MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT
RULE 218 - TITLE V: FEDERAL OPERATING PERMITS
(Adopted November 17, 1993; Revised September 21, 1994, February 21, 1996, March 26, 1997, and April 18, 2001)
|PART 1 GENERAL|
|PART 2 DEFINITIONS|
|2.1||Administrative Permit Amendments|
|2.3||Air Pollution Control Officer (APCO)|
|2.4||Air Resources Board (ARB)|
|2.5||Certificate of Representation|
|2.8||Emissions Allowable Under the Permit|
|2.9||Federal Clean Air Act and Amendments (the Act)|
|2.10||Federal Operating Permit (FOP)|
|2.11||Federally Enforceable Conditions|
|2.12||Federally Enforceable Requirements|
|2.14||Hazardous Air Pollutant (HAP)|
|2.17||Minor Administrative Change|
|2.18||Minor Permit Modification|
|2.19||National Ambient Air Quality Standards (NAAQS)|
|2.20||Nitrogen Oxides (NOx)|
|2.23||Potential To Emit|
|2.25||Significant Permit Modification|
|2.26||State Implementation Plan (SIP)|
|2.28||Sulfur Oxides (SOx)|
|2.31||Title I Modification|
|2.36||Total Suspended Particulates (TSP)|
|2.37||United States Environmental Protection Agency (USEPA)|
|PART 3 PERMIT ISSUANCE REQUIREMENTS|
|3.5||Initial Permit Issuance|
|PART 4 PERMIT CONTENT REQUIREMENTS|
|4.1||Incorporation of Federally Enforceable Requirements|
|4.2||General Permit Requirements|
|PART 5 ADMINISTRATIVE REQUIREMENTS|
|5.2||Availability of Information|
|5.3||Payment of Title V Fees|
|5.4||Certification by Responsible Official|
|PART 6 MONITORING AND RECORD KEEPING REQUIREMENTS|
PART 1 GENERAL
The purpose of this Rule is to provide for the issuance of Federal Operating Permits (FOPs) which contain all federally enforceable requirements for stationary sources as required under the provisions of Title V of the Federal Clean Air Act and amendments (the Act). Such FOPs are in addition to, and not a substitute for, any District permits required under the provisions of District Rule 200, Permits Required. It is explicitly acknowledged that the adoption/implementation of this Rule is not intended, nor is it likely, to result in any significant emission reductions.
The provisions of this Rule shall apply to:
1.2.1 any facility that is a major source; or
1.2.2 any acid rain source, as defined by Title IV of the Act; or
1.2.3 any solid waste incinerator that must comply with Section 129(e) of the Act; or
1.2.4 any other stationary source or category of sources deemed to require a Federal Operating Permit (FOP) by the United States Environmental Protection Agency (USEPA).
The following sources are exempt from the provisions of this Rule unless otherwise required to obtain a permit under Sections 1.2.2, 1.2.3 and 1.2.4 herein, or, for Sections 22.214.171.124 and 126.96.36.199 herein, unless the Administrator specifies a "lesser quantity cutoff" which defines "major source" for a particular HAP and/or for a particular source category:
1.3.1 all stationary sources and source categories that would be required to obtain a permit solely because they are subject to the following standards:
188.8.131.52 40 Code of Federal Regulations (CFR) Part 60, subpart AAA - Standards of Performance for New Residential Wood Heaters; or
184.108.40.206 40 CFR Part 61, subpart M - National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Asbestos, Section 61.145, Standard for Demolition and Renovation; or
1.3.2 all stationary sources that have federally enforceable conditions on their District permit(s) that limit their potential to emit to less than the following amounts:
220.127.116.11 100 tons per year of any air pollutant; and
18.104.22.168 10 tons per year of any one HAP; and
22.214.171.124 25 tons per year of any combination of HAPs.
1.3.3 all stationary sources subject to District Rule 436 (Title V: General Prohibitory Rule).
1.4 Effective Dates
This Rule as revised is effective on April 18, 2001.
The requirements of this Rule arise from the provisions of the Federal Clean Air Act and its amendments (42 U.S.C Section 7401 et seq.); and USEPA regulations setting forth the requirements for an Operating Permit Program (Final Rule, 40 CFR Part 70).
PART 2 DEFINITIONS
2.1 Administrative Permit Amendments
An amendment to a permit which:
2.1.1 corrects a typographical error; or
2.1.2 identifies a minor administrative change at the stationary source; or
2.1.3 makes a change to the certificate of representation from the stationary source; or
2.1.4 requires more frequent monitoring or reporting requirements for the stationary source; or
2.1.5 transfers ownership or operational control of a stationary source, provided that the APCO receives a written agreement which specifies a date for the transfer of permit responsibility, coverage, and liability from the current to prospective permittee.
2.2 Air Pollutant
2.2.1 All compounds for which an ambient air quality standard has been established by the USEPA or the Air Resources Board (ARB) and the precursors to such compounds; and
2.2.2 all compounds regulated by the USEPA under the Act or by the ARB under the Health and Safety Code; and
2.2.3 all the compounds which the USEPA, after the notice and opportunity for public comment, publishes in the Federal Register, or the ARB, or the District after public hearing, determine may have a significant adverse effect on the environment, the public health, or the public welfare; and
2.2.4 other compounds including, but not limited to:
a. volatile organic compounds (VOCs), as defined in District Rule 101 (Definitions),
b. nitrogen oxides (NOx),
c. sulfur oxides (SOx),
d. particulate matter less than 10 micrometers in aerodynamic diameter (PM10),
e. total suspended particulates (TSP),
f. carbon monoxide (CO), and
g. Hazardous Air Pollutants (HAPs).
2.3 Air Pollution Control Officer (APCO)
The Air Pollution Control Officer for the Monterey Bay Unified Air Pollution Control District.
2.4 Air Resources Board (ARB)
State of California Air Resources Board.
