocyclopentadiene

77474

4.63E+01

Hexane, n-

110543

8.30E+04

Hydrazine

302012

3.90E-02

Hydrogen bromide (hydrobromic acid)

10035106

4.63E+03

Hydrogen chloride

7647010

1.35E+03

Hydrogen cyanide

74908

1.35E+04

Hydrogen fluoride

7664393

1.14E+03

Hydrogen sulfide

7783064

8.11E+03

Isocyanates:

 

 

Methylene-bis-phenyl isocyanate

101688

1.83E+01

Methyl isocyanate

624839

6.95E+01

Toluene diisocyanates

26471625*

1.83E+01

Isophorone

78591

6.56E+04

Isopropyl alcohol

67630

4.44E+05

Lead, inorganic, and lead compounds

7439921*

2.90E+01

Maleic anhydride

108316

4.63E+02

Manganese and manganese compounds

7439965*

7.70E+01

Mercury and mercury compounds (inorganic)

7439976*

5.79E+01

Methyl alcohol (methanol)

67561

1.20E+05

Methyl bromide

74839

1.16E+03

Methyl chloroform (1,1,1-TCA)

71556

6.18E+04

Methyl mercury

593748

1.93E+02

Methyl methacrylate

80626

1.89E+05

Methylene chloride

75092

1.90E+02

Methylene dianiline and its dichloride, 4,4'-

101779*

3.67E+02

Methylethylketone (MEK)

78933

1.49E+05

Methylpyrrolidone, N-

872504

1.83E+05

Naphthalene

91203

2.70E+02

Nickel and nickel compounds

7440020*

7.30E-01

Nitric acid

7697372

2.34E+03

Nitrobenzene

98953

3.28E+02

Nitropropane, 2-

79469

3.86E+03

Nitrosodiethylamine, N-

55185

1.90E-02

Nitrosodimethylamine, N-

62759

4.20E-02

Nitrosodi-n-butylamine, N-

924163

6.20E-02

Compound

CAS Number

Trigger Level (lb/year)

Nitrosodi-n-propylamine, N-

621647

9.70E-02

Nitrosodiphenylamine, p-

86306

7.30E+01

Nitrosomethylethylamine, N-

10595956

3.10E-02

Nitrosopyrrolidine, N-

930552

3.30E-01

PAHs (including but not limited to):

*

 

Benz[a]anthracene

56553

4.30E-02

Benzo[b]fluoroanthene

205992

4.30E-02

Benzo[k]fluoroanthene

205823

4.30E-02

Benzo[a]pyrene

50328

4.30E-02

Dibenz[a,h]anthracene

53703

4.30E-02

Indeno[1,2,3-cd]pyrene

193395

4.30E-02

PCBs (polychlorinated biphenyls)

1336363*

7.00E-03

Pentachlorophenol

87865

4.20E+01

Perchloroethylene (tetrachloroethylene)

127184

3.30E+01

Phenol

108952

8.69E+03

Phosgene

75445

1.83E+02

Phosphine

7803512

1.93E+03

Phosphoric acid

7664382

4.63E+02

Phosphorus (white)

7723140

1.39E+01

Phthalic anhydride

85449

1.35E+06

Propylene oxide

75569

5.20E+01

Selenium and selenium compounds

7782492*

9.65E+01

Sodium hydroxide

1310732

9.26E+02

Styrene monomer

100425

1.35E+05

Tetrachlorophenols

25167833*

1.70E+04

Tetrahydrofuran

109999

2.70E+05

Toluene

108883

3.86E+04

Trichlorobenzene, 1,2,4-

120821

1.83E+04

Trichloroethane, 1,1,1- (see Methyl chloroform)

 

 

Trichloroethylene

79016

9.70E+01

Trichlorophenol, 2,4,6-

88062

9.70E+00

Urethane (ethyl carbamate)

51796

6.60E-01

Vapam (sodium methyldithiocarbamate)

137428

2.20E+04

Vinyl chloride

75014

2.50E+00

Vinylidene chloride

75354

6.18E+03

Xylenes

1330207*

5.79E+04

Zinc and zinc compounds

7440666*

6.76E+03