SBAPCD RULE 1301 PART 70 OPERATING PERMITS-GENERAL INFORMATION
LAST REVISED 04/17/97




RULE 1301. PART 70 OPERATING PERMITS -- GENERAL INFORMATION

(Adopted 11/09/1993, revised 8/15/1996 and 4/17/1997) )

A. Applicability

The provisions of this Rule and of Rules 1302 through 1305 shall apply to any source that qualifies as a "Part 70 source" as defined in Section C below.

B. Exemptions

The requirement to obtain a Part 70 operating permit under this Rule shall not apply to:

C. Definitions

For purposes of this Rule and of Rules 1302 through 1305, the definitions listed below shall apply:

"Acid Rain Source" means any stationary source that includes one or more emission units that are subject to emission reduction requirements or limitations pursuant to Title IV (Acid Rain) of the CAA Amendments of 1990.

"Administrative Permit Amendment" means a modification to a Part 70 permit that is being made solely for the purpose of accomplishing one or more of the following objectives:

"Air Pollutant (also Air Contaminant)," see "Regulated Air Pollutant."

"Affected States" means states that are contiguous to California whose air quality may be affected by emissions resulting from issuance, renewal or modification of a permit to a Part 70 source.

"Applicable Requirement" means any federal, state, or District requirement including any federally approved State Implementation Plan requirement for Santa Barbara County, and any "federally enforceable requirement."

"CFR" means the Code of Federal Regulations, an official compilation of federal Regulations generated by federal administrative agencies.

"Clean Air Act (Act or CAA)" means the federal Clean Air Act as amended, 42 U.S.C. 7401, et seq.

"Day or Days" means calendar day or days unless otherwise stated.

"District " means the Santa Barbara County Air Pollution Control District.

"Emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of a permittee, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the stationary source to exceed a technology-based emission limitation under the 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 preventive maintenance, careless or improper operation, or operator error.

"Emissions Allowable Under the Federally Enforceable Permit" means a federally enforceable permit term or condition determined by the District or the USEPA as required under a federally enforceable requirement. The term or condition establishes an emissions limit (including a work practice standard) or a federally enforceable emission cap that the source has assumed to avoid a federally enforceable requirement to which the source would otherwise be subject.

"Emissions Unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any substance listed pursuant to Section 112(b) of the CAA and its implementing regulations.

"Environmental Protection Agency (USEPA) or the Administrator" means the U.S. Environmental Protection Agency or its administrator or the administrator's designee.

"Federally Enforceable Requirement" means any requirement set forth in, or authorized by the CAA and its implementing regulations or USEPA regulations. Federally enforceable requirements include requirements that have been promulgated or approved by USEPA through rulemaking at the time of issuance of a Part 70 permit but have future effective dates. Federally enforceable requirements include:

Terms and conditions of Part 70 permits are federally enforceable, unless they have been specifically designated as non-federally enforceable.

"Final Operating Permit" means a permit with District and federally enforceable conditions, that has completed all review procedures required by Rule 1304, has not been disapproved by the USEPA and has been issued by the District.

"Fugitive Emissions" means those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. Fugitive emissions from a Part 70 source shall be included in the permit application and the Part 70 permit in the same manner as stack emissions.

"General Permit" means a federally enforceable operating permit that meets the requirements of 40 CFR 70.6(d).

"Generally Available Control Technology (GACT)" means a generally available control technology standard or management practice promulgated pursuant to Section 112(d) of the CAA (40 CFR 63).

"Hazardous Air Pollutant (HAP)" means any hazardous air pollutant listed in Section 112(b) of the CAA and its implementing regulations.

"Insignificant Activities" mean those equipment, operations and activities listed as exempt from District permitting pursuant to Sections D.3., D.4., and F through G of District Rule 202 (Exemptions to Rule 201). A list of all insignificant activities at the Part 70 source shall be listed in its Part 70 operating permit application. Also, all information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate any applicable permit fees must be provided for each of the insignificant activities listed in the permit application. No federally enforceable requirement for emissions allowable under the permit shall be listed for these insignificant activities in the permit.

"Insignificant Emissions levels" mean the emissions levels: (a). specified as exempt from District permitting pursuant to Section D.6. of District Rule 202; or, (b). de minimis levels of HAP emissions which do not trigger any Part 70 permit modifications.