2.5 Certificate of Representation
A certificate which lists the designated and alternative representative of a stationary source which is subject to the requirements of Title IV of the Act.
The Monterey Bay Unified Air Pollution Control District (MBUAPCD).
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.
2.8 Emissions Allowable Under the Permit
A federally enforceable permit term or condition determined at issuance to be required by a federally enforcement requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid a federally enforceable requirement to which the source would otherwise be subject.
2.9 Federal Clean Air Act and Amendments (the Act)
Federal Clean Air Act and amendments (42 U.S.C Section 7401 et seq.)
2.10 Federal Operating Permit (FOP)
A written permit issued pursuant to this Rule containing all the federally enforceable conditions, issued by the District to a specific applicant for the operation or use of any article, machine, equipment and other contrivance which may cause the issuance of air pollutants.
2.11 Federally Enforceable Conditions
Those conditions on a permit which require compliance with a federally enforceable requirement.
2.12 Federally Enforceable Requirements
Any requirement set forth in, or required by, the Act or USEPA regulations. Federally enforceable requirements include:
2.12.1 Title I requirements of the Act, including:
126.96.36.199 New Source Review (NSR) requirements in the state implementation plan approved by the USEPA and the terms and conditions of the preconstruction permit issued to the source pursuant to District Rule 207 (Review of New or Modified Sources); and
188.8.131.52 Prevention of Significant Deterioration (PSD) requirements and the terms and conditions of the PSD permit (40 CFR Part 52); and
184.108.40.206 New Source Performance Standards (NSPS) (40 CFR Part 60); and
220.127.116.11 National Ambient Air Quality Standards (NAAQS), increments, and visibility requirements under Part C of Title I of the Act as they apply to portable sources required to obtain a permit pursuant to Section 504(e) of the Act; and
18.104.22.168 National Emissions Standards for Hazardous Air Pollutants (NESHAP) (40 CFR Part 61); and
22.214.171.124 Maximum Achievable Control Technology (MACT) or Generally Available Control Technology (GACT) Standards (40 CFR Part 63) and other federally promulgated standards pursuant to Section 112 of the Act; and
126.96.36.199 Risk Management Plans (Section 112(r) of the Act); and
188.8.131.52 Solid Waste Incineration requirements (Section 129 of the Act); and
184.108.40.206 Consumer and Commercial Product requirements (Section 183 of the Act); and
220.127.116.11 Tank Vessel requirements (Section 183 of the Act); and
18.104.22.168 Any standard or other requirement provided for in the State Implementation Plan (SIP) approved or promulgated by USEPA; and
22.214.171.124 Federal Implementation Plan (FIP) requirements; and
126.96.36.199 Enhanced Monitoring and Compliance Certification requirements (Section 114(a)(3) of the Act); and
2.12.2 Title III, Section 328 (Outer Continental Shelf) requirements of the Act (40 CFR Part 55); and
2.12.3 Title IV (Acid Deposition Control) requirements of the Act (40 CFR Parts 72, 73, 75, 76, 77, 78); and
2.12.4 Title VI (Stratospheric Ozone Protection) requirements of the Act (40 CFR Part 82); and
2.12.5 Monitoring and Analysis requirements (Section 504(b) of the Act).
2.13 Fugitive Emission
Any emission that could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.
2.14 Hazardous Air Pollutant (HAP)
Any air pollutant listed by the USEPA in the Federal Register pursuant to Section 112(b) of the Act.
2.15 Insignificant Activity
An emissions unit with actual emissions less than:
2.15.1 2 tons per year of any criteria pollutant; and
2.15.2 the lessor of 1,000 pounds per year, the section 112(g) de minimis levels, or other Title I significant modification levels for Hazardous Air Pollutants and other toxics as identified in 40 CFR 52.21(b)(23)(i).
2.16 Major Source
Any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping. A stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same major group (i.e. all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987; and is one of the following:
2.16.1 a stationary source or any group of stationary sources as defined above, that directly emits, or has the potential to emit, 100 tons per year or more of any air pollutant (including any fugitive emissions of any such pollutant, as determined by rule by the Administrator.) The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of Section 302(j) of the Act unless the source belongs to one of the stationary source categories listed in 40 CFR 70.2 "Definitions - Major Source (2)(i-xxvi); or
2.16.2 a stationary source or group of stationary sources that directly emits or has the potential to emit, in the aggregate 10 tons per year or more of any one hazardous air pollutant (HAP) (including any fugitive emissions of such pollutant) which has been listed pursuant to Section 112(b)of the Act; or
2.16.3 a stationary source or group of stationary sources that directly emits or has the potential to emit, in the aggregate 25 tons per year or more of any combination of HAPs (including any fugitive emissions of such pollutant) which has been listed pursuant to Section 112(b)of the Act; or
2.16.4 a stationary source or group of stationary sources that directly emits or has the potential to emit, in the aggregate, some lesser quantity of a HAP (including any fugitive emissions of such pollutants) which have been listed pursuant to Section 112(b) of the Act the USEPA may establish by rule.
2.17 Minor Administrative Change
A change in the name, address, or phone number of any person identified in a permit.
2.18 Minor Permit Modification
A minor permit modification must be all of the following:
2.18.1 a modification that would not violate any federally enforceable requirement of the Act; or
2.18.2 a modification that would not involve significant monitoring, reporting, or record keeping changes; or
2.18.3 a modification that would not establish or change a case-by-case determination, such as for an emission limit or standard or a source specific determination for temporary sources of ambient impacts, or a visibility or air quality increment analysis; or
2.18.4 a modification that would not establish or change any permit condition used to avoid a federally enforceable requirement to which the source would otherwise be subject; or
2.18.5 a modification that is not a Title I modification.
