Tuolumne County 1978 SIP Compilation – Permit related rules

A review of the February 22, 1972 California SIP submittal for Tuolumne County shows that 

Regulation II – Permits included Rule 10 – Permits Required. However, the June 30, 1972 SIP 

submittal shows that Regulation II – Permits was resubmitted and that the rule entitled “Permits 

Required” had been renumbered as Rule 201. There were no changes to the text of the rule. Both 

the February and June 1972 submittals were approved by EPA in their entirety. (40 CFR 52.220 

(b) and (c)(6), respectively) 

In August 1978, EPA published a compilation of the California SIP for each District. A review 

of this documents shows that there are two “Regulation II” sections in this document. Of note, 

included with this document is a sheet entitled Summary Sheet of EPA – Approved Regulation 

Changes, Sierra County (APCD). This document lists an action with a submittal date of June 30, 

1972, approval date of September 22, 1972, and under the heading “Description” states “Note: 

changes in numbering, some displaced Regs contained at the end of package. Note: Rules 201-

213 still in effect for ‘Permit Regulations.’” The summary sheet also lists the rules which were 

submitted on July 22, 1975, and approved on August 22, 1977, which includes several rules in 

the 200 series. 

Based on this information, it appears the State first submitted Regulation II – Permits, which 

included Rules 201-213 on June 30, 1972, which EPA approved into SIP on September 22, 1972. 

Then on July 22, 1975 the State submitted a new Regulation II, entitled Prohibitions, of which 

EPA approved portions into the SIP on August 22, 1977. Thus the approved SIP for Tuolumne 

contains two Regulations II sections, one entitled Permits and one entitled Prohibitions. EPA 

notes that in Tuolumne’s current local rule book, it appears the rules contained in Region II –

Permits, have been revised and moved to Regulation IV – Authority to Construct, but these 

newer rules have never been submitted to EPA for SIP approval.

The California approved SIP, as shown on EPA’s web site lists Regulation II – Prohibitions 

(containing various 200 series rules), but does not list Regulation II – Permits. EPA has no 

evidence that Regulation II – Permits, nor any of the rules contained therein, were ever removed 

from or replaced in the SIP. In addition, EPA is not aware of any reason that required SIP 

elements for a minor source permit program would have been removed from the SIP without 

replacement. Therefore EPA finds that Regulation II – Permits, as submitted on June 30, 1972

and approved on September 22, 1972, remain a part of the Tuolumne County portion of the 

California SIP. 

Below is a copy of the SIP approved version of Regulation II – Permits.

REGULATION II - PERMITS 

REGULATION II 

RULE 201 Permits Required. 

a. Authority to Construct. Any person building, altering or replacing any equipment, 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 authorization for such 

construction 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. 

b. Permit to Operate. Before any equipment described in Rule 20l(a) may be operated, 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 equipment described in Rule 20l(a), constructed or installed without authorization as 

required by Rule 201 (a), until the information required .is presented to the air pollution 

contro1 officer .and such equipment is altered, if necessary, and made to conform to the 

standards set forth in Rule 208 (standards for granting application} and elsewhere in 

these rules and regulations. 

c. Posting of Permit to Operate. A person who has been granted under Rule 201 b) a permit 

to operate any equipment described in Rule 20l(b}, 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 a manner as 

to be clearly visible and accessible. In the event that the equipment 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 equipment 

or maintained readily available at all times on the operating premises. 

d. Altering of Permit. A person shall not willfully deface, alter, forge, counterfeit, or falsify 

a permit to operate any equipment. 

e. Permit to Sell or Rent. Before any of the hereinbefore described equipment is sold, 

leased, or rented, such that it is operated by anyone other than the holder of the permit, 

the owner or operator is required to obtain a permit to sell or rent. 

RULE 202 Exemptions

Any authority to construct or a permit to operate shall not be required for: 

a. Vehicles as defined by the Vehicle Code of the State of California but not including 

any article, machine, equipment or other contrivance mounted on such vehicle that 

would otherwise require a permit under the provisions of these rules and regulations. 

b. Vehicles used to transport passengers or freight. 

c. Equipment utilized exclusively in connection with any structure, which structure is 

designed for and used exclusively as a dwelling for not more than four families. 

d. The following equipment: 

1. Comfort air conditioning or comfort ventilating systems which are not 

designed to remove air contaminants generated or released from specific unit$ 

or equipment. 

2. Refrigeration units except those used as, or in conjunction with, air pollution 

control equipment. 

3. Piston type internal combustion engines. 
4. Water cooling towers and water cooling ponds not used for evaporative 

cooling of water from barometric jets or from barometric condensers. 

5. Equipment used exclusively for steam cleaning. 

6. Presses used exclusively for extruding metals, minerals, plastics or wood. 

7. Equipment used exclusively for space heating, other than boilers. 

8. Equipment used for hydraulic or hydrostatic testing. 

9. Equipment used in eating establishments for the purpose of preparing food for 

human consumption. 

