MBUAPCD RULE 218 TITLE V: FEDERAL OPERATING PERMITS
LAST REVISED 02/21/96

RULE 218.    TITLE V:  FEDERAL OPERATING PERMITS 


(Adopted November 17, 1993; Revised September 21, 1994, and February 21,
1996)

                                 CONTENTS


PART 1 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  3
       1.1   Purpose . . . . . . . . . . . . . . . . . . . . . . . . . .  3
       1.2   Applicability . . . . . . . . . . . . . . . . . . . . . . .  3
       1.3   Exemptions. . . . . . . . . . . . . . . . . . . . . . . . .  3
       1.4   Effective Dates . . . . . . . . . . . . . . . . . . . . . .  4
       1.5   References. . . . . . . . . . . . . . . . . . . . . . . . .  4

PART 2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . .  4
       2.1   Administrative Permit Amendments. . . . . . . . . . . . . .  5
       2.2   Air Pollutant . . . . . . . . . . . . . . . . . . . . . . .  5
       2.3   Air Pollution Control Officer (APCO). . . . . . . . . . . .  6
       2.4   Air Resources Board (ARB) . . . . . . . . . . . . . . . . .  6
       2.5   Certificate of Representation . . . . . . . . . . . . . . .  6
       2.6   District. . . . . . . . . . . . . . . . . . . . . . . . . .  6
       2.7   Emergency . . . . . . . . . . . . . . . . . . . . . . . . .  6
       2.8   Emissions Allowable Under the Permit. . . . . . . . . . . .  6
       2.9   Federal Clean Air Act and Amendments (the Act). . . . . . .  6
       2.10    Federal Operating Permit (FOP). . . . . . . . . . . . . .  7
       2.11    Federally Enforceable Conditions. . . . . . . . . . . . .  7
       2.12    Federally Enforceable Requirements. . . . . . . . . . . .  7
       2.13    Fugitive Emission . . . . . . . . . . . . . . . . . . . .  8
       2.14    Halogenated Hydrocarbons. . . . . . . . . . . . . . . . .  8
       2.15    Hazardous Air Pollutant (HAP) . . . . . . . . . . . . . .  9
       2.16    Major Source. . . . . . . . . . . . . . . . . . . . . . .  9
       2.17    Minor Administrative Change . . . . . . . . . . . . . . . 10
       2.18    Minor Permit Modification . . . . . . . . . . . . . . . . 10
       2.19    National Ambient Air Quality Standards (NAAQS). . . . . . 10
       2.20    Nitrogen Oxides (NOx) . . . . . . . . . . . . . . . . . . 10
       2.21    Permit. . . . . . . . . . . . . . . . . . . . . . . . . . 11
       2.22    PM10. . . . . . . . . . . . . . . . . . . . . . . . . . . 11
       2.23    Potential To Emit . . . . . . . . . . . . . . . . . . . . 11
       2.24    Reactive Organic Compound (ROC) . . . . . . . . . . . . . 11
       2.25    Responsible Official. . . . . . . . . . . . . . . . . . . 11
       2.26    Significant Permit Modification . . . . . . . . . . . . . 12
       2.27    State Implementation Plan (SIP) . . . . . . . . . . . . . 13
       2.28    Stationary Source . . . . . . . . . . . . . . . . . . . . 13
       2.29    Sulfur Oxides (SOx) . . . . . . . . . . . . . . . . . . . 13
       2.30    Tank Vessels. . . . . . . . . . . . . . . . . . . . . . . 13
       2.31    Title I . . . . . . . . . . . . . . . . . . . . . . . . . 13
       2.32    Title I Modification. . . . . . . . . . . . . . . . . . . 13
       2.33    Title III . . . . . . . . . . . . . . . . . . . . . . . . 14
       2.34    Title IV. . . . . . . . . . . . . . . . . . . . . . . . . 14
       2.35    Title V . . . . . . . . . . . . . . . . . . . . . . . . . 14
       2.36    Title VI. . . . . . . . . . . . . . . . . . . . . . . . . 14
       2.37    Total Suspended Particulates (TSP). . . . . . . . . . . . 14
       2.38    United States Environmental Protection Agency (USEPA) . . 14

PART 3 PERMIT ISSUANCE REQUIREMENTS. . . . . . . . . . . . . . . . . . . 14
       3.1   Permit Applications . . . . . . . . . . . . . . . . . . . . 14
       3.2   Permit Term . . . . . . . . . . . . . . . . . . . . . . . . 17
       3.3   Completeness Determination. . . . . . . . . . . . . . . . . 17
       3.4   Application Shield. . . . . . . . . . . . . . . . . . . . . 18
       3.5   Initial Permit Issuance . . . . . . . . . . . . . . . . . . 18
       3.6   Permit Renewal. . . . . . . . . . . . . . . . . . . . . . . 19
       3.7   Permit Reopenings . . . . . . . . . . . . . . . . . . . . . 19
       3.8   Permit Revisions. . . . . . . . . . . . . . . . . . . . . . 20

PART 4 PERMIT CONTENT REQUIREMENTS . . . . . . . . . . . . . . . . . . . 21
       4.1   Incorporation of Federally Enforceable Requirements . . . . 21
       4.2   General Permit Requirements . . . . . . . . . . . . . . . . 21
       4.3   Specific Requirements . . . . . . . . . . . . . . . . . . . 28
       4.4   Permit Shield . . . . . . . . . . . . . . . . . . . . . . . 31

PART 5 ADMINISTRATIVE REQUIREMENTS . . . . . . . . . . . . . . . . . . . 32
       5.1   Confidentiality . . . . . . . . . . . . . . . . . . . . . . 32
       5.2   Availability of Information . . . . . . . . . . . . . . . . 32
       5.3   Payment of Title V Fees . . . . . . . . . . . . . . . . . . 32
       5.4   Certification by Responsible Official . . . . . . . . . . . 33
       5.5   Operational Flexibility . . . . . . . . . . . . . . . . . . 33
       5.6   Injunctive Authority. . . . . . . . . . . . . . . . . . . . 34
       5.7   Penalties . . . . . . . . . . . . . . . . . . . . . . . . . 35

PART 6 MONITORING AND RECORDKEEPING REQUIREMENTS . . . . . . . . . . . . 35
       6.1   Monitoring. . . . . . . . . . . . . . . . . . . . . . . . . 35
       6.2   Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . 35
       6.3   Reporting . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 1 GENERAL

1.1      Purpose

       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.


1.2      Applicability

       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).


1.3      Exemptions

       The following sources are exempt from the provisions of this Rule
       unless otherwise required to obtain a permit under Section 1.2.4
       herein, or, for Sections 1.3.2.2 and 1.3.2.3 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:

         1.3.1.1   40 Code of Federal Regulations (CFR) Part 60, subpart AAA
                   - Standards of Performance for New Residential Wood
                   Heaters; or

         1.3.1.2   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:

         1.3.2.1   100 tons per year of any air pollutant; and

         1.3.2.2   10 tons per year of any one HAP; and

         1.3.2.3   25 tons per year of any combination of HAPs.

       1.3.3   for a period of three years from the date of program approval
               by USEPA, a major source shall not be required to obtain a
               federal operating permit if its actual emissions are below all
               of the following thresholds:

         1.3.3.1   60 tons per year of any air pollutant; and

         1.3.3.2   6 tons per year of any one HAP; and

         1.3.3.3   18 tons per year of any combination of HAPs.



1.4      Effective Dates

       This Rule shall be effective upon the date of its approval by the
       United States Environmental Protection Agency (USEPA).  Specific dates
       for compliance are provided in relevant sections of Part 3 of this
       Rule.