2.19 National Ambient Air Quality Standards (NAAQS)
Air quality standards set by the Administrator of the USEPA to protect public health and welfare and, in general, consisting of primary and secondary standards. Primary standards are to protect the public health, while secondary standards are intended to protect the public welfare, e.g., plants, crops, and materials.
2.20 Nitrogen Oxides (NOx)
The sum of the molecular forms of nitrogen oxide and nitrogen dioxide. When measured or calculated, the total of the two molecular forms is collectively expressed as nitrogen dioxide.
In this Rule, permit means a Federal Operating Permit (FOP) unless otherwise noted.
Particulate matter with aerodynamic diameter smaller than or equal to a nominal 10 micrometers (Fm) as measured by an appropriate reference test method.
2.23 Potential To Emit
The maximum capacity of the source to emit an air pollutant based on its physical and operational design. Any federally enforceable condition on a District permit to operate which limits the capacity of a source to emit an air pollutant shall be treated as part of its design. The federally enforceable condition(s) may include limits on emissions, requirements for air pollution control equipment, restrictions on hours of operation, or on the type or amount of material combusted, stored, or processed that are established pursuant to SIP, NSPS, NESHAP requirements or in a federally enforceable preconstruction review program.
2.24 Responsible Official
An individual with the authority to certify that a source complies with the requirements of this Rule. Responsible official means one of the following:
2.24.1 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:
188.8.131.52 the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars) or;
184.108.40.206 the delegation of authority to such representatives is approved in advance by the APCO.
2.24.2 for a partnership or sole proprietorship, a general partner or the proprietor, respectively;
2.24.3 for a municipality, state, federal, or other public agency, either a principal executive officer or a ranking elected official.
2.24.4 for affected sources:
220.127.116.11 the designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and
18.104.22.168 the designated representative for any other purposes under Part 70.
2.25 Significant Permit Modification
Any modification to a federally enforceable condition on a permit to operate which is not a minor permit modification or an administrative permit amendment and which:
2.25.1 involves any significant change as specified in the USEPA's Title I regulations in 40 CFR Parts 51, 52, 60, 61 and 63; or
2.25.2 significantly changes monitoring conditions; or
2.25.3 provides for the relaxation of any reporting or record keeping conditions; or
2.25.4 involves a case-by-case determination of any emission standard or other requirement; or
2.25.5 involves a source specific determination for ambient impacts, visibility analysis, or air quality increment analysis on portable sources; or
2.25.6 incorporates any newly federally enforceable requirement promulgated by the USEPA under the authority of the Act after issuance of the permit provided that three or more years remain on the permit term; or
2.25.7 involves a permit term or condition which allows a source to avoid a federally enforceable requirement, including:
22.214.171.124 a federally enforceable emission cap pursuant to Title I of the Act; or
126.96.36.199 an alternative HAP emission limit pursuant to Section 112(i)(5) of the Act.
2.26 State Implementation Plan (SIP)
The plan which is required by the Act to be submitted by each state, and approved by the USEPA, to achieve and maintain federal ambient air quality standards (NAAQS).
2.27 Stationary Source
Any building, structure, facility, or installation which emits or may emit any air pollutant directly or as a fugitive emission.
2.28 Sulfur Oxides (SOx)
The sum of the molecular forms of sulfur oxide and sulfur dioxide.
2.29 Tank Vessels
As defined in 46 U.S.C.A. 2101, a tank vessel is any vessel which: transfers, carries, or is constructed or adapted to carry, oil, other organic liquid, or hazardous material in bulk, or as a cargo residue, in a port or place subject to the jurisdiction of the United States.
2.30 Title I
Title I (Air Pollution Prevention and Control) of the Act.
2.31 Title I Modification
Any modification which is subject to any provision of Title I of the Act.
2.32 Title III
Title III (Hazardous Air Pollutants) of the Act.
2.33 Title IV
Title IV (Acid Deposition Control) of the Act.
2.34 Title V
Title V (Federal Operating Permits Program) of the Act.
2.35 Title VI
Title VI (Stratospheric Ozone Protection) of the Act.
2.36 Total Suspended Particulates (TSP)
Any airborne finely divided solid or liquid material with an aerodynamic diameter less than 100 micrometers (Fm).
2.37 United States Environmental Protection Agency (USEPA)
The Administrator or appropriate delegate of the United States Environmental Protection Agency.
PART 3 PERMIT ISSUANCE REQUIREMENTS
3.1 Permit Applications
3.1.1 Applications for initial permits must be submitted no later than 12 months after a source becomes subject to the District-administered Federal Operating Permit Program.
188.8.131.52 An existing source is subject upon approval of the District-administered Federal Operating Permit Program by the USEPA.
184.108.40.206 A new source is subject on the date of commencement of operation.
3.1.2 For permit renewal, applications must be submitted at least 6 months but no greater than 18 months prior to permit expiration.
3.1.3 Applications for phase II Acid Rain Permits must be submitted by January 1, 1996 for SOx and January 1, 1998 for NOx.
3.1.4 Sources required to meet the requirements under Section 112(g) of the Act, or to have a permit under the preconstruction review program approved into the applicable implementation plan under part C or D of Title I of the Act, shall file a complete application to obtain a federal operating permit or permit revision within 12 months after commencing operation or on or before such earlier date as the District may establish. Where an existing federal operating permit would prohibit such construction or change in operation, the source must obtain a permit revision before commencing operation.
3.1.5 The applicant must submit supplemental information and corrections upon becoming aware that it has submitted incorrect information or failed to submit relevant facts. The applicant must submit additional information as necessary to address any requirements that become applicable after submitting a complete application but prior to the release of the draft permit.
