SCAQMD RULE 3003 APPLICATIONS 
LAST REVISED 10/08/93
 
 (Adopted October 8, 1993)
 RULE 3003.  APPLICATIONS
 
 (a)  Application Requirements
      (1)  The owner or operator of a Title V facility shall
           submit a timely and complete Title V permit
           application in accordance with this rule.  Except as
           set forth elsewhere in this subdivision or in
           subdivision (c), a timely initial permit application
           is one that is submitted within 180 days after the
           facility becomes subject to the Title V permit
           program.
      (2)  For facilities specifically identified by the
           District on or before the effective date, a timely
           initial permit application is a response submitted to
           the Executive Officer, in the format as specified in
           the Technical Guidance Document: Title V Operating
           Permit Program, and within 60 days of receipt of the
           District's notice to the facility with facility-
           specific application materials, or an application
           submitted within one year from the effective date,
           whichever comes first.
      (3)  For Title V facilities, new facilities, relocating
           facilities and facilities proposing a modification or
           installing equipment where the facility emissions
           after the modification or installation would subject
           the facility to the requirements of Title V of the
           federal Clean Air Act,  a timely initial permit
           application is one that is filed prior to
           commencement of modification or equipment
           construction.  Except as provided for in Rule
           3005(a)(2)(C), nothing in this rule allows the
           construction or operation of a facility prior to
           obtaining a Title V permit revision if an existing
           Title V permit would prohibit such construction or
           operation, or a Title V permit, if the facility does
           not have an existing Title V permit.
      (4)  For purposes of permit renewal, a timely application
           is one that is submitted at least 180 days, but no
           more than 545 days, prior to the date of permit
           expiration.
      (6)  For facilities which are, or include, major sources
           in categories or subcategories for which EPA has
           failed to promulgate a maximum achievable control
           technology emissions standard by the date established
           pursuant to subsections (e)(1) and (e)(3) of Section
           112 of the federal Clean Air Act, a timely
           application for a facility permit or permit revision,
           as appropriate, is one submitted within 18 months of
           such failure, and which complies with Section 112 of
           the federal Clean Air Act. 
     
 (b)  Application Content
      (1)  An applicant shall submit, on a form specified by the
           Executive Officer, all information necessary to
           evaluate the subject facility and the application,
           including all information specified in 40 CFR
           70.5(c), to determine the applicability of and to
           impose any regulatory requirement, and to determine
           the fee amounts required pursuant to Regulation III.
      (2)  Each application for an initial permit, permit
           renewal, administrative permit revision, minor permit
           revision or significant permit revision shall include
           the required information and in the format as
           specified in the Technical Guidance Document: Title
           V Operating Permit  Program.
     
 (c)  Complete Application
      (1)  The Executive Officer shall, upon receipt of any
           application, promptly determine whether the
           application is complete pursuant to the criteria set
           forth in the Technical Guidance Document. 
      (2)  Unless the Executive Officer determines that an
           application for initial permit issuance or permit
           renewal is not complete within 60 days of receipt of
           the application, or within 30 days of receipt of the
           application for all permit revisions, such
           application shall be deemed to be complete. 
      (3)  If the application is determined not to be complete,
           the Executive Officer shall notify the applicant in
           writing what additional information is necessary to
           make the application complete and shall specify in
           writing a reasonable deadline for providing such
           information.
      (4)  If the applicant does not provide all requested
           information on or before the deadline specified, the
           Executive Officer may deny the application.  The
           Executive Officer may extend the initial deadline if
           requested by the applicant. 
      (5)  To be deemed complete, an application must provide
           all information required pursuant to subdivision (b)
           of this rule, except that applications for permit
           revision need supply such information only if it is
           related to the proposed change.
      (6)  An applicant shall provide application statements and
           information that are true, accurate, and complete,
           based on information and belief formed after
           reasonable inquiry.
      (7)  The responsible official shall certify all
           information provided as part of a permit application,
           a supplement or correction pursuant to subdivision
           (d) of this rule, or in response to a request for
           information from the Executive Officer.  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.
     
(d)   Duty to Supplement or Correct Application
      (1)  Any applicant for, or holder of, a Title V permit who
           fails to submit any relevant information or who has
           submitted incorrect information in an application for
           a permit or permit revision shall, upon becoming
           aware of such failure or incorrect submittal,
           promptly submit such supplementary facts or corrected
           information.
      (2)  An applicant shall provide such additional
           information as necessary to determine compliance with
           any requirements that became applicable to the
           facility after the date a complete application was
           filed but prior to release of a draft permit.
     
(e)  Requests for Additional Information
      (1)  Even after an application is determined or deemed
           complete, an applicant shall provide such additional
           information as has been requested in writing by the
           Executive Officer as necessary to evaluate or take
           final action on the application, on or before the
           reasonable deadline specified in the request.
      (2)  The facility's ability to operate without a permit as
           set forth in Rule 3002(b) shall terminate at 5:00
           p.m. on the deadline specified by the Executive
           Officer unless the applicant has on or before that
           time provided all information requested by the
           Executive Officer pursuant to either paragraph (e)(1)
           of this rule, or Rule 3002(d).
     
(f)  Confidential Information
      Whenever an applicant for, or holder of, a Title V permit
      submits information to the Executive Officer in connection
      with a Title V permit application under a claim of
      confidentiality, such applicant or permit holder may be
      required, by the Executive Officer, to submit a copy of
      such information directly to the EPA Administrator at
      (insert address), along with a concise statement of the
      basis of such claim of confidentiality.
       
(g)   Sharing of Information
      (1)  Except as provided in paragraph (g)(2), any
           information obtained from a facility or used in the
           administration of the Title V permit program shall be
           made available without restriction to EPA upon
           request.
      (2)  Where the Executive Officer submits information to
           the EPA under a claim of confidentiality, the
           Executive Officer shall provide a copy of such claim
           if made by a third party, or a concise statement of
           the basis of such claim if made by the Executive
           Officer.
     
(h)   Preservation of New Source Review
      The submittal of a complete Title V permit application, or
      application for revision of such permit, shall not relieve
      any person of the requirements for a pre-construction
      permit under Title I of the federal Clean Air Act,
      District Regulation XIII and District Rule 2005. 

(i)   Action on Title V Permit Applications
      (1)  The Executive Officer shall deny an application for
           initial permit, permit revision, or permit renewal
           unless the applicant shows that operation under the
           permit will comply with all regulatory requirements.
      (2)  Except during the 3-year transition period for
           initial permit issuance, following the effective
           date, and for applications identified in paragraph
           (i)(3), the Executive Officer shall issue a permit
           for or deny  a permit application as follows:
           (A)  Applications for initial permits, significant
                permit revisions and permit renewals:  within 18
                months after receipt of a complete application;
           (B)  Applications for administrative permit
                revisions:  within 60 days of application
                receipt; and,
           (C)  Applications for minor permit revisions:  within
                90 days of application receipt.
      (3)  For applications for an initial permit or significant
           permit revision that include a request for
           authorization to construct, the Executive Officer
           shall issue a permit for or deny a permit application
           as follows:
          (A)  Applications for which an Environmental Impact Report
                is not required and where EPA does not object to
                the proposed Title V permit or revision within
                the 45-day review period: within 265 days after
                the application is deemed complete;
          (B)  Applications for which an Environmental Impact Report
                is not required and EPA objects to the proposed
                permit or revision: within 355 days after the
                application is deemed complete;
          (C)  Applications for which an Environmental Impact Report
                is required: within the timeframes defined in
                subparagraphs (i)(3)(A) or (B) plus 180 days.
      (4)  A permit, permit revision, or renewal may be issued only
           if all the following conditions have been met:
           (A)  The Executive Officer has received a complete
                application for a permit, permit revision or, 
                permit renewal; 
           (B)  Except for administrative permit revisions,
                minor permit revisions, and de minimis
                significant permit revisions the Executive
                Officer and the facility have complied with the
                requirements for public participation under Rule
                3006.
           (C)  The Executive Officer has complied with the
                requirements for notifying and responding to
                affected states under subdivision (m) of this
                rule.
           (D)  The conditions of the permit provide for
                compliance with all regulatory requirements.
           (E)  The EPA Administrator has received a copy of the
                draft permit and any notices required under
                Rules 3003, 3005, and 3006, and has not objected
                to issuance of the permit under 40 CFR section
                70.8(c) within the time period specified
                therein, or the permit has been revised to meet
                any timely objections made by the EPA Administrator.
      (5)  During the transition period, the Executive Officer shall
           issue Title V permits for at least one third of the
           identified Title V sources within one year of the
           effective date.  At least two thirds of the permits
           shall be issued within two years of the effective
           date, and the remaining permits shall be issued
           within three years of the effective date.