1.5      References

       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   increases 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.    reactive organic compounds (ROCs),
             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.


2.6      District

       The Monterey Bay Unified Air Pollution Control District (MBUAPCD).


2.7      Emergency

       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:

         2.12.1.1    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

         2.12.1.2    Prevention of Significant Deterioration (PSD)
                     requirements and the terms and conditions of the PSD
                     permit (40 CFR Part 52); and

         2.12.1.3    New Source Performance Standards (NSPS) (40 CFR Part
                     60); and

         2.12.1.4    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

         2.12.1.5    National Emissions Standards for Hazardous Air
                     Pollutants (NESHAP) (40 CFR Part 61); and

         2.12.1.6    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

         2.12.1.7    Risk Management Plans (Section 112(r) of the Act); and

         2.12.1.8    Solid Waste Incineration requirements (Section 129 of
                     the Act); and

         2.12.1.9    Consumer and Commercial Product requirements (Section
                     183 of the Act); and

         2.12.1.10 Tank Vessel requirements (Section 183 of the Act); and

         2.12.1.11 District prohibitory Rules that are in the State
                   Implementation Plan (SIP); and

         2.12.1.12 Federal Implementation Plan (FIP) requirements; and

         2.12.1.13 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     Halogenated Hydrocarbons

       As defined in Part 2 of District Rule 207, 1,1,1-trichloroethane,
       methylene chloride, trichlorofluoromethane (CFC-11),
       dichlorodifluoromethane (CFC-12), chlorodifluoromethane (HCFC-22),
       trifluoromethane (HFC-23), 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-
       113), 1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114), and
       chloropentafluoroethane (CFC-115).


2.15     Hazardous Air Pollutant (HAP)

       Any air pollutant listed by the USEPA in the Federal Register pursuant
       to Section 112(b) of the Act.


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 recordkeeping 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 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.


2.21     Permit

       In this Rule, permit means a Federal Operating Permit (FOP) unless
       otherwise noted.


2.22     PM10

       Particulate matter with aerodynamic diameter smaller than or equal to
       a nominal 10 micrometers ( m) 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     Reactive Organic Compound (ROC)

       Any compound containing at least one atom of carbon, except: methane,
       carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or
       carbonates, ammonium carbonates, and halogenated hydrocarbons (defined
       term).


2.25     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:

       2.25.1    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:

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

         2.25.1.2    the delegation of authority to such representatives is
                     approved in advance by the APCO.

       2.25.2    for a partnership or sole proprietorship, a general partner
                 or the proprietor, respectively;

       2.25.3    for a municipality, state, federal, or other public agency,
                 either a principal executive officer or a ranking elected
                 official.

       2.25.4    for affected sources:

         2.25.4.1    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 

         2.25.4.2    the designated representative for any other purposes
                     under Part 70.


2.26     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:

       2.26.1    involves any significant change as specified in the USEPA's
                 Title I regulations in 40 CFR Parts 51, 52, 60, 61 and 63;
                 or 

       2.26.2    significantly changes monitoring conditions; or

       2.26.3    provides for the relaxation of any reporting or
                 recordkeeping conditions; or

       2.26.4    involves a case-by-case determination of any emission
                 standard or other requirement; or

       2.26.5    involves a source specific determination for ambient
                 impacts, visibility analysis, or air quality increment
                 analysis on portable sources; or

       2.26.6    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

       2.26.7    involves a permit term or condition which allows a source to
                 avoid a federally enforceable requirement, including:

         2.26.7.1    a federally enforceable emission cap pursuant to Title I
                     of the Act; or

         2.26.7.2    an alternative HAP emission limit pursuant to Section
                     112(i)(5) of the Act.


2.27     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).


2.28     Stationary Source

       Any building, structure, facility, or installation which emits or may
       emit any air pollutant directly or as a fugitive emission.


2.29     Sulfur Oxides (SOx)

       The sum of the molecular forms of sulfur oxide and sulfur dioxide.


