SCAQMD RULE 3000 - GENERAL
LAST REVISED 08/11/95



(Adopted October 8, 1993)(Amended August 11, 1995)

RULE 3000. GENERAL

(a) Purpose

The Title V Permit system is the air pollution control permit system required to implement the federal Operating Permit Program as required by Title V of the federal Clean Air Act as amended in 1990. This regulation defines permit application and issuance procedures as well as compliance requirements associated with the program.

(b) Definitions

  1. ADMINISTRATIVE PERMIT REVISION means any Title V permit revision to:
  2. (A) correct typographical errors;

    (B) record facility ownership and information changes which:

    (i) identify changes in the name, address, or phone number of any person identified in the permit, or provide a similar minor administrative change at the source; or,

    (ii) change ownership or operational control of a source where the District determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new holder of the Title V permit has been submitted to the District;

    (C) impose requirements for more frequent monitoring, recordkeeping, or reporting by the permittee;

    (D) incorporate into the operating permit status, equipment that have met the following requirements:

    (i) preconstruction permit review requirements;

    (ii) permit content requirements pursuant to subdivisions (a) and (b) of Rule 3004;

    (iii) permit review by EPA and affected States pursuant to subdivisions (j), (k), (l), (m), and (n) of Rule 3003 at the time of preconstruction review; and

    (iv) for significant permit revisions, public participation requirements of Rule 3006;

    (E) annually record revised annual Allocations for each remaining year of the permit term for facilities subject to RECLAIM as a result of the trade, sale, or purchase of RECLAIM Trading Credits (RTC) in compliance with Rule 2007 - Trading Requirements, provided New Source Review is not triggered pursuant to Rule 2005 - RECLAIM New Source Review;

    (F) remove equipment, provided that equipment removal does not result in an increase in emissions.

  3. AFFECTED SOURCE means a facility as defined under the acid rain provisions of Title IV of the federal Clean Air Act or 40 CFR Part 70, Section 70.2;
  4. AFFECTED STATES means all States:
  5. (A) whose air quality may be affected and that are contiguous to the State in which a Title V permit, permit revision or permit renewal is being proposed; or

    (B) that are within 50 miles of the permitted facility.

  6. APPLICABLE REQUIREMENTS means all requirements as defined in 40 CFR Part 70, Section 70.2.
  7. COMPLIANCE DOCUMENTS means all permits, compliance plans, monitoring, and compliance certification reports pertaining to a facility pursuant to section 503(e) of the federal Clean Air Act, except for information entitled to confidential treatment pursuant to section 114(c) of the Act. The contents of a facility permit shall not be entitled to confidential treatment.
  8. DE MINIMIS SIGNIFICANT PERMIT REVISION means any Title V permit revision where the cumulative emission increases of non-RECLAIM pollutants or hazardous air pollutants (HAP) from these permit revisions during the term of the permit are not greater than any of the emission threshold levels in Table 1.
  9.                               Table 1
                     De Minimis Emission Threshold Level
    

    Daily Maximum Air Contaminant in Lb Per Day --------------------------------------------- HAP 30 VOC 30 NOx 40 PM10 30 SOx 60 CO 220 For the purposes of this paragraph, the de minimis levels for HAP and VOC are not additive if the HAP is a VOC. The de minimis levels for HAP and PM10 are not additive if the HAP is a PM10. The HAP de minimis level in this section shall be superseded by any lower HAP de minimis level promulgated by the EPA Administrator . De minimis significant permit revisions shall also meet the requirements of clauses (b)(12)(A)(ii), (iii), and (iv) of this rule.

  10. DRAFT PERMIT means a permit issued, after evaluation by the District staff, for review by affected States pursuant to subdivision (m) of Rule 3003, and/or public participation pursuant to Rule 3006, and prior to transmittal for review by the EPA Administrator as required by subdivision (j) of Rule 3003.
  11. EFFECTIVE DATE means the date upon which the EPA Administrator deems the District Title V program approved on a full, partial or interim basis, whichever is earlier.
  12. EMERGENCY means any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility, including acts of God, which:
  13. (A) requires immediate corrective action to restore normal operation; and

    (B) causes the facility to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency; and

    (C) is not caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.

