SCAQMD RULE 3005 PERMIT REVISIONS
LAST REVISED 08/11/95



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

RULE 3005. PERMIT REVISIONS

(a) Administrative Permit Revision Procedures

  1. Applicability
    Administrative permit revision procedures may be used only for those permit revisions described in paragraph (b)(1) of Rule 3000.
  2. Procedures
    Administrative permit revisions shall be processed consistent with the following:
  3. (A) The Executive Officer or designee shall take no more than 60 days from receipt of a request for an administrative permit revision to take final action on such request, and may incorporate such changes without providing notice to the public, EPA or affected States, provided that the Executive Officer or designee designates any such permit revisions as having been made pursuant to this paragraph.

    (B) The Executive Officer or designee shall submit a copy of the revisions to the EPA Administrator within five business days of issuance.

    (C) The Title V facility may implement the changes addressed in the request for an administrative permit revision immediately upon submittal of the request.

(b) Minor Permit Revision Procedures

  1. Applicability
    Minor permit revision procedures may be used only for those permit revisions described in paragraphs (b)(6) and (b)(12) of Rule 3000.
  2. Application Procedures
    An application requesting the use of minor permit revision procedures shall meet the requirements of Rule 3003 and shall include the following:
  3. (A) A description of the change, the emissions resulting from the change, and any new regulatory requirements that will apply if the change occurs;

    (B) The facility's suggested draft permit;

    (C) Certification by a responsible official, consistent with paragraph (c)(7) of Rule 3003, that the proposed revision meets the criteria for use of minor permit revision procedures and a request that such procedures be used; and,

    (D) Completed forms for the Executive Officer or designee to use to notify the EPA Administrator and affected States.

  4. EPA and Affected State Notification
    Within five working days of receipt of a complete application for minor permit revision, the Executive Officer or designee shall notify the EPA Administrator and affected States of the requested permit revision.
  5. Timetable for Issuance
  6. (A) The Executive Officer or designee may not issue a final permit revision until after EPA's 45-day review period or until EPA has notified the Executive Officer or designee that EPA will not object to issuance of the permit revision, whichever is first.

    (B) Within 90 days of receipt of a complete application under minor permit revision procedures, or within 15 days after the end of the EPA's 45-day review period, whichever is later, the Executive Officer or designee shall:

    (i) Issue the permit revision as proposed;

    (ii) Deny the permit revision application;

    (iii) Determine that the requested revision does not meet the minor permit revision criteria and should be reviewed under the significant revision procedures, and deny the application; or,

    (iv) Revise the draft permit revision and transmit to the EPA Administrator the new draft permit revision as required by Rule 3003.

  7. Facility's Ability to Make Changes
    A person shall not make any Title V facility change applied for under minor permit revision procedures until in possession of the approved permit, issued by the Executive Officer or designee, authorizing the revision.
  8. Application Shield
    The application shield under subdivision (b) of Rule 3002 shall not extend to minor permit revisions.
  9. Permit Shield
    The permit shield under subdivision (c) of Rule 3004 shall not extend to minor permit revisions.

(c) Group Processing Using Minor Permit Revision Procedures

  1. An applicant may request group processing, using minor permit revision procedures, for permit revisions that meet the following criteria:
  2. (A) All such permit revisions qualify for minor permit revision procedures pursuant to paragraph (b)(1) of this rule; and

    (B) Emissions resulting from all such permit revisions are collectively below 5 tons per year (tpy) of VOC, 5 tpy of NOx, 5 tpy of SOx, 5 tpy of CO, and 5 tpy of PM10.

  3. An applicant requesting group processing shall meet the requirements of Rule 3003 and paragraph (b)(2) of Rule 3005 and shall include the following:
  4. (A) A description of the change, the emissions resulting from the change, and any new regulatory requirements that will apply if the change occurs;

    (B) The facility's suggested draft permit;

    (C) Certification by a responsible official, consistent with paragraph (c)(7) of Rule 3003, that the proposed revision meets the criteria for use of group processing procedures and a request that such procedures be used;

    (D) A list of the facility's other pending applications awaiting group processing, and a determination of whether the requested revision, aggregated with these other applications, equals or exceeds the applicable threshold pursuant to paragraph (b)(6) of Rule 3000;

    (E) Certification, consistent with paragraph (c)(7) of Rule 3003, that the applicant has notified EPA of the proposed modification. Such notification need only contain a brief description of the requested modification;

    (F) Completed forms for the Executive Officer or designee to use to notify the EPA Administrator and affected States of the requested action.

  5. The Executive Officer or designee shall notify the EPA Administrator and affected States of the requested revisions during the first week of each calendar quarter, or within five business days of receipt of an application demonstrating that the aggregate of a facility's pending group processing minor revision applications equals or exceeds the threshold established under paragraph (b)(6) of Rule 3000.
  6. The Executive Officer or designee shall take one of the actions specified in subparagraph (b)(4)(B) of this rule within 180 days of receipt of a group processing application or within 15 days after the end of the EPA's 45-day review period, whichever is later. The Executive Officer or designee shall not take final action until after either:
  7. (A) EPA's 45-day review period has expired; or,

    (B) EPA has given notice that it will not object to issuance of the proposed revision.

  8. Facility's Ability to Make change
    A person shall not make any Title V facility change applied for under group processing minor permit revision procedures until in possession of the approved permit, issued by the Executive Officer or designee, authorizing the revision.

(d) Significant Permit Revisions

  1. Significant revision procedures shall be used for applications requesting permit revisions which do not qualify as de minimis significant permit revisions under paragraph (b)(6) of Rule 3000, minor permit revisions under paragraph (b)(12) of Rule 3000 or as administrative permit revisions under paragraph (b)(1) of Rule 3000.
  2. Significant permit revisions shall meet all the requirements of this rule, including those requirements pursuant to Rule 3003 - Applications and Rule 3006 - Public Participation, as they apply to initial permit issuance and permit renewal.