2.30     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.


2.31     Title I

       Title I (Air Pollution Prevention and Control) of the Act.


2.32     Title I Modification

       Any modification which is subject to any provision of Title I of the
       Act.


2.33     Title III

       Title III (Hazardous Air Pollutants) of the Act.


2.34     Title IV

       Title IV (Acid Deposition Control) of the Act.


2.35     Title V

       Title V (Federal Operating Permits Program) of the Act.


2.36     Title VI

       Title VI (Stratospheric Ozone Protection) of the Act.


2.37     Total Suspended Particulates (TSP)

       Any airborne finely divided solid or liquid material with an
       aerodynamic diameter less than 100 micrometers ( m).


2.38     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. 

         3.1.1.1   An existing source is subject upon approval of the
                   District-administered Federal Operating Permit Program by
                   the USEPA.

         3.1.1.2   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:

         3.1.6.1   Information identifying the source; and

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

         3.1.6.3   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 federally enforceable
                   requirements; and

         3.1.6.4   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

         3.1.6.5   Description of or reference to any applicable test method
                   for determining compliance with each federally enforceable
                   requirement; and

         3.1.6.6   Calculation of all emissions, including fugitive
                   emissions, in tons per year and in such terms as are
                   necessary to establish compliance with all federally
                   enforceable requirements; and

         3.1.6.7   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

         3.1.6.8   An explanation of any proposed exemptions from otherwise
                   federally enforceable requirements; and

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

         3.1.6.10    Other information required by a federally enforceable
                     requirement; and

         3.1.6.11    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

         3.1.6.12  A compliance plan and compliance schedule with the
                   following:

           3.1.6.12.1    A description of the compliance status of each
                         emissions unit within the stationary source with
                         respect to federally enforceable requirements, and

           3.1.6.12.2    A statement that the source will continue to comply
                         with such federally enforceable requirements with
                         which the source is complying, and

           3.1.6.12.3    A statement of the methods used for determining
                         compliance, including a description of monitoring,
                         recordkeeping, and reporting requirements and test
                         methods, and

           3.1.6.12.4    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

           3.1.6.12.5    A statement that the source will comply, on a timely
                         basis, with federally enforceable requirements that
                         will become effective during the permit term, and

           3.1.6.12.6    A description of how the source will achieve
                         compliance with requirements for which the source is
                         not in compliance; and

         3.1.6.13  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 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 USEPA and the APCO at least every
                   6 months; and

         3.1.6.14  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

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

         3.1.6.16  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

         3.1.6.17  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

       3.2.1   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 timeframes:

       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:

         3.5.1.1   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.

         3.5.2.1   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 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 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.

       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 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, any permit may be
               reopened 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:

         3.7.1.1   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

         3.7.1.2   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
 
         3.7.1.3   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: 

         3.8.1.1   the source may make changes immediately upon filing a
                   complete application; and

         3.8.1.2   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 after
         the application is deemed complete or 60 days after written notice
         and concurrence from the USEPA on the proposed decision, whichever
         is later.  The minor permit modification procedure is as follows:
 
         3.8.2.1   The District shall notify USEPA within 5 days of receipt
                   of a complete application for the minor permit
                   modification; and

         3.8.2.2   the draft permit shall be forwarded to the USEPA for a 45-
                   day review period; and

         3.8.2.3   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:

         4.2.1.1   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.

         4.2.1.2   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.

         4.2.1.3   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.

         4.2.1.4   The permit does not convey any property rights of any
                   sort, or any exclusive privilege.

         4.2.1.5   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.

