MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

REGULATION II

PERMITS

12/13/2000 Rule 200 (Permits Required)

1

RULE 200. PERMITS REQUIRED

(Adopted 1-19-70; Revised 1-29-73, 7-16-76, 7-18-79; Affirmed unmodified 2-23-83; Revised

12-21-83, 12-17-86; and 12/13/2000.)

CONTENTS

PART 1 GENERAL ......................................................... 1

1.1 Purpose .......................................................... 1

1.2 Applicability ...................................................... 2

1.3 Exemptions ....................................................... 2

1.4 Effective Dates .................................................... 2

1.5 References ....................................................... 2

PART 2 DEFINITIONS ...................................................... 2

PART 3 REQUIREMENTS ................................................... 2

3.1 Authority to Construct .............................................. 2

3.2 Permit to Operate .................................................. 3

3.3 Review of Permits .................................................. 3

3.4 Posting of Permit to Operate .......................................... 3

3.5 Alteration of Permit ................................................ 4

3.6 Control Equipment ................................................. 4

3.7 Violations Prohibited ................................................ 4

PART 4 ADMINISTRATIVE REQUIREMENTS .................................. 4

4.1 Federally Enforceable Permit Conditions ................................. 4

PART 1 GENERAL

1.1 Purpose

The purpose of this Rule is to identify when District permits are required.. 
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

REGULATION II

PERMITS

12/13/2000 Rule 200 (Permits Required)

2

1.2 Applicability

The provisions of this Rule shall apply to any person who builds, erects, alters, or

replaces any article, machine, equipment or other contrivance which may cause the

issuance of air contaminants or the use of which may eliminate or reduce or control the

issuance of air contaminants.

1.3 Exemptions

Exemptions to this Rule are contained in Rule 201 (Sources Not Requiring Permits).

1.4 Effective Dates

This Rule, as most recently revised, is effective on December 13, 2000.

1.5 References

The requirements of this Rule arise from the provisions of the California Clean Air Act

and amendments (Health and Safety Code Sections 40910 et seq.) and Health and Safety

Code Section 42300. Referenced or related District Rules include: 101 (Definitions);

and 201 (Sources Not Requiring Permits).

PART 2 DEFINITIONS

Reserved.

PART 3 REQUIREMENTS

3.1 Authority to Construct

No person shall build, erect, alter, or replace any article, machine, equipment or other

contrivance which may cause the issuance of air contaminants or the use of which may

eliminate or reduce or control the issuance of air contaminants unless the facility owner
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

REGULATION II

PERMITS

12/13/2000 Rule 200 (Permits Required)

3

or operator has obtained a separate written Authority to Construct for each permit unit

from the Air Pollution Control Officer. An Authority to Construct shall remain in effect

until the Permit to Operate the equipment for which the application was filed is granted

or denied or the application is cancelled.

An Authority to Construct allows for temporary operation, until the issuance of a Permit

to Operate, to verify compliance. The temporary operation must be in accordance with

all District Rules and Regulations and the conditions contained on the Authority to

Construct.

3.2 Permit to Operate 

Except as allowed for in Section 3.1 above, before any article, machine, equipment or

other contrivance may be operated or used, a separate written permit shall be obtained

from the Air Pollution Control Officer for each permit unit. No Permit to Operate shall

be granted either by the Air Pollution Control Officer, or the Hearing Board for any

article, machine, equipment or contrivance until the information required is presented to

the Air Pollution Control Officer and such article, machine, equipment or contrivance is

altered, if necessary, and made to conform to the standards set forth in these Rules and

Regulations.

3.3 Review of Permits

The Air Pollution Control Officer may at any time require from an applicant for, or

holder of, any Authority to Construct or Permit to Operate, such information, analyses,

plans or specifications as will disclose the nature, extent, quantity or degree of air

contaminants which are or may be discharged into the atmosphere.

3.4 Posting of Permit to Operate

A person who has been granted a permit to operate any article, machine, equipment, or

other contrivance, shall firmly affix such Permit to Operate, an approved facsimile, or

other approved identification bearing the permit number upon the article, machine,

equipment or other contrivance in such manner as to be clearly visible and accessible. In

the event that the article, machine, equipment, or other contrivance is so constructed or

operated that the Permit to Operate cannot be so placed, the Permit to Operate shall be

mounted so as to be clearly visible in an accessible place within 25 feet of the article,

machine, equipment, or other contrivance, or maintained readily available at all times on

the operating premises. 
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

REGULATION II

PERMITS

12/13/2000 Rule 200 (Permits Required)

4

3.5 Alteration of Permit

A person shall not willfully deface, alter, forge, counterfeit, or falsify any permit issued

under these rules and regulations. 

3.6 Control Equipment

Nothing in this rule shall be construed to authorize the Air Pollution Control Officer to

require the use of machinery, devices, equipment of a particular type or design if the

required emission standard may be consistently met by machinery, devices, equipment,

product, or process change otherwise available. 

3.7 Violations Prohibited

No person shall violate, or fail to comply with, any term or condition of any Authority to

Construct or Permit to Operate issued by the District. Any such noncompliance shall be

a violation of these Rules and Regulations.

PART 4 ADMINISTRATIVE REQUIREMENTS

4.1 Federally Enforceable Permit Conditions

Only those conditions included on an Authority to Construct or a Permit to Operate that

are derived from federal requirements imposed by the federal Clean Air Act or USEPA

regulations shall be federally enforceable.

* * * * *