MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

REGULATION II

PERMITS

11/17/10 Rule 218 (Title V: Federal Operating Permits)

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RULE 218. TITLE V: FEDERAL OPERATING PERMITS 

(Adopted November 17, 1993; Revised September 21, 1994, February 21, 1996, March 26, 1997,

April 18, 2001; and November 17, 2010.)

CONTENTS

PART 1 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.1 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.2 Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.3 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1.4 Effective Dates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1.5 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

PART 2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2.1 Administrative Permit Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

2.2 Air Pollutant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.3 Air Pollution Control Officer (APCO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.4 Air Resources Board (ARB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.5 Carbon Dioxide Equivalent Emissions (CO2e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.6 Certificate of Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.7 District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.8 Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.9 Emissions Allowable Under the Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.10 Federal Clean Air Act and Amendments (the Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.11 Federal Operating Permit (FOP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.12 Federally Enforceable Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.13 Federally Enforceable Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.14 Fugitive Emission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.15 Greenhouse Gases (GHGs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.16 Hazardous Air Pollutant (HAP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.17 Insignificant Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.18 Major Source . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.19 Minor Administrative Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.20 Minor Permit Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.21 National Ambient Air Quality Standards (NAAQS) . . . . . . . . . . . . . . . . . . . . . . . . 11

2.22 Nitrogen Oxides (NOx

) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2.23 Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2.24 PM10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2.25 Potential To Emit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2.26 Responsible Official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

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2.27 Significant Permit Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2.28 State Implementation Plan (SIP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2.29 Stationary Source . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2.30 Sulfur Oxides (SOx

) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2.31 Tank Vessels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2.32 Title I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2.33 Title I Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2.34 Title III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2.35 Title IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2.36 Title V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2.37 Title VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2.38 Total Suspended Particulates (TSP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

2.39 United States Environmental Protection Agency (USEPA) . . . . . . . . . . . . . . . . . . . 15

PART 3 PERMIT ISSUANCE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

3.1 Permit Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

3.2 Permit Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3.3 Completeness Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3.4 Application Shield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3.5 Initial Permit Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

3.6 Permit Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

3.7 Permit Reopenings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

3.8 Permit Revisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

PART 4 PERMIT CONTENT REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

4.1 Incorporation of Federally Enforceable Requirements . . . . . . . . . . . . . . . . . . . . . . . 22

4.2 General Permit Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

4.3 Specific Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

4.4 Permit Shield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

PART 5 ADMINISTRATIVE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

5.1 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

5.2 Availability of Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

5.3 Payment of Title V Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

5.4 Certification by Responsible Official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

5.5 Operational Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

5.6 Injunctive Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

5.7 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

PART 6 MONITORING AND RECORD KEEPING REQUIREMENTS . . . . . . . . . . . . . . . . . 36

6.1 Monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

6.2 Record Keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
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6.3 Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

PART 1 GENERAL

1.1 Purpose

The purpose of this Rule is to provide for the issuance of Federal Operating Permits

(FOPs) which contain all federally enforceable requirements for stationary sources as

required under the provisions of Title V of the Federal Clean Air Act and amendments

(the Act). Such FOPs are in addition to, and not a substitute for, any District permits

required under the provisions of District Rule 200, Permits Required. It is explicitly

acknowledged that the adoption/implementation of this Rule is not intended, nor is it

likely, to result in any significant emission reductions.

1.2 Applicability

The provisions of this Rule shall apply to:

1.2.1 any facility that is a major source; or

1.2.2 any acid rain source, as defined by Title IV of the Act; or

1.2.3 any solid waste incinerator that must comply with Section 129(e) of the Act; or

1.2.4 any other stationary source or category of sources deemed to require a Federal

Operating Permit (FOP) by the United States Environmental Protection Agency

(USEPA).

1.3 Exemptions

The following sources are exempt from the provisions of this Rule unless otherwise

required to obtain a permit under Sections 1.2.2, 1.2.3 and 1.2.4 herein, or, for Sections

1.3.2.2 and 1.3.2.3 herein, unless the Administrator specifies a "lesser quantity cutoff"

which defines "major source" for a particular HAP and/or for a particular source

category:

1.3.1 all stationary sources and source categories that would be required to obtain a permit

solely because they are subject to the following standards:
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1.3.1.1 40 Code of Federal Regulations (CFR) Part 60, subpart AAA - Standards of

Performance for New Residential Wood Heaters; or

1.3.1.2 40 CFR Part 61, subpart M - National Emissions Standard for Hazardous Air

Pollutants (NESHAP) for Asbestos, Section 61.145, Standard for Demolition

and Renovation; or

1.3.2 all stationary sources that have federally enforceable conditions on their District

permit(s) that limit their potential to emit to less than the following amounts:

1.3.2.1 100 tons per year of any air pollutant except greenhouse gasses; and

1.3.2.2 10 tons per year of any one HAP; and

1.3.2.3 25 tons per year of any combination of HAPs; and

1.3.2.4 100,000 tons per year of carbon dioxide equivalent (CO2e) greenhouse gas

emissions.

1.3.3 all stationary sources in compliance with District Rule 436 (Title V: General

Prohibitory Rule).

1.4 Effective Dates

This Rule as revised is effective on November 17, 2010.

1.5 References

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

and its amendments (42 U.S.C Section 7401 et seq.); and USEPA regulations setting

forth the requirements for an Operating Permit Program (Final Rule, 40 CFR Part 70).

PART 2 DEFINITIONS

2.1 Administrative Permit Amendments
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

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An amendment to a permit which:

2.1.1 corrects a typographical error; or

2.1.2 identifies a minor administrative change at the stationary source; or 

2.1.3 makes a change to the certificate of representation from the stationary source; or

2.1.4 requires more frequent monitoring or reporting requirements for the stationary

source; or

2.1.5 transfers ownership or operational control of a stationary source, provided that the

APCO receives a written agreement which specifies a date for the transfer of permit

responsibility, coverage, and liability from the current to prospective permittee. 

2.2 Air Pollutant

2.2.1 All compounds for which an ambient air quality standard has been established by the

USEPA or the Air Resources Board (ARB) and the precursors to such compounds;

and

2.2.2 all compounds regulated by the USEPA under the Act or by the ARB under the

Health and Safety Code; and

2.2.3 all the compounds which the USEPA, after the notice and opportunity for public

comment, publishes in the Federal Register, or the ARB, or the District after public

hearing, determine may have a significant adverse effect on the environment, the

public health, or the public welfare; and 

2.2.4 other compounds including, but not limited to:

a. volatile organic compounds (VOCs), as defined in District Rule 101

(Definitions),

b. nitrogen oxides (NOx

),

c. sulfur oxides (SOx),

d. particulate matter less than 10 micrometers in aerodynamic diameter (PM10),

e. total suspended particulates (TSP),

f. carbon monoxide (CO), and

g. Hazardous Air Pollutants (HAPs).

2.3 Air Pollution Control Officer (APCO)
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The Air Pollution Control Officer for the Monterey Bay Unified Air Pollution Control

District.

