KERAPCD RULE 202 PERMIT EXEMPTIONS
LAST REVISED 05/02/96

RULE 202 - Permit Exemptions - Adopted 4/18/72, Amended 3/19/74, 12/17/74, 6/30/80, 12/15/80, 4/25/83, 11/18/85, 8/22/89, 4/30/90, 8/19/91, 5/2/96
 

I. California Health and Safety Code (CH & SC) Exemptions:

Neither an Authority to Construct nor a Permit to Operate shall be required for the following:

A. Any equipment used for agricultural operations in the growing of crops or the raising of fowl or animals. (CH & SC, Section 42310(e));

B. Any structure designed for and used exclusively as a dwelling for not more than four families and any incinerator used exclusively in connection with such structure (CH & SC Section 42310(b) and (c));

C. Motor vehicles as defined by the Vehicle Code of the State of California (CH & SC, Section 42310 (a)), but not including any source operation mounted on such vehicle that would otherwise require a permit under the provisions of the District Rules and Regulations;

D. Repairs or maintenance not involving structural changes to any source operation with a Permit to Operate (CH & SC, Section 42310(f)); and

E. Portable piston engine-powered equipment qualifying for and complying with CARB's statewide registration system (CH & SC, Section 41753).

II. Additional Exemptions

Neither an Authority to Construct nor a Permit to Operate shall be required for the following unless a written permit is specifically requested by the owner/operator:

A. Combustion Equipment

  1. Steam generators, steam superheaters, water boilers, water heaters, steam cleaners, and closed heat transfer systems with a total burner(s) maximum input heat rating of less than 5,000,000 Btu per hour (gross) and equipped to be fired exclusively with natural gas, liquefied petroleum gas, or any combination thereof, provided the fuel contains no more than 5 percent by weight hydrocarbons heavier than butane (as determined by test method ASTM E-260-73) and no more than 0.30 grains of total sulfur per 100 standard cubic feet of gas (as determined by test method ASTM D-1072-80);
  2. Piston-type internal combustion engines with a manufacturer's maximum continuous rating of 50 brake horsepower (bhp) or less; and
  3. Gas turbine engines with a maximum heat input rating of 3,000,000 Btu per hour or less at ISO Standard Day Conditions.
B. Vehicles

Locomotives, airplanes, and watercraft used to transport passengers or freight. This exemption is not intended to apply to equipment used for dredging of waterways or to equipment used in pile driving adjacent to or in waterways.

C. Cooling Towers

Except as required by Rule 429.1, water cooling towers with a circulation rate of less than 1,000 gallons/minute and not used for cooling liquids containing volatile organic compounds such as process water, water from barometric jets, or water from barometric condensers.

D. Printing and Reproduction Equipment

Printing, coating, or laminating facilities using less than 2 gallons per day of graphic arts materials. Graphic arts materials are any ink, coating, adhesive, fountain solution, thinner, retarder, or cleaning solution.

E. Food Processing

  1. Mixers and blenders used in bakeries producing edible foodstuffs intended for human consumption. Ovens at bakeries with total production less than 1,000 pounds of product per operating day if exempted by Subsection II.A.1., and if other than electrically heated; and
  2. Smokehouses used for preparing food with a maximum horizontal inside cross-sectional area not exceeding 20 square feet.
F. Plastic/Rubber Processing

Source operations used exclusively for extruding or compression molding of rubber products or plastics, if no plasticizer or blowing agent is present.

G. Storage Vessels

Containers, reservoirs, or tanks used exclusively for:

  1. Storage of oil with specific gravity of 0.8762 or higher (30° API or lower) as measured by test method API 2547 or ASTM D-1298-80 with a capacity of 100 bbl or less;
  2. Storage of unheated organic material with a capacity of 250 gallons or less;
  3. Storage of unheated organic material with an initial boiling point of 150°C (302°F) or greater as measured by test method ASTM D-86;
  4. Storage of fuel oils or non-air-blown asphalt with 0.9042 specific gravity or higher (25°API or lower) as measured by test method API 2547 or ASTM D-1298-80;
  5. Storage of petroleum distillates used as motor fuel with 0.8251 specific gravity or higher (40° API or lower) as measured by test method API 2547 or ASTM D-1298-80 and with a capacity of 19,800 gallon (471 bbls) or less;
  6. Storage of refined lubricating oils;
  7. Storage of liquified gases in unvented (except for emergency relief) pressure vessels; and
  8. Transporting of materials on streets or highways.
H. Loading Racks and Equipment

