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 VI -- PERMIT CONTENT

[Reference: 40 CFR 70.6]


Rule 600 APPLICABLE FEDERAL REQUIREMENTS

A permit to operate issued pursuant to Regulation 5 shall contain permit conditions that will assure compliance with all applicable federal requirements. A permit to operate shall incorporate all applicable federal requirements as permit conditions. The following procedure shall be used to incorporate an applicable federal requirement as a permit condition:

(a) A permit condition that addresses an applicable federal requirement shall be specifically identified in the permit, or otherwise distinguished from any requirement that is not enforceable by the U.S. EPA;

(b) Where an applicable federal requirement and a similar requirement that is not federally enforceable apply to the same emissions unit, both shall be incorporated as permit conditions, provided that they are not mutually exclusive; and

(c) Where an applicable federal requirement and a similar requirement that is not federally enforceable apply to the same emissions unit and are mutually exclusive (e.g., require different air pollution control technology), the requirement specified in the preconstruction permit (or, in the case of sources without preconstruction permits, the more stringent requirement) shall be incorporated as a permit condition and the other requirement shall be referenced.

[Reference: 40 CFR 70.3(c)(1) and 70.6(a)(1) and(b)]