  14. FACILITY means any permit unit or source, or grouping of permit units or sources, or other air contaminant-emitting activities which are located on one or more contiguous properties within the District, in actual physical contact or separated solely by a public roadway or other public right-of way, and are owned or operated by the same person (or by persons under common control) or an outer continental shelf (OCS) source as defined in 40 CFR Section 55.2. Such above-described groupings, if on noncontiguous properties, but connected only by land carrying a pipeline, shall not be considered one facility. Equipment or installations involved in crude oil and gas production in Southern California coastal or OCS waters, and transport of such crude oil and gas in Southern California coastal or OCS waters, shall be included in the same facility which is under the same ownership or use entitlement as the crude oil and gas facility on-shore.
  15. HAZARDOUS AIR POLLUTANT (HAP) means any pollutant listed in Section 112(b) of the federal Clean Air Act.
  16. MINOR PERMIT REVISION means any Title V permit revision that meets all of the following conditions:
  17. (A)

    (i) except as provided for in clause (b)(12)(A)(v), does not require or change a case-by-case evaluation of an emission limitation;

    (ii) does not violate a regulatory requirement;

    (iii) does not require any significant change in monitoring terms or conditions in the permit;

    (iv) does not require relaxation of any recordkeeping, or reporting requirement, or term, or condition in the permit;

    (v) for facilities subject to RECLAIM, a modification does not result in an emission increase of RECLAIM pollutants over the facility starting Allocation plus nontradeable Allocations;

    (vi) does not result in an increase in emissions of hazardous air pollutants; and

    (vii) does not establish or change a permit condition that the facility has assumed to avoid an applicable requirement; or,

    (B) requires the incorporation of an existing general permit, as defined in subdivision (e) of Rule 3004, and its associated requirements, into the Title V permit.

  18. MODIFICATION means any physical change or change in the method of operation of any equipment. The following shall not be considered a modification:
  19. (A) routine maintenance and repair;

    (B) any change in operator or ownership of the facility;

    (C) use of an alternative fuel as required by District rule or federal or State statute, regulation or law;

    (D) an increase in the hours of operation or in the production rate, unless a unit specific permit condition limiting hours of operation, throughput or mass emissions would be exceeded; and

    (E) for RECLAIM facilities, changes in material selection or formulation, if allowed without a permit revision under Regulation XX - RECLAIM.

  20. OFF-ROAD MOBILE SOURCES means non-stationary devices powered by an internal combustion engine or motor rated at 50 horsepower or greater, used off public roads and solely at the facility to propel, move, or draw persons or property. Such devices include, but are not limited to: forklifts, motor graders, backhoes, excavators, dozers, trenchers, and tractors.
  21. POTENTIAL TO EMIT means the maximum capacity of a facility to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a facility to emit an air pollutant, including air pollution control equipment and restrictions on 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 enforceable by the EPA Administrator.
  22. PROPOSED PERMIT means the version of a permit that the District proposes to issue and forward to the EPA Administrator for review pursuant to subdivision (j) of Rule 3003 .
  23. RECLAIM FACILITY means any facility that is subject to the requirements of Regulation XX - Regional Clean Air Incentives Market (RECLAIM).
  24. RECLAIM POLLUTANT means any pollutant that is subject to the requirements of Regulation XX - Regional Clean Air Incentives Market (RECLAIM), and that is emitted from a facility subject to RECLAIM for that pollutant.
  25. REGULATED AIR POLLUTANT means any air pollutant as defined in 40 CFR Part 70, Section 70.2.
  26. REGULATORY REQUIREMENTS means all applicable requirements, District Rules and Regulations, and all State requirements pertaining to the regulation of air contaminants.
  27. RELOCATION means the removal of an existing equipment or source from one parcel of land in the South Coast Air Quality Management District and installation on another parcel of land where the two parcels are not in actual physical contact and are not separated solely by a public roadway or public right-of-way.
  28. RENEWAL means the updating of an existing Title V permit at the end of its term, to incorporate new regulatory requirements, and the issuance of such updated permit for an additional permit term. Permit revision requests may not be processed in an application for a permit renewal and shall be applied for separately.
  29. REPORTED EMISSIONS, for the purpose of applicability pursuant to Rule 3001 - Applicability, means the emissions data provided to the District by the facility representative, pursuant to Rule 301 - Permit Fees. Fugitive emissions of criteria pollutants shall not be considered in determining whether a facility is a major stationary source pursuant to Rule 3001 unless the source belongs to one of the categories listed in section (2) of the 40 CFR Part 70.2 major source definition. Fugitive emissions of HAP shall be considered in determining whether a facility is a major source pursuant to Rule 3001.
  30. RESPONSIBLE OFFICIAL means:
  31. (A) for a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or a person who performs similar policy-making functions for the corporation, or a duly authorized representative of such person provided such person is responsible for the overall operation of the facility, and either:

    (i) the Executive Officer or designee has approved a petition from the original responsible official to delegate this authority; or,

    (ii) the facility employs more than 250 persons or has a gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars.

    (B) for a partnership or sole proprietorship: general partner or proprietor, respectively.

    (C) for a municipality, State, Federal, or other public agency: a principal executive officer or ranking elected official.

    (D) for Phase II Acid Rain facilities that do not meet the criteria in subparagraphs (b)(24)(A) or (C): the designated representative responsible pursuant to Title IV of the federal Clean Air Act.

  32. SIGNIFICANT PERMIT REVISION means any facility permit revision that is not eligible for administrative permit revision, minor permit revision, or de minimis significant permit revision procedures. Such revisions include any of the following:
  33. (A) relaxation of any monitoring, recordkeeping, or reporting requirement, term, or condition in the Title V permit;

    (B) the addition of equipment or modification to existing equipment or processes that result in an emission increase of non-RECLAIM pollutants or hazardous air pollutants (HAP) in excess of any of the emission threshold levels in Table 2.

                                    Table 2
                      Significant Emission Threshold Level
    
                                             Daily Maximum
                     Air Contaminant         in Lb Per Day
                    ----------------------------------------- 
                          HAP                     30
                          VOC                     30
                          NOx                     40
                          PM10                    30
                          SOx                     60
                          CO                     220
    


    (C) cumulative emission increases of non-RECLAIM pollutants or hazardous air pollutants from de minimis significant permit revisions during the term of the permit, in excess of any of the emission threshold levels in Table 2.

    For the purposes of this subparagraph, the de minimis levels for HAP and VOC are not additive if the HAP is a VOC. The de minimis levels for HAP and PM10 are not additive if the HAP is a PM10. The HAP de minimis level in this section shall be superseded by any lower HAP de minimis level promulgated by the EPA Administrator, or;

    D) any modification at a RECLAIM facility that results in an emission increase of RECLAIM pollutants over the facility's starting Allocation plus the nontradeable Allocations;

    (E) requests for a permit shield when such requests are made outside applications for initial permit or permit renewal issuance.

  34. TITLE V means Title V of the federal Clean Air Act as amended in 1990 and the 40 CFR Part 70 EPA regulations promulgated to implement the Act.
  35. TITLE V PERMIT means a facility operating permit issued pursuant to Regulation XXX.
  36. TITLE V FACILITY means any facility that meets the criteria set forth in subdivision (a), (b) or (c) of Rule 3001. Sources or facilities that meet the exemption criteria set forth in subdivision (d) of Rule 3001 shall not be required to obtain a Title V permit.