LASSEN COUNTY AIR POLLUTION CONTROL DISTRICT


RULE 7:5 - Administrative Procedures for Sources

a. Permit Requirement and Application Shield

1. A source shall operate in compliance with permits to operate issued pursuant to Regulation VII. Regulation VII does not alter any applicable requirement that a source obtain preconstruction permits. [Reference: 40 CFR 70.7(a)(6) and (b)]

2. If a responsible official submits, pursuant to Regulation VII, 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 a responsible official of the source fails to submit any additional information requested by the APCO pursuant to Rule 7:5 c.2.c). [Reference: 40 CFR 70.7(b)]

3. 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 H&SC until the APCO 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 Regulation VII, notwithstanding expiration of this permit, until the APCO takes final action on the application. [Reference: 40 CFR 70.7(b)]

4. The 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 Regulation VII and any temporary permit to operate issued pursuant to section 42301.1 of the H&SC. [Reference: 40 CFR 70.7(e)(2)(v)]

b. Application Requirements [Reference: 40 CFR 70.5]

1. Initial Permit [Reference: 40 CFR 70.5(a) and (c)]

a) For a source subject to Regulation VII on the date the regulation becomes effective and without a Standard Industrial Code of 4911, a responsible official shall submit a standard District application within 12 months after the date the regulation becomes effective.

b) For a source with a Standard Industrial Code of 4911 that is subject to Regulation VII on the date the regulation becomes effective, a responsible official shall submit a standard District application within three months after the date the regulation becomes effective.

c) For a source that becomes subject to Regulation VII after the date the regulation becomes effective, a responsible official shall submit a standard District application within 12 months of the source commencing operation.

d) For a source with an acid rain unit a responsible official shall submit a standard District application and acid rain permit applications to the District. The applications shall be submitted within the following timeframe:

1) If the source is subject to Regulation VII because of Rule 7:2 a. within the applicable timeframe specified in subsection b.1.a), b), or c) above.

2) If the source is subject to Regulation VII only because of subsection Rule 7:2 b., by January 1, 1996, or, if applicable, a later date established by 40 CFR Part 72.

2. Permit Renewal [Reference: 40 CFR 70.5(a)(1)(iii)]

For renewal of a permit, a responsible official shall submit a standard District application no later than six 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 70.5(a)(1)(ii)]

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 APCO, 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 APCO approves the permit revision. If the APCO approves a permit revision prior to review by the U.S. EPA, such approval does not preclude the U.S. EPA from objecting to the permit revision.

4. Minor Permit Modification [Reference: 40 CFR 70.5(a)(ii) and 70.7(e)(2)(ii and v)]

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 APCO approves the permit revision. If the APCO approves the permit revision prior to review by the U.S. EPA, such approval does not preclude the U.S. EPA from objecting to the permit revision. In the application, the responsible official 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 a responsible official 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 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 70.5]

1. Application Content

When submitting an application, the responsible official shall include the following information:

a) Information identifying the source [Reference: 40 CFR 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 70.5(c)(2)];

c) Identification of fees specified in Rule 3:2 (Permit Fees) and 3:3 (Permit Fee Schedules) [Reference: 40 CFR 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 Rule 7:8 [Reference: 40 CFR 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 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 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 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 70.5(c)(3)(v)];

i) Other information required by an applicable federal requirement [Reference: 40 CFR 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 Rule 7:6 i. [Reference: 40 CFR 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 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 70.5(c)(8)(iii)(C)];

m) 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)],

n) 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)];

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 shall be included in the permit to operate; 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.

2. Correctness of Applications [Reference: 40 CFR 70.5(a)(2) and (b)]

A responsible official 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, a responsible official shall supplement any complete application with additional information within the timeframe specified by the APCO.

b) A responsible official 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

A responsible official shall submit a written request to the APCO for the following permit actions:

1. Administrative Permit Amendment

For an administrative permit amendment, a responsible official may implement the change addressed in the written request immediately upon submittal of the request [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 Regulation II (Permits).

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 Regulation II (Permits), 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 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 [Reference: 40 CFR 705.(a)(ii)]; or

c) The emissions unit is an acid rain unit subject to Title IV of the CAA [Reference: 40 CFR 70.7(e)].

In the circumstances specified in subsections a), b), or c), above, a responsible official shall apply for a permit to operate for the new emissions unit pursuant to the requirements of Regulation VII.

e. Response to Permit Reopening For Cause [Reference: 40 CFR 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 Rule 7:6 h., a responsible official shall respond to any written request for information within the timeframe specified by the APCO.