3.1.6 The applicant must use the District's permit application forms and the application must include the following information:
220.127.116.11 Information identifying the source; and
18.104.22.168 Description of processes and products (by Standard Industrial Classification Code) including any associated with proposed alternative operating scenarios; and
22.214.171.124 A listing of all existing emissions units, including insignificant activities, at the stationary source and identification and description of all points of emissions from the emissions units in sufficient detail to establish the federally enforceable requirements; and
126.96.36.199 Citation and description of all federally enforceable 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; and
188.8.131.52 Description of or reference to any applicable test method for determining compliance with each federally enforceable requirement; and
184.108.40.206 Calculation of all emissions, including fugitive emissions and insignificant activities, in tons per year and in such terms as are necessary to establish compliance with all federally enforceable requirements; and
220.127.116.11 As these affect emissions from the source, the identification of fuels, fuel use, raw materials, production rates, operation schedules, limitations on source operation or workplace practices and the calculations on which these are based; and
18.104.22.168 An explanation of any proposed exemptions from otherwise federally enforceable requirements; and
22.214.171.124 An identification and description of air pollution control equipment and compliance monitoring devices or activities; and
126.96.36.199 Other information required by a federally enforceable requirement; and
188.8.131.52 The information needed to define permit terms or conditions implementing a source's options for operational flexibility, including alternative operating scenarios, pursuant to Sections 4.2.7, 4.2.8 and 5.5; and
184.108.40.206 A compliance plan and compliance schedule with the following:
220.127.116.11.1 A description of the compliance status of each emissions unit within the stationary source with respect to federally enforceable requirements including any applicable enhanced monitoring and compliance certification requirements of the Act, and
18.104.22.168.2 A statement that the source will continue to comply with such federally enforceable requirements with which the source is complying, and
22.214.171.124.3 A statement of the methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods, and
126.96.36.199.4 A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying federally enforceable requirement or by the District, and
188.8.131.52.5 A statement that the source will comply, on a timely basis, with federally enforceable requirements that will become effective during the permit term, and
184.108.40.206.6 A description of how the source will achieve compliance with requirements for which the source is not in compliance; and
220.127.116.11 For a source not in compliance with a federally enforceable requirement at the time of permit issuance or renewal, a schedule of compliance approved by the District hearing board that identifies remedial measures including an enforceable sequence of actions, with specific increments of progress, a final compliance date, testing and monitoring methods, record keeping requirements, and a schedule for submission of certified progress reports to the USEPA and the APCO at least every 6 months. This schedule of compliance shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject; and
18.104.22.168 Any application form, report, or compliance certification submitted pursuant to these regulations shall contain certification by a responsible official that meets the requirements of Section 5.4.1 herein; and
22.214.171.124 For a source with an acid rain unit, an application shall include the elements required by 40 CFR Part 72; and
126.96.36.199 For a source of HAPs required to prepare a risk management plan pursuant to Section 112(r) of the Act, 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
188.8.131.52 For proposed portable sources, an application shall identify all locations of potential operations and how the source will comply with all federally enforceable requirements at each location.
3.2 Permit Term
The permit will be issued and valid for a period of five years upon payment of the fees prescribed in Section 5.3 of this Rule.
3.3 Completeness Determination
The District shall determine an application to be complete only if all items listed in Section 3.1.6 are submitted along with the applicable filing fee pursuant to District Rule 308. The District shall make the completeness determination within the following time frames:
3.3.1 For an initial permit, permit renewal, or a significant permit modification, the application shall be deemed to be complete 60 days after receipt unless the District notifies the facility that the application is not complete.
3.3.2 For a minor permit modification, the application shall be deemed to be complete 30 days after receipt unless the District notifies the facility that the application is not complete.
3.4 Application Shield
Except as provided in the following sentence, no source may operate after the time that it is required to submit a timely and complete application pursuant to Rule 218, except in compliance with a permit issued pursuant to Rule 218. If a timely and complete application for permit issuance (including renewal) is submitted for a source subject to Rule 218, the failure of that source to operate with a permit issued under the requirements of Rule 218 shall not be a violation of the requirements of Rule 218 until the District takes final action on the permit application. The source may operate under the shield of the timely and complete application. The application shield is not applicable if there is a delay in final action on the application due to failure of the responsible official of the source to submit timely information required or requested by the District to process the application. No source shall be in violation of this Rule before the date on which the source is required to submit an application under Section 3.1 of this Rule. The application shield does not alter any requirement for preconstruction permits. Until final action is taken on an application for renewal of a FOP, the source shall continue to operate under the requirements of its existing FOP.
3.5 Initial Permit Issuance
3.5.1 The District must take final permitting action no later than 18 months after receipt of a complete application with the following exception:
184.108.40.206 An initial permit for an existing source commencing operation on or before the effective date of this Rule, shall be issued no later than 3 years after the effective date of this Rule.
3.5.2 The draft permit shall be forwarded to the USEPA for a 45-day review period. The District shall not issue a permit to which the USEPA objects.
220.127.116.11 If the USEPA objects to the issuance of the permit, the District has 90 days from the date of the objection to revise and resubmit the draft permit in response to the objection. If the District fails to do so, the USEPA shall issue or deny the permit.
3.5.3 The APCO shall provide public notification as specified in 40 CFR 70.7(h)(2) of the intent to issue, significantly modify, or renew a permit. The notification shall be published in at least one newspaper of general circulation within the District and by other means if necessary to assure adequate notice to the affected public, and sent to any individual submitting a written request to the APCO for notification, inviting written public comment for a 30-day period following the date of publication. During this period the APCO may elect to hold a public meeting to receive oral comments from the public. The APCO will announce any such hearing 30 days prior to the date of the scheduled hearing and will consider all such comments before issuing the final permit. The APCO shall keep a record of the commenters and of the issues raised during the public participation process so that the Administrator of the USEPA may fulfill their obligation to determine whether a citizen petition may be granted.
18.104.22.168 If the permit is revised due to comments received from the public, the revised permit will be forwarded to USEPA for an additional 45-day review period.
