MOJAQMD RULE 1313 PERMITS TO OPERATE

LAST REVISED 10/27/93

(Adopted: July 21, 1980) (Amended: 10/27/93)

RULE 1313

PERMITS TO OPERATE

(A) Analysis

The APCO shall evaluate the effects on air quality of a

facility or permit unit subject to this regulation as

determined in Rule 1306(C) and shall deny the permit to

operate unless:

(1) the owner or operator of the facility or permit unit

has submitted a completed application for an authority

to construct. Such application is deemed complete

upon receipt by the applicant of the notice from the

APCO pursuant to Rule 1310; and

(2) it is determined that the new facility or modification

has been constructed and operated in a manner

consistent with the conditions in the ATC and any

facility or permit unit which provided offsets has

been taken out of service; and

(3) it is determined that any offsets required as a

condition of the authority to construct will commence

at the time of or prior to initial operations of the

new facility or modification; and

(4) it is determined that, for a new facility or

modification which will be a replacement, in whole or

part, for an existing facility or permit unit on the

same or contiguous property, a maximum of 180 days may

be allowed as a start-up period for simultaneous

operation of the subject sources; and

(5) it is determined that all conditions specified in the

authority to construct have been or will be complied

with by the dates specified in such permits.

(B) Permit Conditions

The APCO shall require as a condition for the issuance of

any authority to construct or permit to operate for a new or

modified facility, that the facility and any offset-

providing facility be operated in accordance with any

conditions imposed on their respective authority to

construct or permit to operate.

(C) No Authority to Construct Issued

For new or modified permit units or facilities which are

constructed without the required authority to construct, the

application for permit to operate shall, for the purposes of

this regulation, be considered an application for an

authority to construct. The APCO shall deny the permit to

operate unless the new facility or modification complies

with all rules contained in this Regulation.