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 n o 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 Regula tions. ’ ” 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

– Permit s, 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 Tu o lumne 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.

T he 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
Califor nia 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 orreduce or control the issuance of air contaminants, shall first obtain authorization for such

const ruction 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 equipm ent 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 eve nt 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. Pe rm it to Sell or Rent. Before any of the hereinbefore described equipment is sold,

le ased, or rented, such that it is operated by anyone other than the holder of the pe rm it, 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 other wise require a permit under the provisions of these rules and regulations.

b. Vehicles used to transport passengers or freight.

c. Equipm ent utilized exclusively in connection with any structure, which structure is designed for and used exclusively as a dwelli ng 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 tho se 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. Equi pment 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 pre paring food for

human consumption.

10. Equipment used exclusively to compress or hold .dry n atural gas.

e. The foll owing equipment or any exhaust system or collector serv ing 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 th at have a maximum heat input ra te 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 c ombination of natural gas and l iquefied petroleum gas.

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

h. Self

- propelled mobile construction equipment other tha n pavement burners.

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

con trol offi c er. 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 equ ipment 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 Canc ellation 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 sampl ing and testing fac ilities 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, whic h 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 wit hout 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 p rovide 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 sampli ng 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 const ruct, 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 ne w application, if the applicantdemonstrates 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 pollut ion 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 app lication 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 info rmation , 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 fili ng the petition, may sustain or reverse the action of the air pollution control officer; such order may be made s ubject to specified conditions.