GLEAPCD RULE VIII TITLE V                                 
LAST REVISED 10/19/93
                                 
                                 
                                Article VIII
       Additional Procedures for Issuing Permits to Operate for Sources
         Subject to Title V of the Federal Clean Air Act Amendments of
                                     1990
         

         I.  PURPOSE AND GENERAL REQUIREMENTS OF ARTICLE VIII [Reference: 
             40 CFR Part 70.1, 70.4, 70.6(a)(6) and 70.7(a)(6) and (b)]

             Article VIII implements the requirements of Title V of the
             federal Clean Air Act as amended in 1990 (CAA) for permits to
             operate.  Title V provides for the establishment of operating
             permit programs for sources which emit regulated air 
             pollutants, including attainment and non attainment pollutants.  
             The effective date of Article VIII is the date the 
             United States Environmental Protection Agency (U.S. EPA) 
             promulgates interim, partial, or final approval of this rule in 
             the Federal Register.

             By the effective date of Article VIII, the Glenn County Air
             Pollution Control District shall implement an operating permit
             program pursuant to the requirements of this rule.  The
             requirements of Article VIII shall augment and take precedence
             over conflicting administrative requirements of other 
             provisions of the District's rules and regulations.  The 
             District shall also continue to implement its existing programs 
             pertaining to permits required by Article III including 
             authorities to construct Article III, Section 50, or New Source 
             Review, Article III, Section 51.  Nothing in Article VIII 
             limits the authority of the District to revoke or terminate a 
             permit pursuant to sections 40808, and 42307-42309 of the 
             California Health and Safety Code (H&SC).

             Sources subject to Article VIII include major sources, acid 
             rain units subject to Title IV of the CAA, solid waste 
             incinerators subject to section 111 or 129 of the CAA, and any 
             other sources specifically designated by rule of the U.S. EPA.  
             Sources subject to Article VIII shall obtain permits to operate 
             pursuant to this rule.  Each permit to operate issued pursuant 
             to Article VIII shall contain conditions and requirements 
             adequate to ensure compliance with and the enforceability of:
                
             A.  All applicable provisions of Division 26 of the H&SC,
                 commencing with section 39000;

             B.  All applicable orders, rules, and regulations of the
                 District and the California Air Resources Board (ARB);

             C.  All applicable provisions of the applicable implementation 
                 plan required by the CAA;

             D.  Each applicable emission standard or limitation, rule,
                 regulation, or requirement adopted or promulgated to 
                 implement the CAA; and

             E.  The requirements of all preconstruction permits issued
                 pursuant to Parts C and D of the CAA.

             The operation of an emissions unit to which Article VIII is
             applicable without a permit or in violation of any applicable
             permit condition or requirement shall be a violation of
             Article VIII.

          II.   DEFINITIONS

                The definitions in this section apply throughout 
                Article VIII and are derived from related provisions of the 
                U.S. EPA's Title V regulations in Part 70 Code of Federal 
                Regulations (CFR), "State Operating Permit Programs."  The 
                terms defined in this section are italicized throughout 
                Article VIII.

                A.  Acid Rain Unit  An "acid rain unit" is any fossil
                    fuel-fired combustion device that is an affected unit 
                    under 40 CFR Part 72.6 and therefore subject to the 
                    requirements of Title IV (Acid Deposition Control) of 
                    the CAA.

                             [Reference: 40 CFR Part 70.2 Affected Unit]

                B.  Administrative Permit Amendment  An "administrative
                    permit amendment" is an amendment to a permit to operate 
                    which:

                    1.  Corrects a typographical error;

                    2.  Identifies a minor administrative change at the
                        stationary source; for example, a change in the 
                        name, address, or phone number of any person 
                        identified in the permit;

                    3.  Requires more frequent monitoring or reporting by 
                        an Owner or Operator of the stationary source; or

                    4.  Transfers ownership or operational control of a
                        stationary source, provided that, prior to the 
                        transfer, the APCO receives a written agreement 
                        which specifies a date for the transfer of permit 
                        responsibility, coverage, and liability from the 
                        current to the prospective permittee.

                                         [Reference: 40 CFR Part 70.7(d)]

                C.  Affected State  An "affected state" is any state that:
                    1) is contiguous with California and whose air quality 
                    may be affected by a permit action, or 2) is within 
                    50 miles of the source for which a permit action is 
                    being proposed.

                           [Reference: 40 CFR Part 70.2 Affected States]

                D.  Air Pollution Control Officer (APCO)  "Air Pollution
                    Control Officer" refers to the air pollution control 
                    officer of the Glenn County Air Pollution Control 
                    District, or his or her designee.

                E.  Applicable Federal Requirement  An "applicable federal
                    requirement" is any requirement which is enforceable by 
                    the U.S. EPA and citizens pursuant to section 304 of the 
                    CAA and is set forth in, or authorized by, the CAA or a 
                    U.S. EPA regulation.  An "applicable federal 
                    requirement" includes any requirement of a regulation in 
                    effect at permit issuance and any requirement of a
                    regulation that becomes effective during the term of the 
                    permit.  Applicable federal requirements include:

                    1.  Title I requirements of the CAA, including:

                        a.  New Source Review requirements in the State
                            Implementation Plan approved by the U.S. EPA and 
                            the terms and conditions of the preconstruction 
                            permit issued pursuant to an approved New Source 
                            Review rule;
                       
                        b.  New Source Performance Standards (40 CFR 
                            Part 60);

                        c.  National Ambient Air Quality Standards,
                            increments, and visibility requirements as they 
                            apply to portable sources required to obtain a 
                            permit pursuant to section 504(e) of the CAA;

                        d.  National Emissions Standards for Hazardous Air
                            Pollutants (40 CFR Part 61);

                        e.  Maximum Achievable Control Technology or 
                            Generally Available Control Technology Standards 
                            (40 CFR Part 63);

                        f.  Risk Management Plan preparation and 
                            registration requirements (section 112(r) of the 
                            CAA);

                        g.  Solid Waste Incineration requirements
                            (sections 111 or 129 of the CAA);

                        h.  Consumer and Commercial Product requirements
                            (section 183 of the CAA);

                        i.  Tank Vessel requirements (section 183 of the 
                            CAA);

                        j.  District prohibitory rules that are approved 
                            into the state implementation plan;

                        k.  Standards or regulations promulgated pursuant to 
                            a Federal Implementation Plan; and

                        l.  Enhanced Monitoring and Compliance Certification 
                            requirements (section 114(a)(3) of the CAA).

                    2.  Title III, section 328 (Outer Continental Shelf) 
                        requirements of the CAA (40 CFR Part 55);

                    3.  Title IV (Acid Deposition Control) requirements of 
                        the CAA (40 CFR Parts 72, 73, 75, 76, 77, 78 and
                        regulations implementing sections 407 and 410 of 
                        the CAA);
                           
                    4.  Title VI (Stratospheric Ozone Protection) 
                        requirements of the CAA (40 CFR Part 82); and

                    5.  Monitoring and Analysis requirements (section 504(b) 
                        of the CAA).

                      [Reference: 40 CFR Part 70.2 Applicable Requirement]

                F.  California Air Resources Board (ARB)  "California Air
                    Resources Board" refers to the Air Resources Board of 
                    the State of California.

                G.  Clean Air Act (CAA)  "Clean Air Act" refers to the
                    federal Clean Air Act as amended in 1990 (42 U.S.C. 
                    section 7401 et seq.).

                H.  Code of Federal Regulations (CFR)  "Code of Federal
                    Regulations" refers to the United States Code of 
                    Federal Regulations.

                I.  Commence Operation  "Commence operation" is the date of
                    initial operation of an emissions unit, including any 
                    start-up or shakedown period authorized by a temporary 
                    permit to operate issued pursuant to section 42301.1 of 
                    the H&SC.

                J.  Direct Emissions  "Direct emissions" are emissions that
                    may reasonably pass through a stack, chimney, vent, or 
                    other functionally-equivalent opening.

                K.  District  "District" refers to the Glenn County Air
                    Pollution Control District.

                L.  Effective Date of Rule XXX  Article VIII  The "effective
                    date of Article VIII" is the date the U.S. EPA 
                    promulgates interim, partial, or final approval of the 
                    rule in the Federal Register.

                M.  Emergency  An "emergency" is any situation arising from 
                    a sudden and reasonably unforeseeable event beyond the 
                    control of a permittee (e.g., an act of God) which 
                    causes the exceedance of a technology-based emission 
                    limitation under a permit and requires immediate 
                    corrective action to restore compliance.  An "emergency" 
                    shall not include noncompliance as a result of 
                    improperly designed equipment, lack of preventive 
                    maintenance, careless or improper operation, or operator 
                    error (Article IV, Section 95.3).

                                     [Reference: 40 CFR Part 70.6(g)(1)]

                N.  Emissions Unit  An "emissions unit" is any identifiable
                    article, machine, contrivance, or operation which emits, 
                    may emit, or results in the emissions of, any regulated 
                    air pollutant or hazardous air pollutant.