3.5.4 Any member of the public may petition the USEPA within 60 days after the expiration of the USEPA's 45-day review period to object to the issuance of the final permit. This petition shall be based only on objections that were raised with reasonable specificity during the public comment period provided for in Section 3.5.3, 22.214.171.124 of this Rule, unless the petitioner demonstrates that it was impracticable to raise the issue during that time period. If the USEPA objects to the permit as a result of this petition, the District shall not issue the final permit until the USEPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to a USEPA objection.
3.5.5 Upon expiration of the 30-day public review period and approval of the draft permit by the USEPA, the District shall issue the final permit and send a copy to the USEPA.
3.6 Permit Renewal
The renewal process for the permit is subject to the same procedural requirements as the initial permit issuance as provided for in Section 3.5 herein. Permit expiration terminates the source's right to operate unless a timely and complete renewal application is submitted pursuant to Section 3.1.2 herein.
3.7 Permit Reopenings
3.7.1 After a 30-day notice to the facility, a permit shall be reopened under the circumstances listed in Sections 126.96.36.199 to 188.8.131.52 and reissued by the District following the procedural requirements for initial permit issuance. The permit reopening shall affect only those parts of the permit for which the following causes to reopen exist:
184.108.40.206 additional federally enforceable requirements under the Act have become applicable to the source with a remaining permit term of at least 3 years, such reopening shall be completed no later than 18 months after promulgation of the federally enforceable requirement; or
220.127.116.11 the District or the USEPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit; or
18.104.22.168 the USEPA or the District determines that the permit must be revised to assure compliance with the federally enforceable requirements.
3.8 Permit Revisions
3.8.1 Administrative Permit Amendments
Permit revisions for administrative permit amendments shall be completed within 60 days of notification. The administrative permit revision procedures are as follows:
22.214.171.124 the source may make changes immediately upon filing a complete application; and
126.96.36.199 the District shall issue the revised permit and send a copy to the USEPA.
3.8.2 Minor Permit Modifications
Minor permit modifications shall be completed within 90 days of receipt of the application or 15 days after the end of the 45-day USEPA review period, whichever is later.
188.8.131.52 Within the above specified time frame the District shall:
184.108.40.206.1 Issue the permit modification as proposed;
220.127.116.11.2 Deny the permit modification application;
18.104.22.168.3 Determine that the requested modification does not meet the minor permit modification criterial and should be reviewed under the significant modification procedures; or
22.214.171.124.4 Revise the draft permit modification and transmit to the USEPA the new proposed permit modification.
126.96.36.199 The minor permit modification procedure is as follows:
188.8.131.52.1 The District shall notify USEPA within 5 days of receipt of a complete application for the minor permit modification; and
184.108.40.206.2 the draft permit shall be forwarded to the USEPA for a 45-day review period; and
220.127.116.11.3 if the USEPA objects to the issuance of the permit, the District has 90 days to revise and resubmit the draft permit. If the District fails to do so, the USEPA shall issue or deny the permit. Otherwise, the District shall issue the revised permit and send a copy to the USEPA.
3.8.3 Significant Permit Modifications
The procedural requirements for significant permit modifications are the same as for initial permit issuance under the provisions of Section 3.5 herein.
PART 4 PERMIT CONTENT REQUIREMENTS
Any permit issued pursuant to this Rule shall include all of the following requirements:
4.1 Incorporation of Federally Enforceable Requirements
The permit shall incorporate conditions to assure compliance with any federally enforceable requirement listed in Sections 2.12, 4.2 and 4.3 herein. The following procedure shall be used to incorporate a federally enforceable requirement as a permit condition:
4.1.1 All permit conditions that address non-federally enforceable requirements shall be specifically identified in the permit or otherwise distinguished from any requirement that is federally enforceable; and
4.1.2 Where a federally enforceable requirement and a similar requirement apply to the same emissions unit and are mutually exclusive (e.g., require different air pollution control technology), the requirement implemented in the preconstruction permit shall be incorporated as a permit condition and the other requirement shall be referenced.
4.2 General Permit Requirements
4.2.1 Each permit shall include the following provisions:
18.104.22.168 The permittee must comply with all conditions on the federal operating permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
22.214.171.124 The need to halt or reduce activity is not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
126.96.36.199 The permit may be modified, revoked, reopened, and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.
188.8.131.52 The permit does not convey any property rights of any sort, or any exclusive privilege.
184.108.40.206 The permittee shall furnish to the District, within a reasonable time, any information that the District may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the District copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the Administrator along with a claim of confidentiality.
4.2.2 Preconstruction Permit Requirements
Each permit shall include all of the preconstruction permit conditions for each emissions unit.
4.2.3 New Source Performance Standards
Each permit shall require compliance with any applicable federal NSPS as set forth in 40 CFR Part 60.
4.2.4 Federal or State Implementation Plan Requirements
Each permit shall require compliance with any standard or other requirement set forth in the applicable implementation plan as defined in Section 301 of the Act.
4.2.5 Operational and Emissions Limitations
Each permit shall include emission limitations and standards, including any operational requirements and limitations, that assure compliance with all federally enforceable requirements at the time of permit issuance. The origin of and authority for each term and condition shall be specified in the permit, and any difference in form as compared to the federally enforceable requirement upon which the term or condition is based will be identified.
4.2.6 Equipment Identification
Each permit shall identify the equipment to which each permit condition applies.
4.2.7 Alternative Operating Scenarios
Where the responsible official 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 identified in the permit must meet all federally enforceable requirements and all of the requirements of this Section. Furthermore, the source is required to maintain a log to record each change made from one operating scenario to another, such changes to be recorded as they are made.
4.2.8 Emissions Caps
When the responsible official requests that the APCO permit two or more emissions units under an emission cap, the permit for each emissions unit shall include terms and conditions for the trading of emissions increases and decreases in the permitted facility, to the extent that the federally enforceable requirements provide for trading such increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions shall include all terms required under Section 4.2 herein.
