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.