LAKE COUNTY AIR QUALITY MANAGEMENT DISTRICT


CHAPTER XII, Article IV - Administrative Procedures; for Sources

Section 12.400

Permit Requirement and Application Shield:

a. Permit Requirement

No person shall operate an emissions unit at a stationary source subject to the requirements of Chapter XII except in compliance with permits to operate issued pursuant to Chapter XII or under the protection of the application shield of subsection (b). Except as provided in subsection (b) and (c), operation of an emissions unit at a source subject to Chapter XII without a permit issued pursuant to Chapter XII constitutes a violation of Chapter XII. Operation of an emissions unit at a permitted source out of compliance with the terms of the permit constitutes a violation of Chapter XII.

Chapter XII does not alter any applicable requirement that a source obtain preconstruction permits.

b. Application Shield

If a responsible official submits, pursuant to Chapter XII, a timely and complete application for a permit, a source shall not be deemed in violation of the requirement to have a permit to operate until the Air Pollution Control Officer takes final action on the application.

This application shield does not apply to sources applying for permit modifications. For permit modifications, a source shall operate in accordance with the applicable federal requirements, the permit to operate issued pursuant to Chapter XII and any temporary permit to operate issued pursuant to section 42301.1 of the Health and Safety Code.

[Reference: 40 CFR 70.7(b) and (e)(2)(v)]

 c. Compliance With Other Permit Requirements

If a responsible official 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 Health and Safety Code until the Air Pollution Control Officer takes final action on the application. If a responsible official 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 Chapter XII, notwithstanding expiration of this permit, until the Air Pollution Control Officer takes final action on the application.


d. Termination of Application Shield

The application shield of subsection (b) shall cease to insulate a source from enforcement action if a responsible official of the source fails to submit any additional information requested by the Air Pollution Control Officer pursuant to Section 12.420 in a timely manner as specified by the Air Pollution Control Officer.

Section 12.405

Application Requirements:

  1. Initial Permit
    1. For a source that is subject to Chapter XII on August 13, 1995, a responsible official shall submit a complete District application not later than August 12, 1996.
    2. For a source that becomes subject to Chapter XII after the date the rule becomes effective, a responsible official shall submit a complete standard District application for a permit within 12 months after commencing operation.
    3. For a source with an acid rain unit a responsible official shall submit a standard District application and acid rain permit application to the District. The applications shall be submitted within the following timeframe:
      1. If the source is subject to Chapter XII because of Section 12.300, (a), (1) within the applicable timeframe specified in Section 12.405, (a), (1) and (2).
      2. If the source is subject to Chapter XII only because of Section 12.300, (a), (2), by January 1, 1996, or, if applicable, a latter date established by 40 CFR Part 72. [Reference: 40 CFR 70.5(a)and (c)(10)]

  2. Permit Renewal
    For renewal of a permit, a responsible official shall submit a complete standard District application no earlier than 18 months and no later than 6 months before the expiration date of the current permit to operate. A responsible official shall submit applications for renewal of permits to operate for all emissions units at a stationary source for simultaneous review. [Reference: 40 CFR 70.5(a)(1)(iii)]

  3. Significant Permit Modification
    After obtaining any required preconstruction permits, a responsible official 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 Air Pollution Control Officer, the responsible official shall submit copies of the latest preconstruction permit for each affected emissions unit. The emissions unit(s) shall not commence operation until the Air Pollution Control Officer takes final action to approve the permit revision. [Reference: 40 CFR 70.5(a)(1)(ii)]

  4. Minor Permit Modification
    After obtaining any required preconstruction permits, a responsible official 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 Air Pollution Control Officer takes final action to approve the permit revision. In the application, the responsible official shall include the following:
    1. A description of the proposed permit revision, any change in emissions, and additional applicable federal requirements that will apply;
    2. Proposed permit terms and conditions; and
    3. A certification by a responsible official that the permit revision meets criteria for use of minor permit modification procedures and a request that such procedures be used. [Reference: 40 CFR 70.5(a)(ii) and 70.7(e)(2)(ii and v)]

  5. Acid Rain Unit Permit Modification
    A permit modification of the acid rain portion of the operating permit shall be governed by regulations promulgated pursuant to Title IV of the Clean Air Act.