220.127.116.11 An emissions cap shall not allow emissions from any one emissions unit to exceed any applicable individual emission limit or other requirement; and
18.104.22.168 Any individual emission limit or other requirement for an emissions unit shall be enforced through continuous emission monitoring, where applicable; and
22.214.171.124 If an emissions cap is exceeded, all affected emissions units under the emissions cap shall be considered to be operating in violation of the permit.
4.2.9 Monitoring, Testing, and Analysis
Each permit shall contain conditions for all of the monitoring and analysis procedures, and test methods required to be performed to demonstrate compliance, including those pursuant to Sections 114(a)(3) and 504(b) of the Act, and 40 CFR Part 64. Periodic evaluations shall be required as a condition to ensure that the data collected are sufficient to represent the source's compliance with permit conditions over the evaluation period.
Additionally, where the federally enforceable requirement does not require periodic testing or monitoring, the permit shall include periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit. Such monitoring requirements shall assure use of terms, test methods, averaging periods, and other statistical conventions consistent with the federally enforceable requirement.
4.2.10 RECORD KEEPING
Each permit shall incorporate all applicable record keeping requirements and require:
126.96.36.199 creation of records of all monitoring data and information that include the following:
188.8.131.52.1 The date, place as defined in the permit, and time of sampling or measurement, and
184.108.40.206.2 The date(s) analyses were performed, and
220.127.116.11.3 The company or entity that performed the analyses, and
18.104.22.168.4 The analytical techniques or methods used, and
22.214.171.124.5 The results of such analyses, and
126.96.36.199.6 The operating conditions as existing at the time of sampling or measurement; and
188.8.131.52 retention of records of all required monitoring data and information sufficient to demonstrate compliance with any federally enforceable requirements for a period of at least 5 years from the date of sample collection, measurement, or application; and
184.108.40.206 maintenance of any other record keeping deemed necessary by the APCO to demonstrate compliance with all federally enforceable requirements.
Each permit shall contain all applicable reporting requirements and conditions that require:
220.127.116.11 Monitoring reports shall be submitted at least every six months; and
18.104.22.168 each monitoring report shall be accompanied by a written statement from the responsible official which certifies the truth, accuracy, and completeness of the report; and
22.214.171.124 each report shall clearly identify any deviation from permit requirements; and
126.96.36.199 any deviation from permit requirements shall be also reported to the District within 96 hours of occurrence. The report shall include deviations attributable to upset conditions (as defined in the permit), the probable cause of any deviation, and any corrective actions or preventive measures taken.
4.2.12 Compliance Plan
Each permit shall include a compliance plan which assures that:
188.8.131.52 each emissions unit will remain in continuous compliance with each applicable permit condition; and
184.108.40.206 each emissions unit will meet any future federally enforceable requirement on a timely basis; and
220.127.116.11 a narrative description of how each emissions unit that is not in compliance at the time of permit issuance will achieve compliance.
4.2.13 Compliance Schedule
Each permit shall include a compliance schedule for each emissions unit which is not in compliance with current requirements. The compliance schedule shall:
18.104.22.168 list all preventive or corrective activities, and the dates when these activities will be accomplished, for each condition with which the emissions unit is not in compliance; and
22.214.171.124 provide the schedule of progress reports certified and submitted by the responsible official on at least a semiannual basis. This report must include the dates when "corrective activities" were actually accomplished and an explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted; and
126.96.36.199 resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to and shall not sanction noncompliance with, the federally enforceable requirements on which it is based.
4.2.14 Compliance Certification
Each permit shall require the responsible official to certify every 12 months, or more frequently as specified in the federally enforceable requirement or by the APCO, that the emissions unit complies with all permit conditions. The certification of compliance shall be submitted to the APCO and the USEPA and must include the following:
188.8.131.52 identification of each term or condition of the permit that is the basis of the certification; and
184.108.40.206 the compliance status; and
220.127.116.11 whether compliance was continuous or intermittent; and
18.104.22.168 the method(s) used for determining the compliance status of the source, currently and over the reporting period.
4.2.15 Emergency Provisions
The permit shall include the following emergency provision:
22.214.171.124 the responsible official shall submit to the District a properly signed contemporaneous log or other relevant evidence which demonstrates:
126.96.36.199.1 an emergency occurred; and
188.8.131.52.2 the permittee can identify the cause(s) of the emergency; and
184.108.40.206.3 the facility was being properly operated at the time of the emergency; and
220.127.116.11.4 all steps were taken to minimize the emissions resulting from the emergency; and
18.104.22.168.5 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;
22.214.171.124 In any enforcement proceeding, the permittee has the burden of proof for establishing that an emergency occurred; and
126.96.36.199 In addition to the emergency provisions above, the permittee shall comply with the emergency or upset provisions contained in all federally enforceable requirements and District Rule 214.
Each 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(s) of the permit.
4.2.17 Right of Entry
Each permit shall require that the source allow the entry of District, ARB, or USEPA officials for the purpose of inspections and sampling as authorized by law, including:
188.8.131.52 inspection of the stationary source, including equipment, practices, operations, and emission-related activity; and
184.108.40.206 inspection and duplication of records required by the permit to be maintained; and
220.127.116.11 source sampling or other monitoring activities.
4.2.18 Permit Life
With the exception of solid waste incinerators subject to Section 129(e) of the Act, each permit to operate for any source shall include a condition for a fixed term of five years from the date of issuance. 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.
4.2.19 Payment of Fees
Each permit shall include a condition to ensure that appropriate permit fees are paid on schedule. The condition shall require the permit to be forfeited if fees are not paid on schedule.
4.2.20 Certification by a Responsible Official
Each permit shall require that any document (including reports) required by the permit shall contain a certification by a responsible official that meets the requirements of Section 5.4.1 herein.