         4.2.8.1   An emissions cap shall not allow emissions from any one
                   emissions unit to exceed any applicable individual
                   emission limit or other requirement; and

         4.2.8.2   Any individual emission limit or other requirement for an
                   emissions unit shall be enforced through continuous
                   emission monitoring, where applicable; and

         4.2.8.3   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    Recordkeeping

         Each permit shall incorporate all applicable recordkeeping
         requirements and require:

         4.2.10.1    creation of records of all monitoring data and
                     information that include the following:

           4.2.10.1.1    The date, place as defined in the permit, and time
                         of sampling or measurement, and

           4.2.10.1.2    The date(s) analyses were performed, and

           4.2.10.1.3    The company or entity that performed the analyses,
                         and

           4.2.10.1.4    The analytical techniques or methods used, and

           4.2.10.1.5    The results of such analyses, and

           4.2.10.1.6    The operating conditions as existing at the time of
                         sampling or measurement; and


         4.2.10.2    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

         4.2.10.3    maintenance of any other recordkeeping deemed necessary
                     by the APCO to demonstrate compliance with all federally
                     enforceable requirements.

       4.2.11    Reporting

         Each permit shall contain all applicable reporting requirements and
         conditions that require:

         4.2.11.1    Monitoring reports shall be submitted at least every six
                     months; and

         4.2.11.2    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

         4.2.11.3    each report shall clearly identify any deviation from
                     permit requirements; and

         4.2.11.4    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:

         4.2.12.1    each emissions unit will remain in continuous compliance
                     with each applicable permit condition; and

         4.2.12.2    each emissions unit will meet any future federally
                     enforceable requirement on a timely basis; and

         4.2.12.3    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:

         4.2.13.1    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

         4.2.13.2    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

         4.2.13.3    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:

         4.2.14.1    identification of each term or condition of the permit
                     that is the basis of the certification; and 

         4.2.14.2    the compliance status; and 

         4.2.14.3    whether compliance was continuous or intermittent; and

         4.2.14.4    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:

         4.2.15.1    the responsible official shall submit to the District a
                     properly signed contemporaneous log or other relevant
                     evidence which demonstrates: 

           4.2.15.1.1    an emergency occurred; and

           4.2.15.1.2    the permittee can identify the cause(s) of the
                         emergency; and

           4.2.15.1.3    the facility was being properly operated at the time
                         of the emergency; and

           4.2.15.1.4    all steps were taken to minimize the emissions
                         resulting from the emergency; and

           4.2.15.1.5    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;

         4.2.15.2    In any enforcement proceeding, the permittee has the
                     burden of proof for establishing that an emergency
                     occurred; and 

         4.2.15.3    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.

       4.2.16    Severability

         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:

         4.2.17.1    inspection of the stationary source, including
                     equipment, practices, operations, and emission-related
                     activity; and

         4.2.17.2    inspection and duplication of records required by the
                     permit to be maintained; and

         4.2.17.3    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:

         4.3.1.1   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

         4.3.1.2   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

         4.3.1.3   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:
 
         4.3.3.1   meet all applicable District, state, and federal
                   requirements for each location; and

         4.3.3.2   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

         4.3.3.3   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:

         4.3.5.1   a copy of the certificate of representation submitted to
                   the USEPA in accordance with 40 CFR Part 72; and

         4.3.5.2   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 

         4.3.5.3   the submission of quality assurance and quarterly
                   monitoring reports; and

         4.3.5.4   any application requirement for an Acid Rain Permit
                   pursuant to Section 3.1.3 herein; and

         4.3.5.5   any emissions limitation, including requirements that:

           4.3.5.5.1   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

           4.3.5.5.2   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

         4.3.5.6   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:

         4.3.8.1   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

         4.3.8.2   is regulated, or authorized, under the Outer Continental
                   Shelf Lands Act, and

         4.3.8.3   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:

         4.4.1.1   Such applicable requirements are included and are
                   specifically identified in the FOP; or

         4.4.1.2   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:

         4.4.3.1   The provisions of section 303 of the Act (emergency
                   orders), including the authority of the Administrator
                   under that section;

         4.4.3.2   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;

         4.4.3.3   The applicable requirements of the acid rain program,
                   consistent with section 408(a) of the Act;

         4.4.3.4   The ability of USEPA to obtain information from a source
                   pursuant to section 114 of the Act.