Loading racks (as defined in Rule 102) used exclusively for transfer of:

  1. Unheated organic materials with an initial boiling point of 150°C (302°F) or greater as measured by test method ASTM D-86;
  2. Fuel oil with 0.8251 specific gravity or higher (40°API or lower) as measured by test method API 2547 or ASTM D-1298-80;
  3. Crude oil, asphalt, or residual oil from tanks not requiring permits in accordance with this Rule;
  4. Crude oil with 0.8762 specific gravity or higher (30° API or lower) as measured by test method API 2547 or ASTM D-1298-80;
  5. Crude oil, asphalt, or residual oil from a delivery vehicle if loading equipment is attached to such vehicle; and
  6. Refined lubricating oil.
I. Surface Coating and Solvent Cleaning Operations
  1. Equipment used for application of architectural surface coatings. Architectural surface coating is defined as any coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.
  2. Unheated, non-conveyorized cleaning equipment (not including emission control enclosures):
  3. a. with an open surface area of 10.0 ft2 or less, and internal volume of 92.5 gallons or less;

    b. using only organic solvents with an initial boiling point of 120°C (248°F) or greater as determined by ASTM 1078-78; and

    c. located at a stationary source losing less than 25 gallons of solvent per year to the atmosphere from all such equipment at the stationary source. Solvent lost shall not include solvent recycled or disposed of properly. Any person claiming exemption pursuant to this subsection shall maintain adequate monthly records to document his exempt status.

J. Miscellaneous
  1. Brazing, soldering, or welding equipment. This exemption applies to conventional brazing, soldering, or welding operations only; any internal combustion engine or other equipment associated with these operations that would otherwise require permits is not exempt.
  2. Equipment used exclusively to compress or hold dry natural gas; any engine or other equipment associated with such operations otherwise requiring permits is not exempt.
  3. Fugitive emissions sources, such as valves and flanges, associated with a source operation exempt from permit.
  4. Unvented (except for emergency pressure relief) pressure vessels associated with a source operation exempt from permit.
  5. Fugitive emissions sources and pressure vessels associated with a source operation requiring a permit shall be included on such permit. A separate permit for the fugitive source or pressure vessels shall not be required.
  6. Source operation operated at one stationary source for not more than 45 days, which is not a replacement for a specific application which lasts or is intended to last for more than 45 days at one stationary source, and which emits less than two tons per year of any air contaminant. To qualify for this exemption, a written request shall be made to the Control Officer including: identification of the source operation, documentation emissions will not exceed two tons per year of any air contaminant, and proposed form and location of records to be used to verify qualification for exemption. If the Control Officer does not respond to such request within 30 days, it shall be deemed approved. To retain such exemption, the owner of a source operation shall reapply biannually. Each request for exemption or reapplication shall be accompanied by a $104 filing fee.
  7. Comfort air conditioning or comfort ventilating systems not designed to remove air contaminants generated by or released from a source operation.
  8. Any source operation if the uncontrolled emission of any air contaminant, except Nitrogen Oxides and Volatile Organic Compounds, cannot be expected to exceed 2 pounds in any 24-hour period; or
  9. Other sources for which an exemption is requested in writing, and which have been documented with a written analysis by the Control Officer to:
    a. emit no more than 10 pounds uncontrolled in any 24 hour period,

    b. emit no more than 180 pounds in any quarter, and

    c. not interfere with provisions of the newest adopted Air Quality Attainment Plan.

III. Provisions for Permitting Otherwise Exempt Equipment

Notwithstanding provisions of Section II, an Authority to Construct and a Permit to Operate shall be required for the following source operations:

A. Those subject to EPA 40 CFR, Part 60, New Source Performance Standards (NSPS), or EPA 40 CFR, Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAPS);

B. Those for which the Control Officer makes a determination a permit shall be required because such source operation may not operate in compliance with all district rules and regulations; or

C. Those proposed as part of soil or groundwater remediation projects.
 

IV. Recordkeeping

Recordkeeping shall be required to verify or maintain any exemption if such exemption is based on a maximum daily limitation.