                              [Reference: 40 CFR Part 70.2 Emissions Unit]

                O.  Federally-enforceable Condition  A 
                    "federally-enforceable condition" is any condition set 
                    forth in the permit to operate which addresses an 
                    applicable federal requirement or a voluntary emissions 
                    cap.

                P.  Fugitive Emissions  "Fugitive emissions" are emissions
                    which could not reasonably pass through a stack, 
                    chimney, vent, or other functionally-equivalent opening.

                         [Reference: 40 CFR Part 70.2 Fugitive Emissions]

                Q.  Hazardous Air Pollutant (HAP)  A "hazardous air
                    pollutant" is any air pollutant listed pursuant to 
                    section 112(b) of the CAA.

                R.  Health and Safety Code (H&SC)  "Health and Safety Code"
                    refers to the California Health and Safety Code.

                S.  Initial Permit  An "initial permit" is the first
                    operating permit for which a source submits an 
                    application that addresses the requirements of the 
                    federal operating permits program as implemented by 
                    Article VIII.

                T.  Major Source  A "major source" is a stationary source
                    which has the potential to emit a regulated air 
                    pollutant or a HAP in quantities equal to or exceeding 
                    the lesser of any of the following thresholds:

                    1.  100 tons per year (tpy) of any regulated air
                        pollutant;

                    2.  10 tpy of one HAP or 25 tpy of two or more HAPs; or

                    3.  Any lesser quantity threshold promulgated by the 
                        U.S. EPA.

                                [Reference: 40 CFR Part 70.2 Major Source]

                U.  Minor Permit Modification  A "minor permit modification"
                    is any modification to a federally-enforceable condition 
                    on a permit to operate which:  1) is not a significant 
                    permit modification, and 2) is not an administrative 
                    permit amendment.

                                       [Reference: 40 CFR Part 70.7(e)(2)]

                V.  Permit Modification  A "permit modification" is any
                    addition, deletion, or revision to a permit to operate 
                    condition.

      [Reference: 40 CFR Part 70.2 Permit Modification and Permit Revision]

                W.  Potential to Emit  For the purposes of Article VIII,
                    "potential to emit" as it applies to an emissions unit 
                    and a stationary source is defined below.

                    1.  Emissions Unit  The "potential to emit" for an
                        emissions unit is the maximum capacity of the unit 
                        to emit a regulated air pollutant or HAP considering 
                        the unit's physical and operational design.  
                        Physical and operational limitations on the 
                        emissions unit shall be treated as part of its 
                        design, if the limitations are set forth in permit 
                        conditions which address applicable federal 
                        requirements.  Physical and operational limitations 
                        shall include, but are not limited to, the 
                        following:  limits placed on emissions; and 
                        restrictions on hours of operation and type or 
                        amount of material combusted, stored, or processed.

                    2.  Stationary Source  The "potential to emit" for a
                        stationary source is the sum of the potential to 
                        emit from all emissions units at the stationary 
                        source.  If two or more HAPs are emitted at a 
                        stationary source, the potential to emit for
                        each of those HAPs shall be combined to determine 
                        applicability.  Fugitive emissions shall be 
                        considered in determining the potential to emit for:  
                        1) sources as specified in 40 CFR Part 70.2 Major 
                        Source (2), and 2) sources of HAP emissions.
                        Notwithstanding the above, any HAP emissions from 
                        any oil or gas exploration or production well (with 
                        its associated equipment) and any pipeline 
                        compressor or pump station shall not be aggregated 
                        with emissions of similar units for the purpose of
                        determining a major source of HAPs, whether or not 
                        such units are located in contiguous areas or are 
                        under common control.

       [Reference: 40 CFR Part 70.2 Potential to Emit and Major Source (2)]

                X.  Preconstruction Permit  A "preconstruction permit" is a
                    permit issued prior to construction which authorizes
                    construction:

                    1.  Pursuant to a program for the prevention of
                        significant deterioration of air quality required by 
                        Section 165 of the CAA or

                    2.  Pursuant to a new source review program required by
                        sections 172 and 173 of the CAA or Article III 
                        Section 51.

                  [Reference: 40 CFR Part 70.2 Applicable Requirement 2)]

                Y.  Regulated Air Pollutant  A "regulated air pollutant" is
                    any pollutant:  1) which is emitted into or otherwise 
                    enters the ambient air, and 2) for which the U.S. EPA 
                    has adopted an emission limit, standard, or other 
                    requirement.  Regulated air pollutants include:

                    1.  Oxides of nitrogen and volatile organic compounds;

                    2.  Any pollutant for which a national ambient air 
                        quality standard has been promulgated pursuant to 
                        section 109 of the CAA;

                    3.  Any pollutant subject to a new source performance
                        standard promulgated pursuant to section 111 of CAA;

                    4.  Any ozone-depleting substance specified as a
                        Class I (chlorofluorocarbons) or Class II 
                        (hydrofluorocarbons) substance pursuant to Title VI 
                        of the CAA; and

                    5.  Any pollutant subject to a standard or requirement
                        promulgated pursuant to section 112 of the CAA, 
                        including:

                        a.  Any pollutant listed pursuant to section 112(r) 
                            of the CAA (Prevention of Accidental Releases) 
                            shall be considered a "regulated air pollutant" 
                            upon promulgation of the list.

                        b.  Any HAP subject to a standard or other 
                            requirement promulgated by the U.S. EPA pursuant 
                            to section 112(d) or adopted by the District 
                            pursuant to 112(g) and (j) of the CAA shall be
                            considered a "regulated air pollutant" for all 
                            sources or categories of sources:  1) upon 
                            promulgation of the standard or requirement, or 
                            2) 18 months after the standard or requirement
                            was scheduled to be promulgated pursuant to 
                            section 112(e)(3) of the CAA.

                        c.  Any HAP subject to a District case-by-case
                            emissions limitation determination for a new or 
                            modified source, prior to the U.S. EPA 
                            promulgation or scheduled promulgation of an 
                            emissions limitation shall be considered a 
                            "regulated air pollutant" when the determination 
                            is made pursuant to section 112(g)(2) of the 
                            CAA.  In case-by-case emissions limitation 
                            determinations, the HAP shall be considered a
                            "regulated air pollutant" only for the 
                            individual source for which the emissions 
                            limitation determination was made.

                      [Reference: 40 CFR Part 70.2 Regulated Air Pollutant]

                Z.  Responsible Official  A "Responsible Official" is an
                    individual with the authority to certify that a source 
                    complies with all applicable federal requirements and
                    federally-enforceable conditions of permits issued to 
                    sources in accordance with Article VIII.  "Responsible 
                    official" means one of the following:

                    1.  For a corporation, a president, secretary, 
                        treasurer, or vice-president of the corporation in 
                        charge of a principal business function, or any 
                        other person who performs similar policy or 
                        decision-making functions for the corporation, or a
                        duly authorized representative of such person if the
                        representative is responsible for the overall 
                        operation of one or more manufacturing, production, 
                        or operating facilities applying for or subject to 
                        a permit and either:

                        a.  The facilities employ more than 250 persons or
                            have gross annual sales or expenditures 
                            exceeding $25 million (in second quarter 
                            1980 dollars); or

                        b.  The delegation of authority to such 
                            representative is approved in advance by the 
                            APCO;

                    2.  For a partnership or sole proprietorship, a general
                        partner or the proprietor, respectively;

                    3.  For a municipality, state, federal, or other public
                        agency, either a principal executive officer or a 
                        ranking elected official; or

                   4.  For an acid rain unit subject to Title IV (Acid
                       Deposition Control) of the CAA, the "responsible 
                       official" is the designated representative of that 
                       unit for any purposes under Title IV and 
                       Article VIII.

                       [Reference: 40 CFR Part 70.2 Responsible Official]
                   
                       AA.  Significant Permit Modification  A "significant
                            permit modification" is any modification to a
                            federally-enforceable condition on a permit to 
                            operate which:

                            1.  Involves any modification under 
                                section 112(g) of Title I of the CAA or 
                                under U.S. EPA regulations promulgated
                                pursuant to Title I of the CAA, including 
                                40 CFR Parts 51, 52, 60, 61, and 63;

                            2.  Significantly changes monitoring conditions;

                            3.  Provides for the relaxation of any reporting 
                                or recordkeeping conditions;

                            4.  Involves a permit term or condition which 
                                allows a source to avoid an applicable 
                                federal requirement, including:  1) a 
                                federally-enforceable voluntary emissions 
                                cap assumed in order to avoid triggering a 
                                modification requirement of Title I of the 
                                CAA, or 2) an alternative HAP emission limit 
                                pursuant to section 112(i)(5) of the CAA;

                            5.  Involves a case-by-case determination of any
                                emission standard or other requirement; or

                            6.  Involves a source-specific determination for
                                ambient impacts, visibility analysis, or 
                                increment analysis on portable sources.

