BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 1101 March 28, 2013 1101-1

RULE 1101 Title V - Federal Operating Permits

(Adopted November 9, 1993; Amended and Recodified June 24, 1999; Amended April 26, 2001;

Recodified August 22, 2002; Amended March 28, 2013)

RULE 1101 CONTENTS

1 PURPOSE AND GENERAL REQUIREMENTS OF RULE 1101

2 DEFINITIONS

3 APPLICABILITY

4 ADMINISTRATIVE PROCEDURES FOR SOURCES

5 DISTRICT ADMINISTRATIVE PROCEDURES

6 PERMIT CONTENT REQUIREMENTS
BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 1101 March 28, 2013 1101-2

RULE 1101

1 PURPOSE AND GENERAL REQUIREMENTS OF RULE 1101: [Reference: 

40 CFR Part 70.1, 70.4, 70.6(a)(6) and 70.7(a)(6) and (b)] This Rule implements the 

requirements of Title V of the federal Clean Air Act (CAA) as amended in 1990 for 

Permits to Operate. Title V provides for the establishment of operating permit 

programs for sources, which emit regulated air pollutants, including attainment and 

nonattainment pollutants. The effective date of this Rule is the date the DISTRICT 

Board adopts this Rule.

By June 2, 1995, the Butte County Air Quality Management District (DISTRICT) 

shall implement an operating permit program pursuant to the requirements of this 

Rule. The requirements of this Rule shall augment and take precedence over 

conflicting administrative requirements of other provisions of the DISTRICT's Rules 

and Regulations. The DISTRICT shall also continue to implement its existing permit 

program required by Regulation IV of these Rules and Regulations, including Rule 

Rule 400-Permit Requirements, Rule 401-Permit Exemptions, Rule 430-State New 

Source Review, or Rule 432-Federal New Source Review. Nothing in this Rule limits 

the authority of the DISTRICT to revoke or terminate a permit pursuant to Sections 

40808, and 42307-42309 of the California Health and Safety Code (HSC).

Sources subject to this Rule include major sources, acid rain units subject to Title IV 

of the CAA, solid waste incinerators subject to Section 111 or 129 of the CAA, and 

any other sources specifically designated by rule of the United States Environmental 

Protection Agency (EPA). Sources subject to this Rule shall obtain Permits to 

Operate pursuant to this Rule. Each Permit to Operate issued pursuant to this Rule 

shall contain conditions and requirements adequate to ensure compliance with and 

the enforceability of: 

1.1 All applicable provisions of Division 26 of the HSC, commencing with 

Section 39000;

1.2 All applicable Rules, Regulations, or orders of the DISTRICT and the 

California Air Resources Board (CARB);

1.3 All applicable provisions of the applicable implementation plan required by 

the CAA;

1.4 Each applicable emission standard or limitation, rule, regulation, or 

requirement adopted or promulgated to implement the CAA;

1.5 The requirements of all preconstruction permits issued pursuant to Parts C 

and D of the CAA.

The operation of an emissions unit to which this Rule is applicable without a permit 

or in violation of any applicable permit condition or requirement shall be a violation 

of this Rule.
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2 DEFINITIONS: Unless otherwise defined below, the terms used in this Rule are the 

same as defined in Rule 101-Definitions. The following definitions in this Section 

apply throughout this Rule and are derived from related provisions of the U.S. EPA's 

Title V regulations in Part 70 Code of Federal Regulations (CFR), "State Operating 

Permit Programs."

2.1 Acid Rain Unit - An "acid rain unit" is any fossil fuel-fired combustion 

device that is an affected unit under 40 CFR Part 72.6 and therefore subject to 

the requirements of Title IV (Acid Deposition Control) of the CAA. 

[Reference: 40 CFR Part 70.2-Affected Unit]

2.2 Administrative Permit Amendment - An "administrative permit 

amendment" is an amendment to a permit to operate which:

2.2.1 Corrects a typographical error;

2.2.2 Identifies a minor administrative change at the stationary source; for 

example, a change in the name, address, or phone number of any 

person identified in the permit;

2.2.3 Requires more frequent monitoring or reporting by the owner/operator of the stationary source; or,

2.2.4 Transfers ownership or operational control of a stationary source, 

provided that, prior to the transfer, the Air Pollution Control Officer 

(APCO) receives a written agreement, which specifies a date for the 

transfer of permit responsibility, coverage, and liability from the 

current to the prospective permittee.