PART 5 ADMINISTRATIVE REQUIREMENTS


5.1      Confidentiality

       5.1.1   Information entitled to confidentiality protection consists of
               items specified at Section 114(c) of the Act, except:
  
         5.1.1.1   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: 

         5.5.1.1   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

         5.5.1.2   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:

           5.5.1.2.1   identified by the owner or operator in the permit
                       application; and

           5.5.1.2.2   approved in advance by the District as quantifiable
                       and enforceable; and

           5.5.1.2.3   specified in the permit conditions; and

           5.5.1.2.4   in compliance with all federally enforceable
                       requirements; and

           5.5.1.2.5   the facility provides both the District and USEPA with
                       written notification a minimum of 14 days in advance
                       of the proposed changes.

             5.5.1.2.5.1   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

         5.5.1.3   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, recordkeeping,
                   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:

           5.5.1.3.1   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

           5.5.1.3.2   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

           5.5.1.3.3   the written notice is clearly marked as a request for
                       operational flexibility under this Section and
                       includes the following information:

             5.5.1.3.3.1   a description of the change; and

             5.5.1.3.3.2   the date on which the change will occur; and 

             5.5.1.3.3.3   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

           5.5.1.3.4   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.


5.7   Penalties

       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 RECORDKEEPING REQUIREMENTS


6.1      Monitoring

       All emissions monitoring and analysis procedures or test methods
       required under the Act will be specified in the conditions of the
       permit.


6.2      Recordkeeping

       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      Reporting

       6.3.1   Report Contents

         The report shall include, but is not limited to:

         6.3.1.1   the time intervals, date and magnitude of excess
                   emissions, nature and cause of the excess (if known),
                   corrective actions and preventive measures adopted; and

         6.3.1.2   the averaging period used for data reporting corresponding
                   to averaging period specified in the emission test period
                   used to determine compliance with an emission standard for
                   the pollutant/source category in question; and

         6.3.1.3   the time and date of each period during which the
                   Continuous Emission Monitoring system was inoperative
                   except for zero and span checks and the nature of system
                   repairs and adjustments; and

         6.3.1.4   all information pertaining to any monitoring as required
                   by the permit; and

         6.3.1.5   a negative declaration specifying when no excess emissions
                   occurred.

       6.3.2   Reporting Period
       
         The reporting periods are as follows:

         6.3.2.1   Owners or operators subject to the provisions of this Rule
                   shall submit to the District in a District-approved format
                   a semi-annual report, within 45 days of the end of the
                   previous 6 month period ending each June 30 and December
                   31.

         6.3.2.2   Owners or operators subject to the provisions of Title IV
                   shall submit to the District in a District approved format
                   a quarterly report for each calendar quarter, within 45
                   days of the end of the previous calendar quarter ending
                   each March 31, June 30, September 30 and December 31,
                   rather than the semi-annual periods in subsection 6.3.2.1.

       6.3.3   Reports of Violations

         Any violation of any emissions standard to which the stationary
         source is required to conform, as indicated by the records of the
         monitoring device, shall be reported by the operator of the source
         to the District within 96 hours after such occurrence.  
         The District shall, in turn, report the violation to the ARB and the
         USEPA after receiving the report of the violation from the operator.

         6.3.3.1   The violation report shall include the time intervals,
                   date and magnitude of excess emissions; nature and cause
                   of the excess (if known), corrective actions and
                   preventive measures adopted.

       6.3.4   Data Reduction

         Data shall be reduced according to the procedure established in 40
         CFR, Part 51, Appendix P, paragraphs 5.0 through 5.3.3, or by other
         methods deemed equivalent by joint decisions of the District, the
         ARB and the USEPA.

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