                               [Reference: 40 CFR Part 70.7(e)(2) and (4)]

                       BB.  Solid Waste Incinerator  A "solid waste 
                            incinerator" is any incinerator which burns 
                            solid waste material from commercial, 
                            industrial, medical, general public sources 
                            (e.g., residences, hotels, or motels), or other 
                            categories of solid waste incinerators subject 
                            to a performance standard promulgated pursuant 
                            to sections 111 or 129 of the CAA.

                            The following incinerators are excluded from the
                            definition of "solid waste incinerator" for the 
                            purpose of Article VIII:
                        
                            1.  Any hazardous waste incinerator required to
                                obtain a permit under the authority of 
                                section 3005 of the Solid Waste Disposal Act 
                                (42 U.S.C. section 6925);

                            2.  Any materials recovery facility which 
                                primarily recovers metals;

                            3.  Any qualifying small power production 
                                facility as defined in 16 U.S.C.A. 
                                section 796(17)(C);

                            4.  Any qualifying cogeneration facility which 
                                burns homogenous waste for the production of 
                                energy as defined in 16 U.S.C.A. 
                                section 796(18)(B); or

                            5.  Any air curtain incinerator which burns only
                                wood, yard, or clean lumber waste and 
                                complies with the opacity limitations to be 
                                established by the Administrator of the 
                                U.S. EPA.

                       CC.  Stationary Source  For the purposes of 
                            Article VIII, a "stationary source" is any 
                            building, structure, facility, or installation 
                            (or any such grouping) that:

                            1.  Emits, may emit, or results in the emissions 
                                of any regulated air pollutant or HAP;

                            2.  Is located on one or more contiguous or 
                                adjacent properties;

                            3.  Is under the ownership, operation, or 
                                control of the same person (or persons under 
                                common control) or entity; and

                            4.  Belongs to a single major industrial 
                                grouping; for example, each building, 
                                structure, facility, or installation in the 
                                grouping has the same two-digit code under 
                                the system described in the 1987 Standard 
                                Industrial Classification Manual.

                           [Reference: 40 CFR Part 70.2 Stationary Source]
                   
                       DD.  United States Environmental Protection Agency
                            (U.S. EPA)  "United States Environmental 
                            Protection Agency" refers to the Administrator 
                            or appropriate delegee of the "United States 
                            Environmental Protection Agency."

                       EE.  Voluntary Emissions Cap  A "voluntary emissions 
                            cap" is an optional, federally-enforceable 
                            emissions limit on one or more emissions unit(s) 
                            which a source assumes in order to avoid an 
                            applicable federal requirement.  The source 
                            remains subject to all other applicable federal 
                            requirements.

          III.  APPLICABILITY

                A.  Sources Subject to Article VIII  [Reference: 40 CFR 
                    Part 70.3(a)]

                    The sources listed below are subject to the requirements 
                    of Article VIII:

                    1.  A major source;

                    2.  A source with an acid rain unit for which 
                        application for an Acid Rain Permit is required 
                        pursuant to Title IV of the CAA;

                    3.  A solid waste incinerator subject to a performance
                        standard promulgated pursuant to section 111 or 129 
                        of the CAA;

                    4.  Any other source in a source category designated,
                        pursuant to 40 CFR Part 70.3, by rule of the 
                        U.S. EPA; and

                    5.  Any source that is subject to a standard or other
                        requirement promulgated pursuant to section 111 or 
                        112 of the CAA, published after July 21, 1992, 
                        designated, pursuant to 40 CFR Part 70.3, by the 
                        U.S. EPA at the time the new standard or requirement 
                        is promulgated.

                B.  Sources Exempt from Article VIII  [Reference: 40 CFR 
                    Part 70.3(b)]

                    The sources listed below are not subject to the
                    requirements of Article VIII:

                    1.  Sources regulated solely by 40 CFR Part 60,
                        Subpart AAA (Standards of Performance for New 
                        Residential Wood Heaters);

                    2.  Sources regulated solely by 40 CFR Part 61, 
                        Subpart M, section 145 (National Emission Standards 
                        for Asbestos, Standard for Demolition and 
                        Renovation); and

                    3.  Any other source in a source category deferred,
                        pursuant to 40 CFR Part 70.3, by U.S. EPA 
                        rulemaking.

          IV.   ADMINISTRATIVE PROCEDURES FOR SOURCES

                A.  Permit Requirement

                    A source shall operate in compliance with permits to
                    operate issued pursuant to Article VIII.  Article VIII 
                    does not alter any applicable requirement that a source 
                    obtain preconstruction permits.

                              [Reference: 40 CFR Part 70.7(a)(6) and (b)]

                    If an Owner or Operator submits, pursuant to 
                    Article VIII, a timely and complete application for a 
                    permit, a source shall not be in violation of the 
                    requirement to have a permit to operate until the APCO 
                    takes final action on the application.  The application 
                    shield here will cease to insulate a source from 
                    enforcement action if an Owner or Operator of the source 
                    fails to submit any additional information requested by 
                    the APCO pursuant to subsection IV.C.2., below.

                                    [Reference: 40 CFR Part 70.7(b)]

                    If an Owner or Operator submits a timely and complete
                    application for an initial permit, the source shall 
                    operate in accordance with the requirements of any valid 
                    permit to operate issued pursuant to section 42301 of 
                    the H&SC until the APCO takes final action on the 
                    application.  If an Owner or Operator submits a timely 
                    and complete application for renewal of a permit to
                    operate, the source shall operate in accordance with the 
                    permit to operate issued pursuant to Article VIII, 
                    notwithstanding expiration of this permit, until the 
                    APCO takes final action on the application.

                B.  Application Requirements  [Reference: 40 CFR Part 70.5]

                    1.  Initial Permit 
                    
                              [Reference:40 CFR Part70.5(a)(1) and (c)(10)]

                        a.  For a source that is subject to Article VIII on
                            the date the rule becomes effective, an Owner or 
                            Operator shall submit a standard District 
                            application within 12 months after the date the 
                            rule becomes effective.

                        b.  For a source that becomes subject to
                            Article VIII after the date the rule becomes 
                            effective, an Owner or Operator shall submit a 
                            standard District application within 12 months 
                            of the source commencing operation.

                        c.  For a source with an acid rain unit, an Owner 
                            or Operator shall submit a standard District 
                            application and acid rain permits applications 
                            to the District.  The applications shall be 
                            submitted within the following timeframe:

                            1) If the source is subject to Article VIII
                               because of subsection III.A.1., above, within 
                               the applicable timeframe specified in 
                               subsection B.1.a. or B.1.b., above.

                            2) If the source is subject to Article VIII only
                               because of subsection III.A.2., above, by 
                               January 1, 1996, or, if applicable, a latter 
                               date established by 40 CFR Part 72.

                    2.  Permit Renewal

                              [Reference: 40 CFR Part 70.5(a)(1)(iii)]

                        For renewal of a permit, an Owner or Operator shall
                        submit a standard District application no earlier 
                        than 18 months and no later than 6 months before the 
                        expiration date of the current permit to operate.  
                        Permits to operate for all emissions units at a 
                        stationary source shall undergo simultaneous 
                        renewal.
                        
                    3.  Significant Permit Modification  
                    
                                    [Reference: 40 CFR Part 70.5(a)(1)(ii)]

                        After obtaining any required preconstruction 
                        permits, an Owner or Operator shall submit a 
                        standard District application for each emissions 
                        unit affected by a proposed permit revision that 
                        qualifies as a significant permit modification.  
                        Upon request by the APCO, the Owner or Operator 
                        shall submit copies of the latest preconstruction 
                        permit for each affected emissions unit.  The 
                        emissions unit(s) shall not commence operation 
                        until the APCO takes final action to approve the 
                        permit revision.

                    4.  Minor Permit Modification

              [Reference: 40 CFR Part 70.5(a)(ii) and 70.7(e)(2)(ii and v)]

                        After obtaining any required preconstruction 
                        permits, an Owner or Operator shall submit a 
                        standard District application for each emissions 
                        unit affected by the proposed permit revision that 
                        qualifies as a minor permit modification.  The 
                        emissions unit(s) affected by the proposed permit 
                        modification shall not commence operation until the 
                        APCO takes final action to approve the permit 
                        revision.  In the application, the Owner or Operator
                        shall include the following:

                        a.  A description of the proposed permit revision, 
                            any change in emissions, and additional 
                            applicable federal requirements that will apply;

                        b.  Proposed permit terms and conditions; and

                        c.  A certification by an Owner or Operator that the
                            permit revision meets criteria for use of minor 
                            permit modification procedures and a request 
                            that such procedures be used.

                   5.  Acid Rain Unit Permit Modification  
                   
                                        [Reference: 40 CFR Part 70.7(e)]

                       A permit modification of the acid rain portion of 
                       the operating permit shall be governed by 
                       regulations promulgated pursuant to Title IV of the 
                       CAA.

