MOJAQMD RULE 1210 ACID RAIN PROV. OF FED. OP. PERMITS

LAST REVISED 06/28/95



(Adopted: 06/28/95)

Rule 1210

Acid Rain Provisions of Federal Operating Permits



(A)General

(1)Purpose:

(a)The purpose of this rule is to provide the

provisions necessary for the District to incorporate requirements

from the Acid Rain Program onto Federal Operating Permits issued

pursuant to this Regulation.

(2)Applicability:

(a)This rule shall apply to any affected unit as

specified in 40 CFR 72.6 (incorporated herein by this reference).

(b)This rule shall not apply to any affected unit

exempted from the Acid Rain Program pursuant to the provisions of

40 CFR 72.7 and 72.8 (incorporated herein by this reference).

(3) Effect on Other Authorities

(a)To the extent that the requirements of this

regulation or this rule conflict with the requirements found in

40 CFR 72 regarding the issuance, denial, revision, reopening,

renewal and appeal of the acid rain provisions of a Federal

Operating Permit, the provisions of 40 CFR 72 shall control.

(b)No provision of the Acid Rain Program, an

application filed pursuant to this rule, the portion of a Federal

Operating Permit issued pursuant to this rule, or a written

exemption from the Acid Rain Program pursuant to 40 CFR 72.7 or

72.8 shall be construed as:

(i)Except as expressly provided in title IV of the

Act, exempting or excluding the owners and operators and, to the

extent applicable, the designated representative of an affected

source or affected unit from compliance with any other provision

of the Act, including the provisions of title I of the Act

relating to applicable National Ambient Air Quality Standards or

State Implementation Plans.

(ii)Limiting the number of allowances a unit can

hold; provided, that the number of allowances held by the unit

shall not affect the source's obligation to comply with any other

provisions of the Act.

(iii)Requiring a change of any kind in any State

law regulating electric utility rates and charges, affecting any

State law regarding such State regulation, or limiting such State

regulation, including any prudence review requirements under such

State law.

(iv)Modifying the Federal Power Act or affecting

the authority of the Federal Energy Regulatory Commission under

the Federal Power Act.

(v)Interfering with or impairing any program for

competitive bidding for power supply in a State in which such

program is established.



(B)Definitions

(1)For the purposes of this rule all the definitions and

acronyms contained in 40 CFR 72.2 and 72.3 (incorporated herein

by this reference) shall apply. For the purposes of this rule

for any definitions which are not contained in 40 CFR 72.2 the

definition found in District Rule 1201 shall apply.



(C)Requirements

(1)Permits:

(a)The designated representative of each facility

containing an affected unit shall:



(i)Submit a complete Acid Rain permit application,

including a compliance plan, pursuant to this rule in accordance

with the deadlines specified in section (D).

(ii)Submit, in a timely manner, any supplemental

information that the District determines is necessary in order to

review an Acid Rain permit application and to issue or deny an

Acid Rain permit.

(b)The owner or operator of a facility containing an

affected unit shall:

(i)Obtain and maintain an Acid Rain permit.

(ii)Operate the affected unit in compliance with

any complete Acid Rain permit application or a superseding Acid

Rain permit issued by the District.

(2)Monitoring:

(a)The owner or operator and, to the extent applicable,

the designated representative of a facility containing an

affected unit shall comply with the monitoring requirements as

set forth in 40 CFR 72.9(b) (incorporated herein by this

reference) and 40 CFR 75 (incorporated herein by reference).

(3) Sulfur Dioxide:

(a)The owner or operator of a facility containing an

affected unit shall comply with the requirements relating to

sulfur dioxide as set forth in 40 CFR 72.9(c) (incorporated

herein by this reference).

(4) Nitrogen Oxides:

(a)The owner or operator of a facility containing an

affected unit shall comply with the requirements relating to

Nitrogen Oxides as set forth in 40 CFR 72.9(d) (incorporated

herein by this reference).

(5)Excess Emissions:

(a)The owner or operator of a facility containing an

affected unit shall comply with the requirements relating to

excess emissions as set forth in 40 CFR 72.9(e) (incorporated

herein by this reference).

(6)Record keeping and Reporting:

(a)The owner or operator of a facility containing an

affected unit shall comply with the requirements relating to

Record keeping and reporting as set forth in 40 CFR 72.9(f)

(incorporated herein by this reference).

(7)Designated Representative:

(a)Submissions:

(i)Any submissions required pursuant to this rule

or pursuant to any other requirement of the Acid Rain Program

shall be submitted, sighed and certified by the designated

representative for the facility or affected unit on behalf of

which the submission is made.

(ii)Any submission required pursuant to this rule

or pursuant to any other requirement of the Acid Rain Program

shall also comply with the provisions set forth in 40 CFR

72.21(b), 72.21(c), and 72.21(d) (incorporated herein by this

reference).

(b)Objections:

(i)No objection or other communication submitted

to the District or the USEPA concerning the authorization of, any

submission by, any action or inaction of the designated

representative (except for proper actions taken to change the

designated representative or alternative designated

representative or the owners and operators pursuant to the

provisions of 40 CFR 72.23 shall affect any submission, action or

inaction of the designated representative or the finality of any

decision of the District or the USEPA under the Acid Rain

Program.

(ii)In the event of an objection or other

communication, the District and/or the USEPA are not required to

stay any allowance transfer, any submission, or the effect of any

action or inaction under the Acid Rain Program.

(iii)Neither the District nor USEPA will

adjudicate any private legal dispute concerning the authorization

or any submission, action or inaction of any designated

representative, including but not limited to private legal

disputes concerning the proceeds of allowance transfers.

(8)Each affected unit and/or facility containing an affected

unit shall meet the requirements of the Acid Rain Program.



(D)Application Requirements

(1)Duty to Apply:

(a)The designated representative of a facility

containing an affected unit shall submit a complete Acid Rain

permit application by the applicable deadline as set forth in

subsection (2) below.

(b)The owner or operator of a facility containing an

affected unit shall not operate the facility or unit without a

Federal Operating Permit which contains the applicable

requirements from the Acid Rain Program.

(2)Deadlines:

(a)The designated representative of a facility

containing an affected unit subject to phase I of the Acid Rain

Program shall submit a complete Acid Rain permit application in

compliance with the deadlines set forth in 40 CFR 72.30(b)(1)

(incorporated herein by this reference).

(b)The designated representative of a facility

containing an affected unit subject to phase II of the Acid Rain

Program shall submit an Acid Rain permit application as follows:

(i)For existing affected units as specified in 40

CFR 72.6(a)(2), on or before January 1, 1996.

(ii)For new affected units as specified in 40 CFR

72.6(a)(3)(i), at least twenty-four (24) months before the later

of January 1, 2000 or the date on which the unit commences

operation.



MDAQMD 1210

Acid Rain Provisions of Federal Operating Permits



(iii)For any facility containing an affected unit

as specified in 40 CFR 72.6(a)(3)(ii), at least twenty-four (24)

months before the later of January 1, 2000 or the date on which

the affected unit begins to serve a generator with a nameplate

capacity greater than 25 MWe.

(iv)For any facility containing an affected unit

as specified in 40 CFR 72.6(a)(3)(iii), at least twenty-four (24)

months before the later of January 1, 2000 or the date on which

the auxiliary firing commences operation.

(v)For any facility containing an affected unit as

specified in 40 CFR 72.6(a)(3)(iv), before the latter of January

1, 1998 or March 1 of the year following the three calendar year

period in which the unit sold to a utility power distribution

system an annual average of more than one-third of its potential

electrical output capacity and more than 219,000 MWe-hrs actual

electric output (on a gross basis).

(vi)For any facility containing an affected unit

as specified in 40 CFR 72.6(a)(3)(v), before the latter of

January 1, 1998 or March 1 of the year following the calendar

year in which the facility fails to meet the definition of

qualifying facility.

(vii)For any facility containing an affected unit

as specified in 40 CFR 72.6(a)(3)(vi), before the latter of

January 1, 1998 or March 1 of the year following the calendar

year in which the facility fails to meet the definition of an

independent power production facility.

(viii)For any facility containing an affected unit

as specified in 40 CFR 72.6(a)(3)(vi), before the latter of

January 1, 1998 or March 1 of the year following the three

calendar year period in which the incinerator consumed 20 percent

or more fossil fuel (on a Btu basis).

(c)The designated representative of a facility shall

submit a complete Acid Rain permit application for each facility

with an affected unit at least 6 months prior to the expiration

of an existing Acid Rain permit governing the unit during Phase

II or such longer time as may be approved under District Rule

1202(B) that ensures that the term of the existing permit will

not expire before the effective date of the permit for which the

application is submitted.

(3)Application Information:

(a)A complete Acid Rain permit application shall

contain all the elements set forth in 40 CFR 72.31 (incorporated

herein by this reference).

(4) Application Shield:

(a)Once the designated representative has submitted a

timely and complete Acid Rain permit application the owner or

operator of the facility containing an affected unit covered by

the permit application shall be deemed to be in compliance with

the requirement to have an Acid Rain permit provided that :

(i)Any delay in issuance of an Acid Rain permit is

not caused by the failure of the designated representative to

submit in a complete and timely fashion supplemental information

required by the District which the District deems necessary to

issue an Acid Rain permit.

(b)Prior to the date on which an Acid Rain permit is

issued as a final District action subject to judicial review, an

affected unit governed by and operated in accordance with the

terms and requirements of a timely

and complete Acid Rain permit application shall be

deemed in compliance with the Acid Rain Program.

(c)A complete Acid Rain permit application shall be

binding on the owner or operators and the designated

representative of the facility containing an affected unit

covered by the permit application and shall be enforceable as an

Acid Rain Permit from the date of submission of the permit

application until the issuance or denial of such permit as a

final District action subject to judicial review.

(5)Compliance Plans and Compliance Options:

(a)Any compliance plan submitted as a part of an Acid

Rain permit application shall comply with the provisions of 40

CFR 72.40(a) (incorporated herein by this reference).

(b)Any compliance option contained in a compliance plan

shall comply with the provisions of 40 CFR 72.40(b) and 72.40(c)

(incorporated herein by this reference).

(c)Any compliance option contained in a compliance plan

may be terminated in accordance with the provisions of 40 CFR

72.40(d) (incorporated herein by this reference).

(d)The designated representative of any affected unit

specified in 40 CFR 72.44(a) may submit an application for and

obtain a repowering extension so long as such action complies

with all the requirements, conditions and procedural requirements

as set forth in 40 CFR 72.44 (incorporated herein by this

reference).



(E)Permit Requirements

(1)Permit Contents:

(a)Each Acid Rain permit issued pursuant to this rule

shall contain the elements as set forth in 40 CFR 72.50

(incorporated herein by this reference).

(b)Each Acid Rain permit issued pursuant to this rule

shall:

(i)Contain all applicable Acid Rain requirements.

(ii)Be a complete and segregable portion of the

Federal Operating Permit.

(iii)Not incorporate by reference information

contained in any other documents, other than documents which are

readily available.

(2)Permit Shield:

(a)Each affected unit operated in accordance with an

Acid Rain permit that governs the affected unit and was issued

pursuant to this rule, the shall be deemed to be operating in

compliance with the Acid Rain Program except as provided in 40

CFR 72.9(g)(6).



(3) Permit Issuance:

(a)The issuance or denial of an Acid Rain permit shall

follow the procedures set forth herein and any applicable

provisions contained in Regulation XII.

(i)Within ten (10) working days following a

determination that an Acid Rain permit application is complete,

the District shall submit to USEPA a written notice of

application completeness.

(ii)After an Acid Rain permit application has been

determined to be complete, the District shall prepare:

a.A draft Acid Rain permit in accordance with

the requirements set forth in 40 CFR 72.50 (incorporated herein

by this reference) unless the District denies the Acid Rain

permit.

b.A statement of basis which contains the

elements set forth in 40 CFR 72.64 (incorporated herein by this

reference).

(iii)After the draft Acid Rain permit and

statement of basis have been prepared, the District shall submit

a copy of these documents to USEPA.

(iv)Public notice and comment on the draft Acid

Rain permit shall thereafter be performed pursuant to the

provisions contained in District Rule 1207(A) and 1207(B).

(v)Following the close of the public comment

period, the District shall incorporate all necessary changes into

the draft Acid Rain permit and issue a proposed Acid Rain permit.

(vi)Following the issuance of the proposed Acid

Rain permit, the District shall submit the proposed Acid Rain

permit to USEPA for review.

(vii)Following USEPA review of the proposed Acid

Rain permit, the District shall incorporate any required changes

and issue or deny the Acid Rain permit or, in the alternative,

allow USEPA to issue or deny the Acid Rain Permit pursuant to the

provisions found in District Rule 1209(B).

(b)No Acid Rain permit (including a draft or proposed

permit) shall be issued unless USEPA has received a certificate

of representation for the designated representative of the

facility containing an affected unit in accordance with 40 CFR

72.20 through 72.25 inclusive.

(c)The District shall issue, pursuant to the provisions

of this rule, Acid Rain permits to all facilities containing an

affected unit and subject to Phase II of the Acid Rain Program on

or before December 31, 1997 so long as:

(i)The Federal Operating Permit Program for the

District has been approved, including partial or interim

approval, by USEPA.

(ii)The designated representative for the facility

submitted a timely and complete Acid Rain permit application.

(d)Each Acid Rain permit issued on or before December

31, 1997 shall:

(i)Have a term of five (5) years commencing on its

effective date.

(ii)Have an effective date which is the later of

January 1, 2000 or where the affected unit is subject to the

provisions of 40 CFR 72.6(a)(3) the deadline for monitor

certification under 40 CFR 75.

