BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT

Text of currently SIP approved rules:

RULE 4O1 GENERAL REQUIREMENTS

A. No person shall cause or permit the construction or modification of any new source of air 

contaminants without first obtaining an Authority to Construct from the Air Pollution 

Control Officer as to the location and design of such new source to comply with 

applicable Rules and Regulations and ambient air quality standards of the District. 

B. The Air Pollution Control Officer shall not approve such construction or modification 

unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer 

that the new source can be expected to comply with all applicable state laws and District 

Rules and Regulations. 

RULE 4O2 AUTHORITY TO CONSTRUCT

Any person building, erecting, altering or replacing any article, machine, equipment or other 

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

may eliminate or reduce or control the issuance of air contaminants, shall first obtain written 

authorization for such construction from the Air Pollution Control Officer. An Authority to 

Construct shall remain in effect until a permit to operate the equipment for which the 

application was filed is granted or denied or the application is cancelled. 

RULE 403 PERMIT TO OPERATE

Before any article, machine, equipment or other contrivance described in Rule 402 may be 

operated or used, or leased or rented for operation or use, a written permit shall be obtained 

from the Air Pollution Control Officer. 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 described in Rule 402, constructed or installed without authorization as required 

by Rule 402, until the information required pursuant to these Rules and Regulations 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 elsewhere 

in these Rules and Regulations. The equipment shall not be operated contrary to the 

conditions specified in the Permit to Operate.

Any facility, article, machine or other contrivance in existence prior to June 15, 1982 which 

does not possess permits to operate and which emits any controlled pollutant shall obtain the 

necessary permits and pay the required fees as prescribed in Regulation V.

A stationary source subject to Rule 1101 shall obtain a Federal Operating Permit from the 

District under Title V of the Federal Clean Air Act as amended in 1990. The District will 

issue a Federal Operating Permit separately from, and in addition to, the permits required 

pursuant to Regulation IV. The requirements of Rule 1101 shall augment and take 
precedence over conflicting administrative requirements of other provisions of the District's 

Rules and Regulations. 

RULE 4O5 PERMIT CONDITIONS

To assure compliance with all applicable Regulations, the Air Pollution Control Officer may 

impose written conditions on any Authority to Construct or Permit to Operate. Commencing 

work or operation under such a permit shall be deemed acceptance of all the conditions so 

specified. 

RULE 4O6 EMISSIONS CALCULATIONS

The Air Pollution Control Officer shall retain at all times the sole authority relating to 

emissions calculations. Calculations shall be based on the most current information available 

to the District at the time of submittal of the initial application or annual renewal. 

RULE 4O7 ANNIVERSARY DATE

Permits issued prior to the adoption of this Rule shall expire on the next anniversary date of 

issuance. The Air Pollution Control Officer may, at his discretion, combine permit 

anniversary dates for facilities with more than one (1) Permit to Operate. 

RULE 42O STANDARDS FOR GRANTING APPLICATIONS

A. Access to Source Testing Locations

Before an Authority to Construct or Permit to Operate is granted, the Air Pollution Control 

Officer may require the applicant to provide and maintain such facilities as are necessary for 

sampling and testing purposes in order to secure information that will disclose the nature, 

extent, quantity or degree or air contaminants discharged into the atmosphere from the 

article, machine, equipment or other contrivance described in the Authority to Construct or 

Permit to Operate. In the event of such a requirement, the Air Pollution Control Officer shall 

notify the applicant in writing of the required size, number, and location of sampling holes; 

the size and location of the sampling platform; the access to the sampling platform, and the 

utilities for operating the sampling and testing equipment. The platform and access shall be 

constructed in accordance with the General Industry Safety Orders of the State of California.

B. Permit to Operate Denial

In acting upon a Permit to Operate, if the Air Pollution Control Officer finds that the article, 

machine, equipment or other contrivance has not been constructed in accordance with the 

Authoriity to Construct, he shall deny the Permit to Operate. The Air Pollution Control 

Officer shall not accept any further application for a permit to operate the article, machine, 

equipment or other contrivance so constructed until he finds that the article, machine, 

equipment or other contrivance has been reconstructed in accordance with the Authority to 

Construct.
C. Applicants Responsibility

The fact that an Authority to Construct or a Permit to Operate for an article, machine, 

equipment or other contrivance described therein shall have been issued by the Air Pollution 

Control Officer, shall not be an endorsement of such article, machine, or other contrivance, 

nor shall it be deemed or construed to be a warranty, guarantee or representation on the part 

of the Air Pollution Control Officer that emission standards may not be exceeded by such 

article, machine, equipment or other contrivance. In every instance, the person, firm or 

corporation to whom such authorization or permit is issued shall be and remain responsible 

under these regulations for each and every instance wherein emission standards are exceeded 

by the article, machine, equipment or other contrivance described in the permit, and the fact 

of issuance or authorization shall not be a defense to or mitigation of any charge of violation. 

RULE 421 CONDITIONAL APPROVAL

The Air Pollution Control Officer may issue an Authority to Construct or a Permit to Operate 

subject to conditions which will bring the operation of any article, machine, equipment, or 

other contrivance within the permit standards of these Regulations, in which case the 

conditions shall be specified in writing. Commencing work under such an Authority to 

Construct, or operation under such a Permit to Operate, shall be deemed acceptance of all the 

conditions so specified. The Air Pollution Control Officer shall issue an Authority to 

Construct or a Permit to Operate with revised conditions upon receipt of a new application, if 

the applicant demonstrates that the article, machine, equipment or other contrivance can 

operate within the permit standards under the revised conditions. 

RULE 424 STATE IMPLEMENTATION PLAN 

The Air Pollution Control Officer may issue an Authority to Construct for a new stationary 

source or modification which is subject to Rule 430 only if all District Regulations contained 

in the State Implementation Plan approved by the Environmental Protection Agency, are 

being carried out in accordance with that plan.