                C.  Application Content and Correctness  
                
                                             [Reference: 40 CFR Part 70.5]

                    1.  Application Content

                        When submitting an application, the Owner or 
                        Operator shall include the following information:

                        a.  Information identifying the source;

                                        [Reference: 40 CFR Part 70.5(c)(1)]

                        b.  Description of processes and products (by 
                            Standard Industrial Classification Code) 
                            including any associated with proposed 
                            alternative operating scenarios;

                                       [Reference: 40 CFR Part 70.5(c)(2)]

                        c.  Identification of fees specified in Article 6;

                                       [Reference: 40 CFR Part 70.6(a)(7)]

                        d.  A listing of all existing emissions units at the
                            stationary source and identification and 
                            description of all points of emissions from the 
                            emissions units in sufficient detail to 
                            establish the applicable federal requirements 
                            and the basis for fees pursuant to section VII, 
                            below;

                                    [Reference: 40 CFR Part 70.5(c)(3)(i)]

                        e.  Citation and description of all applicable 
                            federal requirements, information and 
                            calculations used to determine the applicability 
                            of such requirements and other information that 
                            may be necessary to implement and enforce such 
                            requirements;

                 [Reference: 40 CFR Part 70.5(c)(3)(vii) and (4)(i and ii)]

                        f.  Calculation of all emissions, including fugitive
                            emissions, in tons per year and in such terms as 
                            are necessary to establish compliance with the 
                            all applicable District, state, or federal 
                            requirements for the following:

                            1) All regulated air pollutants emitted from the
                               source,

                            2) Any HAP that the source has the potential to
                               emit in quantities equal to or in excess of 
                               10 tons per year, and

                            3) If the source has the potential to emit two 
                               or more HAPs in quantities equal to or in 
                               excess of 25 tons per year, all HAPs emitted 
                               by the source;

                           [Reference: 40 CFR Part 70.5(c)(3)(i and viii)]

                        g.  As these affect emissions from the source, the
                            identification of fuels, fuel use, raw materials, 
                            production rates, operating schedules, 
                            limitations on source operation or workplace 
                            practices;

                            [Reference: 40 CFR Part 70.5(c)(3)(iv and vi)]

                        h.  An identification and description of air 
                            pollution control equipment and compliance 
                            monitoring devices or activities;

                                     [Reference: 40 CFR Part 70.5(c)(3)(v)]
                        
                        i.  Other information required by an applicable
                            federal requirement;

                           [Reference: 40 CFR Part 70.5(c)(3)(vii) and (5)]

                        j.  The information needed to define permit terms or 
                            conditions implementing a source's options for 
                            operational flexibility, including alternative 
                            operating scenarios, pursuant to subsection 
                            V.G., below;

                                       [Reference: 40 CFR Part 70.5(c)(7)]

                        k.  A compliance plan and compliance schedule with 
                            the following:

                            1) A description of the compliance status of 
                               each emissions unit within the stationary 
                               source with respect to applicable federal 
                               requirements,

                            2) A statement that the source will continue to
                               comply with such applicable federal 
                               requirements that the source is in 
                               compliance,

                            3) A statement that the source will comply, on a
                               timely basis, with applicable federal 
                               requirements that will become effective 
                               during the permit term, and 
                           
                            4) A description of how the source will achieve
                               compliance with requirements for which the 
                               source is not in compliance;

                                       [Reference: 40 CFR Part 70.5(c)(8)]

                        l.  For a source not in compliance with an 
                            applicable federal requirement at the time of 
                            permit issuance or renewal, a schedule of 
                            compliance approved by the District hearing 
                            board that identifies remedial measures with 
                            specific increments of progress, a final 
                            compliance date, testing and monitoring methods, 
                            recordkeeping requirements, and a schedule for
                            submission of certified progress reports to the 
                            U.S EPA and the APCO at least every 6 months;

                              [Reference: 40 CFR Part 70.5(c)(8)(iii)(C)]

                        m.  A certification by an Responsible Official of 
                            the truth, accuracy and completeness of 
                            application forms, progress reports at least 
                            every 6 months, statements on compliance status
                            with any applicable enhanced monitoring, and 
                            compliance plans at least annually;

                              [Reference: 40 CFR Part 70.5(c)(9) and (d)]

                        n.  For a source with an acid rain unit, an
                            application shall include the elements required 
                            by 40 CFR Part 72;

                                     [Reference: 40 CFR Part 70.5(c)(10)]

                        o.  For a source of HAPs required to prepare a risk
                            management plan pursuant to section 112(r) of 
                            the CAA, the application shall include 
                            verification that such a plan has been submitted 
                            to the authorized implementing agency or a 
                            compliance schedule for the submittal of such a 
                            plan; and

                        p.  For proposed portable sources, an application
                            shall identify all locations of potential 
                            operation and how the source will comply with 
                            all applicable District, state, and federal 
                            requirements at each location.  
                            
                                          [Reference: 40 CFR Part 70.6(e)]

                    2.  Correctness of Applications

                             [Reference: 40 CFR Part 70.5(a)(2) and (b)]

                        An Owner or Operator of a source shall submit an
                        accurate and complete application in accordance with 
                        the requirements of the District.

                        a.  Upon written request of the APCO, an Owner or
                            Operator shall supplement any complete 
                            application with additional information within 
                            the timeframe specified by the APCO.

                        b.  An Owner or Operator shall promptly provide
                            additional information in writing to the APCO 
                            upon discovery of submittal of any inaccurate 
                            information as part of the application or as a 
                            supplement thereto, or of any additional
                            relevant facts previously omitted which are 
                            needed for accurate analysis of the application.

                        c.  Intentional or negligent submittal of inaccurate
                            information shall be reason for denial of an 
                            application.
                
                D.  Written Requests for District Action

                    An Owner or Operator shall submit a written request to 
                    the APCO for the following permit actions:

                    1.  Administrative Permit Amendment  
                    
                                       [Reference: 40 CFR Part 70.7(d)(3)]

                        For an administrative permit amendment, an Owner or
                        Operator may implement the change addressed in the 
                        written request immediately upon submittal of the 
                        request.

                    2.  Permit Modification for a Condition that is not
                        Federally Enforceable

                        For a permit modification for a condition that is 
                        not federally enforceable, an Owner or Operator 
                        shall submit a written request in accordance with 
                        the requirements of Article III.

                    3.  Permits to Operate for New Emissions Units

                        For permits to operate for a new emissions unit at a
                        stationary source, an Owner or Operator shall submit 
                        a written request in accordance with the 
                        requirements of Article III, Section 51, except 
                        under the following circumstances:

                        a.  The construction or operation of the emissions
                            unit is a modification under U.S. EPA 
                            regulations promulgated pursuant to Title I of 
                            the CAA, including 40 CFR Parts 51,52,60,61, 63;

                             [Reference: 40 CFR Part 70.7(e)(2)(i)(A)(5)]

                        b.  The construction or operation of the emissions
                            unit is addressed or prohibited by permits for 
                            other emissions units at the stationary source; 
                            or

                                     [Reference: 40 CFR Part 70.5(a)(ii)]

                        c.  The emissions unit is an acid rain unit subject 
                            to Title IV of the CAA.

                                          [Reference: 40 CFR Part 70.7(e)]

                            In the circumstances specified in subsections a., 
                            b., or c., above, an Owner or Operator shall
                            apply for a permit to operate for the new 
                            emissions unit pursuant to the requirements of 
                            Article VIII.

                E.  Response to Permit Reopening For Cause

                                    [Reference: 40 CFR Part 70.6(a)(6)(v)]

                    Upon notification by the APCO of a reopening of a permit
                    for cause for an applicable federal requirement pursuant 
                    to section V.H., below, an Owner or Operator shall 
                    respond to any written request for information by the 
                    APCO within the timeframe specified by the APCO.

          V.    DISTRICT ADMINISTRATIVE PROCEDURES

                A.  Completeness Review of Applications  
                
                         [Reference: 40 CFR Part 70.5(a)(2) and 70.7(a)(4)]

                    The APCO shall determine if an application is complete 
                    and shall notify the Owner or Operator of the 
                    determination within the following time frames:

                    1.  For an initial permit, permit renewal, or a
                        significant permit modification, within 60 days of 
                        receiving the application;

                    2.  For a minor permit modification, within 30 days of
                        receiving the application.

                    The application shall be deemed complete unless the APCO
                    requests additional information or otherwise notifies 
                    the Owner or Operator that the application is incomplete 
                    within the time frames specified above.

                B.  Notification of Completeness Determination

              [Reference: 40 CFR Part 70.7(e)(2)(iii) and 70.8(a)(1 and 2)]

                    The APCO shall provide written notification of the
                    completeness determination to the U.S. EPA, the ARB and 
                    any affected state and shall submit a copy of the 
                    complete application to the U.S. EPA within five working 
                    days of the determination.  The APCO need not provide 
                    notification for applications from sources that are not 
                    major sources when the U.S. EPA waives such requirement 
                    for a source category by regulation or at the time of 
                    approval of the District operating permits program.