(e) Reopening for Cause

  1. The Executive Officer or designee shall reopen and revise a permit if any of the following circumstances occur:
  2. (A) Additional regulatory requirements become applicable to a Title V facility with a remaining permit term of three or more years, provided, however, that no such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to paragraph (f)(4) and subdivision (i) of Rule 3004;

    (B) The Executive Officer or designee or EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit; or,

    (C) The Executive Officer or designee or EPA determines that the permit shall be revised or revoked to assure compliance with the applicable requirements.

  3. Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance, and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as soon as possible. However, nothing in this rule limits the authority of the Executive Officer or designee to seek revocation and termination of a permit pursuant to the Health and Safety Code sections 42307 - 42309 and Health and Safety Code section 40800 et seq.
  4. Proceedings to reopen a permit shall not be initiated, unless the holder of the Title V permit, the public, and EPA have been notified of the Executive Officer or designee's intent to reopen such permit, at least 30 days in advance of the date the permit is to be reopened.
  5. Notwithstanding subparagraph (e)(3) of this rule, the Executive Officer or designee may specify a shorter period of notice upon making a written finding that immediate reopening and revision is necessary to prevent the occurrence of a public nuisance or violation of National Ambient Air Quality Standards due to emissions from the Title V facility, in which case the reopening and revision is effective immediately upon service of the revised permit on the holder of the Title V permit, subject to the permit holder's right to appeal to the Hearing Board pursuant to Health and Safety Code section 42302.
  6. Permit revocation shall be governed by the procedures set forth in the Health and Safety Code sections 42307 - 42309 and Health and Safety Code section 40800 et seq.

(f) Reopenings for Cause by EPA

  1. The Executive Officer or designee shall forward a proposed determination to EPA to terminate, revise, or revoke and reissue any permit within 90 days of receipt of written notice from EPA proposing to reopen a permit for cause. The Executive Officer or designee may request a 90 day extension of this limit if it is necessary to request a new or revised permit application or additional information from the applicant for, or holder of, a Title V permit.
  2. The Executive Officer or designee shall attempt to resolve any EPA objection to a proposed determination issued pursuant to paragraph (f)(1) of this rule within 90 days of receipt from EPA.

(g) Operational Flexibility

An owner/operator of a Title V facility may make certain changes within a permitted facility without a permit revision. The changes allowed under this subdivision shall not apply to changes that constitute modifications under the provisions of Title I of the federal Clean Air Act or that result in an exceedance of the emissions allowable under the permit, whether expressed therein as a rate of emissions or in terms of total emissions. This subdivision shall apply to:

  1. Changes that violate an express permit term or condition, provided all of the following conditions are met:
  2. (A) The District and EPA have received a written notice from the owner/operator of the Title V facility at least 7 calendar days before making such change;

    (B) The written notice is clearly marked as a request for operational flexibility under this subdivision and includes the following information:

    (i) a description of each change within the permitted facility;

    (ii) the date on which the change will occur;

    (iii) any change in emissions; and

    (iv) any permit term or condition that is no longer applicable as a result of the change ; and

    (C) The change does not:

    (i) violate regulatory requirements or violate federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance plan requirements;

    (ii) constitute construction, modification, or relocation under Regulation XIII - New Source Review;

    (iii) constitute construction, modification, or relocation under Rule 1401 - New Source Review of Carcinogenic Air Contaminants;

    (iv) constitute preconstruction or modification under Rule 2005 - RECLAIM New Source Review; or

    (v) require action subject to decision by the Hearing Board.

  3. Trading of emission increases and decreases within the permitted facility solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements, if all of the following conditions are met:
  4. (A) The facility complies with all regulatory requirements;

    (B) For non-RECLAIM pollutants, trading of emissions within the facility shall comply with all of the following requirements:

    (i) Prior to the initiation of trading, the facility permit includes, or has been revised to include, terms and conditions authorizing the trading, including all terms required under Rule 3004(a)(4) and (a)(10) to determine compliance, and replicable procedures and permit terms that ensure that the emissions trades are quantifiable and enforceable;

    (ii) The trading includes only equipment for which emissions are quantifiable and for which there are replicable procedures to enforce such trading;

    (iii) The District and EPA have received written notice from the holder of the Title V permit at least 30 days before trading is initiated;

    (iv) The written notice is clearly marked as a request to initiate trading under this subdivision and includes the date the trading will begin, and a description of the changes in emissions that will result and how these changes will comply with the terms and conditions of the permit; and

    (v) The District does not provide the owner or operator a written denial of the request for authorization of trading within 30 days of receipt of the request.

(h) Alternative Operating Scenario

The Executive Officer shall allow the owner/operator of a Title V facility to change from one alternative operating scenario to another without requiring a permit revision, provided that the terms and use of the alternative operating scenario are:

  1. identified by the owner/operator in the permit application
  2. approved by the District;
  3. specified in the permit conditions pursuant to paragraph (a)(8) of Rule 3004; and
  4. in compliance with all regulatory requirements.

(i) Prohibition on Changes Not Specifically Allowed by Permit

A Title V facility shall not, without a permit revision, make any change that is not addressed or prohibited by the Title V permit, if such change is:

  1. subject to any requirement under Title IV of the federal Clean Air Act; or
  2. subject to Administrative permit revision, minor permit revision, or significant permit revision procedures, except in accordance with subdivision (g) of this rule or;
  3. a modification under any provisions of Title I of the federal Clean Air Act.