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 V -- DISTRICT ADMINISTRATIVE PROCEDURES


Rule 580 OPERATIONAL FLEXIBILITY

The Air Pollution Control Officer shall allow specified changes in operations at a source without requiring a permit revision for conditions that address an applicable federal requirement. The Air Pollution Control Officer shall not allow changes which constitute a modification under Title I of the Clean Air Act or Regulation 1, Rules 130(m2), 200, or 220, or that result in an exceedance of the emissions allowable under the facility's permit, whether expressed therein as a rate of emissions or in terms of total emissions without revision to the permit. The source may gain operational flexibility through use of the following options:

[Reference: 40 CFR 70.4(b)(12) and (d)(3)(viii)]


(a) Alternative Operating Scenarios

The Air Pollution Control Officer shall allow the use of alternative operating scenarios provided that:

(1) Terms and conditions applicable to each operating scenario are identified by the responsible official in the permit application; and.

(2) The terms and conditions are approved by the Air Pollution Control Officer; and

(3) The terms and conditions are incorporated into the permit; and

(4) The terms and conditions are in compliance with all applicable District, state, and federal requirements.

A permit condition shall require a contemporaneous log to record each change made from one operating scenario to another.

[Reference: 40 CFR 70.6(a)(9)]


(b) Voluntary Emissions Caps

The Air Pollution Control Officer shall issue a permit that contains terms and conditions that allow for trading of emissions increases and decreases within the stationary source solely for the purpose of complying with a voluntary emissions cap established in the permit independent of otherwise applicable federal requirements provided that:

(1) The requirements of subsections (a)(1), (a)(3) and (a)(4), above, are met;

(2) The terms and conditions are approved by the Air Pollution Control Officer as quantifiable and enforceable; and

(3) The terms and conditions are consistent with the applicable preconstruction permit.

A permit condition shall require that a responsible official provide written notice to the U.S. EPA and Air Pollution Control Officer 30 days in advance of a change by clearly requesting operational flexibility under this Rule. The written notice shall describe the change, identify the emissions unit which will be affected, the date on which the change will occur and the duration of the change, any change in emissions of any air pollutant, whether regulated or not, and any new emissions of any air pollutant not emitted before the change, whether regulated or not.

[Reference:40 CFR 70.4(b)(12)(iii) & 70.6(a),(a)(10) & (c)]


(c) Contravening an Express Permit Condition

The Air Pollution Control Officer shall allow for changes in operation that contravene an express condition addressing an applicable federal requirement in a permit to operate provided that the following conditions are met:

(1) The change will not violate any applicable federal requirement;

(2) The change will not contravene federally-enforceable conditions, including monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements;

(3) The change is not a modification under Title I of the Clean Air Act or any provision of Regulation 1, Rule 220;

(4) The change does not result in exceeding the emissions allowable under the permit, whether expressed therein as a rate of emissions or in terms of total emissions;

(5) Written notice is given to the U.S. EPA and Air Pollution Control Officer 30 days in advance of a change, and the notice clearly indicates which term or condition will be contravened, requests operational flexibility under this subsection, describes the change, identifies the emissions units which will be affected, the date on which the change will occur, the duration of the change, any change in emissions of any air pollutant, whether regulated or not, and any new emissions of any air pollutant not emitted before the change, whether regulated or not; and

(6) The Air Pollution Control Officer has not provided a written denial to the responsible official within 30 days of receipt of the request for an operational change. Any written denial shall identify which of the requirements in Sections 1-5 above have not been satisfied.

[Reference: 40 CFR 70.4(b)(12)]