(iii)Be reopened, not later than January 1, 1999,

to add the Acid Rain Program requirements for nitrogen oxides

provided that the designated representative of the facility

containing an affected unit has submitted a timely and complete

Acid Rain permit application for nitrogen oxides pursuant to the

provisions of 40 CFR 72.21.

a.Such reopening shall not alter the term of

the Acid Rain permit.

(4)Effect of Acid Rain permit:

(a)An Acid Rain permit issued pursuant to this rule

shall be effective for a period of five (5) years after the date

of issuance.

(b)An Acid Rain permit issued pursuant to this rule

shall be binding on any new owner or operator or upon any new

designated representative of any facility containing an affected

unit governed by the permit.

(c)Invalidation of the Acid Rain portion of a Federal

Operating Permit shall not affect the continuing validity of the

remainder of the Federal Operating permit, nor shall invalidation

of any other Portion of the Federal Operating Permit affect the

continuing validity of the Acid Rain portion of the Federal

Operating Permit.

(5)Appeals of Acid Rain Permit Provisions:

(a)Appeals of the Acid Rain permit provisions shall be

conducted pursuant to the provisions of District Rule 1209 unless

such appeal is to challenge the actions or decisions of USEPA in

which case such appeal shall be conducted pursuant to the

provisions found in 40 CFR 78.

(b)Appeals conducted pursuant to the provisions of

District Rule 1209(A) shall be heard and decided by the District

Hearing Board within 90 days of the filing of the appeal.

(c)The District shall serve written notice upon USEPA

of any appeal filed pursuant to the provision of District Rule

1209 and of any judicial review of a decision of the District

Hearing Board relating to such appeal within 30 days of the

filing of the appeal to the District Hearing Board or of the

service of the action for judicial review upon the District.

(d)The District will not oppose the intervention of

USEPA in any appeal of an Acid Rain permit pursuant to Rule 1209

or the judicial review of the decision of the District Hearing

Board.

(e)The District shall serve written notice upon USEPA

of any determination or order in an administrative or judicial

proceeding that interprets, modifies, voids, or otherwise relates

to any portion of an Acid Rain permit issued pursuant to this

rule.

(i)Upon notification of such determination or

order, USEPA shall have the opportunity to review the

determination or order and to veto or revoke the Acid Rain permit

pursuant to the provisions of District Rule 1209(B).



(F)Permit Revision Requirements

(1)General

(a)This subsection governs revisions to the Acid Rain

permit and shall superceed the provisions specified in District

Rule 1205 with regards to any revisions of the Acid Rain portion

of the Federal Operating Permit.

(b)Proposed revisions to Acid Rain permits may be

submitted for approval at any time.

(c)No Acid Rain permit revision or reopening shall

affect the term of the Acid Rain permit.

(d)No Acid Rain permit revision shall excuse any

violation of an Acid Rain Program requirement which occurred

prior to the effective date of the revision.

(e)The terms of the Acid Rain permit shall apply while

the Acid Rain permit revision is pending.

(f)Any determination or interpretation by the District

or the State, including the District Hearing Board or a state

court, modifying or voiding any Acid Rain permit provision shall

be subject to review by USEPA pursuant to the provisions found in

40 CFR 70.8(c) unless the determination or interpretation is an

administrative amendment approved in accordance with subsection

(F)(4) below.

(g)The standard requirements as set forth in section

(C) herein or in 40 CFR 70.9 shall not be modified or voided by

an Acid Rain permit revision.

(h)Any Acid Rain permit revision involving the

incorporation of a compliance option that was not submitted for

approval or consent during the Acid Rain permit issuance process

shall meet the requirements for applying for such option as set

forth in 40 CFR 72.40 and 40 CFR 70.44.

(i)If an Acid Rain permit revision is not designate as

suitable for permit modification or fast-track modification then

the District may, in its discretion, determine which type of

revision is appropriate.

(2)Acid Rain Permit Modifications:

(a)Revisions to an Acid Rain permit which are described

in 40 CFR 72.81(a) (incorporated herein by reference), shall

follow the Acid Rain permit modification procedure as set forth

herein.

(b)Revisions to an Acid Rain permit which are described

in 40 CFR 72.80(b) (incorporated herein by reference), may at the

option of the designated representative submitting the Acid Rain

permit revision follow either the Acid Rain permit modification

procedure as set forth herein or the Acid Rain permit fast-track

modification procedure as set forth in subsection (F)(3) below.

(c)Acid Rain permit modification procedures shall

follow the procedure for Acid Rain permit issuance as set forth

in subsection (E)(3) herein.

(3)Acid Rain Permit Fast-Track Modifications:

(a)Acid Rain permit revisions which are determined to

be subject to the Acid Rain permit fast-track modification

procedures shall follow the procedures set forth herein.

(i)The designated representative shall serve a

copy of the fast-track modification on USEPA, the District, and

any person who is entitled to written notice pursuant to 40 CFR

72.65(b)(1)(ii), 72.65(b)(1)(iii) and 40 CFR 72.65(b)(1)(iv).

Such service to the District shall occur on or before the

commencement of the public comment period required by subsection

(iii) below.

(ii)Within five (5) working days of serving such

copies, the designated representative shall give public notice of

the fast-track modification by publication in a daily newspaper

of general circulation in the area where the facility is located.

(iii)The notice shall provide:

a.A thirty (30) day period, commencing upon

the date of publication of the notice, for the public to comment

to the District regarding the fast-track modification.

b.That such comments must be submitted, in

writing, to the District and to the designated representative to

be considered in the issuance process.

(iv)Within thirty (30) days after the close of the

public comment period, the District shall consider the fast-track

modification and the comments received and approve, in whole or

in part or with changes or conditions as appropriate, or

disapprove the fast-track modification.

(v)Any approved fast-track modification shall be

effective immediately upon issuance after submission to USEPA for

review.

(4)Acid Rain Permit Administrative Amendments:

(a)Revisions to an Acid Rain permit which are described

in 40 CFR 72.83(a), which is incorporated herein by reference,

shall follow the Acid Rain permit administrative amendment

procedure as set forth herein.

(b)Acid Rain permit administrative amendments shall use

the administrative amendment procedure as set forth in District

Rule 1205(A).

(5)Acid Rain Permit Automatic Amendments:

(a)Revisions to an Acid Rain permit which are described

in 40 CFR 72.84, (incorporated herein by reference), shall be

deemed to become a part of the Acid Rain permit by operation of

law without any further review.

(6)Acid Rain Permit Reopenings:

(a)Acid Rain permits shall be reopened for any of the

reasons set forth in District Rule 1206(A) and to add nitrogen

oxides requirements as set forth in subsection (E)(3)(d)(iii)

above.

(b)The reissuance of an Acid Rain permit which has been

reopened shall follow the procedure for Acid Rain permit issuance

as set forth in subsection (E)(3).

(G)Compliance Certification

(1)The designated representative of a facility containing an

affected unit(s) which are governed by an approved repowering

plan shall comply with the provisions set forth 40 CFR 72.94

(incorporated herein by reference).



(H)Violations

(1)A violation of any Acid Rain permit condition imposed

pursuant to this rule shall be a violation of this rule.

(2)Any provision of the Acid Rain Program, of this rule or

of permit conditions imposed pursuant to this rule which:

(a)Applies to a facility containing an affected unit,

or the designated representative of such a facility, shall also

apply to the owners and operators of such a facility and of the

affected unit.

(b)Applies to an affected unit, or the designated

representative of such affected unit shall also apply to the

owners and operators of such a unit.

(3)No owner, operator and/or designated representative of an

affected unit shall be liable for a violation by any other

affected unit of which they are not the owner, operator or

designated representative and which is located at a facility of

which they are not the owner, operator, or designated

representative, except as provided for pursuant to 40 CFR 72.44;

Section 407 of the Federal Clean Air Act (42 U.S.C. §7651f); and

requirements for units with a common stack under 40 CFR 75,

including 40 CFR 75.16, 75.17, and 75.18.

(4)Any person who knowingly violates any requirement or

prohibition of the Acid Rain Program, a complete Acid Rain permit

application, an Acid Rain permit, or a written exemption under 40

CFR 72.7 or 72.8, including any requirement for the payment of

any penalty owed to the United States, shall be subject to an

enforcement proceeding pursuant to Federal Clean Air Act §113 (42

U.S.C. §7413) and/or any applicable provision of state law.

(5)Any person who knowingly makes a false, material

statement in any record, submission or report under the Acid Rain

program shall be subject to criminal enforcement pursuant to

Federal Clean Air Act §113 (42 U.S.C. §7413); to 18 U.S.C. §1001

and to criminal or civil enforcement pursuant to any applicable

provision of state law.

(6)Each violation of a provision of this rule; 40 CFR 72,

73, 75, 77 and 78; or of Federal Clean Air Act §§407 and 410 by

an affected unit, the owner or operator or designated

represenative of such unit, or a facility containing an affected

unit shall be considered as a separate violation of the Federal

Clean Air Act or of this rule.



MDAQMD 1210

Acid Rain Provisions of Federal Operating Permits