SACAQMD RULE 207 TITLE V - FEDERAL OPERATING PERMIT PROGRAM
LAST REVISED 06/07/94



RULE 207

TITLE V - FEDERAL OPERATING PERMIT PROGRAM

Adopted 6-7-94

Effective Date: This rule becomes effective on the date it is approved by the U.S. Environmental Protection Agency.

(Amended 9-5-96)


INDEX

100 GENERAL

200 DEFINITIONS

300 STANDARDS

400 ADMINISTRATIVE REQUIREMENTS

500 REPORTING AND RECORDKEEPING


100 GENERAL

101 PURPOSE: To establish an operating permitting system consistent with the requirements of 42 U.S.C. Section 7661 et seq. (Title V) and pursuant to 40 CFR Part 70. Stationary sources subject to the requirements of this Rule are also required to comply with any other applicable federal, state, or District orders, rules and regulations, including requirements pertaining to prevention of significant deterioration pursuant to Rule 203, PREVENTION OF SIGNIFICANT DETERIORATION, requirements to obtain an authority to construct pursuant to Rule 201, GENERAL PERMIT REQUIREMENTS, or applicable requirements under Rule 202, NEW SOURCE REVIEW.

102 APPLICABILITY: This rule shall apply to the following sources:

110 EXEMPTION - RESIDENTIAL WOOD HEATERS: This rule shall not apply to residential wood heaters.

111 EXEMPTION - ASBESTOS DEMOLITION AND RENOVATION: This rule shall not apply to any demolition or renovation operation at an asbestos-containing source if the source is required to obtain a permit solely because it is subject to the demolition and renovation requirements in Section 304 of Rule 902, ASBESTOS.

112 EXEMPTION - NOTIFICATION REQUIREMENTS: The requirements of Sections 401 through 408 shall not apply to the following:

200 DEFINITIONS

201 ACTUAL EMISSIONS: Measured or estimated emissions which most accurately represent the emissions from an emissions unit.

202 ADMINISTRATIVE TITLE V PERMIT AMENDMENT: A permit revision that is not a modification as defined by Rule 202, NEW SOURCE REVIEW and is limited to the following:

203 AIR POLLUTION CONTROL OFFICER: The air pollution control officer of the Sacramento Metropolitan Air Quality Management District (SMAQMD), or his or her designee.

204 ALTERNATIVE OPERATING SCENARIOS Any alternative operating conditions of the permitted emissions units at the stationary source which are:

205 AMBIENT AIR QUALITY STANDARDS: National Ambient Air Quality Standards.

206 APPLICABLE FEDERAL REQUIREMENT: All of the following as they apply to emissions units at a stationary source (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance of the Title V permit but have future effective compliance dates):

207 CODE OF FEDERAL REGULATIONS (CFR): The United States Code of Federal Regulations

208 COMPLETE TITLE V PERMIT APPLICATION: An application that meets all applicable requirements specified in the District's "LIST AND CRITERIA" for permit applications.

209 CONTIGUOUS PROPERTY: Two or more parcels of land with a common boundary or separated solely by a public roadway or other public right-of-way.

210 DISTRICT: The Sacramento Metropolitan Air Quality Management District.

211 DRAFT TITLE V PERMIT: The version of a Title V permit for which the Air Pollution Control Officer offers public participation pursuant to Section 403.

212 EMERGENCY: A situation arising from sudden and reasonable unforeseeable events beyond the control of the stationary source, including acts of God, which situation requires normal operation, and that causes the stationary source to exceed a technology-based emission limitation under the Title V permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.

213 EMISSION CAP: A federally enforceable emission limit affecting one or more emission units at a stationary source.

214 EMISSIONS UNIT: An identifiable operation or piece of process equipment such as an article, machine, or other contrivance which controls, emits, may emit, or results in the emissions of any regulated air pollutant or HAP. For purpose of this rule, each source of fugitive emissions shall be treated as an emissions unit and shall be subject to all exemptions and requirements applicable to emissions units.

