VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT

Rule 33.3 Part 70 Permits - Permit Content

(Adopted 10/12/93)

A. Each Part 70 permit shall include the following elements:

  1. Conditions that will assure compliance with all applicable requirements, including conditions establishing emission limitations and standards for all applicable requirements. (Reference: 40 CFR 70.6(a)(1))

  2. The term of the Part 70 permit. (Reference: 40 CFR 70.6(a)(2))

  3. Conditions establishing all applicable emissions monitoring and analysis procedures, emissions test methods or continuous monitoring equipment required under all applicable requirements; and related recordkeeping and reporting requirements. Where the applicable requirement does not require periodic testing or monitoring, conditions establishing periodic monitoring sufficient to assure compliance with the applicable requirement. (Reference: 40 CFR 70.6(a)(3))

    All applicable records shall be maintained for a period of at least 5 years. All applicable reports shall be submitted to the District every 6 months and shall be certified by a responsible official. Such reports shall identify any deviations from Part 70 permit conditions. In addition, prompt reporting to the District of any deviations from Part 70 permit conditions shall be required. (Reference: 40 CFR 70.6(a)(3)(ii)(B), 70.6(a)(3)(iii)(A), 70.6(a)(3)(iii)(B))

  4. If applicable, a Part 70 permit condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Clean Air Act or the regulations promulgated thereunder. (Reference: 40 CFR 70.6(a)(4))

  5. A severability clause to ensure the continued validity of the various Part 70 permit requirements in the event of a challenge to any portions of the Part 70 permit. (Reference: 40 CFR 70.6(a)(5))

  6. A statement that the permittee must comply with all conditions of the Part 70 permit. (Reference: 40 CFR 70.6(a)(6)(i))

  7. A statement that the need for a permittee to halt or reduce activity shall not be a defense in an enforcement action. (Reference: 40 CFR 70.6(a)(6)(ii))

  8. A statement that the Part 70 permit may be modified, revoked, reopened, and reissued, or terminated for cause. (Reference: 40 CFR 70.6(a)(6)(iii))

  9. A statement that the Part 70 permit does not convey any property rights of any sort, or any exclusive privilege. (Reference: 40 CFR 70.6(a)(6)(iv))

  10. A statement that the permittee shall furnish to the permitting authority, within a reasonable time:

    a) Any information required to determine whether cause exists for modifying, revoking, reissuing or terminating the Part 70 permit;

    b) Any information required to determine compliance with the Part 70 permit; or

    c) Copies of any records required to be maintained by the Part 70 permit. (Reference: 40 CFR 70.6(a)(6)(v))

  11. A condition requiring the permittee pay fees due to the District consistent with all applicable fee schedules. (Reference: 40 CFR 70.6(a)(7))

  12. Applicable conditions for all reasonably anticipated operating scenarios identified by the source in its Part 70 permit application. Such conditions shall meet all applicable requirements. (Reference: 40 CFR 70.6(a)(9))

  13. Applicable conditions for allowing trading under a voluntary emission cap accepted by the permittee. Such conditions shall meet all applicable requirements. (Reference: 40 CFR 70.6(a)(10))

  14. For any condition based on a federally-enforceable requirement, references that specify the origin and authority for each condition, and identify any difference in form as compared to such federally-enforceable requirement. (Reference: 40 CFR 70.6(a)(1)(i))

B. Each Part 70 permit shall include the following compliance requirements:

  1. A statement that representatives of the District shall be allowed access to the stationary source and all required records pursuant to Rule 8. (Reference: 40 CFR 70.6(c)(2))

  2. If the stationary source is not in compliance with any federally-enforceable requirement, a schedule of compliance approved by the District hearing board. In addition, a condition that requires submittal of a progress report, as specified pursuant to Rule 33.9.B.4, on the schedule of compliance at least semiannually. (Reference: 40 CFR 70.6(c)(3), 70.6(c)(4))

  3. A requirement that the permittee submit compliance certification pursuant to Rule 33.9.C. (Reference: 40 CFR 70.6(c)(5))

C. Federally-enforceable requirements

All conditions of the Part 70 permit shall be enforceable by the EPA and citizens under the Clean Air Act unless the conditions are specifically designated as not being federally-enforceable. The APCO shall specifically designate as not being federally-enforceable under the federal Clean Air Act any terms and conditions of the Part 70 permit that are not required under the federal Clean Air Act or under any federally-enforceable requirement. (Reference: 40 CFR 70.6(b))