NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT

REGULATION 5 -- Procedures for Issuing Permits to Operate for Sources Subject to Title V of the Federal Clean Air Act Amendments of 1990 [Reference: 40 CFR Parts 70.1,70.4,70.6(a)(6),70.7(a)(6) and 70.7(b)]

(Adopted December 10, 1993) (Amended November 21, 1994, May 18, 2001)




Chapter IV -- ADMINISTRATIVE PROCEDURES FOR SOURCES

Rule 400 PERMIT REQUIREMENT AND APPLICATION SHIELD

(a) Permit Requirement

No person shall operate an emissions unit at a stationary source subject to the requirements of Regulation 5 except in compliance with permits to operate issued pursuant to Regulation 5 or under the protection of the application shield of subsection (b). Except as provided in subsection (b) and in Rule 405(c), operation of an emissions unit at a source subject to Regulation 5 without a permit issued pursuant to Regulation 5 constitutes a violation of Regulation 5. Operation of an emissions unit at a permitted source out of compliance with the terms of the permit also constitutes a violation of Regulation 5.

Regulation 5 does not alter any applicable requirement that a source obtain preconstruction permits.

[Reference 40 CFR 70.7(a)(6) and (b)]


(b) Application Shield

If a responsible official submits, pursuant to Regulation 5, a timely and complete application for a permit, a source shall not be deemed in violation of the requirement to have a permit to operate until the Air Pollution Control Officer takes final action on the application.

[Reference: 40 CFR 70.7(b) and (e)(2)(v)]

This application shield does not apply to sources applying for permit modifications. For permit modifications, a source shall operate in accordance with the applicable federal requirements, the permit to operate issued pursuant to Regulation 5 and any temporary permit to operate issued pursuant to section 42301.1 of the Health and Safety Code.

[Reference: 40 CFR 70.7(a)(6)(iii), 70.7(b) and (e)(2)(v)]


(c) Compliance With Other Permit Requirements

If a responsible official submits a timely and complete application for an initial permit, the source shall operate in accordance with the requirements of any valid permit to operate issued pursuant to section 42301 of the Health and Safety Code until the Air Pollution Control Officer takes final action on the application. If a responsible official submits a timely and complete application for renewal of a permit to operate, the source shall operate in accordance with the permit to operate issued pursuant to Regulation 5, notwithstanding expiration of this permit, until the Air Pollution Control Officer takes final action on the application.



(d) Termination of Application Shield

The application shield of subsection (b) shall cease to insulate a source from enforcement action if a responsible official of the source fails to submit any additional information requested by the Air Pollution Control Officer pursuant to Rule 420 in a timely manner as specified by the Air Pollution Control Officer.

[Reference: 40 CFR 70.7(b)]