KERAPCD RULE 202 EXEMPTIONS          
LAST REVISED 08/19/91
          
          
          RULE 202 Exemptions - Adopted 4/18/72, Amended 3/19/74,
                   12/17/74, 6/30/80, 12/15/80, 4/25/83, 11/18/85,
                   8/22/89, Amended 4/30/90, 8/19/91

          I.    Definitions

                A.  Emissions Unit:  an identifiable process, operation, or
                    piece of process equipment such as an article, machine,
                    or other contrivance, which emits or may emit, or
                    results in the emissions of any air contaminant 
                    directly or as fugitive emissions.

                B.  Volatile Organic Compound (VOC):  any compound
                    containing at least one atom of carbon except for the
                    following exempt compounds:

                         methane,
                         carbon monoxide,
                         carbon dioxide,
                         carbonic acid,
                         metallic carbides or carbonates,
                         ammonium carbonates,
                         methylene chloride,
                         methyl chloroform (1,1,1-trichloromethane),
                         CFC-113 (trichlorotrifluoroethane),
                         CFC-11 (trichlorofluoromethane),
                         CFC-12 (dichlorodifluoromethane),
                         CFC-22 (chlorodifluoromethane),
                         FC-23 (trifluoromethane),
                         CFC-114 (dichlorotetrafluoroethane),
                         CFC-115 (chloropentafluoroethane),
                         HCFC-123(dichlorotrifluoroethane),
                         HFC-134a (tetrafluoroethane),
                         HCFC-141b (dichlorofluoroethane), and
                         HCFC-142b (chlorodifluoroethane).

          II.   Health and Safety Code Permit Exemptions:

                A.  An Authority to Construct or Permit to Operate permit
                    shall not be required for the following:

                    1.  Any equipment used in agricultural operations in 
                        the growing of crops or the raising of fowl or 
                        animals, except that the District Board of any 
                        district which is, in whole or in part, south of 
                        the Sixth Standard Parallel South, Mount Diablo 
                        Base and Meridian, may require permits for the 
                        operation of orchard and citrus grove heaters.  
                        In no event shall a permit be denied an operator of 
                        such heaters if the heaters produce unconsumed 
                        solid carbonaceous matter at the rate of one gram 
                        per minute or less (Health and Safety Code, 
                        Section 42310(e));

                    2.  Any structure designed for and used exclusively as 
                        a dwelling for not more than four families and any
                        incinerator used exclusively in connection with 
                        such structure (Health and Safety code 
                        Section 42310(b) and (c));

                    3.  Motor vehicles as defined by the Vehicle Code of 
                        the State of California (Health and Safety Code,
                        Section 42310 (a)), but not including any emissions
                        unit mounted on such vehicle that would otherwise
                        require a permit under the provisions of the
                        District Rules and Regulations;

                    4.  Barbecue equipment which is not used for commercial
                        purposes, (Health and Safety Code Section 42310(d));
                        and

                    5.  Repairs or maintenance not involving structural
                        changes to any emissions unit for which a permit
                        has been granted (Health and Safety Code,
                        Section 42310(f)).

          III.  Additional Exemptions

                An Authority to Construct or Permit to Operate Shall not be
                required for the following emissions units unless a written
                permit is specifically requested by the owner/operator:

                A.  Combustion and Heat Transfer Equipment

                    1.  Steam generators, steam superheaters, water 
                        boilers, water heaters, steam cleaners, and closed 
                        heat transfer systems which have a total burner(s)
                        maximum input heat rating of less than 
                        5,000,000 BTU per hour (gross) and equipped to be 
                        fired exclusively with natural gas, liquefied 
                        petroleum gas, or any combination thereof provided 
                        the fuel contains no more than 5 percent by weight
                        hydrocarbons heavier than butane (as determined by
                        test method ASTM E-260-73) and no more than
                        0.75 grains of total sulfur per 100 standard cubic
                        feet of gas (as determined by test method ASTM
                        D-1072-80);

                    2.  Piston-type internal combustion engines with a
                        manufacturer's maximum continuous rating of 
                        50 brake horsepower (bhp) or less; and

                    3.  Gas turbine engines with a maximum heat input 
                        rating of 3,000,000 BTU per hour or less at ISO 
                        Standard Day Conditions.

                B.  Vehicles

                    Locomotives, airplanes, and watercraft, used to
                    transport passengers or freight.  This exemption is not
                    intended to apply to equipment used for the dredging of
                    waterways or to equipment used in pile driving adjacent
                    to or in waterways.
                     
                C.  Cooling Towers

                    Except as necessary to comply with Regulation IV, water
                    cooling towers that have a circulation rate of less 
                    than 1,000 gallons/minute and which are not used for 
                    cooling of process water, water from barometric jets, 
                    or water from barometric condensers.

                D.  Printing and Reproduction Equipment

                    A printing, coating, or laminating facility which uses
                    less than 2 gallons per day of graphic arts materials.
                    Graphic arts materials are any ink, coating, adhesive,
                    fountain solution, thinner, retarder, or cleaning
                    solution.

                E.  Food Processing

                    1.  Mixers and blenders used in bakeries where the
                        products are edible and intended for human
                        consumption.  Ovens at bakeries whose total
                        production is less than 1,000 pounds of product 
                        per operating day and exempt per 
                        Subsection III.A.1., if other than electrically 
                        heated; and

                    2.  Smokehouses used for preparing food in which the
                        maximum horizontal inside cross-sectional area does
                        not exceed 20 square feet.

                F.  Plastic/Rubber Processing

                    Emissions units used exclusively for the extruding or
                    the compression molding of rubber products or plastics,
                    where no plasticizer or blowing agent is present.

                G.  Storage Equipment

                    Containers, reservoirs, or tanks used exclusively for:

                    1.  The storage of oil with specific gravity of 0.8762
                        or higher (30ø API or lower) as measured by test
                        method API 2547 or ASTM D-1298-80, and having a
                        capacity of 100 bbl or less;

                    2.  The storage of unheated organic material with a
                        capacity of 250 gallons or less;

                    3.  The storage of unheated organic material with an
                        initial boiling point of 150øC (302øF) or greater
                        as measured by test method ASTM D-86;

                    4.  The storage of fuel oils or non-air-blown asphalt
                        with 0.9042 specific gravity or higher (25øAPI or
                        lower) as measured by test method API 2547 or ASTM
                        D-1298-80;

                    5.  The storage of petroleum distillates used as motor
                        fuel with 0.8251 specific gravity or higher (40ø API
                        or lower) as measured by test method API 2547 or
                        ASTM D-1298-80 and having a capacity of
                        19,800 gallon (471 bbls) or less;

                    6.  The storage of refined lubricating oils;
        
                    7.  The storage of liquified gases in unvented (except
                        for emergency relief) pressure vessels; and

                    8.  Transporting materials on streets or highways.

                H.  Loading Racks and Equipment

                    1.  Loading Racks (as defined in Rule 413, Section II)
                        which are:

                        a.  Used exclusively for the transfer of less than
                            4,000 gallons per day of:

                            1) unheated organic materials with an initial
                               boiling point of 150øC (302øF) or greater as
                               measured by test method ASTM D-86; or

                            2) fuel oil with 0.8251 specific gravity or
                               higher (40øAPI or lower) as measured by test
                              method API 2547 or ASTM D-1298-80.

                        b.  Used exclusively for the transfer of:

                           1) crude oil, asphalt, or residual oil stored in
                              tanks not requiring permits in accordance with
                              this Rule; or

                           2) crude oil with 0.8762 specific gravity or
                              higher (30ø API or lower) as measured by test
                              method API 2547 or ASTM D-1298-80.

                        c. Attached to an organic material delivery vehicle
                           and used exclusively for the transfer of crude
                           oil, asphalt, or residual oil.
                    
                    2.  Equipment used exclusively for the transfer of
                        refined lubricating oil.

                I.  Surface Coating and Solvent Cleaning Operations

                    1.  Application equipment for architectural surface
                        coatings used for commercial or residential
                        application.  Architectural surface coating is
                        defined as any coating applied to stationary
                        structures and their appurtenances, to mobile 
                        homes, to pavements, or to curbs.