2.2.5 Incorporates into the Title V permit the conditions of a 

preconstruction review permit that is issued to an existing Title V 

stationary source through an EPA-approved program and meets the 

applicable procedural requirements specified in Sections 4 and 5 of 

this Rule and the compliance requirements in Section 6 of this Rule. 

[Reference: 40 CFR Part 70.7(d)]

2.3 Affected State - An "affected state" is any state that:

2.3.1 Is contiguous with California and whose air quality may be affected 

by a permit action; or, 

2.3.2 Is within 50 miles of the source for which a permit action is being 

proposed.

[Reference: 40 CFR Part 70.2 Affected States]

2.4 Air Pollution Control Officer (APCO) - "Air Pollution Control Officer" 

refers to the air pollution control officer of the Butte County Air Quality 

Management District, or his or her designee.

2.5 Applicable Federal Requirement - An "applicable federal requirement" is 

any requirement, which is enforceable by EPA and citizens pursuant to 

Section 304 of the CAA and is set forth in, or authorized by, the CAA or an 

EPA regulation. An "applicable federal requirement" includes any 
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requirement of a regulation in effect at permit issuance and any requirement 

of a regulation that becomes effective during the term of the permit. 

Applicable federal requirements include: 

2.5.1 Title I requirements of the CAA, including, but not limited to, the 

following:

2.5.1.1 New Source Review requirements in the State 

Implementation Plan approved by EPA and the terms 

and conditions of the preconstruction permit issued 

pursuant to an approved New Source Review Rule;

2.5.1.2 Prevention of Significant Deterioration (PSD) 

requirements and the terms and conditions of the PSD 

permit (40 CFR Part 52);

2.5.1.3 New Source Performance Standards (40 CFR Part 60);

2.5.1.4 National Ambient Air Quality Standards, increments, 

and visibility requirements as they apply to portable 

sources required to obtain a permit pursuant to Section 

504(e) of the CAA;

2.5.1.5 National Emissions Standards for Hazardous Air 

Pollutants (40 CFR Part 61);

2.5.1.6 Maximum Achievable Control Technology or 

Generally Available Control Technology Standards (40 

CFR Part 63);

2.5.1.7 Risk Management Plan preparation and registration 

requirements (Section 112(r) of the CAA);

2.5.1.8 Solid Waste Incineration requirements (Sections 111 or 

129 of the CAA);

2.5.1.9 Consumer and Commercial Product requirements 

(Section 183 of the CAA);

2.5.1.10 Tank Vessel requirements (Section 183 of the CAA);

2.5.1.11 DISTRICT prohibitory Rules that are approved into the 

State Implementation Plan; and,

2.5.1.12 Standards or regulations promulgated pursuant to a 

federal Implementation Plan; and,

2.5.1.13 Enhanced Monitoring and Compliance Certification 

requirements (Section 114(a)(3) of the CAA).

2.5.2 Title III, Section 328 (Outer Continental Shelf) requirements of the 

CAA (40 CFR Part 55);

2.5.3 Title IV (Acid Deposition Control) requirements of the CAA (40 

CFR Parts 72, 73, 75, 76, 77, 78 and regulations implementing 

Sections 407 and 410 of the CAA); and,

2.5.4 Title VI (Stratospheric Ozone Protection) requirements of the CAA 

(40 CFR Part 82); and,

2.5.5 Monitoring and Analysis requirements (Section 504(b) of the CAA).

2.6 California Air Resources Board (CARB) - "California Air Resources 

Board" refers to the Air Resources Board of the State of California.
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2.7 Clean Air Act (CAA) - "Clean Air Act" refers to the federal Clean Air Act as 

amended in 1990 (42 U.S.C. Section 7401 et seq.).

2.8 Code of Federal Regulations (CFR) - "Code of Federal Regulations" refers 

to the United States Code of Federal Regulations.

2.9 Commence Operation - "Commence operation" is the date of initial 

operation of an emissions unit, including any start-up or shakedown period 

authorized by a temporary Permit to Operate issued pursuant to Section 

42301.1 of the HSC.

2.10 Direct Emissions - "Direct emissions" are emissions that may reasonably 

pass through a stack, chimney, vent, or other functionally-equivalent opening. 

2.11 DISTRICT - "DISTRICT" refers to the Butte County Air Quality 

Management District.

2.12 Effective Date of This Rule - The "effective date of this Rule" is the date the 

DISTRICT Board adopts this Rule. [Reference: 40 CFR Part 70.4(g)]

2.13 Emergency - An "emergency" is 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. [Reference: 40 CFR Part 70.6(g)(1)]

2.14 Emissions Unit - An "emissions unit" is any identifiable article, machine, 

contrivance, or operation which emits, may emit, or results in the emissions 

of, any regulated air pollutant or hazardous air pollutant. [Reference: 40 

CFR Part 70.2 Emissions Unit]

2.15 Federally-enforceable Condition - A "federally-enforceable condition" is 

any condition set forth in the Permit to Operate which addresses an applicable 

federal requirement or a voluntary emissions cap.

2.16 Fugitive Emissions - "fugitive emissions" are emissions which could not 

reasonably pass through a stack, chimney, vent, or other functionallyequivalent opening. [Reference: 40 CFR Part 70.2 Fugitive Emissions]

2.17 Hazardous Air Pollutant (HAP) - A "hazardous air pollutant" is any air 

pollutant listed pursuant to Section 112(b) of the CAA. 

2.18 Health and Safety Code (HSC) - "Health and Safety Code" refers to the 

California Health and Safety Code.
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2.19 Initial Permit - An "initial permit" is the first operating permit for which a 

source submits an application that addresses the requirements of the federal 

operating permits program as implemented by this Rule. 

2.20 Minor Permit Modification - A "minor permit modification" is any 

modification to a federally-enforceable condition on a Permit to Operate 

which: 1) is not a significant permit modification; or, 2) is not an 

administrative permit amendment. [Reference: 40 CFR Part 70.7(e)(2)]

2.21 Permit Modification - A "permit modification" is any addition, deletion, or 

revision to a Permit to Operate condition. [Reference: 40 CFR Part 70.2 

Permit Modification and Permit Revision]

2.22 Potential to Emit - For the purposes of this Rule, "potential to emit" as it 

applies to an emissions unit and a stationary source is defined below.

2.22.1 Emissions Unit: The "potential to emit" for an emissions unit is the 

maximum capacity of the unit to emit a regulated air pollutant or 

HAP considering the unit's physical and operational design. 

Physical and operational limitations on the emissions unit shall be 

treated as part of its design, if the limitations are set forth in permit 

conditions or rules or regulations that are legally and practicable 

enforceable by EPA and citizens or by the DISTRICT. Physical and 

operational limitations shall include, but are not limited to, the 

following: Limits placed on emissions and restrictions on hours of 

operation and type or amount of material combusted, stored, or 

processed.

2.22.2 Stationary Source: The "potential to emit" for a stationary source 

is the sum of the potential to emit from all emissions units at the 

stationary source. If two or more HAPs are emitted at a stationary 

source, the potential to emit for each of those HAPs shall be 

combined to determine applicability. Fugitive emissions shall be 

considered in determining the potential to emit for: 1) sources as 

specified in 40 CFR Part 70.2 Major Source (2), and 2) sources of 

HAP emissions. Notwithstanding the above, any HAP emissions 

from any oil or gas exploration or production well (with its 

associated equipment) and any pipeline compressor or pump station 

shall not be aggregated with emissions of similar units for the 

purpose of determining a major source of HAPs, whether or not 

such units are located in contiguous areas or are under common 

control. [Reference: 40 CFR Part 70.2 Potential to Emit and Major 

Source (2)]

2.23 Preconstruction Permit - A "preconstruction permit" is a permit issued prior 

to construction which authorizes construction:

2.23.1 Pursuant to a program for the prevention of significant deterioration 

of air quality required by Section 165 of the CAA; or,

2.23.2 Pursuant to a new source review program required by Sections 172 
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and 173 of the CAA or New Source Review Rule 430. 

[Reference: 40 CFR Part 70.2 Applicable Requirement (2)]

2.24 Regulated Air Pollutant - A "regulated air pollutant" is any pollutant: 1) 

which is emitted into or otherwise enters the ambient air, and 2) for which 

EPA has adopted an emission limit, standard, or other requirement. 

Regulated air pollutants include: 

2.24.1 Oxides of nitrogen and volatile organic compounds;

2.24.2 Any pollutant for which a national ambient air quality standard has 

been promulgated pursuant to Section 109 of the CAA;

2.24.3 Any pollutant subject to a new source performance standard 

promulgated pursuant to Section 111 of the CAA;

2.24.4 Any ozone-depleting substance specified as a Class I 

(chlorofluorocarbons) or Class II (hydrofluorocarbons) substance 

pursuant to Title VI of the CAA; and,

2.24.5 Any pollutant subject to a standard or requirement promulgated 

pursuant to Section 112 of the CAA, including:

2.24.5.1 Any pollutant listed pursuant to Section 112(r) of the 

CAA (Prevention of Accidental Releases) shall be 

considered a "regulated air pollutant" upon 

promulgation of the list.

2.24.5.2 Any HAP subject to a standard or other requirement 

promulgated by EPA pursuant to Section 112(d) or 

adopted by the DISTRICT pursuant to 112(g) and (j) of 

the CAA shall be considered a "regulated air pollutant" 

for all sources or categories of sources: 1) upon 

promulgation of the standard or requirement, or 2) 18 

months after the standard or requirement was 

scheduled to be promulgated pursuant to Section 

112(e)(3) of the CAA.

2.24.5.3 Any HAP subject to a DISTRICT case-by-case 

emissions limitation determination for a new or 

modified source, prior to EPA promulgation or 

scheduled promulgation of an emissions limitation 

shall be considered a "regulated air pollutant" when the 

determination is made pursuant to Section 112(g)(2) of 

the CAA. In case-by-case emissions limitation 

determinations, the HAP shall be considered a 

"regulated air pollutant" only for the individual source 

for which the emissions limitation determination was 

made. 

2.24.5.4 Greenhouse gases if the source has a potential to emit 

of 100,000 tons per year or more CO2e.

[Reference: 40 CFR Part 70.2 Regulated Air Pollutant]

2.25 Responsible Official - A "responsible official" is an individual with the 

authority to certify that a source complies with all applicable federal 
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requirements and federally-enforceable conditions of permits issued to 

sources in accordance with this Rule. "Responsible official" means one of the 

following:

2.25.1 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:

2.25.1.1 The facilities employ more than 250 persons or have 

gross annual sales or expenditures exceeding $25 

million (in second quarter 1980 dollars); or,

2.25.1.2 The delegation of authority to such representative is 

approved in advance by the APCO.

2.25.2 For a partnership or sole proprietorship, a general partner or the 

proprietor, respectively;

2.25.3 For a municipality, State, federal, or other public agency, either a 

principal executive officer or a ranking elected official; or,

2.25.4 For an acid rain unit subject to Title IV (Acid Deposition Control) of 

the CAA, the "responsible official" is the designated representative 

of that unit for any purposes under Title IV and this Rule. 

[Reference: 40 CFR Part 70.2 Responsible Official]

2.26 Significant Permit Modification - A "significant permit modification" is any 

modification to a federally-enforceable condition on a Permit to Operate 

which:

2.26.1 Involves any modification under Section 112(g) of Title I of the 

CAA or under EPA regulations promulgated pursuant to Title I of 

the CAA, including 40 CFR Parts 51, 52, 60, 61, and 63;

2.26.2 Significantly changes monitoring conditions;

2.26.3 Provides for the relaxation of any reporting or recordkeeping 

conditions;

2.26.4 Involves a permit term or condition which allows a source to avoid 

an applicable federal requirement, including: 1) a federallyenforceable voluntary emissions cap assumed in order to avoid 

triggering a modification requirement of Title I of the CAA, or 2) an 

alternative HAP emission limit pursuant to Section 112(i)(5) of the 

CAA;

2.26.5 Involves a case-by-case determination of any emission standard or 

other requirement; or,

2.26.6 Involves a source-specific determination for ambient impacts, 

visibility analysis, or increment analysis on portable sources. 

[Reference: 40 CFR Part 70.7(e)(2) and (4)]

2.27 Solid Waste Incinerator - A "solid waste incinerator" is any incinerator 

which burns solid waste material from commercial, industrial, medical, 
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general public sources (e.g., residences, hotels, or motels), or other categories 

of solid waste incinerators subject to a performance standard promulgated 

pursuant to Sections 111 or 129 of the CAA.