    [Reference: 40 CFR 70.7(e)]

Section 12.410 Standard District Application: A responsible official filing an application for a permit pursuant to Chapter XII must submit that application on standard District application forms. Additional information which does not fit on the standard forms may be attached.
Section 12.415

Application Content: When submitting an application for a permit pursuant to Chapter XII, the responsible official shall include the following information:

  1. Information identifying the source; [Reference: 40 CFR 70.5(c)(1)]
  2. Description of processes and products (by Standard Industrial Classification Code) including any associated with proposed alternative operating scenarios; [Reference: 40 CFR 70.5(c)(2)]
  3. A schematic diagram and plot plan of the stationary source, identifying each emissions unit and keyed to the listing of subsection (d).
  4. A listing and enumeration of all existing emissions units at the stationary source, keyed to the diagram and plot plan of subsection (c), 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 660 of these Rules and Regulations. [Reference: 40 CFR 70.5(c)(3)(i)]
  5. 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 70.5(c)(3)(vii) and (4)(i and ii)]
  6. 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 hazardous air pollutant 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 hazardous air pollutants in quantities equal to or in excess of 25 tons per year, all hazardous air pollutants emitted by the source; [Reference: 40 CFR 70.5(c)(3)(i and viii)]
  7. 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 70.5(c)(3)(iv and vi)]
  8. An identification and description of air pollution control equipment and compliance monitoring devices or activities; [Reference: 40 CFR 70.5(c)(3)(v)]
  9. Other information required by an applicable federal requirement; [Reference: 40 CFR 70.5(c)(3)(vii) and (5)]
  10. The information needed to define permit terms or conditions implementing a source's options for operational flexibility, including alternative operating scenarios, pursuant to subsection Section 12.580; [Reference: 40 CFR 70.5(c)(7)]
  11. A compliance plan and compliance schedule with the following:
  12. A description of the compliance status of each emissions unit within the stationary source with respect to applicable federal requirements;
  13. A statement that the source will continue to comply with such other applicable federal requirements that the source is already in compliance with;
  14. A statement that the source will comply, on a timely basis, with future-effective requirements which have been adopted; and
  15. A description of how the source will achieve compliance with requirements for which the source in not in compliance; [Reference: 40 CFR 70.5(c)(8)]
  16. For a source not in compliance with any 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 Air Pollution Control Officer at least every 6 months; [Reference: 40 CFR 70.5(c)(8)(iii)(C)]
  17. A certification by a 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 70.5(c)(9) and (d)]
  18. For a source with an acid rain unit, an application shall include the elements required by 40 CFR Part 72; [Reference: 40 CFR 70.5(c)(10)]
  19. For a source of hazardous air pollutant 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
  20. 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.
  21. Identification of fees specified in Section 660 of these Rules and Regulations; [Reference: 40 CFR 70.6(a)(7)]
Section 12.420

Correctness of Applications:

  1. A responsible official of a source shall submit an accurate and complete application in accordance with the requirements of the District.
  2. Upon written request of the Air Pollution Control Officer, a responsible official shall supplement any complete application with additional information within the time frame specified by the Air Pollution Control Officer.
  3. A responsible official shall promptly provide additional information in writing to the Air Pollution Control Officer 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.
  4. Intentional or negligent submittal of inaccurate information constitutes sufficient reason for denial of an application. [Reference: 40 CFR 70.5(a)(2) and (b)]
Section 12.425

Written Requests for District Action: A responsible official shall submit a written request to the Air Pollution Control Officer for the following permit actions:

  1. Administrative Permit Amendment: A responsible official may implement an administrative permit amendment change upon submittal of the request to the District, except that transfer of ownership must be processed by the District. [Reference: 40 CFR 70.7(d)(3)]
  2. Permit Modification for a Condition that is not Federally Enforceable: For a permit modification for a condition that is not federally enforceable, a responsible official shall submit a written request in accordance with the requirements of Chapter IV, Article I.
  3. Permits to Operate for New Emissions Units: For permits to operate for a new emissions unit at a stationary source, a responsible official shall submit a written request in accordance with the requirements of Chapter IV, Article II, except under the following circumstances:
    1. The construction or operation of the emissions unit is a modification under U.S. EPA regulations promulgated pursuant to Title I of the Clean Air Act, including 40 CFR Parts 51, 52, 60, 61, 63; [Reference: 40 CFR 70.7(e)(2)(i)(A)(5)]
    2. The construction or operation of the proposed new emissions unit is addressed or prohibited by permits for other emissions units at the stationary source; or [Reference: 40 CFR 70.5(a)(ii)]
    3. The proposed new emissions unit is an acid rain unit subject to Title IV of the Clean Air Act. [Reference: 40 CFR 70.7(e)]

In the circumstances specified in subsections (c)(1), (c)(2) or (c)(3), a responsible official shall apply for a permit to operate for the new emissions unit pursuant to the requirements of Chapter XII.

Section 12.430 Response to Permit Reopening for Cause: Upon notification by the Air Pollution Control Officer of a reopening of a permit for cause for an applicable federal requirement pursuant to Section 12.570, a responsible official shall respond to any written request for information by the Air Pollution Control Officer within the time frame specified by the Air Pollution Control Officer. [Reference: 40 CFR 70.6(a)(6)(v)]
Section 12.440

Portable Sources:

  1. Any portable source which may operate at two or more locations shall meet all applicable District, state and federal requirements at each location.
  2. Any portable source which may operate at two or more locations shall notify the Air Pollution Control Officer not sooner than thirty days before a change in location and not later than ten days prior to the change.

[Reference 40 CFR 70.6(e)]

Section 12.450

Emergency Events:

  1. The permittee shall comply with the requirements of Chapter III, Article II and the emergency provisions contained in all applicable federal requirements;
  2. Within two working days of the emergency event, a responsible official shall provide the District with a written description of the emergency and any mitigating or corrective actions taken;
  3. Within two weeks of an emergency event, the responsible official shall submit to the District a 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;
  4. In any enforcement proceeding, the permittee has the burden of proof to establish that an emergency occurred.

[Reference: 40 CFR 70.6(g)]

Section 12.455

Recordkeeping:

  1. A responsible official shall maintain records 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;
  2. A responsible official shall retain 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
  3. A responsible official shall maintain any other records deemed necessary by the Air Pollution Control Officer to ensure compliance with all applicable federal requirements.
Section 12.460

Reporting Requirements:

  1. A responsible official shall submit to the District a monitoring report at least every six months which shall identify any deviation from permit requirements, including that information previously reported to the Air Pollution Control Officer pursuant to subsection (b).
  2. A responsible official shall submit to the District a report of any deviation from permit requirements, including those attributable to emergency or breakdown conditions (as defined in the permit). This information shall be promptly reported to the Air Pollution Control Officer who will determine what constitutes "prompt" reporting in terms of the requirement, the degree, and type of deviation likely to occur.
  3. Each report of a deviation from permit requirements shall describe the probable cause of the deviation and any preventative or corrective action taken.
  4. Each monitoring report submitted pursuant to subsection (a) or (b) shall be accompanied by a written statement from the responsible official which certifies the truth, accuracy, and completeness of the report.
  5. A responsible official shall submit to the District a progress report on any compliance schedule at least semi-annually and shall include the date when compliance will be achieved, an explanation of why compliance was not, or will not be, achieved by the scheduled date, and a log of any preventative or corrective action taken.

[Reference: 40 CFR 70.6(a)(3)(ii)]

Section 12.470

Voluntary Emissions Caps: To the extent applicable federal requirements provide for averaging emissions increases and decreases within a stationary source without case-by-case approval, a responsible official may request, subject to approval by the Air Pollution Control Officer, to permit one or more emissions unit(s) under a voluntary emissions cap, subject to the following conditions:

  1. The stationary source and each emissions unit must comply with all applicable federal requirements, including those authorizing emissions averaging;
  2. Emissions from any individual emissions unit shall not exceed any emissions limitation, standard, or other requirement;
  3. Any emissions limitation, standard, or other requirement shall be enforced through continuous emission monitoring, where applicable; and
  4. 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.