2.4 Air Resources Board (ARB)

State of California Air Resources Board.

2.5 Carbon Dioxide Equivalent Emissions (CO2e)

Represents the equivalent amount of greenhouse gases emitted in tons per year as CO2

,

and shall be calculated as follows:

2.5.1 Multiply the mass emissions in tons per year for each greenhouse gas by the gas’s

associated global warming potential published at Table A-1 to Subpart A of 40 CFR

Part 98 - Mandatory Greenhouse Gas Reporting; 

2.5.2 Sum the resultant values for each gas from subsection 2.5.1 to compute the CO2e.

2.6 Certificate of Representation

A certificate which lists the designated and alternative representative of a stationary

source which is subject to the requirements of Title IV of the Act.

2.7 District

The Monterey Bay Unified Air Pollution Control District (MBUAPCD).

2.8 Emergency

Any situation arising from a sudden and reasonably unforeseeable event beyond the

control of a permittee (e.g., an act of God) which causes the exceedance of a

technology-based emission limitation under a permit and requires immediate corrective

action to restore compliance. An "emergency" shall not include noncompliance as a

result of improperly designed equipment, lack of preventive maintenance, careless or

improper operation, or operator error.
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2.9 Emissions Allowable Under the Permit

A federally enforceable permit term or condition determined at issuance to be required

by a federally enforcement requirement that establishes an emissions limit (including a

work practice standard) or a federally enforceable emissions cap that the source has

assumed to avoid a federally enforceable requirement to which the source would

otherwise be subject.

2.10 Federal Clean Air Act and Amendments (the Act)

Federal Clean Air Act and amendments (42 U.S.C Section 7401 et seq.)

2.11 Federal Operating Permit (FOP)

A written permit issued pursuant to this Rule containing all the federally enforceable

conditions, issued by the District to a specific applicant for the operation or use of any

article, machine, equipment and other contrivance which may cause the issuance of air

pollutants.

2.12 Federally Enforceable Conditions

Those conditions on a permit which require compliance with a federally enforceable

requirement.

2.13 Federally Enforceable Requirements

Any requirement set forth in, or required by, the Act or USEPA regulations. Federally

enforceable requirements include:

2.13.1 Title I requirements of the Act, including:

2.13.1.1 New Source Review (NSR) requirements in the state implementation plan

approved by the USEPA and the terms and conditions of the preconstruction

permit issued to the source pursuant to District Rule 207 (Review of New or

Modified Sources); and

2.13.1.2 Prevention of Significant Deterioration (PSD) requirements and the terms and

conditions of the PSD permit (40 CFR Part 52); and
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2.13.1.3 New Source Performance Standards (NSPS) (40 CFR Part 60); and

2.13.1.4 National Ambient Air Quality Standards (NAAQS), increments, and visibility

requirements under Part C of Title I of the Act as they apply to portable sources

required to obtain a permit pursuant to Section 504(e) of the Act; and

2.13.1.5 National Emissions Standards for Hazardous Air Pollutants (NESHAP) (40

CFR Part 61); and

2.13.1.6 Maximum Achievable Control Technology (MACT) or Generally Available

Control Technology (GACT) Standards (40 CFR Part 63) and other federally

promulgated standards pursuant to Section 112 of the Act; and

2.13.1.7 Risk Management Plans (Section 112(r) of the Act); and

2.13.1.8 Solid Waste Incineration requirements (Section 129 of the Act); and

2.13.1.9 Consumer and Commercial Product requirements (Section 183 of the Act); and

2.13.1.10 Tank Vessel requirements (Section 183 of the Act); and

2.13.1.11 Any standard or other requirement provided for in the State Implementation

Plan (SIP) approved or promulgated by USEPA; and

2.13.1.12 Federal Implementation Plan (FIP) requirements; and

2.13.1.13 Enhanced Monitoring and Compliance Certification requirements (Section

114(a)(3) of the Act); and

 

2.13.2 Title III, Section 328 (Outer Continental Shelf) requirements of the Act (40 CFR

Part 55); and

2.13.3 Title IV (Acid Deposition Control) requirements of the Act (40 CFR Parts 72, 73,

75, 76, 77, 78); and

2.13.4 Title VI (Stratospheric Ozone Protection) requirements of the Act (40 CFR Part

82); and

2.13.5 Monitoring and Analysis requirements (Section 504(b) of the Act).

2.14 Fugitive Emission
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Any emission that could not reasonably pass through a stack, chimney, vent or other

functionally equivalent opening.

2.15 Greenhouse Gases (GHGs)

Carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons

(HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

2.16 Hazardous Air Pollutant (HAP)

Any air pollutant listed by the USEPA in the Federal Register pursuant to Section

112(b) of the Act.

2.17 Insignificant Activity

An emissions unit with actual emissions less than:

2.17.1 2 tons per year of any criteria pollutant; and

2.17.2 the lessor of 1,000 pounds per year, the section 112(g) de minimis levels, or other

Title I significant modification levels for Hazardous Air Pollutants and other

toxics as identified in 40 CFR 52.21(b)(23)(i).

2.18 Major Source

Any stationary source (or any group of stationary sources that are located on one or

more contiguous or adjacent properties, and are under common control of the same

person (or persons under common control)) belonging to a single major industrial

grouping. A stationary source or group of stationary sources shall be considered part of

a single industrial grouping if all of the pollutant emitting activities at such source or

group of sources on contiguous or adjacent properties belong to the same major group

(i.e. all have the same two-digit code) as described in the Standard Industrial

Classification Manual, 1987; and is one of the following: 

2.18.1 a stationary source or any group of stationary sources as defined above, that

directly emits, or has the potential to emit, 100 tons per year or more of any air

pollutant except greenhouse gases (including any fugitive emissions of any such

pollutant, as determined by rule by the Administrator.) The fugitive emissions of
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a stationary source shall not be considered in determining whether it is a major

stationary source for the purposes of Section 302(j) of the Act unless the source

belongs to one of the stationary source categories listed in 40 CFR 70.2

"Definitions - Major Source (2)(i-xxvi); or

2.18.2 a stationary source or group of stationary sources that directly emits or has the

potential to emit, in the aggregate 10 tons per year or more of any one hazardous

air pollutant (HAP) (including any fugitive emissions of such pollutant) which has

been listed pursuant to Section 112(b)of the Act; or

2.18.3 a stationary source or group of stationary sources that directly emits or has the

potential to emit, in the aggregate 25 tons per year or more of any combination of

HAPs (including any fugitive emissions of such pollutant) which has been listed

pursuant to Section 112(b)of the Act; or

2.18.4 a stationary source or group of stationary sources that directly emits or has the

potential to emit, in the aggregate, some lesser quantity of a HAP (including any

fugitive emissions of such pollutants) which have been listed pursuant to Section

112(b) of the Act the USEPA may establish by rule; or

2.18.5 effective July 1, 2010, a stationary source or group of stationary sources that

directly emits or has the potential to emit, in the aggregate 100,000 tons per year

or more of carbon dioxide equivalent (CO2e) greenhouse gas emissions and

directly emits, or has the potential to emit, 100 tons per year or more of any

greenhouse gas.