10. Equipment used exclusively to compress or hold .dry natural gas.

e. The following equipment or any exhaust system or collector serving exclusively such 

equipment:

1. Laboratory equipment used exclusively for chemical or physical analyses and 

bench scale laboratory equipment. 

2. Brazing, soldering or welding equipment. 

f. Steam generators, steam superheaters, water· boilers, water heaters and closed heat 

transfer systems that have a maximum heat input rate of less than 250,000,000 British 

Thermal Units (BTU) per hour (gross), and are fired exclusively with one of the 

following: 

1. Natural gas. 

2. Liquefied petroleum gas. 

3. A combination of natural gas and liquefied petroleum gas. 

g. Natural draft hoods, natural draft stacks or natural draft ventilators. 

h. Self-propelled mobile construction equipment other than pavement burners. 

i. Other sources of minor significance which may be specified by the air pollution 

control officer.

j. Agricultural implements used in agricultural operations. 

k. Vacuum cleaning systems used exclusively for industrial, commercial or residential 

housekeeping purposes. 

l. Repairs or maintenance not involving structural changes to any equipment for which 

a permit has been granted.

m. Identical replacements in whole or in part of any equipment where a permit to operate 

has previously been granted for such equipment.

RULE 203 Transfer. 

A permit shall not be transferable, whether by operation of law or otherwise, either from one 

location to another, from one piece of equipment to another, or from one person to another. 

RULE 204 Applications. 

Every application for a permit required under Rule 201 shall be filed in .the manner and form 

prescribed by the air pollution control officer, and shall give all the information necessary to 

enable the air pollution control officer to make the determination required by Rule 208 

hereof. 
RULE 205 Cancellation of Construction Permit. 

A permit shall be cancelled two years from the date of filing of the application. 

RULE 206 Action on Applications. 

The air pollution control officer shall act, within a reasonable time, on a permit application 

and shall notify the applicant in writing of his approval, conditional approval or denial. 

RULE 207 Provision of Sampling and Testing Facilities.

A person operating or using any equipment for which these rules require a permit shall 

provide and maintain such sampling and testing facilities as specified in the permit. 

RULE 208 Standards for Granting Applications. 

a. The air pollution control officer shall deny a permit, except as provided in Rule 209, 

if the applicant does not show that the use of any equipment, which may cause the 

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

the issuance of air contaminants, is so designed, controlled, or equipped with such air 

pollution control equipment, that it may be expected to operate without emitting or 

without causing to be emitted air contaminants in violation of Section 24242 or 

24243, Health and Safety Code, or of these rules and regulations. 

b. Before a permit 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 of air contaminants discharged into the atmosphere from the equipment 

described in the permit. 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. 

c. In acting upon a permit to operate, if the air pollution control officer finds that the 

equipment has been constructed not in accordance with the authority to construct he 

shall deny the permit to operate. The air pollution control officer shall not accept any 

further application for permit to operate the equipment so constructed until he finds 

that the equipment has been constructed in accordance with the permit to construct. 

RULE 209 Conditional Approval. 

The air pollution control officer may issue a permit subject to conditions which will bring the 

operation of any equipment within the standards of Rule 208, in which case the conditions 

shall be specified in writing. Commencing work under a permit to construct, operation under 

a permit to operate, renting or selling under a permit to rent or sell, shall be deemed 

acceptance of all the conditions so specified. The air pollution control officer shall issue a 

permit with revised conditions upon receipt of a new application, if the applicant 
demonstrates that the equipment can operate within the standards of Rule 208 under the 

revised conditions. 

RULE 210 Denial of Applications. 

In the event of denial of a permit the air pollution control officer shall notify the applicant in

writing of the reasons therefor. Service of this notification may be made in person or by mail, 

and such service may be proved by the written acknowledgment of the person served or 

affidavit of the person making the service. The air pollution control officer shall not accept a 

further application unless the applicant has complied with the objections specified by the air 

pollution control officer as his reasons for denial of the permit. 

RULE 211 Further Information. 

Before acting on an application for a permit the air pollution control officer may require the 

applicant to furnish information or further plans or specifications. 

RULE 212 Applications Deemed Denied. 

The applicant may at his option deem the permit denied if the air pollution control officer 

fails to act on the application within 30 days after filing, or within 30 days after applicant 

furnishes the further information, plans and specifications requested by the air pollution 

control officer, whichever is later. 

RULE 213 Appeals. 

Within 10 days after notice, by the air pollution control officer, of denial of a permit, the 

applicant may petition the hearing board, in writing, for a public hearing. The hearing board, 

after notice and a public hearing held within 30 days after filing the petition, may sustain or 

reverse the action of the air pollution control officer; such order may be made subject to 

specified conditions.