"Maximum Achievable Control Technology (MACT)" means any maximum achievable control technology emission limit or other requirement promulgated pursuant to CAA, Section 112 (d) as set forth in 40 CFR 63.

"Minor Permit Modification" means a modification to a Part 70 permit that meets all of the following criteria:

"Modification" means any physical change, change in the method of operation of, or addition to an existing Part 70 source that would result in a net emissions increase of any regulated pollutant at that source. In this context, a physical change does not include routine maintenance or repair. Also, unless previously limited by a federally enforceable permit condition, the following shall not be considered changes in the method of operation:

A modification shall be considered "major or Title I modification" for a Part 70 source if the net emissions increase of any regulated pollutant equals or exceeds the levels stipulated in "Title I Modification" subsection of this rule.

For Part 70 sources subject to New Source Performance Standards (NSPS), modification means any physical change, or change in the method of operation of, an existing equipment (to which NSPS can apply when newly constructed or modified) which increases the amount of any air pollutant (to which a standard applies) emitted into the air by that equipment or which results in the emission of any air pollutant (to which a standard applies) into the atmosphere not previously emitted. For Part 70 sources subject to Emission Standards for Hazardous Pollutants mandated under Section 112 of the CAA, modification means any physical change, or change in the method of operation of the source which increases the actual emissions of any hazardous air pollutant (HAP) emitted by such source by more than a de minimis amount or which results in the emission of any hazardous pollutant not previously emitted by more than a de minimis amount. The de minimis amounts mentioned above shall correspond to the levels listed by the USEPA in the federal register promulgations of the HAP standards under Section 112 of the CAA.

"National Ambient Air Quality Standards (NAAQS)" means air quality standards promulgated pursuant to Section 109 of the CAA and its implementing regulations to protect public health and welfare, and consisting of primary and secondary standards. Primary standards are aimed at protecting the public health, while secondary standards are intended to safeguard the public welfare.

"Net Emissions Increase" for a Part 70 source means the net emissions increase as defined under the District New Source Review Regulation VIII.

"Non-Federal Minor Permit Change" means a change to a non-federally enforceable term or condition of a Part 70 permit that meets all of the following criteria:

A non-federal minor permit change requires approval through the District's NSR process and incorporation into the facility operating permit prior to its implementation.

"Outer Continental Shelf (OCS) source" includes any equipment, activity, or facility which -

Such activities include, but are not limited to, platform and drill ship exploration, construction, development, production, processing and transportation. For purposes of this subsection, emissions from any vessel servicing or associated with an OCS source, including emissions while at the OCS source or en route to or from the OCS source within 25 miles of the OCS source, shall be considered direct emissions from the OCS source. Such emissions shall be included in the "potential to emit" for an OCS source.

"Part 70 Permit" means that portion of any permit (or group of permits) covering a Part 70 source that is issued, renewed, amended or revised pursuant to Rules 1301 through 1305.

"Part 70 Source" means stationary sources included in the following source categories:

"Potential to Emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restriction on the hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. Secondary emissions are defined in 40 CFR 52.21(b)(18). The fugitive emissions of a stationary source shall be included in the potential to emit for the stationary source if such source category is specified by the USEPA as qualified to include fugitive emissions, e.g., source categories listed under 40 CFR 70.2 or fugitive HAP emissions from HAP sources.

"Proposed Operating Permit" means a permit with District and federally enforceable conditions proposed for issuance by the District and forwarded to the USEPA for review in compliance with Rule 1304.

"Regulation XIII" means District Regulation XIII, District Rules 1301, 1302, 1303, 1304 and 1305.

"Regulated Air Pollutant" means any air pollutant (a) which is emitted into and otherwise enters the ambient air, as defined in 40 CFR 50.1, and (b) for which the USEPA has adopted an emission limit, standard or other requirement. Regulated air pollutants include:

"Responsible Official" means one of the following:

"Significant Part 70 Permit Action" means the:

"Significant Part 70 Permit Modification" means any of the following:

"State Implementation Plan (SIP)" means the USEPA-approved plan submitted by each State under 42 U.S. C., Section 7401, et seq. (federal CAA and its implementing regulations) to achieve and maintain federal ambient air quality standards (NAAQS).