                C.  Application Processing Time frames  
                    
                                       [Reference: 40 CFR Part 70.7(a)(2)]

                    The APCO shall act on a complete application in 
                    accordance with the procedures in subsections D., E. 
                    and F., below (except as application procedures for 
                    acid rain units are provided for under regulations 
                    promulgated pursuant to Title IV of the CAA), and take 
                    final action within the following time frames:

                    1.  For an initial permit for a source subject to
                        Article VIII on the date the rule becomes effective, 
                        no later than three years after the date the rule 
                        becomes effective;

                                      [Reference: 40 CFR Part 70.4(b)(11)]
                   
                    2.  For an initial permit for a source that becomes
                        subject to Article VIII after the date the rule 
                        becomes effective, no later than 18 months after the 
                        completed application is received;

                    3.  For a permit renewal, no later than 18 months after
                        the complete application is received;

                    4.  For a significant permit modification, no later 
                        than 18 months after the complete application is 
                        received;

                    5.  For a minor permit modification, within 90 days 
                        after the application is received or 60 days after 
                        written notice to the U.S. EPA on the proposed 
                        decision, whichever is later; or

                                   [Reference: 40 CFR Part 70.7(e)(2)(iv)]

                    6.  For any permit application with early reductions
                        pursuant to section 112(i)(5) of the CAA, within 
                        9 months after the complete application is deemed 
                        complete received.
          
                                 [Reference: 40 CFR Part 70.4(b)(11)(iii)]

                D.  Notification and Opportunity for Review of Proposed
                    Decision

                                 [Reference: 40 CFR Part 70.7(h) and 70.8]

                    Within the applicable timeframe specified in 
                    subsection C., above, the APCO shall provide notice of 
                    and opportunity to review the proposed decision to issue 
                    a permit to operate in accordance with requirements in 
                    this subsection.

                    1.  For initial permits, renewal of permits, significant
                        permit modifications, and reopenings for cause, the 
                        APCO shall provide the following:

                        a.  Written notice, the proposed permit and, upon
                            request, copies of the District analysis to 
                            interested persons or agencies.  The District 
                            analysis shall include a statement that sets 
                            forth the legal and factual basis for the 
                            proposed permit conditions, including references 
                            to the applicable statutory and regulatory 
                            provisions.  Interested persons or agencies 
                            shall include persons who have requested in 
                            writing to be notified of proposed Article VIII 
                            decisions, any affected state and the ARB.

                       [Reference: 40 CFR Part 70.7(h)(3) and 70.8 (b)(1)]

                        b.  On or after providing written notice pursuant to
                            subsection a., above, public notice that shall 
                            be published in at least one newspaper of 
                            general circulation in the District.  The notice 
                            shall provide the following information:

                            1) The identification of the source, the name 
                               and address of permit holder, the 
                               activity(ies) and emission(s) change involved 
                               in the permit action;

                            2) The name and address of the District, the 
                               name and telephone number of District staff 
                               to contact for additional information;

                            3) The availability, upon request, of a 
                               statement that sets forth the legal and 
                               factual basis for the proposed permit 
                               conditions;

                            4) The location where the public may inspect the
                               complete application, the District analysis, 
                               and the proposed permit;

                            5) A statement that the public may submit 
                               written comments regarding the proposed 
                               decision within at least 30 days from the 
                               date of publication and a brief description 
                               of commenting procedures, and

                            6) A statement that members of the public may
                               request the APCO to preside over a public 
                               hearing for the purpose of receiving oral 
                               public comment, if a hearing has not already
                               been scheduled.  The APCO shall provide 
                               notice of any public hearing scheduled to 
                               address the proposed decision at least
                               30 days prior to such hearing;

               [Reference: 40 CFR Part 70.7(a)(5) and 70.7(h)(1, 2 and 4)]

                        c.  A copy of the complete application, the District
                            analysis and the proposed permit at District 
                            offices for public review and comment during 
                            normal business hours;

                        d.  A written response to persons or agencies that
                            submitted written comments which are postmarked 
                            by the close of the public notice and comment 
                            period.  All written comments and responses to 
                            such comments shall be kept on file at the 
                            District office and made available upon request.

                             [Reference: 40 CFR Part 70.7(h)(5) and 70.8]

                        e.  After completion of the public notice and 
                            comment period pursuant to subsection ab., 
                            above, written notice to the U.S. EPA of the 
                            proposed decision along with copies of the
                            proposed permit, the District analysis, the 
                            public notice submitted for publication, the 
                            Districts's response to written comments, and 
                            all necessary supporting information.

                                             [Reference: 40 CFR Part 70.8]

                    2.  For minor permit modifications, the APCO shall 
                        provide written notice of the proposed decision to 
                        the U.S. EPA, the ARB, and any affected state.  
                        Additionally, the District shall provide to the 
                        U.S. EPA (and, upon request, to the ARB or any 
                        affected state) copies of the proposed permit, the 
                        District analysis, and all necessary supporting 
                        information.  The District analysis shall include a 
                        statement that sets forth the legal and factual
                        basis for the proposed permit conditions, including 
                        references to the applicable statutory and 
                        regulatory provisions.

                     [Reference: 40 CFR Part 70.7(a)(1)(iii and v) and(5)]

                E.  Changes to the Proposed Decision

                    Changes to the proposed decision shall be governed by 
                    the following procedure:

                    1.  The APCO may modify or change the proposed decision,
                        the proposed permit, or the District analysis on the 
                        basis of information set forth in the comments 
                        received during the public comment period provided 
                        pursuant to subsection D.1.ab., above, or due to 
                        further analysis of the APCO.  Pursuant to 
                        subsection D.1.e., above, the APCO shall forward any 
                        such modified proposed decision, the proposed 
                        permit, the District analysis, and all necessary 
                        supporting information to the U.S. EPA.

                              [Reference: 40 CFR 70.7(g)(5) and 70.8(b)(2)]

                    2.  If the U.S. EPA objects in writing to the proposed
                        decision within 45 days of being notified of the 
                        decision and receiving a copy of the proposed permit 
                        and all necessary supporting information pursuant to 
                        subsection D.1.e., above, the APCO shall not issue 
                        the permit.  The APCO shall either deny the 
                        application or revise and resubmit a permit which 
                        addresses the deficiencies identified in the 
                        U.S. EPA objection within the following time frames:

                        a.  For initial permits, permit renewals, and
                            significant permit modifications, within 90 days 
                            of receiving the U.S. EPA objection; or

                        b.  For minor permit modifications, within 90 days 
                            of receipt of the application or 60 days of the 
                            notice to U.S. EPA, whichever is later.

                       [Reference: 40 CFR Part 70.7(e)(2)(iv) and 70.8(c)]

                F.  Final Decision

                    If the U.S. EPA does not object in writing within
                    45 days of the notice provided pursuant to 
                    subsection D.1.e., above, or the APCO submits a revised 
                    permit pursuant to subsection E.2., above, the APCO 
                    shall, expeditiously, deny the application or issue the 
                    final permit to operate.  In any case, the APCO shall 
                    take final action on an application within the 
                    applicable timeframe specified in subsection C., above.  
                    Failure of the APCO to act on a permit application or 
                    permit renewal application in accordance to the time 
                    frames provided in subsection C., above, shall be 
                    considered final action for purposes of obtaining 
                    judicial review to require that action on the 
                    application be taken expeditiously.

             [Reference: 40 CFR Part 70.4(b)(xi), 70.7(a)(1)(v) and (a)(2), 
                         and 70.8(c)]

                    Written notification of the final decision shall be sent 
                    to the Owner or Operator of the source, the U.S. EPA, 
                    the ARB and any person and affected state that submitted 
                    comments during the public comment period.  The APCO 
                    shall submit a copy of a permit to operate as issued to 
                    the U.S. EPA and provide a copy to any person or agency 
                    requesting a copy.  If the application is denied, the 
                    APCO shall provide reasons for the denial in writing to 
                    the Owner or Operator along with the District analysis 
                    and cite the specific statute, rule, or regulation upon 
                    which the denial is based.

                                        [Reference: 40 CFR Part 70.8(a)(1)]

                G.  District Action on Written Requests

                    The APCO shall act on a written request of an Owner or
                    Operator for permit action using the applicable 
                    procedure specified in this subsection.

                    1.  Administrative Permit Amendment  
                               
                                       [Reference: 40 CFR Part 70.7(d)(3)]

                        The APCO shall take final action no later than 
                        60 days after receiving the written request for an 
                        administrative permit amendment.

                        a.  After designating the permit revisions as an
                            administrative permit amendment, the APCO may 
                            revise the permit without providing notice to 
                            the public or any affected state.