215 FEDERALLY ENFORCEABLE: All limitations and conditions which are enforceable by EPA, including:

216 FINAL TITLE V PERMIT: The version of the Title V permit that is issued by the Air Pollution Control Officer that has completed all applicable review procedures required by Section 400.

217 FUGITIVE EMISSIONS: Emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

218 HAZARDOUS AIR POLLUTANT (HAP): Any air pollutant listed pursuant to Section 112(b) (42 U.S.C. Section 7412(b) of the Federal Clean Air Act.

219 MAJOR STATIONARY SOURCE - TITLE V: For the purpose of this rule, a major stationary source is defined as follows:

220 MINOR TITLE V PERMIT MODIFICATION: A modification to a federally enforceable condition in a Title V permit to operate which:

221 NESHAP: National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 61).

222 NON-FEDERALLY ENFORCEABLE CONDITION: A condition not subject to enforcement actions by EPA.

223 OWNER OR OPERATOR: Any person who owns, leases, operates, controls, or supervises a stationary source.

224 PERMIT MODIFICATION: Any revision to a Title V permit that cannot be accomplished under provisions for administrative Title V permit amendments pursuant to Section 409. A Title V permit modification for the purpose of the acid rain portion of the Title V permit shall be governed by 40 CFR Part 72 regulations promulgated under Title IV of the Federal Clean Air Act.

225 PHASE II ACID RAIN FACILITY: A facility that includes any affected unit listed in 40 CFR Part 72.6 that is subject to the Acid Rain Program.

226 POTENTIAL TO EMIT: The maximum physical and operational design capacity to emit a pollutant during each calendar year. Limitations on the physical or operational design capacity, including emissions control devices and limitations on hours of operation, may be considered only if such limitations are federally enforceable.

227 PRECONSTRUCTION PERMIT: A permit authorizing construction of an emissions unit and includes the following:

228 PROPOSED TITLE V PERMIT: The version of the Title V permit that the Air Pollution Control Officer proposes to issue and forwards to the EPA for review pursuant to Section 404.

229 REGULATED AIR POLLUTANT: Any of the following air pollutants:

230 RESPONSIBLE OFFICIAL: For the purpose of this rule, a responsible official shall mean one of the following:

231 SCHEDULE OF COMPLIANCE: A schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with an applicable implementation plan, emission standard, emission limitation, or emission prohibition.

232 SEVERABILITY CLAUSE: A statement in the Title V permit that, in the case of a challenge to any part of the Title V permit, the remaining parts of the Title V permit will remain valid.

233 SIGNIFICANT TITLE V PERMIT MODIFICATION: A modification to a federally enforceable condition in the Title V permit which:

234 STATIONARY SOURCE: Any building, structure, facility, or emissions unit which emits or may emit any regulated air pollutant or HAP.

235 SUBJECT SOLID WASTE INCINERATOR FACILITY: Any source that burns solid waste material (except sources required to have a permit under Section 3005 of the Solid Waste Disposal Act) from commercial, industrial or general public sources for which a NSPS has been promulgated.

236 TITLE V PERMIT: A permit issued, renewed, amended, or revised pursuant to Rule 207, TITLE V - FEDERAL OPERATING PERMIT PROGRAM.

237 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA): The Administrator or appropriate delegee of the United States Environmental Protection Agency.

238 VOLATILE ORGANIC COMPOUND (VOC): For the purposes of this rule, "volatile organic compound" has the same meaning as in Rule 101—GENERAL PROVISIONS AND DEFINITIONS.

239 VOLUNTARY EMISSIONS CAP: An optional federally enforceable emissions limit on one or more emissions unit(s) which a source assumes in order to avoid an applicable federal requirement. The source remains subject to all other applicable federal requirements.

300 STANDARDS

301 TIMING FOR SUBMITTAL OF A COMPLETE TITLE V PERMIT APPLICATION:

302 CORRECTING AND UPDATING OF A TITLE V PERMIT APPLICATION:

303 TITLE V APPLICATION SHIELD:

304 CERTIFICATION REQUIREMENTS: Any Title V application form, report, or compliance certification submitted pursuant to these regulations shall contain certification by a responsible official. The certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

305 TITLE V PERMIT CONTENT: A Title V permit shall contain all of the following information and provisions:

306 TITLE V PERMIT TERM: A Title V permit shall have a 5-year fixed term from the date of issuance. The Title V permit shall have a new 5-year fixed term from the date of final action on reopening if the responsible official chooses to submit to the District a complete Title V application for renewal upon reopening of the Title V permit pursuant to Sections 411 or 412 and the Title V permit is renewed according to the administrative procedures listed in Sections 401 through 408.