"Stationary Source" means any building, structure, facility, or installation which emits or may emit any regulated air pollutant or any pollutant listed under Section 112 (b) of the Act. For air pollutants regulated under Title I of the Act, stationary source shall not include military tactical support equipment, infrastructure maintenance equipment, or building maintenance equipment at a Department of Defense facility if the stationary source responsible official submits a plan to the Control Officer for review and approval. The Control Officer will approve the plan if it provides for the following:

Any violation of the terms and conditions of a plan approved by the Control Officer shall constitute a violation of District Rules and Regulations.

"Building, structure or facility" as referred to in the stationary source definition includes all pollutant emitting activities, including activities located in California coastal waters adjacent to the South Central Coast Air Basin boundaries and those areas of Outer Continental Shelf waters for which the District is the corresponding onshore area which:

"Common operations" include operations which are related through dependent processes, storage or transportation of the same or similar products or raw material. The emissions from all cargo carriers (excluding vehicles) including marine vessels which load or unload at the stationary source shall be considered emissions from the stationary source while operating within:

"Building Maintenance Equipment" as referred to in the stationary source definition means internal combustion engines used exclusively at a Department of Defense facility for the maintenance of buildings that meet the definition of "nonroad engine," and are exempt from permit under Regulation II.

"Infrastructure Maintenance Equipment" as referred to in the stationary source definition means internal combustion engines used exclusively at a Department of Defense facility to maintain roads and public service utilities that meet the definition of "nonroad engine" and are exempt from permit under Regulation II.

"Installation" as referred to in the stationary source definition includes any operation, article, machine, equipment, contrivance or grouping of equipment belonging to the same two-digit standard industrial classification code, which emits or may emit any regulated pollutant or HAP, and are located on one or more contiguous properties and under common control.

"Military Tactical Support Equipment" as referred to in the stationary source definition means a portable internal combustion engine that meets the definition of "nonroad engine" that is built to military specifications, owned by the U.S. Department of Defense, and/or the U.S. military services, and is used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. Examples include, but are not limited to, engines associated with portable generators, aircraft start carts, heaters, and lighting carts.

"Nonroad Engines" as used in the definitions of "Building Maintenance Equipment," "Infrastructure Maintenance Equipment" and "Military Tactical Support Equipment," mean any internal combustion engine:

An internal combustion engine is not a nonroad engine if:

As applied to an attainment pollutant, "stationary source" shall be interpreted to mean facility-wide. The term "installation" shall have the same meaning as "building, structure, or facility."

"Title I (or Major) Modification" means a modification that meets any of the following criteria:

Table 1301-A

Particulate Matter (PM10) 15.0 tons/yr
Sulfur Oxides(SOx) 40.0 tons/yr
Carbon Monoxide 100.0 tons/yr
VOC 40.0 tons/yr
Nitrogen Oxides(NOx) 40.0 tons/yr
Lead 0.6 ton/yr



D. Requirements

All Part 70 source permits and permit applications for issuance, amendments, modifications and renewals shall be drafted based on the definitions listed in this Rule along with the provisions listed in Regulation XIII.

A person shall operate all equipment and emission units located at a Part 70 source in compliance with all terms, applicable requirements and conditions specified in the Part 70 permit at all times. Any noncompliance with a Part 70 permit term, requirement or condition is a violation of Regulation XIII. Additionally, any noncompliance with a federally enforceable requirement or resultant permit term or condition constitutes a violation of the federal CAA and its implementing regulations. Each day during any portion of which a violation occurs is a separate offense. Any Part 70 permit noncompliance shall be grounds for appropriate enforcement action under the California Health & Safety Code and/or the federal CAA and its implementing regulations.

E. Compliance Schedule

Provisions of this Rule become effective on the date this Rule is approved by the USEPA. All Part 70 sources subject to this Rule, except the outer continental shelf (OCS) sources, shall comply with this Rule effective that date. All OCS sources shall comply with this rule either on the USEPA's approval date for this rule or on the date USEPA delegates the OCS program to the District, whichever is later.

F. Effective Date of Rule

The requirements of this rule shall become effective on the date of approval of this rule by the USEPA.