4.3 Specific Requirements
Conditions addressing specific requirements shall be included in the FOPs for certain sources, including but not limited to:
4.3.1 Sources of Hazardous Air Pollutants
The permit for a HAP source shall include conditions which require compliance with any federal standard or other requirement promulgated pursuant to Section 112 of the Act, and any District standard or requirement pertaining to toxic air contaminants, including:
18.104.22.168 any National Emissions Standard for Hazardous Air Pollutant (NESHAP) promulgated pursuant to 40 CFR Part 61 prior to November 15, 1990, until such standard is superseded; and
22.214.171.124 any federal MACT, GACT, or other standard or requirement, including any District MACT standard, adopted to satisfy a federal requirement pursuant to Section 112(d), (f), (g), and (j) of the Act; however, compliance with such requirements may be postponed pursuant to Section 112(i) of the Act; and
126.96.36.199 any requirement for a risk management plan promulgated pursuant to Section 112(r) of the Act;
4.3.2 Sources of Stratospheric Ozone Depleters
The permit for sources of stratospheric ozone depleters listed in 40 CFR Part 82, Appendices A and B (Class I and II substances) shall include conditions which require compliance with any federal standard or other requirement for stratospheric ozone protection promulgated pursuant to Title VI of the Act;
4.3.3 Portable Sources
A permit issued to any portable source (no acid rain sources shall be permitted as portable sources), which may operate at two or more locations, shall contain conditions that require the portable source to:
188.8.131.52 meet all applicable District, state, and federal requirements for each location; and
184.108.40.206 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 applicable District, state, and federal requirements; and
220.127.116.11 notify the APCO 10 working days prior to a change in location;
4.3.4 Consumer or Commercial Products
The permit shall include conditions which require compliance with any federal standard or other requirement promulgated pursuant to Section 183(e) of the Act which is applicable to manufacturers, processors, wholesale distributors, or importers and suppliers of such entities, of consumer or commercial products for sale or distribution in interstate commerce in the United States. The term "consumer or commercial product" means any substance, product (including paints, coatings, and solvents), or article (including any container or packaging) held by any person, the use, consumption, storage, disposal, destruction, or decomposition of which may result in the release of volatile organic compounds. The term does not include fuels or fuel additives regulated pursuant to Section 211 of the Act or motor vehicles, non-road vehicles, and non-road engines as defined in Section 216 of the Act;
4.3.5 Electric Utility Units
The permit for an electric utility unit shall include conditions which require compliance with any federal standard or requirement promulgated pursuant to Title IV (Acid Deposition Control) of the Act and any standard or requirement promulgated pursuant to Title V of the Act, except as modified by Title IV. Phase I and II requirements of the acid deposition control program include:
18.104.22.168 a copy of the certificate of representation submitted to the USEPA in accordance with 40 CFR Part 72; and
22.214.171.124 any continuous emission monitoring requirement promulgated pursuant to 40 CFR Part 75, including: the installation, operation and certification of equipment by November 15, 1993 for units covered under phase I; and by January 1, 1995, or within 90 days of the start of commercial operation, whichever is later, for units covered under phase II; and
126.96.36.199 the submission of quality assurance and quarterly monitoring reports; and
188.8.131.52 any application requirement for an Acid Rain Permit pursuant to Section 3.1.3 herein; and
184.108.40.206 any emissions limitation, including requirements that:
220.127.116.11.1 an electric utility unit not exceed the annual sulfur dioxide emission allowances allocated in 40 CFR Part 73 which allows a unit to emit one ton per year of sulfur dioxide for each emission allowance allotted while not allowing use of the allowances as a defense for non-compliance with the requirements of District Rule 207 (Review of New or Modified Sources) or any other applicable rules and regulation, and
18.104.22.168.2 an electric utility unit not exceed the nitrogen oxides emission limitations promulgated pursuant to 40 CFR Part 76 for units subject to phase I and coal-fired units subject to phase II and for which permits shall be reopened, before January 1, 1999, to include NOx requirements; and
22.214.171.124 any required compliance plan, or other requirement, for repowering units in accordance with 40 CFR Part 72;
4.3.6 Solid Waste Incinerators
The permit for a solid waste incinerator shall include conditions which require compliance with any emission limitation or other requirement promulgated pursuant to Section 111 or 129 of the Act;
4.3.7 Tank Vessels
The permit for any tank vessel, which loads or unloads in the District, shall include conditions which require compliance with any federal standard or other requirement promulgated pursuant to Section 183(f) of the Act, or any state or District standard or requirement;
4.3.8 Outer Continental Shelf (OCS) Sources
The permit for any OCS source shall include conditions which require compliance with any federal standard or other requirement promulgated pursuant to Section 328 of the Act and any state ambient air quality standard promulgated to comply with Part C of Title I of the Act. The same state and District requirements for emissions controls, emission limitations, emission offsets, permitting, monitoring, testing, and reporting that apply to sources onshore located in the District shall apply to OCS sources within 25 miles of the seaward boundary of the District. As defined in Section 328(a)(4)(C) of the Act, an OCS source includes any equipment, activity, or facility which:
126.96.36.199 emits, or has the potential to emit, any air pollutant (the emissions from any vessel within 25 miles, which services or is associated with the OCS source, shall be included in the calculation of the source's potential to emit), and
188.8.131.52 is regulated, or authorized, under the Outer Continental Shelf Lands Act, and
184.108.40.206 is located on the outer continental shelf or in, or on, waters above the outer continental shelf.
And at the request of the applicant, the FOP shall include the following:
4.4 Permit Shield
4.4.1 A provision stating that compliance with the conditions of the FOP shall be deemed compliance with any applicable requirements as of the date of FOP issuance, provided that:
220.127.116.11 Such applicable requirements are included and are specifically identified in the FOP; or
18.104.22.168 The District, in acting on the FOP application or revision determines in writing that other requirements specifically identified are not applicable to the source, and the FOP includes the determination or a concise summary thereof.