                    2.  Unheated, non-conveyorized cleaning equipment (not
                        including control enclosures):

                        a. with an open surface area of 10.0 ft2 or less,
                           and internal volume of 92.5 gallons or less;

                        b. using only organic solvents with an initial
                           boiling point of 120øC (248øF) or greater as
                           determined by ASTM 1078-78; and

                        c. located at a stationary source losing less than
                           25 gallons of solvent per year to the atmosphere
                           from all such equipment at the stationary source.
                           Solvent lost shall not include solvent that is
                           recycled or disposed of properly.  Any person
                           claiming exemption pursuant to this subsection
                           shall maintain adequate monthly records to
                           substantiate their exempt status.

                J.  Miscellaneous

                    1.  Brazing, soldering, or welding equipment.  This
                        exemption applies to conventional brazing,
                        soldering, or welding operations only; any I.C.
                        engine or other equipment associated with these
                        operations that would otherwise require permits is
                        not exempt.

                    2.  Equipment used exclusively to compress or hold dry
                        natural gas; any I.C. engine or other equipment
                        associated with these operations that would
                        otherwise require permits is not exempt.

                    3.  Fugitive emissions sources, such as valves and
                        flanges, associated with an emissions unit which 
                        is exempt from written permit.

                    4.  Unvented (except for emergency pressure relief)
                        pressure vessels associated with an emissions unit
                        which is exempt from written permit.

                    5.  Fugitive emissions sources and pressure vessels
                        which are associated with emissions units for which
                        written permit is required shall be included on 
                        such permit.  A separate permit for the fugitive 
                        source or pressure vessel is not required.
         
                    6.  An emissions unit operated at one stationary source
                        for not more than 45 days, which is not a
                        replacement for a specific application which lasts
                        or is intended to last for more than 45 days at 
                        one stationary source, and which emits less than 
                        two tons per year of any air contaminant.  To 
                        qualify for this exemption, a written request shall 
                        be made to the Control Officer including:  
                        identification of the emissions unit, documentation 
                        that emissions will not exceed two tons per year of 
                        any air contaminant, and proposed form and location 
                        of records to be used to verify qualification for
                        exemption.  If the Control Officer does not respond
                        to such request within 30 days, it shall be deemed
                        approved.  To retain such exemption, the owner of 
                        an emissions unit shall reapply biannually.  Each
                        request for exemption or reapplication shall be
                        accompanied by a $60 filing fee.

                    7.  Comfort air conditioning or comfort ventilating
                        systems which are not designed to remove air
                        contaminants generated by or released from specific
                        units or equipment.

                    8.  Any emissions unit if the uncontrolled emissions of
                        any air contaminant other than Nitrogen Oxides and
                        VOCs cannot exceed 2 pounds in any 24-hour period;
                        or

                    9.  Other sources for which an exemption is requested in
                        writing, and which have been documented with a
                        written analysis by the Control Officer to:

                        a.  emit no more than 10 pounds uncontrolled in 
                            any 24-hour period,

                        b.  emit no more than 180 pounds in any quarter, 
                            and

                        c.  not interfere with provisions of the newest
                            adopted Air Quality Attainment Plan.

          IV.   Provisions for Permitting Otherwise Exempt Equipment

                A.  Notwithstanding provisions of Section III, an Authority
                    to Construct and Permit to Operate shall be required 
                    for the following emissions units:

                    1.  Those subject to EPA 40 CFR, Part 60, New Source
                        Performance Standards (NSPS), or EPA 40 CFR,
                        Part 61, National Emission Standards for Hazardous
                        Air Pollutants (NESHAPS);

                    2.  Those for which the Control Officer Makes a
                        determination that a permit shall be required
                        because the emissions unit may not operate in
                        compliance with all district rules and regulations;
                        or

                    3.  Those proposed as part of soil or groundwater
                        remediation projects.

          V.    Recordkeeping shall be required to verify or maintain any
                exemption for which the exemption is based on a maximum
                daily limitation.

          VI.   Compliance Schedule

                The owner or operator of an emissions unit which was exempt
                from written permits at the time of installation, which
                becomes subject to the provisions of Rule 201 - Permits
                Required, through loss of exemption, shall submit an
                application for Permit to Operate within six months from
                the date of revision of this rule and shall not be subject
                to Rule 210.1 - New and Modified Stationary Source Review,
                until such time that the emissions unit is modified.