(j)  Title V Permit Review by EPA
     (1)  The Executive Officer shall submit to the EPA
           Administrator:
          (A)  each application for initial permit, permit renewal,
                minor permit revision, de minimis significant
                permit revision and significant permit
                revision;     
          (B)  each draft permit, and revised draft permit for
                initial permit, renewal permit and/or
                significant permit revision after the public
                participation process pursuant to Rule 3006;
          (C)  each draft minor permit revision upon completion of
                District evaluation; and 
          (D)  each final Title V permit, within 5 working days of
                permit issuance.
      (2)  To the extent practicable, the information required by
           paragraph (j)(1) of this rule shall be provided in a
           computer-readable format compatible with EPA's
           national database management system.
      (3)  At the time of submitting the proposed permit or permit
           revision to EPA, the Executive Officer shall:
          (A)  notify the applicant; and,
          (B)  notify the EPA Administrator and any affected state
                in writing of any refusal to accept all
                recommendations for the draft permit that the
                affected state submitted during the public or
                affected state review period.  The notice shall
                include the reasons for not accepting any such
                recommendations.
     
(k)   EPA Objection to Title V Permit or Revision
      (1)  No permit or permit revision for which an application must
           be transmitted to EPA pursuant to subdivision (j) of
           this rule may be issued if the EPA objects to its
           issuance in writing within 45 days of receipt of the
           draft permit and all necessary supporting
           information, and the objection includes a statement
           of the reasons for the objection and a description of
           the terms and conditions that the permit must include
           to respond to the objections.
      (2)  Within 14 days of receipt of EPA's objection to a proposed
           permit or permit revision, the District shall notify
           the applicant of EPA's objection.
      (3)  Within 90 days after receipt of timely objection from EPA
           that meets the requirements of paragraph (k)(1) of
           this rule, the Executive Officer shall do one of the
           following:
          (A)  deny the proposed permit or permit revision;
          (B)  revise and submit to EPA a new draft permit in
                response to EPA's objection; or,
          (C)  determine that EPA's objection is based on a mistake
                of fact or law, and notify EPA of such mistake
                in writing prior to issuance of the final
                permit. 
      (4)  If the Executive Officer fails, within the time
           specified in paragraph (k)(2) of this rule, to either
           deny the draft permit or revise and submit a new
           draft permit in response to the objection, EPA may
           issue or deny the permit in accordance with 40 CFR
           Part 70.
     
 (l)  Public Petitions to the EPA Administrator
      (1)  Except in the case of a minor permit revision, and if
           the EPA Administrator does not object in writing
           pursuant to subdivision (k) of this rule,  any person
           may petition the EPA Administrator within 60 days
           after the expiration of the EPA Administrator's 45-
           day review period to make such objection, as provided
           for in 40 CFR Part 70.
      (2)  Any petition under this rule subdivision shall be
           based only on objections to the permit that were
           raised with reasonable specificity during the public
           comment period provided for in Rule 3006, unless the
           petitioner demonstrates, to the EPA Administrator,
           that it was impracticable to raise such objections
           within such period, or unless the grounds for
           objection arose after such period.
      (3)  If the EPA Administrator objects to the permit as a
           result of a petition filed under this subdivision,
           the Executive Officer shall not issue the permit
           until EPA's objection has been resolved, except that
           a petition under this rule section does not stay the
           effectiveness of a permit or its requirements if the
           permit was issued after the end of EPA's 45-day
           review period and prior to receipt of EPA's
           objections.
      (4)  If the permit has been issued prior to receipt of an
           EPA objection under this rule, EPA may revise,
           terminate, or revoke such permit.
     
 (m)  Title V Permit Review by Affected States
      (1)  The Executive Officer shall provide a copy of each
           draft Title V permit or draft permit revision to any
           affected state on or before the time that notice is
           provided to the public.
      (2)  Any affected state may provide recommendations in
           writing, based upon applicable requirements or
           requirements of 40 CFR Part 70, with respect to the
           draft permit or draft permit revision, within the
           time allowed for comment by Rule 3006.
      (3)  The Executive Officer shall, at the time of
           submitting the proposed permit or permit revision to
           EPA, provide notice to EPA and the affected state in
           writing of any recommendations for the draft permit
           or revision that the affected state submitted during
           the applicable review period.  The notice shall
           include the Executive Officer's reasons for not
           accepting any such recommendations.
     
 (n)  Prohibition of Default Issuance
      (1)  No Title V permit, including a permit renewal, minor
           permit revision  or significant permit revision, may
           be issued until after EPA and affected states have
           had an opportunity to review the draft permit as
           required under Rules 3003 and 3005, unless EPA has
           waived such review for EPA and the affected states.
      (2)  No provision of these rules shall be construed to
           require that a Title V permit or renewal be issued
           after a certain time if the Executive Officer fails
           to take action on the application.
      (3)  Failure of the Executive Officer to take action on an
           application within the time specified by these rules
           shall not constitute final permit action except for
           purposes of a judicial or authorized administrative
           proceeding seeking to compel the Executive Officer to
           take final action on the application.