                        b.  The APCO shall provide a copy of the revised
                            permit to the Owner or Operator and the 
                            U.S. EPA.

                        c.  While the APCO need not make a completeness
                            determination on a written request, the APCO 
                            shall notify the Owner or Operator if the APCO 
                            determines that the permit cannot be revised as 
                            an administrative permit amendment.

                    2.  Permit Modification for a Condition that is not
                        Federally Enforceable

                          [Reference: 40 CFR Part 70.4(b)(14) and 70.6(b)]

                        The APCO shall take action on a written request for 
                        a permit modification for a condition that is not 
                        federally enforceable in accordance with the 
                        requirements of Article III, Section 50 under the 
                        following circumstances:

                        a.  Any change at the stationary source allowed by 
                            the permit modification shall meet all 
                            applicable federal requirements and shall not 
                            violate any existing permit term or condition; 
                            and

                        b.  The APCO provides to the U.S. EPA a
                            contemporaneous written notice describing the 
                            change, including the date, any change in 
                            emissions or air pollutants emitted, and any 
                            applicable federal requirement that would apply 
                            as a result of the change.

                    3.  Permits to Operate for New Emissions Unit

                        The APCO shall take action on a written request for 
                        a permit to operate for a new emissions unit in 
                        accordance with the requirements of Article III 
                        under the circumstances specified in subsection 2.a. 
                        and 2.b., above.  However, if subsections IV.D.3.a., 
                        IV.D.3.b., or IV.D.3.c., above, apply, the APCO 
                        shall require the submittal of a standard District 
                        application and take action on that application 
                        pursuant to the requirements of Article VIII.

                H.  Permit Reopening for Cause  
                                   
                                       [Reference: 40 CFR Part 70.7(f)]

                    The APCO shall reopen and revise a permit to operate 
                    during the annual review period required by 
                    section 42301(c) of the H&SC, or petition the District 
                    hearing board to do so pursuant to section 42307 of the 
                    H&SC, whichever is applicable, prior to its expiration 
                    date upon discovery of cause for reopening or upon
                    notification of cause for reopening by the U.S. EPA, or 
                    within 18 months of promulgation of a new applicable 
                    federal requirement. The APCO shall act only on those 
                    parts of the permit for which cause to reopen exists.

                                       [Reference: 40 CFR Part 70.7(f)(2)]

                    1.  Circumstances that are cause for reopening and
                        revision of a permit include, but are not limited 
                        to, the following:

                        a.  The need to correct a material mistake or
                            inaccurate statement;

                        b.  The need to revise or revoke a permit to operate
                            to assure compliance with applicable federal 
                            requirements;

                        c.  The need to incorporate any new, revised, or
                            additional applicable federal requirements, if 
                            the remaining authorized life of the permit is 
                            3 years or greater, no later than 18 months 
                            after the promulgation of such requirement 
                            (where less than 3 years remain in the 
                            authorized life of the permit, the APCO shall 
                            incorporate these requirements into the permit 
                            to operate upon renewal); or

                        d.  The need to reopen a permit issued to acid rain
                            unit subject to Phase II of Title IV of the CAA 
                            to include:

                            1) Oxides of nitrogen requirements prior to
                               January 1, 1999, and

                            2) Additional requirements promulgated pursuant
                               to Title IV as they become applicable to any 
                               acid rain unit governed by the permit.

                                        [Reference: 40 CFR Part 70.7(f)(1)]

                    2.  In processing a permit reopening, the APCO shall use
                        the same procedures as for an initial permit and 
                        shall additionally:

                        a.  Provide written notice to an Owner or Operator 
                            and the U.S. EPA at least 30 days, or a shorter 
                            period in the case of an emergency, prior to 
                            reopening a permit; and

                        b.  Complete action to revise the permit as 
                            specified in the notice of reopening within 
                            60 days after the written notice to the U.S. EPA 
                            pursuant to subsection D.1.e., if the U.S. EPA 
                            does not object, or after the APCO has responded 
                            to U.S. EPA objection pursuant to 
                            subsection E.2., above.

                    [Reference: 40 CFR Part 70.7(f)(2 and 3) and (g)(5)(i)]

                I.  Options for Operational Flexibility

                     [Reference: 40 CFR Part 70.4(b)(12) and (d)(3)(viii)]

                    The APCO shall allow specified changes in operations at 
                    a source without requiring a permit revision for 
                    conditions that address an applicable federal 
                    requirement.  The APCO shall not allow changes which 
                    constitute a modification under Title I of the CAA or 
                    Article III, Section 51, or that result in an exceedance 
                    of the emissions allowable under the permit, whether
                    expressed therein as a rate of emissions or in terms of 
                    total emissions without revision to the permit.  The 
                    source may gain operational flexibility through use of 
                    the following options:

                    1.  Alternative Operating Scenarios  
                    
                                       [Reference: 40 CFR Part 70.6(a)(9)]

                        The APCO shall allow the use of alternative 
                        operating scenarios provided that:

                        a.  Terms and conditions applicable to each 
                            operating scenario are identified by the Owner 
                            or Operator in the permit application,

                        b.  The terms and conditions are approved by the 
                            APCO,

                        c.  The terms and conditions are incorporated into 
                            the permit; and

                        d.  The terms and conditions are in compliance with
                            all applicable District, state, and federal 
                            requirements.

                        A permit condition shall require a contemporaneous 
                        log to record each change made from one operating 
                        scenario to another.

                    2.  Voluntary Emissions Caps

                            [Reference: 40 CFR Part 70.4(b)(12)(iii) and 
                                        70.6(a),(a)(10) and (c)]

                        The APCO shall issue a permit that contains terms 
                        and conditions that allow for trading of emissions 
                        increases and decreases within the stationary source 
                        solely for the purpose of complying with a voluntary 
                        emissions cap established in the permit independent 
                        of otherwise applicable federal requirements 
                        provided that:

                        a.  The requirements of subsections 1.a., 1.c., and
                            1.d., above, are met;

                        b.  The terms and conditions are approved by the 
                            APCO as quantifiable and enforceable; and

                        c.  The terms and conditions are consistent with the
                            applicable preconstruction permit.  A permit 
                            condition shall require that an Owner or 
                            Operator provide written notice to the APCO 
                            30 days in advance of a change by clearly 
                            requesting operational flexibility under this 
                            subsection of Article VIII.  The written notice 
                            shall describe the change, identify the 
                            emissions unit which will be affected, the date 
                            on which the change will occur and the duration 
                            of the change, any change in emissions of any 
                            air pollutant, whether regulated or not, and any
                            new emissions of any air pollutant not emitted 
                            before the change, whether regulated or not.

                    3.  Contravening an Express Permit Condition

                                   [Reference: 40 CFR Part 70.4(b)(12)]

                        The APCO shall allow for changes in operation that
                        contravene an express condition addressing an 
                        applicable federal requirement in a permit to 
                        operate provided that:

                        a.  The change will not violate any applicable 
                            federal requirement;

                        b.  The change will not contravene 
                            federally-enforceable conditions that are 
                            monitoring (including test methods), 
                            recordkeeping, reporting, or compliance 
                            certification requirements;

                       c.  The change is not a modification under Title I of
                           the CAA or any provision of Article III, 
                           Section 51;

                       d.  The change does not result in exceeding the
                           emissions allowable under the permit, whether 
                           expressed therein as a rate of emissions or in 
                           terms of total emissions;

                       e.  Written notice is given to the APCO 30 days in
                           advance of a change, and the notice clearly 
                           indicates which term or condition will be 
                           contravened, requests operational flexibility 
                           under this subsection, describes the change,
                           identifies the emissions units which will be 
                           affected, the date on which the change will 
                           occur, the duration of the change, any change in 
                           emissions of any air pollutant, whether regulated 
                           or not, and any new emissions of any air 
                           pollutant not emitted before the change, whether 
                           regulated or not; and

                       f.  The APCO has not provided a written denial to the
                           Owner or Operator within 30 days of receipt of 
                           the request for an operational change.  The 
                           written denial shall identify which of the 
                           requirements of subsections a., b., c., d., 
                           or e., above, have not been satisfied.

          VI.   PERMIT CONTENT REQUIREMENTS  [Reference: 40 CFR Part 70.6]

                A permit-to-operate shall contain permit conditions that 
                will assure compliance with all applicable federal 
                requirements.

                A.  Incorporation of Applicable Federal Requirements

                    [Reference: 40 CFR Part 70.3(c) and 70.6(a)(1) and (b)]

                    A permit to operate shall incorporate all applicable
                    federal requirements as permit conditions.  The 
                    following procedure shall be used to incorporate an 
                    applicable federal requirement as a permit condition:

                    1.  A permit condition that addresses an applicable
                        federal requirement shall be specifically identified 
                        in the permit, or otherwise distinguished from any 
                        requirement that is not enforceable by the U.S. EPA;

                    2.  Where an applicable federal requirement and a 
                        similar requirement that is not federally 
                        enforceable apply to the same emissions unit, both 
                        shall be incorporated as permit conditions, provided 
                        that they are not mutually exclusive; and

                    3.  Where an applicable federal requirement and a 
                        similar requirement that is not federally 
                        enforceable apply to the same emissions unit and are 
                        mutually exclusive (e.g., require different air 
                        pollution control technology), the requirement 
                        specified in the preconstruction permit (or, in the 
                        case of sources without preconstruction permits, the 
                        more stringent requirement) shall be incorporated as 
                        a permit condition and the other requirement shall 
                        be referenced.