4.4.2 A FOP that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.
4.4.3 The permit shield shall not alter or affect the following:
22.214.171.124 The provisions of Section 303 of the Act (emergency orders), including the authority of the Administrator under that section;
126.96.36.199 The liability of an owner or operator of a source for any violation of applicable requirements prior to, or at the time of FOP issuance;
188.8.131.52 The applicable requirements of the acid rain program, consistent with Section 408(a) of the Act;
184.108.40.206 The ability of USEPA to obtain information from a source pursuant to Section 114 of the Act.
PART 5 ADMINISTRATIVE REQUIREMENTS
5.1.1 Information entitled to confidentiality protection consists of items specified at Section 114(c) of the Act, except:
220.127.116.11 the contents of the permit shall not be entitled to the confidentiality protection under Section 114(c) of the Act.
5.2 Availability of Information
All information, except as noted in Section 5.1, submitted to the District pursuant to this Rule shall be made available to the public.
5.3 Payment of Title V Fees
5.3.1 All permit applicants shall pay the applicable filing fee set forth in District Rule 308 upon submittal of their permit application. The application is not deemed complete until this filing fee is paid.
5.3.2 All permit applicants shall, in addition to the filing fee, pay the applicable permit evaluation fee set forth in District Rule 308.
5.3.3 Annual Federal Operating Permit Fees (AFOPFs) required under the provisions of District Rule 308 are due on an annual basis commencing one year after the date of permit issuance. These annual fees shall be calculated as set forth in District Rule 308.
5.4 Certification by Responsible Official
5.4.1 Any application form, report, or compliance certification submitted pursuant to this Rule shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this Rule shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.
5.5 Operational Flexibility
5.5.1 Upon request of the owner or operator, the APCO may allow certain changes in facility operations without requiring a permit revision. The changes allowed under this Section shall not apply to changes in operations that constitute a significant or minor permit modification under this Rule or a modification District Rule 207, or that result in an exceedance of the emissions allowable under the permit. This Section shall apply to requests for:
18.104.22.168 the use of alternative operating scenarios for which the terms and conditions are: identified by the owner or operator in the permit application, approved in advance by the District, specified in the permit conditions, and in compliance with all federally enforceable requirements; and a log shall be maintained at the facility at all times that records the scenario under which it is operating; or
22.214.171.124 the use of a voluntary facility-wide emission limit for the purpose of emissions trading within the facility if all existing emission limits and performance standards for emission units and operations remain in effect, and the terms and conditions for the facility-wide emission limits are:
126.96.36.199.1 identified by the owner or operator in the permit application; and
188.8.131.52.2 approved in advance by the District as quantifiable and enforceable; and
184.108.40.206.3 specified in the permit conditions; and
220.127.116.11.4 in compliance with all federally enforceable requirements; and
18.104.22.168.5 the facility provides both the District and USEPA with written notification a minimum of 14 days in advance of the proposed changes.
22.214.171.124.5.1 The notification shall state when the change will occur and shall describe the changes in emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions of the permit; or
126.96.36.199 changes that contravene an express permit term provided such changes do not violate federally enforceable requirements or contravene federally enforceable permit terms and conditions that are monitoring, record keeping, reporting, or compliance certification requirements, if the District and USEPA receive written notice from the owner or operator at least 30 days before making the change, and all of the following conditions are met:
188.8.131.52.1 the change does not cause or allow any exceedance of any emission limitation or emission standard which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a facility or emission unit to assure continuous emission reduction and any design, equipment work practice or operational standard; and
184.108.40.206.2 the change does not cause or allow any exceedance of any standard of performance that requires continuous emission reduction, including any requirement relating to the operation or maintenance of a facility or emission unit to assure continuous emission reduction; and
220.127.116.11.3 the written notice is clearly marked as a request for operational flexibility under this Section and includes the following information:
18.104.22.168.3.1 a description of the change; and
22.214.171.124.3.2 the date on which the change will occur; and
126.96.36.199.3.3 the change in emissions of any air pollutant, whether the air pollutant is regulated or not and any new emissions of any air pollutant not emitted before the change, whether the air pollutant is regulated or not; and
188.8.131.52.4 the District does not provide the owner or operator a written denial of the request for an operational change within at least 30 days of receipt of the request for an operation change.
5.6 Injunctive Authority
No person shall violate, or fail to comply with, any term or condition of the FOP issued by the District. Any such noncompliance shall be a violation of Rule 218, the Federal Operating Permits Rule.
Any person who operates a source in violation of any provision of this Rule shall be subject to a fine of not more than twenty-five thousand dollars ($25,000) per day per violation. This penalty shall be assessed in addition to any fines pursuant to provisions of the California Health and Safety Code.
PART 6 MONITORING AND RECORD KEEPING REQUIREMENTS
All emissions monitoring and analysis procedures or test methods required under the Act will be specified in the conditions of the permit.
6.2 Record Keeping
Owners or operators subject to the provisions of this Rule shall maintain for a period of not less than five years a record in a permanent form suitable for inspection, and shall make such record available upon request to the USEPA, the ARB and the District. The records shall include, but are not limited to:
6.2.1 the occurrence and duration of any startup, shutdown, or malfunction in the operation of any affected facility; and
6.2.2 the data from all performance testing, evaluations, calibration checks, adjustments, and maintenance of any continuous emission monitors; and
6.2.3 the emission rate, concentration data and other measurements necessary to demonstrate compliance.
6.3.1 Report Contents
The report shall include, but is not limited to:
184.108.40.206 the time intervals, date and magnitude of excess emissions, nature and cause of the excess (if known), corrective actions and preventive measures adopted; and
220.127.116.11 the averaging period used for data reporting corresponding to averaging period specified in the emission test period used to det