2.19 Minor Administrative Change

A change in the name, address, or phone number of any person identified in a permit.

2.20 Minor Permit Modification

A minor permit modification must be all of the following:

2.20.1 a modification that would not violate any federally enforceable requirement of the

Act; or

2.20.2 a modification that would not involve significant monitoring, reporting, or record

keeping changes; or
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2.20.3 a modification that would not establish or change a case-by-case determination,

such as for an emission limit or standard or a source specific determination for

temporary sources of ambient impacts, or a visibility or air quality increment

analysis; or

2.20.4 a modification that would not establish or change any permit condition used to

avoid a federally enforceable requirement to which the source would otherwise be

subject; or

2.20.5 a modification that is not a Title I modification.

2.21 National Ambient Air Quality Standards (NAAQS)

Air quality standards set by the Administrator of the USEPA to protect public health

and welfare and, in general, consisting of primary and secondary standards. Primary

standards are to protect the public health, while secondary standards are intended to

protect the public welfare, e.g., plants, crops, and materials.

2.22 Nitrogen Oxides (NOx)

The sum of the molecular forms of nitrogen oxide and nitrogen dioxide. When

measured or calculated, the total of the two molecular forms is collectively expressed as

nitrogen dioxide.

2.23 Permit

In this Rule, permit means a Federal Operating Permit (FOP) unless otherwise noted.

2.24 PM10

Particulate matter with aerodynamic diameter smaller than or equal to a nominal 10

micrometers (μm) as measured by an appropriate reference test method.

2.25 Potential To Emit

The maximum capacity of the source to emit an air pollutant based on its physical and

operational design. Any federally enforceable condition on a District permit to operate
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which limits the capacity of a source to emit an air pollutant shall be treated as part of

its design. The federally enforceable condition(s) may include limits on emissions,

requirements for air pollution control equipment, restrictions on hours of operation, or

on the type or amount of material combusted, stored, or processed that are established

pursuant to SIP, NSPS, NESHAP requirements or in a federally enforceable

preconstruction review program.

2.26 Responsible Official

An individual with the authority to certify that a source complies with the requirements

of this Rule. Responsible official means one of the following:

2.26.1 for a corporation, a president, secretary, treasurer, or vice-president of the

corporation in charge of a principal business function, or any other person who

performs similar policy or decision-making functions for the corporation, or a

duly authorized representative of such person if the representative is responsible

for the overall operation of one or more manufacturing, production, or operating

facilities applying for or subject to a permit and either:

2.26.1.1 the facilities employ more than 250 persons or have gross annual sales or

expenditures exceeding $25 million (in second quarter 1980 dollars) or;

2.26.1.2 the delegation of authority to such representatives is approved in advance by

the APCO.

2.26.2 for a partnership or sole proprietorship, a general partner or the proprietor,

respectively;

2.26.3 for a municipality, state, federal, or other public agency, either a principal

executive officer or a ranking elected official.

2.26.4 for affected sources:

2.26.4.1 the designated representative in so far as actions, standards, requirements, or

prohibitions under Title IV of the Act or the regulations promulgated

thereunder are concerned; and 

2.26.4.2 the designated representative for any other purposes under Part 70.

2.27 Significant Permit Modification
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Any modification to a federally enforceable condition on a permit to operate which is

not a minor permit modification or an administrative permit amendment and which:

2.27.1 involves any significant change as specified in the USEPA's Title I regulations in

40 CFR Parts 51, 52, 60, 61 and 63; or 

2.27.2 significantly changes monitoring conditions; or

2.27.3 provides for the relaxation of any reporting or record keeping conditions; or

2.27.4 involves a case-by-case determination of any emission standard or other

requirement; or

2.27.5 involves a source specific determination for ambient impacts, visibility analysis,

or air quality increment analysis on portable sources; or

2.27.6 incorporates any newly federally enforceable requirement promulgated by the

USEPA under the authority of the Act after issuance of the permit provided that

three or more years remain on the permit term; or

2.27.7 involves a permit term or condition which allows a source to avoid a federally

enforceable requirement, including:

2.27.7.1 a federally enforceable emission cap pursuant to Title I of the Act; or

2.27.7.2 an alternative HAP emission limit pursuant to Section 112(i)(5) of the Act.

2.28 State Implementation Plan (SIP)

The plan which is required by the Act to be submitted by each state, and approved by

the USEPA, to achieve and maintain federal ambient air quality standards (NAAQS).

2.29 Stationary Source

Any building, structure, facility, or installation which emits or may emit any air

pollutant directly or as a fugitive emission.

2.30 Sulfur Oxides (SOx

)
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The sum of the molecular forms of sulfur oxide and sulfur dioxide.

2.31 Tank Vessels

As defined in 46 U.S.C.A. 2101, a tank vessel is any vessel which: transfers, carries, or

is constructed or adapted to carry, oil, other organic liquid, or hazardous material in

bulk, or as a cargo residue, in a port or place subject to the jurisdiction of the United

States.

2.32 Title I

Title I (Air Pollution Prevention and Control) of the Act.

2.33 Title I Modification

Any modification which is subject to any provision of Title I of the Act.

2.34 Title III

Title III (Hazardous Air Pollutants) of the Act.

2.35 Title IV

Title IV (Acid Deposition Control) of the Act.

2.36 Title V

Title V (Federal Operating Permits Program) of the Act.

2.37 Title VI

Title VI (Stratospheric Ozone Protection) of the Act.

2.38 Total Suspended Particulates (TSP)
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Any airborne finely divided solid or liquid material with an aerodynamic diameter less

than 100 micrometers (μm).

2.39 United States Environmental Protection Agency (USEPA)

The Administrator or appropriate delegate of the United States Environmental

Protection Agency.

PART 3 PERMIT ISSUANCE REQUIREMENTS

3.1 Permit Applications

3.1.1 Applications for initial permits must be submitted no later than 12 months after a

source becomes subject to the District-administered Federal Operating Permit

Program. 

3.1.1.1 An existing source is subject upon approval of the District-administered

Federal Operating Permit Program by the USEPA.

3.1.1.2 A new source is subject on the date of commencement of operation.

3.1.2 For permit renewal, applications must be submitted at least 6 months but no greater

than 18 months prior to permit expiration.

 

3.1.3 Applications for phase II Acid Rain Permits must be submitted by January 1, 1996

for SOx

 and January 1, 1998 for NOx.

3.1.4 Sources required to meet the requirements under Section 112(g) of the Act, or to

have a permit under the preconstruction review program approved into the applicable

implementation plan under part C or D of Title I of the Act, shall file a complete

application to obtain a federal operating permit or permit revision within 12 months

after commencing operation or on or before such earlier date as the District may

establish. Where an existing federal operating permit would prohibit such

construction or change in operation, the source must obtain a permit revision before

commencing operation.