                B.  General Requirements

                    All permits to operate shall contain the conditions or
                    terms consistent with 40 CFR Part 70.6 Permit Content, 
                    including:

                     1.  Emission and Operational Limitations

                                        [Reference: 40 CFR Part 70.6(a)(1)]

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

                     2.  Preconstruction Permit Requirements

                     [Reference: 40 CFR Part 70.2 Applicable Requirement (2) 
                                 and 70.3(c)]

                         The permit shall include all of the preconstruction
                         permit conditions for each emissions unit.

                     3.  Origin and Authority for Permit Conditions

                                  [Reference: 40 CFR part 70.6(a)(1)(i)]

                         The origin and authority for each permit term or 
                         condition shall be referenced in the permit.

                     4.  Equipment Identification

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

                     5.  Monitoring, Testing, and Analysis

                                   [Reference: 40 CFR Part 70.6(a)(3)(i)]

                         The permit shall contain conditions that require
                         monitoring, analytical methods, compliance 
                         certification, test methods, equipment management, 
                         and statistical procedures consistent with any 
                         applicable federal requirement, including those 
                         pursuant to sections 114(a)(3) and 504(b) of the 
                         CAA, and 40 CFR Part 64.  Periodic monitoring shall 
                         be required as a condition to ensure that the 
                         monitoring is sufficient to yield reliable data 
                         which are representative of the source's compliance
                         with permit conditions over the relevant time 
                         period.

                     6.  Recordkeeping  
                                   
                                   [Reference: 40 CFR Part 70.6(a)(3)(ii)]

                         The permit shall include recordkeeping conditions 
                         that require:

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

                             1) Date, place, and time of sampling;

                             2) Operating conditions at the time of 
                                sampling;

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

                             4) Results of the analysis;

                         b.  Retention of records of all required monitoring
                             data and support information for a period of at 
                             least five years from the date of sample 
                             collection, measurement, report, or 
                             application; and

                         c.  Any other recordkeeping deemed necessary by the
                             APCO to ensure compliance with all applicable 
                             federal requirements.

                     7.  Reporting  
                    
                                           [Reference: 40 CFR Part 70.()()]

                         The permit shall include reporting conditions that
                         require the following:

                         a.  Any deviation from permit requirements, 
                             including that attributable to upset conditions 
                             (as defined in the permit), shall be promptly 
                             reported to the APCO who will determine what
                             constitutes "prompt" reporting in terms of the 
                             requirement, the degree, and type of deviation 
                             likely to occur;

                         b.  A monitoring report shall be submitted at least
                             every six months and shall identify any 
                             deviation from permit requirements, including 
                             that previously reported to the APCO (see
                             subsection 7.a. above);

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

                         d.  A progress report shall be made on a compliance
                             schedule at least semi-annually and shall 
                             include:  1) the date when compliance will be 
                             achieved, 2) an explanation of why compliance 
                             was not, or will not be, achieved by the 
                             scheduled date, and 3) a log of any 
                             preventative or corrective action taken; and

                         e.  Each monitoring report shall be accompanied by 
                             a written statement from the Responsible 
                             Official which certifies the truth, accuracy, 
                             and completeness of the report.

                     8.  Compliance Plan  
                    
                                        [Reference: 40 CFR Part70.5(c)(8)]

                         The permit shall include a compliance plan that:

                         a.  Describes the compliance status of an emissions
                             unit with respect to each applicable federal 
                             requirement;

                         b.  Describes how compliance will be achieved if an
                             emissions unit is not in compliance with an 
                             applicable federal requirement at the time of 
                             permit issuance;

                         c.  Assures that an emissions unit will continue to
                             comply with those permit conditions with which 
                             it is in compliance; and

                         d.  Assures that an emissions unit will comply 
                             with, on a timely basis, any applicable federal 
                             requirement that will become effective during 
                             the permit term.

                     9.  Compliance Schedule  
                    
                                [Reference: 40 CFR Part 70.5(c)(8)(iii)(C)]

                         The permit shall include a compliance schedule for 
                         any emissions unit which is not in compliance with 
                         current applicable federal requirements.  The 
                         compliance schedule shall require:

                         a.  A statement that the emissions unit will 
                             continue to comply with those permit conditions 
                             with which it is in compliance;
          
                         b.  A statement that the emissions unit will 
                             comply, on a timely basis, with an applicable 
                             federal requirement that will become effective 
                             during the permit term;

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

                         d.  For each emissions unit that is not in 
                             compliance with an applicable federal 
                             requirement, a schedule of progress on at least 
                             a semi-annual basis which includes:  1) the 
                             date when compliance will be achieved, 2) an 
                             explanation of why compliance was not, or will 
                             not be, achieved by the scheduled date, and 
                             3) a log of any preventative or corrective 
                             actions taken.

                    10.  Right of Entry  
                   
                                      [Reference: 40 CFR Part70.6(c)(2)]

                         The permit shall require that the source allow the 
                         entry of the District, ARB, or U.S. EPA officials 
                         for the purpose of inspection and sampling, 
                         including:

                         a.  Inspection of the stationary source, including
                             equipment, work practices, operations, and 
                             emission-related activity;

                         b.  Inspection and duplication of records required 
                             by the permit to operate; and

                         c.  Source sampling or other monitoring activities.

                    11.  Compliance with Permit Conditions

                                       [Reference: 40 CFR Part 70.6(a)(6)]

                         The permit shall include the following provisions
                         regarding compliance:

                         a.  The permittee shall comply with all permit
                             conditions;

                         b.  The permit does not convey property rights or
                             exclusive privilege of any sort;

                         c.  The non-compliance with any permit condition 
                             is grounds for permit termination, revocation 
                             and reissuance, modification, enforcement 
                             action, or denial of permit renewal;

                         d.  The permittee shall not use the "need to halt 
                             or reduce a permitted activity in order to 
                             maintain compliance" as a defense for 
                             non-compliance with any permit condition;

                         e.  A pending permit action or notification of
                             anticipated non-compliance does not stay any 
                             permit condition; and
                        
                         f.  Within a reasonable time period, the permittee
                             shall furnish any information requested by the 
                             APCO, in writing, for the purpose of 
                             determining:  1) compliance with the permit,
                             or 2) whether or not cause exists for a permit 
                             or enforcement action.

                    12.  Emergency Provisions  Article IV, Section 95.3

                                           [Reference: 40 CFR Part 70.6(g)]

                         The permit shall include the following emergency
                         provisions:

                         a.  The permitee shall comply with the requirements
                             of Article IV, Section 95.3 and the emergency 
                             provisions contained in all applicable federal 
                             requirements;

                         b.  Within two weeks of an emergency event, the 
                             Owner or Operator shall submit to the District, 
                             a properly signed, contemporaneous log or other 
                             relevant evidence which demonstrates that:

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

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

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

                             5) Within two working days of the emergency
                                event, the permittee provided the district 
                                with a description of the emergency and any 
                                mitigating or corrective actions taken;

                         c.  In any enforcement proceeding, the permittee 
                             has the burden of proof for establishing that 
                             an emergency occurred.

                    13.  Severability  
                   
                                        [Reference: 40 CFR Part 70.6(b)(5)]

                         The permit shall include a severability clause to 
                         ensure the continued validity of otherwise 
                         unaffected permit requirements in the event of a 
                         challenge to any portion of the permit.

                    14.  Compliance Certification  
                    
                                       [Reference: 40 CFR Part 70.6(b)(5)]

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

                         a.  The Responsible Official shall submit a
                             compliance certification to the U.S. EPA and 
                             the APCO every 12 months;

                         b.  The compliance certification shall identify the
                             basis for each permit term or condition (e.g., 
                             specify the emissions limitation, standard, or 
                             work practice) and a means of monitoring 
                             compliance with the term or condition;

                         c.  The compliance certification shall include the
                             compliance status and method(s) used to 
                             determine compliance for the current time 
                             period and over the entire reporting period; 
                             and

                         d.  The compliance certification shall include any
                             additional inspection, monitoring, or entry 
                             requirement that may be promulgated pursuant to 
                             sections 114(a) and 504(b) of the CAA.