307 TITLE V PERMIT SHIELD:

308 OPERATIONAL FLEXIBILITY: The Air Pollution Control Officer shall allow changes in operation at the stationary source without requiring a Title V permit modification. Changes without a Title V permit modification are not allowed for minor Title V permit modifications or significant Title V permit modifications. This Section shall apply to:

400 ADMINISTRATIVE REQUIREMENTS

The requirements of Sections 401 through 408 shall apply to initial Title V permits, Title V permit renewals, and minor and significant Title V permit modifications. No Title V permit, Title V permit modification, or renewal shall be issued until the requirements of Sections 305, 401, 403 (except for changes qualifying for minor Title V permit modification procedures), 404, and 405 are met. Modifications to the acid rain section of the Title V permit shall be governed by the 40 CFR Part 72 acid rain regulations or the EPA approved equivalent District regulations.

401 COMPLETE APPLICATION: The Air Pollution Control Officer shall determine whether the application is complete no later than 60 days after receipt of the application. If the Air Pollution Control Officer determines that the application is not complete, the applicant shall be notified in writing of the decision specifying the information required. Upon receipt of any re-submittal of the application, a new 60-day period to determine completeness shall begin. Completeness of an application or re-submitted application shall be evaluated pursuant to the requirements specified in the District's "LIST AND CRITERIA" which identifies information required of an applicant seeking a permit (authority) to construct or a permit to operate from the District. The Air Pollution Control Officer shall notify the applicant in writing of the decision on the application's completeness. If the Air Pollution Control Officer does not notify the applicant in writing within 60 days of application submittal that the application is incomplete, then the application shall be deemed complete.

402 PRELIMINARY DECISION: Following acceptance of an application as complete, the Air Pollution Control Officer shall perform the evaluation required to determine compliance with all applicable federal requirements and make a preliminary written decision as to whether a Title V permit should be approved or denied.

403 PUBLICATION AND PUBLIC COMMENT, PRELIMINARY DECISION

404 TRANSMITTING INFORMATION TO EPA

405 EPA OBJECTION

406 PUBLIC OBJECTION

407 FINAL ACTION ON TITLE V PERMITS

408 NOTIFICATION AND PUBLICATION OF FINAL ACTION: The Air Pollution Control Officer shall provide written notice of the final action to the permittee and the EPA and shall publish such notice in a newspaper of general circulation in the District and shall make the notice and all supporting documents available for public inspection at the Air Pollution Control District's office.

409 ADMINISTRATIVE TITLE V PERMIT AMENDMENTS:

410 MINOR TITLE V PERMIT MODIFICATIONS: The Air Pollution Control Officer shall take action on applications for minor Title V permit applications as follows:

411 REOPENING OF TITLE V PERMIT FOR CAUSE: The Air Pollution Control Officer shall reopen a Title V permit under the following circumstances:

The Air Pollution Control Officer shall notify the permittee at least 30 days prior to reopening the Title V permit. Proceedings to reopen and reissue the Title V permit for cause shall be consistent with the administrative procedures listed in Sections 401 through 408 of this rule and shall affect only those parts of the Title V permit for which cause to reopen exists.

412 REOPENING OF TITLE V PERMIT FOR CAUSE BY EPA: If the Air Pollution Control Officer receives a written request from EPA to terminate, modify, or revoke and reissue a Title V permit, then:

413 COMPLIANCE REQUIREMENTS: A stationary source shall comply with all of the following:

414 EMERGENCY PROVISIONS

500 REPORTING AND RECORDKEEPING

501 REPORTING REQUIREMENTS: The permittee must comply with the following:

502 RECORDKEEPING REQUIREMENTS: