NORTH COAST UNIFIED AIR QUALITY MANAGEMENT DISTRICT



Chapter IV. ADMINISTRATIVE PROCEDURES FOR SOURCES

Rule 415 APPLICATION CONTENT

[Reference: 40 CFR 70.5]

When submitting an application for a permit pursuant to Regulation 5, the responsible official shall include the following information:

  1. Information identifying the source; [Reference: 40 CFR 70.5(c)(1)]

  2. Description of processes and products (by Standard Industrial Classification Code) including any associated with proposed alternative operating scenarios; [Reference: 40 CFR 70.5(c)(2)]

  3. A schematic diagram and plot plan of the stationary source, identifying each emissions unit and keyed to the listing of subsection (d).

  4. A listing and enumeration of all existing emissions units at the stationary source, keyed to the diagram and plot plan of subsection (c), and identification and description of all points of emissions from the emissions units in sufficient detail to establish the applicable federal requirements and the basis for fees pursuant to Regulation 1, Rules 300 and 310. [Reference: 40 CFR 70.5(c)(3)(i)]

  5. Citation and description of all applicable federal requirements, information and calculations used to determine the applicability of such requirements and other information that may be necessary to implement and enforce such requirements; [Reference: 40 CFR 70.5(c)(3)(vii) and (4)(i and ii)]

  6. Calculation of all emissions, including fugitive emissions, in tons per year and in such terms as are necessary to establish compliance with the all applicable District, state, or federal requirements for the following:

    1. All regulated air pollutants emitted from the source,

    2. Any hazardous air pollutant that the source has the potential to emit in quantities equal to or in excess of 10 tons per year, and

    3. If the source has the potential to emit two or more hazardous air pollutants in quantities equal to or in excess of 25 tons per year, all hazardous air pollutants emitted by the source; [Reference: 40 CFR 70.5(c)(3)(i and viii)]

  7. As these affect emissions from the source, the identification of fuels, fuel use, raw materials, production rates, operating schedules, limitations on source operation or workplace practices; [Reference: 40 CFR 70.5(c)(3)(iv and vi)]

  8. An identification and description of air pollution control equipment and compliance monitoring devices or activities; [Reference: 40 CFR 70.5(c)(3)(v)]

  9. Other information required by an applicable federal requirement(or a District-only rule in accordance with Rule 590(a); [Reference: 40 CFR 70.5(c)(3)(vii) and (5)]

  10. The information needed to define permit terms or conditions implementing a source's options for operational flexibility, including alternative operating scenarios, pursuant to subsection Rule 580; [Reference: 40 CFR 70.5(c)(7)]

  11. A compliance plan and compliance schedule with the following:

    1. A description of the compliance status of each emissions unit within the stationary source with respect to applicable federal requirements, except as provided below:

      1. For all applicable federal requirements which are to be satisfied by compliance with the requirements of a permit streamlining proposal made in accordance with Rule 415(t), the responsible official may certify compliance with only the requirements of the permit streamlining proposal if data on which to base such a certification is submitted or referenced with the application. The application shall include an attachment that demonstrates that compliance with the requirements of the permit streamlining proposal ensures compliance with the identified applicable federal requirements that are being subsumed.

      2. In order to certify compliance with a corresponding requirement in the State Implementation Plan, the responsible official may certify compliance with a District-only rule, if data on which to base such a certification is submitted or referenced with the application, and if the use of the District-only rule is proposed and approved in accordance with Rule 415(u).

    2. A statement that the source will continue to comply with such other applicable federal requirements that the source is already in compliance with;

    3. A statement that the source will comply, on a timely basis, with applicable federal requirements that will become effective during the permit term; and

    4. A description of how the source will achieve compliance with requirements for which the source is not in compliance, however, if the source complies with a District-only rule addressed in a proposal submitted in accordance with Rule 415(u), no description is needed to address the corresponding State Implementation Plan requirement unless otherwise required by the District; [Reference: 40 CFR 70.5(c)(8)]

  12. A schedule of compliance, approved by the District hearing board if required by state law, that identifies remedial measures with specific increments of progress, a final compliance date, testing and monitoring methods, recordkeeping requirements, and a schedule for submission of certified progress reports to the U.S EPA and the Air Pollution Control Officer at least every 6 months for a source that is:

    1. Not in compliance at the time of permit issuance or renewal with a streamlined emission limit proposed in accordance with Rule 415(t), or

    2. A District-only rule proposed in accordance with Rule 415(u), or

    3. An applicable federal requirement not to be subsumed by a proposal submitted in accordance with Rule 415(t) or Rule 415(u); [Reference: 40 CFR 70.5(c)(8)(iii)(C)]

  13. A certification by a responsible official of the truth, accuracy and completeness of application forms, progress reports at least every 6 months, statements on compliance status with any applicable enhanced monitoring, and compliance plans at least annually; [Reference: 40 CFR 70.5(c)(9) and (d)]

  14. For a source with an acid rain unit, an application shall include the elements required by 40 CFR Part 72; [Reference: 40 CFR 70.5(c)(10)]

  15. For a source of hazardous air pollutants required to submit a risk management plan pursuant to section 112(r) of the Clean Air Act, the application shall include verification that such a plan has been submitted to the authorized implementing agency, or a compliance schedule for the submittal of the plan; and

  16. For proposed portable sources, the application shall identify all locations of potential operation and how the source will comply with all applicable District, state, and federal requirements at each location.[Reference: 40 CFR 70.6(e)]

  17. Identification of fees specified in Regulation 1, Rules 300 and 310; [Reference: 40 CFR 70.6(a)(7)]

  18. In lieu of providing the information specified in Rule 415(e), a responsible official may, upon written concurrence from the Air Pollution Control Officer, stipulate that the source is a major source and/or that identified applicable federal requirements apply to the source. A stipulation does not preclude the Air Pollution Control Officer from requiring the submittal of subsequent additional information in accordance with this regulation.

    [Reference: "White Paper Number 2 for Improved Implementation of The Part 70 Operating Permits Program," U.S. EPA Office of Air Quality Planning and Standards, dated March 5, 1996.]


  19. A responsible official may, upon written concurrence from the Air Pollution Control Officer, reference documents that contain the information required in Rule 415(a) through (j) and (o), provided the documents are specifically and clearly identified, and are readily available to the District and to the public. Each reference shall include, at a minimum, the title or document number, author and recipient if applicable, date, identification of relevant sections of the document, and identification of specific application content requirements and source activities or equipment for which the referencing applies. A reference does not preclude the Air Pollution Control Officer from requiring the submittal of information to supplement or verify the referencing or the submittal of other additional information in accordance with this rule.

    [Reference: "White Paper Number 2 for Improved Implementation of The Part 70 Operating Permits Program," U.S. EPA Office of Air Quality Planning and Standards, dated March 5, 1996.]

  20. The application may contain a proposal for permit streamlining of two or more sets of applicable federal requirements and/or District-only requirements, to be reviewed by the District in accordance with Rule 585. The application shall clearly note any proposal for permit streamlining. The permit streamlining proposal shall included the most stringent of multiple applicable emission limitations for each regulated air pollutant in order to ensure compliance with all applicable requirements for each emission unit or group of emission units. For purposes of this paragraph, an alternative or hybrid emission limit that is at least as stringent as any applicable emission limitation or a District-only requirement which meets the criteria set forth in Rule 590, may be submitted, provided the limits ensure compliance with all applicable requirements for each emission unit or group of emission units. All applicable federal requirements and permit conditions pertaining to or resulting form Title IV(acid rain) of the CAA and its implementing regulations shall remain unaltered. The application shall contain the following information for each streamlining proposal and associated emissions unit:

    1. A side-by-side comparison of all District-only and applicable federal requirements that are currently applicable and effective. Requirements for emissions and/or work practice standards shall be distinguished from provisions for monitoring and compliance demonstration.

    2. A determination of the most stringent emissions and/or performance standard(or any hybrid or alternative limits as appropriate) and the documentation relied upon to make this determination.

    3. A proposal for one set of permit terms and conditions to include the most stringent emissions limitations and/or standards (including pertinent workpractice standards), appropriate monitoring and its associated recordkeeping and reporting requirements, and such other conditions as are necessary to ensure compliance with all applicable federal requirements affected by the proposal. The most stringent emission limits shall be determined in accordance with the criteria in section II.A.2(a) of "White Paper Number 2 for Improved Implementation of The Part 70 Operating Permits Program," U.S. EPA Office of Air Quality Planning and Standards, dated March 5, 1996. Streamlining of workpractice standards shall be consistent with the guidance in section II.A.2(b) of "White Paper Number 2 for Improved Implementation of The Part 70 Operating Permits Program," U.S. EPA Office of Air Quality Planning and Standards, dated March 5, 1996. Streamlining of monitoring, recordkeeping, and reporting requirements shall be consistent with the guidance in section II.A.2(e) of "White Paper Number 2 for Improved Implementation of The Part 70 Operating Permits Program," U.S. EPA Office of Air Quality Planning and Standards, dated March 5, 1996.

    4. If there is pertinent source compliance data, a certification that the source complies with the streamlined emission limits ensures compliance, in accordance with Rule 415(k), with all applicable federal requirements affected by the proposal.

    5. A compliance schedule to implement any new monitoring/compliance approach relevant to the streamlined limit if the emissions unit is unable to comply with the streamlined limit at the time of permit issuance. The recordkeeping, monitoring, and reporting requirements of the applicable federal requirements being subsumed shall continue to apply (as would the requirement for the emission unit to operate in compliance with each of its emission limits) until the new streamlined compliance approach becomes operative.

    6. A proposal for a permit shield in accordance with Rule 415(v), for the applicable federal requirements and the District-only requirements associated with the streamlining proposal.

    7. If the proposal includes the use of any District-only requirement(s) as a requirement of permit streamlining, an authorization for the Air Pollution Control Officer to identify such District-only requirement(s), and any streamlined monitoring, recordkeeping, or reporting requirement derived from it, in the permit as a federally-enforceable condition in accordance with H&SC Section 42301.12(a)(3).

    8. Other pertinent information as specified by the Air Pollution Control Officer, including supplementary information pertaining to paragraphs (1) through (6) of this subsection.

      [Reference: "White Paper Number 2 for Improved Implementation of The Part 70 Operating Permits Program," U.S. EPA Office of Air Quality Planning and Standards, dated March 5, 1996.]

  21. If the application contains a proposal to address a District-only rule that has been submitted to the U.S. EPA for State Implementation Plan approval, in lieu of a corresponding requirement in the State Implementation Plan, the application shall included the following additional information:

    1. An indication that this approach is being proposed, a list or cross-reference of all requirements from pertinent District-only rules that are eligible for this approach, and reference to the list maintained for this purpose by the District.

    2. Identification of the State Implementation Plan requirements that the District-only rule(s) would replace.

    3. A compliance certification for the requirements of the pertinent District-only rule(s) in lieu of the requirement in the State Implementation Plan in accordance with Rule 415(k).

    4. A proposal for a permit shield in accordance with Rule 415(v), for the affected applicable federal requirements in the State Implementation Plan.

    5. An authorization for the Air Pollution Control Officer to identify in the permit, in accordance with [H&SC section 42301.12(a)(3)], any such District-only emission limit and any associated District-only monitoring, recordkeeping, or reporting requirement as a federally enforceable condition.

    6. Other information as specified by the Air Pollution Control Officer in accordance with this rule.

      [Reference: 40 CFR Part 70.6(a)(1) and "White Paper Number 2 for Improved Implementation of The Part 70 Operating Permits Program," U.S. EPA Office of Air Quality Planning and Standards, dated March 5, 1996.]

  22. The application may contain a proposal for a permit shield to be reviewed by the District in accordance with Rule 595 and to be included in the permit. The proposal shall indicate the applicable federal requirements and the District-only requirements for which the permit shield is sought. The proposal shall also specify the emissions unit(s) for which the permit shield is sought or whether the permit shield is sought for the entire stationary source.

    [Reference: 40 CFR Part 70.6(f) and "White Paper Number 2 for Improved Implementation of The Part 70 Operating Permits Program," U.S. EPA Office of Air Quality Planning and Standards, dated March 5, 1996.]