                    15.  Permit Life  
                    
                                       [Reference: 40 CFR Part 70.6(a)(2)]

                         With the exception of acid rain units subject to 
                         Title IV of the CAA and solid waste incinerators 
                         subject to section 129(e) of the CAA, each permit 
                         to operate for any source shall include a condition 
                         for a fixed term not to exceed five years from the 
                         time of issuance.  A permit to operate for an acid 
                         rain unit shall have a fixed permit term of 
                         five years.  A permit to operate for a solid waste 
                         incinerator shall have a permit term of 12 years; 
                         however, the permit shall be reviewed at least 
                         every five years.

                    16.  Payment of Fees  
                   
                                     [Reference: 40 CFR Part 70.6(a)(7)]

                         The permit shall include a condition to ensure that
                         appropriate permit fees are paid on schedule.  If 
                         fees are not paid on schedule, the permit is 
                         forfeited.  Operation without a permit subjects the 
                         source to potential enforcement action by the
                         District and the U.S. EPA pursuant to section 502(a) 
                         of the CAA.

                    17.  Alternative Operating Scenarios  
                    
                                        [Reference: 40 CFR Part 70.6(a)(9)]

                         Where an Owner or Operator requests that an 
                         alternative operating scenario be included in the 
                         permit for an emissions unit, the permit shall 
                         contain specific conditions for each operating 
                         scenario, including each alternative operating
                         scenario.  Each operating scenario, including each 
                         alternative operating scenario, identified in the 
                         permit must meet all applicable federal 
                         requirements and all of the requirements of this 
                         section.  Furthermore, the source is required to 
                         maintain a contemporaneous log to record each 
                         change from one operating scenario to another.

                    18.  Voluntary Emissions Caps  
                   
                                       [Reference: 40 CFR Part 70.6(a)(10)]

                         To the extent applicable federal requirements 
                         provide for averaging emissions increases and 
                         decreases within a stationary source without 
                         case-by-case approval, an Owner or Operator may 
                         request, subject to approval by the APCO, to permit
                         one or more emissions unit(s) under a voluntary 
                         emissions cap.  The permit for each emissions unit 
                         shall include federally-enforceable conditions 
                         requiring that:

                         a.  All applicable federal requirements, including
                             those authorizing emissions averaging, are 
                             complied with;

                         b.  No individual emissions unit shall exceed any
                             emissions limitation, standard, or other 
                             requirement;

                         c.  Any emissions limitation, standard, or other
                             requirement shall be enforced through 
                             continuous emission monitoring, where 
                             applicable; and

                         d.  All affected emissions units under a voluntary
                             emissions cap shall be considered to be 
                             operating in violation of the permit, if the 
                             voluntary emissions cap is exceeded.

                    19.  Acid Rain Units Subject to Title IV

                                        [Reference: 40 CFR Part 70.6(a)(4)]

                         The permit for an acid rain unit shall include
                         conditions that require compliance with any federal 
                         standard or requirement promulgated pursuant to 
                         Title IV (Acid Deposition Control) of the CAA and 
                         any federal standard or requirement promulgated 
                         pursuant to Title V of the CAA, except as modified 
                         by Title IV.  Acid rain unit permit conditions 
                         shall include the requirements of 40 CFR Part 72.9 
                         and the following provisions:

                         a.  The sulfur dioxide emissions from an acid rain
                             unit shall not exceed the annual emissions 
                             allowances (up to one ton per year of sulfur 
                             dioxide may be emitted for each emission
                             allowance allotted) that the source lawfully 
                             holds for that unit under Title IV of the CAA 
                             or the regulations promulgated pursuant to 
                             Title IV;

                         b.  Any increase in an acid rain unit's sulfur
                             dioxide emissions authorized by allowances 
                             acquired pursuant to Title IV of the CAA shall 
                             not require a revision of the acid rain portion 
                             of the operating permit provided such increases 
                             do not require permit revision under any other 
                             applicable federal requirement;

                         c.  Although there is no limit on the number of
                             sulfur dioxide emissions allowances held by a 
                             source, a source with an acid rain unit shall 
                             not use these emissions allowances as a defense 
                             for noncompliance with any applicable federal
                             requirement or District requirement, including 
                             District Article III, Section 51; and

                         d.  An acid rain unit's sulfur dioxide allowances
                             shall be accounted for according to the 
                             procedures established in regulations 
                             promulgated pursuant to Title IV of the CAA.

                    20.  Portable Sources  
                                           
                                           [Reference: 40 CFR Part 70.6(e)]

                         The permit for any portable source, which may 
                         operate at two or more locations, shall contain 
                         conditions that require the portable source to:

                         a.  Meet all applicable District, state, and 
                             federal requirements at each location;

                         b.  Specify the monitoring methods, or other 
                             methods (e.g. air quality modeling) approved by 
                             the APCO, that will be used to demonstrate 
                             compliance with all District, state, and
                             federal requirements; and

                         c.  Notify the APCO ten working days prior to a
                             change in location.

          VII.  SUPPLEMENTAL ANNUAL FEE

                The fees collected pursuant to this section shall supplement 
                the fee requirements in Article VI, if applicable.

                A.  Payment of Supplemental Fee  
                
                                   [Reference: 40 CFR Part 70.9(b)(2)(i)]

                    An Owner or Operator, or his or her delegee, shall pay 
                    an annual supplemental fee for a permit to operate 
                    pursuant to this rule as determined by the calculation 
                    method in subsection C below to meet an overall fee rate 
                    of $25 per ton of fee-based emissions (CPI adjusted), 
                    unless subsection B. below applies.

                    1.  "Fee-based emissions" means the actual rate of
                        emissions in tons per year of any fee pollutant, 
                        including fugitive emissions, emitted from the 
                        stationary source over the preceding year or any 
                        other period determined by the APCO to be 
                        representative of normal operation.  Fee-based 
                        emissions shall be calculated using each emission 
                        unit's actual operating hours, production rates, 
                        and in-place control equipment; types of material 
                        processed, stored, or combusted during the preceding
                        calendar year, or other time period established by 
                        the APCO.

                                             [Reference: 70.9(b)(2)(iii)]

                    2.  "Fee pollutant" means oxides of nitrogen, volatile
                        organic compounds, any pollutant for which a 
                        national ambient air quality standard has been 
                        promulgated by the U.S. EPA (excluding carbon 
                        monoxide), and any other pollutant that is subject 
                        to a standard or regulation promulgated by the 
                        U.S. EPA under the CAA or adopted by the District 
                        pursuant to section 112(g) and (j) of the CAA.  Any 
                        air pollutant that is regulated solely because of a
                        standard or regulation under section 112(r) of the 
                        CAA for accidental release or under Title VI of the 
                        CAA for stratospheric ozone protection shall not be 
                        included.  
                        
                           [Reference: 40 CFR Part 70.2 Regulated Pollutant 
                                       (for Presumptive Fee Calculation]

                    3.  "(CPI adjusted)" means adjusted by the percentage, 
                        if any, by which the Consumer Price Index of the 
                        year exceeds the Consumer Price Index for calendar 
                        year 1989.  The value for (CPI adjusted) shall be 
                        obtained from the U.S. EPA. 
                       
                                 [Reference: 40 CFR Part 70.9(b)(2)(iv)]
                
                B.  No Supplemental Fee  
                
                                       [Reference: 40 CFR Part 70.9(b)(1)]

                    There shall not be a supplemental annual fee if the 
                    total annual fee rate paid by the source under 
                    Article VI and H&SC section 44380 (AB 2588 Toxic Hot 
                    Spots) equals or exceeds $25 per ton of fee-based 
                    emissions (CPI adjusted).  Only those AB 2588 Toxic 
                    Hot Spots fees that fund direct and indirect costs
                    associated with activities related to the operating 
                    permits program as specified in section 502(b)(3)(A) of 
                    the CAA are to be used to meet the overall fee rate of 
                    $25 per ton of fee-based emissions (CPI adjusted).

                C.  Determination of Supplemental Fee

                    The supplemental annual fee shall be determined by
                    completing the following steps:

                    Step 1:  Calculation of Supplemental Annual Fee

                             s = [ $25 per ton (CPI adjusted) x e ] - f

                    where:

                            s = supplemental annual fee in dollars

                            e = fee-based emissions in tons per year

                            f = sum (in dollars) of annual fee under 
                                article VI and that portion of AB 2588 
                                Toxic Hot Spots fees that funds direct
                                and indirect costs associated with 
                                activities related to the operating 
                                permits program as specified in 
                                section 502(b)(3)(A) of the CAA

                    Step 2:  When the Supplemental Annual Fee is Zero

                    If "f" is equal to or greater than "[ $25 per ton (CPI
                    adjusted) x e ]," then "s" shall be zero and 
                    subsection B., above, applies.  If "f" is less than 
                    "[ $25 per ton (CPI adjusted) x e ]," then "s" shall be 
                    as calculated in Step 1.

                D.  Submittal of Information  
                
                                      [Reference: 40 CFR Part 70.6(a)(7)]

                    The Owner or Operator, or his or her delegee, shall 
                    provide the APCO sufficient information to determine 
                    the supplemental fee.