3.1.5 The applicant must submit supplemental information and corrections upon becoming

aware that it has submitted incorrect information or failed to submit relevant facts. 
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The applicant must submit additional information as necessary to address any

requirements that become applicable after submitting a complete application but

prior to the release of the draft permit.

3.1.6 The applicant must use the District's permit application forms and the application

must include the following information:

3.1.6.1 Information identifying the source; and

3.1.6.2 Description of processes and products (by Standard Industrial Classification

Code) including any associated with proposed alternative operating scenarios;

and

3.1.6.3 A listing of all existing emissions units, including insignificant activities, at the

stationary source and identification and description of all points of emissions

from the emissions units in sufficient detail to establish the federally

enforceable requirements; and

3.1.6.4 Citation and description of all federally enforceable requirements, information

and calculations used to determine the applicability of such requirements and

other information that may be necessary to implement and enforce such

requirements; and

3.1.6.5 Description of or reference to any applicable test method for determining

compliance with each federally enforceable requirement; and

3.1.6.6 Calculation of all emissions, including fugitive emissions and insignificant

activities, in tons per year and in such terms as are necessary to establish

compliance with all federally enforceable requirements; and

3.1.6.7 As these affect emissions from the source, the identification of fuels, fuel use,

raw materials, production rates, operation schedules, limitations on source

operation or workplace practices and the calculations on which these are based;

and

3.1.6.8 An explanation of any proposed exemptions from otherwise federally

enforceable requirements; and

3.1.6.9 An identification and description of air pollution control equipment and

compliance monitoring devices or activities; and

3.1.6.10 Other information required by a federally enforceable requirement; and
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3.1.6.11 The information needed to define permit terms or conditions implementing a

source's options for operational flexibility, including alternative operating

scenarios, pursuant to Sections 4.2.7, 4.2.8 and 5.5; and

3.1.6.12 A compliance plan and compliance schedule with the following:

3.1.6.12.1 A description of the compliance status of each emissions unit within the

stationary source with respect to federally enforceable requirements

including any applicable enhanced monitoring and compliance

certification requirements of the Act, and

3.1.6.12.2 A statement that the source will continue to comply with such federally

enforceable requirements with which the source is complying, and

3.1.6.12.3 A statement of the methods used for determining compliance, including a

description of monitoring, record keeping, and reporting requirements

and test methods, and

3.1.6.12.4 A schedule for submission of compliance certifications during the permit

term, to be submitted no less frequently than annually, or more frequently

if specified by the underlying federally enforceable requirement or by the

District, and

3.1.6.12.5 A statement that the source will comply, on a timely basis, with federally

enforceable requirements that will become effective during the permit

term, and

3.1.6.12.6 A description of how the source will achieve compliance with

requirements for which the source is not in compliance; and

3.1.6.13 For a source not in compliance with a federally enforceable requirement at the

time of permit issuance or renewal, a schedule of compliance approved by the

District hearing board that identifies remedial measures including an enforceable

sequence of actions, with specific increments of progress, a final compliance date,

testing and monitoring methods, record keeping requirements, and a schedule for

submission of certified progress reports to the USEPA and the APCO at least

every 6 months. This schedule of compliance shall resemble and be at least as

stringent as that contained in any judicial consent decree or administrative order to

which the source is subject; and

3.1.6.14 Any application form, report, or compliance certification submitted pursuant to

these regulations shall contain certification by a responsible official that meets the
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requirements of Section 5.4.1 herein; and

3.1.6.15 For a source with an acid rain unit, an application shall include the elements

required by 40 CFR Part 72; and

3.1.6.16 For a source of HAPs required to prepare a risk management plan pursuant to

Section 112(r) of the Act, the application shall include verification that such a

plan has been submitted to the authorized implementing agency or a compliance

schedule for the submittal of such a plan; and

3.1.6.17 For proposed portable sources, an application shall identify all locations of

potential operations and how the source will comply with all federally enforceable

requirements at each location.

3.2 Permit Term

The permit will be issued and valid for a period of five years upon payment of the fees

prescribed in Section 5.3 of this Rule. 

3.3 Completeness Determination

The District shall determine an application to be complete only if all items listed in

Section 3.1.6 are submitted along with the applicable filing fee pursuant to District Rule

308. The District shall make the completeness determination within the following time

frames:

3.3.1 For an initial permit, permit renewal, or a significant permit modification, the

application shall be deemed to be complete 60 days after receipt unless the District

notifies the facility that the application is not complete.

3.3.2 For a minor permit modification, the application shall be deemed to be complete 30

days after receipt unless the District notifies the facility that the application is not

complete.

3.4 Application Shield

Except as provided in the following sentence, no source may operate after the time that

it is required to submit a timely and complete application pursuant to Rule 218, except

in compliance with a permit issued pursuant to Rule 218. If a timely and complete
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application for permit issuance (including renewal) is submitted for a source subject to

Rule 218, the failure of that source to operate with a permit issued under the

requirements of Rule 218 shall not be a violation of the requirements of Rule 218 until

the District takes final action on the permit application. The source may operate under

the shield of the timely and complete application. The application shield is not

applicable if there is a delay in final action on the application due to failure of the

responsible official of the source to submit timely information required or requested by

the District to process the application. No source shall be in violation of this Rule

before the date on which the source is required to submit an application under Section

3.1 of this Rule. The application shield does not alter any requirement for

preconstruction permits. Until final action is taken on an application for renewal of a

FOP, the source shall continue to operate under the requirements of its existing FOP.

3.5 Initial Permit Issuance

3.5.1 The District must take final permitting action no later than 18 months after receipt of

a complete application with the following exception:

3.5.1.1 An initial permit for an existing source commencing operation on or before the

effective date of this Rule, shall be issued no later than 3 years after the

effective date of this Rule.

3.5.2 The draft permit shall be forwarded to the USEPA for a 45-day review period. The

District shall not issue a permit to which the USEPA objects.

 3.5.2.1 If the USEPA objects to the issuance of the permit, the District has 90 days

from the date of the objection to revise and resubmit the draft permit in

response to the objection. If the District fails to do so, the USEPA shall issue

or deny the permit.

3.5.3 The APCO shall provide public notification as specified in 40 CFR 70.7(h)(2) of the

intent to issue, significantly modify, or renew a permit. The notification shall be

published in at least one newspaper of general circulation within the District and by

other means if necessary to assure adequate notice to the affected public, and sent to

any individual submitting a written request to the APCO for notification, inviting

written public comment for a 30-day period following the date of publication. 

During this period the APCO may elect to hold a public meeting to receive oral

comments from the public. The APCO will announce any such hearing 30 days prior

to the date of the scheduled hearing and will consider all such comments before

issuing the final permit. The APCO shall keep a record of the commenters and of the

issues raised during the public participation process so that the Administrator of the
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USEPA may fulfill their obligation to determine whether a citizen petition may be

granted.

3.5.3.1 If the permit is revised due to comments received from the public, the revised

permit will be forwarded to USEPA for an additional 45-day review period.

3.5.4 Any member of the public may petition the USEPA within 60 days after the

expiration of the USEPA's 45-day review period to object to the issuance of the final

permit. This petition shall be based only on objections that were raised with

reasonable specificity during the public comment period provided for in Section

3.5.3, 3.5.3.1 of this Rule, unless the petitioner demonstrates that it was

impracticable to raise the issue during that time period. If the USEPA objects to the

permit as a result of this petition, the District shall not issue the final permit until the

USEPA's objection has been resolved, except that a petition for review does not stay

the effectiveness of a permit or its requirements if the permit was issued after the end

of the 45-day review period and prior to a USEPA objection. 

3.5.5 Upon expiration of the 30-day public review period and approval of the draft permit

by the USEPA, the District shall issue the final permit and send a copy to the

USEPA.

3.6 Permit Renewal

The renewal process for the permit is subject to the same procedural requirements as the

initial permit issuance as provided for in Section 3.5 herein. Permit expiration

terminates the source's right to operate unless a timely and complete renewal application

is submitted pursuant to Section 3.1.2 herein.

3.7 Permit Reopenings

3.7.1 After a 30-day notice to the facility, a permit shall be reopened under the

circumstances listed in Sections 3.7.1.1 to 3.7.1.3 and reissued by the District

following the procedural requirements for initial permit issuance. The permit

reopening shall affect only those parts of the permit for which the following causes to

reopen exist:

3.7.1.1 additional federally enforceable requirements under the Act have become

applicable to the source with a remaining permit term of at least 3 years, such

reopening shall be completed no later than 18 months after promulgation of the

federally enforceable requirement; or
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3.7.1.2 the District or the USEPA 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

3.7.1.3 the USEPA or the District determines that the permit must be revised to assure

compliance with the federally enforceable requirements.

3.8 Permit Revisions

3.8.1 Administrative Permit Amendments

Permit revisions for administrative permit amendments shall be completed within 60

days of notification. The administrative permit revision procedures are as follows: 

3.8.1.1 the source may make changes immediately upon filing a complete application;

and

3.8.1.2 the District shall issue the revised permit and send a copy to the USEPA.

3.8.2 Minor Permit Modifications

Minor permit modifications shall be completed within 90 days of receipt of the

application or 15 days after the end of the 45-day USEPA review period, whichever

is later.

3.8.2.1 Within the above specified time frame the District shall:

3.8.2.1.1 Issue the permit modification as proposed;

3.8.2.1.2 Deny the permit modification application;

3.8.2.1.3 Determine that the requested modification does not meet the minor

permit modification criterial and should be reviewed under the

significant modification procedures; or

3.8.2.1.4 Revise the draft permit modification and transmit to the USEPA the new

proposed permit modification.

3.8.2.2 The minor permit modification procedure is as follows:
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3.8.2.2.1 The District shall notify USEPA within 5 days of receipt of a complete

application for the minor permit modification; and

3.8.2.2.2 the draft permit shall be forwarded to the USEPA for a 45-day review

period; and

3.8.2.2.3 if the USEPA objects to the issuance of the permit, the District has 90 days

to revise and resubmit the draft permit. If the District fails to do so, the

USEPA shall issue or deny the permit. Otherwise, the District shall issue

the revised permit and send a copy to the USEPA.

3.8.3 Significant Permit Modifications

The procedural requirements for significant permit modifications are the same as for

initial permit issuance under the provisions of Section 3.5 herein.

PART 4 PERMIT CONTENT REQUIREMENTS

Any permit issued pursuant to this Rule shall include all of the following requirements:

4.1 Incorporation of Federally Enforceable Requirements

The permit shall incorporate conditions to assure compliance with any federally

enforceable requirement listed in Sections 2.12, 4.2 and 4.3 herein. The following

procedure shall be used to incorporate a federally enforceable requirement as a permit

condition:

4.1.1 All permit conditions that address non-federally enforceable requirements shall be

specifically identified in the permit or otherwise distinguished from any requirement

that is federally enforceable; and

4.1.2 Where a federally enforceable requirement and a similar requirement apply to the

same emissions unit and are mutually exclusive (e.g., require different air pollution

control technology), the requirement implemented in the preconstruction permit shall

be incorporated as a permit condition and the other requirement shall be referenced.

4.2 General Permit Requirements
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4.2.1 Each permit shall include the following provisions:

4.2.1.1 The permittee must comply with all conditions on the federal operating permit. 

Any permit noncompliance constitutes a violation of the Act and is grounds for

enforcement action; for permit termination, revocation and reissuance, or

modification; or for denial of a permit renewal application.

4.2.1.2 The need to halt or reduce activity is not a defense. It shall not be a defense for

a permittee in an enforcement action that it would have been necessary to halt

or reduce the permitted activity in order to maintain compliance with the

conditions of this permit.

4.2.1.3 The permit may be modified, revoked, reopened, and reissued, or terminated

for cause. The filing of a request by the permittee for a permit modification,

revocation and reissuance, or termination, or of a notification of planned

changes or anticipated noncompliance does not stay any permit condition.

4.2.1.4 The permit does not convey any property rights of any sort, or any exclusive

privilege.

4.2.1.5 The permittee shall furnish to the District, within a reasonable time, any

information that the District may request in writing to determine whether cause

exists for modifying, revoking and reissuing, or terminating the permit or to

determine compliance with the permit. Upon request, the permittee shall also

furnish to the District copies of records required to be kept by the permit or, for

information claimed to be confidential, the permittee may furnish such records

directly to the Administrator along with a claim of confidentiality.

4.2.2 Preconstruction Permit Requirements

Each permit shall include all of the preconstruction permit conditions for each

emissions unit. 

4.2.3 New Source Performance Standards

Each permit shall require compliance with any applicable federal NSPS as set forth

in 40 CFR Part 60. 

4.2.4 Federal or State Implementation Plan Requirements
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Each permit shall require compliance with any standard or other requirement set

forth in the applicable implementation plan as defined in Section 301 of the Act.

4.2.5 Operational and Emissions Limitations

Each permit shall include emission limitations and standards, including any

operational requirements and limitations, that assure compliance with all federally

enforceable requirements at the time of permit issuance. The origin of and authority

for each term and condition shall be specified in the permit, and any difference in

form as compared to the federally enforceable requirement upon which the term or

condition is based will be identified.

4.2.6 Equipment Identification

Each permit shall identify the equipment to which each permit condition applies.

4.2.7 Alternative Operating Scenarios

Where the responsible official requests that an alternative operating scenario be

included in the permit for an emissions unit, the permit shall contain specific

conditions for each operating scenario, including each alternative operating scenario. 

Each operating scenario identified in the permit must meet all federally enforceable

requirements and all of the requirements of this Section. Furthermore, the source is

required to maintain a log to record each change made from one operating scenario to

another, such changes to be recorded as they are made.

4.2.8 Emissions Caps

When the responsible official requests that the APCO permit two or more emissions

units under an emission cap, the permit for each emissions unit shall include terms

and conditions for the trading of emissions increases and decreases in the permitted

facility, to the extent that the federally enforceable requirements provide for trading

such increases and decreases without a case-by-case approval of each emissions

trade. Such terms and conditions shall include all terms required under Section 4.2

herein.

4.2.8.1 An emissions cap shall not allow emissions from any one emissions unit to

exceed any applicable individual emission limit or other requirement; and

4.2.8.2 Any individual emission limit or other requirement for an emissions unit shall

be enforced through continuous emission monitoring, where applicable; and
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4.2.8.3 If an emissions cap is exceeded, all affected emissions units under the

emissions cap shall be considered to be operating in violation of the permit. 

4.2.9 Monitoring, Testing, and Analysis

Each permit shall contain conditions for all of the monitoring and analysis

procedures, and test methods required to be performed to demonstrate compliance,

including those pursuant to Sections 114(a)(3) and 504(b) of the Act, and 40 CFR

Part 64. Periodic evaluations shall be required as a condition to ensure that the data

collected are sufficient to represent the source's compliance with permit conditions

over the evaluation period.

Additionally, where the federally enforceable requirement does not require periodic

testing or monitoring, the permit shall include periodic monitoring sufficient to yield

reliable data from the relevant time period that are representative of the source's

compliance with the permit. Such monitoring requirements shall assure use of terms,

test methods, averaging periods, and other statistical conventions consistent with the

federally enforceable requirement.

4.2.10 RECORD KEEPING

Each permit shall incorporate all applicable record keeping requirements and require:

4.2.10.1 creation of records of all monitoring data and information that include the

following:

4.2.10.1.1 The date, place as defined in the permit, and time of sampling or

measurement, and

4.2.10.1.2 The date(s) analyses were performed, and

4.2.10.1.3 The company or entity that performed the analyses, and

4.2.10.1.4 The analytical techniques or methods used, and

4.2.10.1.5 The results of such analyses, and

4.2.10.1.6 The operating conditions as existing at the time of sampling or

measurement; and

4.2.10.2 retention of records of all required monitoring data and information sufficient

to demonstrate compliance with any federally enforceable requirements for a
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period of at least 5 years from the date of sample collection, measurement, or

application; and

4.2.10.3 maintenance of any other record keeping deemed necessary by the APCO to

demonstrate compliance with all federally enforceable requirements.

4.2.11 Reporting

Each permit shall contain all applicable reporting requirements and conditions that

require:

4.2.11.1 Monitoring reports shall be submitted at least every six months; and

4.2.11.2 each monitoring report shall be accompanied by a written statement from the

responsible official which certifies the truth, accuracy, and completeness of the

report; and

4.2.11.3 each report shall clearly identify any deviation from permit requirements; and

4.2.11.4 any deviation from permit requirements shall be also reported to the District

within 96 hours of occurrence. The report shall include deviations attributable

to upset conditions (as defined in the permit), the probable cause of any

deviation, and any corrective actions or preventive measures taken.

4.2.12 Compliance Plan

Each permit shall include a compliance plan which assures that:

4.2.12.1 each emissions unit will remain in continuous compliance with each applicable

permit condition; and

4.2.12.2 each emissions unit will meet any future federally enforceable requirement on a

timely basis; and

4.2.12.3 a narrative description of how each emissions unit that is not in compliance at

the time of permit issuance will achieve compliance.

4.2.13 Compliance Schedule

Each permit shall include a compliance schedule for each emissions unit which is

not in compliance with current requirements. The compliance schedule shall:
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4.2.13.1 list all preventive or corrective activities, and the dates when these activities

will be accomplished, for each condition with which the emissions unit is not

in compliance; and

4.2.13.2 provide the schedule of progress reports certified and submitted by the

responsible official on at least a semiannual basis. This report must include the

dates when "corrective activities" were actually accomplished and an

explanation of why any dates in the schedule of compliance were not or will

not be met, and any preventive or corrective measures adopted; and

4.2.13.3 resemble and be at least as stringent as that contained in any judicial consent

decree or administrative order to which the source is subject. Any such

schedule of compliance shall be supplemental to and shall not sanction

noncompliance with, the federally enforceable requirements on which it is

based.

4.2.14 Compliance Certification

Each permit shall require the responsible official to certify every 12 months, or

more frequently as specified in the federally enforceable requirement or by the

APCO, that the emissions unit complies with all permit conditions. The

certification of compliance shall be submitted to the APCO and the USEPA and

must include the following:

4.2.14.1 identification of each term or condition of the permit that is the basis of the

certification; and 

4.2.14.2 the compliance status; and 

4.2.14.3 whether compliance was continuous or intermittent; and

4.2.14.4 the method(s) used for determining the compliance status of the source,

currently and over the reporting period.

4.2.15 Emergency Provisions

The permit shall include the following emergency provision:

4.2.15.1 the responsible official shall submit to the District a properly signed

contemporaneous log or other relevant evidence which demonstrates: 

4.2.15.1.1 an emergency occurred; and
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4.2.15.1.2 the permittee can identify the cause(s) of the emergency; and

4.2.15.1.3 the facility was being properly operated at the time of the emergency; and

4.2.15.1.4 all steps were taken to minimize the emissions resulting from the

emergency; and

4.2.15.1.5 within two working days of the emergency event, the permittee provided

the District with a description of the emergency and any mitigating or

corrective actions taken;

4.2.15.2 In any enforcement proceeding, the permittee has the burden of proof for

establishing that an emergency occurred; and 

4.2.15.3 In addition to the emergency provisions above, the permittee shall comply with

the emergency or upset provisions contained in all federally enforceable

requirements and District Rule 214.

4.2.16 Severability

Each permit shall include a severability clause to ensure the continued validity of

otherwise unaffected permit requirements in the event of a challenge to any

portion(s) of the permit.

4.2.17 Right of Entry

Each permit shall require that the source allow the entry of District, ARB, or

USEPA officials for the purpose of inspections and sampling as authorized by

law, including:

4.2.17.1 inspection of the stationary source, including equipment, practices, operations,

and emission-related activity; and

4.2.17.2 inspection and duplication of records required by the permit to be maintained;

and

4.2.17.3 source sampling or other monitoring activities.

4.2.18 Permit Life

With the exception of solid waste incinerators subject to Section 129(e) of the

Act, each permit to operate for any source shall include a condition for a fixed
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term of five years from the date of issuance. A permit to operate for a solid waste

incinerator shall have a permit term of 12 years; however, the permit shall be

reviewed at least every five years.

4.2.19 Payment of Fees

Each permit shall include a condition to ensure that appropriate permit fees are

paid on schedule. The condition shall require the permit to be forfeited if fees are

not paid on schedule.

4.2.20 Certification by a Responsible Official

Each permit shall require that any document (including reports) required by the

permit shall contain a certification by a responsible official that meets the

requirements of Section 5.4.1 herein.

4.3 Specific Requirements

Conditions addressing specific requirements shall be included in the FOPs for certain

sources, including but not limited to: 

4.3.1 Sources of Hazardous Air Pollutants

The permit for a HAP source shall include conditions which require compliance with

any federal standard or other requirement promulgated pursuant to Section 112 of the

Act, and any District standard or requirement pertaining to toxic air contaminants,

including:

4.3.1.1 any National Emissions Standard for Hazardous Air Pollutant (NESHAP)

promulgated pursuant to 40 CFR Part 61 prior to November 15, 1990, until

such standard is superseded; and

4.3.1.2 any federal MACT, GACT, or other standard or requirement, including any

District MACT standard, adopted to satisfy a federal requirement pursuant to

Section 112(d), (f), (g), and (j) of the Act; however, compliance with such

requirements may be postponed pursuant to Section 112(i) of the Act; and

4.3.1.3 any requirement for a risk management plan promulgated pursuant to Section

112(r) of the Act;

4.3.2 Sources of Stratospheric Ozone Depleters
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The permit for sources of stratospheric ozone depleters listed in 40 CFR Part 82,

Appendices A and B (Class I and II substances) shall include conditions which

require compliance with any federal standard or other requirement for stratospheric

ozone protection promulgated pursuant to Title VI of the Act;

4.3.3 Portable Sources

A permit issued to any portable source (no acid rain sources shall be permitted as

portable sources), which may operate at two or more locations, shall contain

conditions that require the portable source to:

4.3.3.1 meet all applicable District, state, and federal requirements for each location;

and

4.3.3.2 specify the monitoring methods or other methods (e.g., air quality modeling)

approved by the APCO, that will be used to demonstrate compliance with all

applicable District, state, and federal requirements; and

4.3.3.3 notify the APCO 10 working days prior to a change in location;

4.3.4 Consumer or Commercial Products

The permit shall include conditions which require compliance with any federal

standard or other requirement promulgated pursuant to Section 183(e) of the Act

which is applicable to manufacturers, processors, wholesale distributors, or importers

and suppliers of such entities, of consumer or commercial products for sale or

distribution in interstate commerce in the United States. The term "consumer or

commercial product" means any substance, product (including paints, coatings, and

solvents), or article (including any container or packaging) held by any person, the

use, consumption, storage, disposal, destruction, or decomposition of which may

result in the release of volatile organic compounds. The term does not include fuels

or fuel additives regulated pursuant to Section 211 of the Act or motor vehicles, nonroad vehicles, and non-road engines as defined in Section 216 of the Act; 

4.3.5 Electric Utility Units

The permit for an electric utility unit shall include conditions which require

compliance with any federal standard or requirement promulgated pursuant to Title

IV (Acid Deposition Control) of the Act and any standard or requirement

promulgated pursuant to Title V of the Act, except as modified by Title IV. Phase I

and II requirements of the acid deposition control program include:
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4.3.5.1 a copy of the certificate of representation submitted to the USEPA in

accordance with 40 CFR Part 72; and

4.3.5.2 any continuous emission monitoring requirement promulgated pursuant to 40

CFR Part 75, including: the installation, operation and certification of

equipment by November 15, 1993 for units covered under phase I; and by

January 1, 1995, or within 90 days of the start of commercial operation,

whichever is later, for units covered under phase II; and 

4.3.5.3 the submission of quality assurance and quarterly monitoring reports; and

4.3.5.4 any application requirement for an Acid Rain Permit pursuant to Section 3.1.3

herein; and

4.3.5.5 any emissions limitation, including requirements that:

4.3.5.5.1 an electric utility unit not exceed the annual sulfur dioxide emission

allowances allocated in 40 CFR Part 73 which allows a unit to emit one

ton per year of sulfur dioxide for each emission allowance allotted while

not allowing use of the allowances as a defense for non-compliance with

the requirements of District Rule 207 (Review of New or Modified

Sources) or any other applicable rules and regulation, and

4.3.5.5.2 an electric utility unit not exceed the nitrogen oxides emission limitations

promulgated pursuant to 40 CFR Part 76 for units subject to phase I and

coal-fired units subject to phase II and for which permits shall be

reopened, before January 1, 1999, to include NOx

 requirements; and

4.3.5.6 any required compliance plan, or other requirement, for repowering units in

accordance with 40 CFR Part 72;

4.3.6 Solid Waste Incinerators

The permit for a solid waste incinerator shall include conditions which require

compliance with any emission limitation or other requirement promulgated pursuant

to Section 111 or 129 of the Act;

4.3.7 Tank Vessels

The permit for any tank vessel, which loads or unloads in the District, shall include

conditions which require compliance with any federal standard or other requirement

promulgated pursuant to Section 183(f) of the Act, or any state or District standard or
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requirement;

4.3.8 Outer Continental Shelf (OCS) Sources

The permit for any OCS source shall include conditions which require compliance

with any federal standard or other requirement promulgated pursuant to Section 328

of the Act and any state ambient air quality standard promulgated to comply with

Part C of Title I of the Act. The same state and District requirements for emissions

controls, emission limitations, emission offsets, permitting, monitoring, testing, and

reporting that apply to sources onshore located in the District shall apply to OCS

sources within 25 miles of the seaward boundary of the District. As defined in

Section 328(a)(4)(C) of the Act, an OCS source includes any equipment, activity, or

facility which:

4.3.8.1 emits, or has the potential to emit, any air pollutant (the emissions from any

vessel within 25 miles, which services or is associated with the OCS source,

shall be included in the calculation of the source's potential to emit), and

4.3.8.2 is regulated, or authorized, under the Outer Continental Shelf Lands Act, and

4.3.8.3 is located on the outer continental shelf or in, or on, waters above the outer

continental shelf.

And at the request of the applicant, the FOP shall include the following:

4.4 Permit Shield

4.4.1 A provision stating that compliance with the conditions of the FOP shall be deemed

compliance with any applicable requirements as of the date of FOP issuance,

provided that:

4.4.1.1 Such applicable requirements are included and are specifically identified in the

FOP; or

4.4.1.2 The District, in acting on the FOP application or revision determines in writing

that other requirements specifically identified are not applicable to the source,

and the FOP includes the determination or a concise summary thereof.

4.4.2 A FOP that does not expressly state that a permit shield exists shall be presumed not

to provide such a shield.
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4.4.3 The permit shield shall not alter or affect the following:

4.4.3.1 The provisions of Section 303 of the Act (emergency orders), including the

authority of the Administrator under that section;

4.4.3.2 The liability of an owner or operator of a source for any violation of applicable

requirements prior to, or at the time of FOP issuance;

4.4.3.3 The applicable requirements of the acid rain program, consistent with Section

408(a) of the Act;

4.4.3.4 The ability of USEPA to obtain information from a source pursuant to Section

114 of the Act.

PART 5 ADMINISTRATIVE REQUIREMENTS

5.1 Confidentiality

5.1.1 Information entitled to confidentiality protection consists of items specified at

Section 114(c) of the Act, except:

 

 5.1.1.1 the contents of the permit shall not be entitled to the confidentiality protection

under Section 114(c) of the Act.

5.2 Availability of Information

All information, except as noted in Section 5.1, submitted to the District pursuant to this

Rule shall be made available to the public.

5.3 Payment of Title V Fees

5.3.1 All permit applicants shall pay the applicable filing fee set forth in District Rule 308

upon submittal of their permit application. The application is not deemed complete

until this filing fee is paid.

5.3.2 All permit applicants shall, in addition to the filing fee, pay the applicable permit

evaluation fee set forth in District Rule 308.
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5.3.3 Annual Federal Operating Permit Fees (AFOPFs) required under the provisions of

District Rule 308 are due on an annual basis commencing one year after the date of

permit issuance. These annual fees shall be calculated as set forth in District Rule

308.

5.4 Certification by Responsible Official

5.4.1 Any application form, report, or compliance certification submitted pursuant to this

Rule shall contain certification by a responsible official of truth, accuracy, and

completeness. This certification and any other certification required under this Rule

shall state that, based on information and belief formed after reasonable inquiry, the

statements and information in the document are true, accurate, and complete.

5.5 Operational Flexibility

5.5.1 Upon request of the owner or operator, the APCO may allow certain changes in

facility operations without requiring a permit revision. The changes allowed under

this Section shall not apply to changes in operations that constitute a significant or

minor permit modification under this Rule or a modification District Rule 207, or

that result in an exceedance of the emissions allowable under the permit. This

Section shall apply to requests for: 

5.5.1.1 the use of alternative operating scenarios for which the terms and conditions

are: identified by the owner or operator in the permit application, approved in

advance by the District, specified in the permit conditions, and in compliance

with all federally enforceable requirements; and a log shall be maintained at the

facility at all times that records the scenario under which it is operating; or

5.5.1.2 the use of a voluntary facility-wide emission limit for the purpose of emissions

trading within the facility if all existing emission limits and performance

standards for emission units and operations remain in effect, and the terms and

conditions for the facility-wide emission limits are:

5.5.1.2.1 identified by the owner or operator in the permit application; and

5.5.1.2.2 approved in advance by the District as quantifiable and enforceable; and

5.5.1.2.3 specified in the permit conditions; and

5.5.1.2.4 in compliance with all federally enforceable requirements; and
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5.5.1.2.5 the facility provides both the District and USEPA with written

notification a minimum of 14 days in advance of the proposed changes.

5.5.1.2.5.1 The notification shall state when the change will occur and shall

describe the changes in emissions that will result and how these

increases and decreases in emissions will comply with the terms and

conditions of the permit; or

5.5.1.3 changes that contravene an express permit term provided such changes do not

violate federally enforceable requirements or contravene federally enforceable

permit terms and conditions that are monitoring, record keeping, reporting, or

compliance certification requirements, if the District and USEPA receive

written notice from the owner or operator at least 30 days before making the

change, and all of the following conditions are met:

5.5.1.3.1 the change does not cause or allow any exceedance of any emission

limitation or emission standard which limits the quantity, rate, or

concentration of emissions of air pollutants on a continuous basis,

including any requirement relating to the operation or maintenance of a

facility or emission unit to assure continuous emission reduction and any

design, equipment work practice or operational standard; and

5.5.1.3.2 the change does not cause or allow any exceedance of any standard of

performance that requires continuous emission reduction, including any

requirement relating to the operation or maintenance of a facility or

emission unit to assure continuous emission reduction; and

5.5.1.3.3 the written notice is clearly marked as a request for operational flexibility

under this Section and includes the following information:

5.5.1.3.3.1 a description of the change; and

5.5.1.3.3.2 the date on which the change will occur; and 

5.5.1.3.3.3 the change in emissions of any air pollutant, whether the air pollutant

is regulated or not and any new emissions of any air pollutant not

emitted before the change, whether the air pollutant is regulated or

not; and

5.5.1.3.4 the District does not provide the owner or operator a written denial of the

request for an operational change within at least 30 days of receipt of the
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request for an operation change.

5.6 Injunctive Authority

No person shall violate, or fail to comply with, any term or condition of the FOP issued

by the District. Any such noncompliance shall be a violation of Rule 218, the Federal

Operating Permits Rule.

5.7 Penalties

Any person who operates a source in violation of any provision of this Rule shall be

subject to a fine of not more than twenty-five thousand dollars ($25,000) per day per

violation. This penalty shall be assessed in addition to any fines pursuant to provisions

of the California Health and Safety Code.

PART 6 MONITORING AND RECORD KEEPING REQUIREMENTS

6.1 Monitoring

All emissions monitoring and analysis procedures or test methods required under the

Act will be specified in the conditions of the permit.

6.2 Record Keeping

Owners or operators subject to the provisions of this Rule shall maintain for a period of

not less than five years a record in a permanent form suitable for inspection, and shall

make such record available upon request to the USEPA, the ARB and the District. The

records shall include, but are not limited to:

6.2.1 the occurrence and duration of any startup, shutdown, or malfunction in the operation

of any affected facility; and

6.2.2 the data from all performance testing, evaluations, calibration checks, adjustments,

and maintenance of any continuous emission monitors; and
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6.2.3 the emission rate, concentration data and other measurements necessary to

demonstrate compliance.

6.3 Reporting

6.3.1 Report Contents

The report shall include, but is not limited to:

6.3.1.1 the time intervals, date and magnitude of excess emissions, nature and cause of

the excess (if known), corrective actions and preventive measures adopted; and

6.3.1.2 the averaging period used for data reporting corresponding to averaging period

specified in the emission test period used to determine compliance with an

emission standard for the pollutant/source category in question; and

6.3.1.3 the time and date of each period during which the Continuous Emission

Monitoring system was inoperative except for zero and span checks and the

nature of system repairs and adjustments; and

6.3.1.4 all information pertaining to any monitoring as required by the permit; and

6.3.1.5 a negative declaration specifying when no excess emissions occurred.

6.3.2 Reporting Period

The reporting periods are as follows:

6.3.2.1 Owners or operators subject to the provisions of this Rule shall submit to the

District in a District-approved format a semi-annual report, within 45 days of

the end of the previous 6 month period ending each June 30 and December 31.

6.3.2.2 Owners or operators subject to the provisions of Title IV shall submit to the

District in a District approved format a quarterly report for each calendar

quarter, within 45 days of the end of the previous calendar quarter ending each

March 31, June 30, September 30 and December 31, rather than the semiannual periods in Subsection 6.3.2.1.

6.3.3 Reports of Violations
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Any violation of any emissions standard to which the stationary source is required to

conform, as indicated by the records of the monitoring device, shall be reported by

the operator of the source to the District within 96 hours after such occurrence. 

The District shall, in turn, report the violation to the ARB and the USEPA after

receiving the report of the violation from the operator.

6.3.3.1 The violation report shall include the time intervals, date and magnitude of

excess emissions; nature and cause of the excess (if known), corrective actions

and preventive measures adopted.

6.3.4 Data Reduction

Data shall be reduced according to the procedure established in 40 CFR, Part 51,

Appendix P, paragraphs 5.0 through 5.3.3, or by other methods deemed equivalent by

joint decisions of the District, the ARB and the USEPA.

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