The following incinerators are excluded from the definition of "solid waste 

incinerator" for the purpose of this Rule:

2.27.1 Any hazardous waste incinerator required to obtain a permit under 

the authority of Section 3005 of the Solid Waste Disposal Act (42 

United States Code (U.S.C) Section 6925);

2.27.2 Any materials recovery facility which primarily recovers metals;

2.27.3 Any qualifying small power production facility as defined in 16 

U.S.C.A. Section 796(17)(C); or,

2.27.4 Any qualifying co-generation facility which burns homogenous 

waste for the production of energy as defined in 16 U.S.C.A. Section 

796(18)(B); or,

2.27.5 Any air curtain incinerator which burns only wood, yard, or clean 

lumber waste and complies with the opacity limitations to be 

established by the Administrator of EPA.

2.28 Stationary Source - For the purposes of this Rule, a "stationary source" is 

any building, structure, facility, or installation (or any such grouping) that:

2.28.1 Emits, may emit, or results in the emissions of any regulated air 

pollutant or HAP;

2.28.2 Is located on one or more contiguous or adjacent properties;

2.28.3 Is under the ownership, operation, or control of the same person (or 

persons under common control) or entity; and,

2.28.4 Belongs to a single major industrial grouping; for example, each 

building, structure, facility, or installation in the grouping has the 

same two-digit code under the system described in the “1987 

Standard Industrial Classification Manual.” 

[Reference: 40 CFR Part 70.2 Stationary Source]

2.29 United States Environmental Protection Agency (EPA) - "United States 

Environmental Protection Agency" refers to the Administrator or appropriate 

delegee of the "United States Environmental Protection Agency."

2.30 Voluntary Emissions Cap - A "voluntary emissions cap" is an optional, 

federally-enforceable emissions limit on one or more emissions unit(s) which 

a source assumes in order to avoid an applicable federal requirement. The 

source remains subject to all other applicable federal requirements.

3 APPLICABILITY

3.1 Sources Subject to This Rule: [Reference: 40 CFR Part 70.3(a)] The 

sources listed below are subject to the requirements of this Rule:

3.1.1 A major source;

3.1.2 A source with an acid rain unit for which application for an Acid 
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Rain Permit is required pursuant to Title IV of the CAA;

3.1.3 A solid waste incinerator subject to a performance standard 

promulgated pursuant to Section 111 or 129 of the CAA;

3.1.4 Any other source in a source category designated, pursuant to 40 

CFR Part 70.3, by rule of EPA; and,

3.1.5 Any source that is subject to a standard or other requirement 

promulgated pursuant to Section 111 or 112 of the CAA, published 

after July 21, 1992, designated, pursuant to 40 CFR Part 70.3, by 

EPA at the time the new standard or requirement is promulgated.

3.2 Sources Exempt from This Rule: [Reference: 40 CFR Part 70.3(b)] The 

sources listed below are not subject to the requirements of Rule 1101:

3.2.1 Any stationary source that would be required to obtain a permit 

solely because it is subject to 40 CFR Part 60, Subpart AAA 

(Standards of Performance for New Residential Wood Heaters);

3.2.2 Any stationary source that would be required to obtain a permit 

solely because it is subject to 40 CFR Part 61, Subpart M, Section 

145 (National Emission Standards for Asbestos, Standard for 

Demolition and Renovation); and,

3.2.3 Any other source in a source category deferred, pursuant to 40 CFR 

Part 70.3, by EPA rule-making, unless such source is otherwise 

subject to Title V (i.e., it is a major source).

4 ADMINISTRATIVE PROCEDURES FOR SOURCES

4.1 Permit Requirement and Application Shield: A source shall operate in 

compliance with Permits to Operate issued pursuant to this Rule. This Rule 

does not alter any applicable requirement that a source obtain preconstruction 

permits. [Reference: 40 CFR Part 70.7(a)(6) and (b)]

If the owner/operator submits, pursuant to this Rule, a timely and complete 

application for a Permit to Operate, a source shall not be in violation of the 

requirement to have a Permit to Operate until the APCO takes final action on 

the application. The application shield here will cease to insulate a source 

from enforcement action if the owner/operator of the source fails to submit 

any additional information requested by the APCO pursuant to Section 4.3.2

below. [Reference: 40 CFR Part 70.7(b)]

If the owner/operator submits a timely and complete application for an initial 

Permit to Operate, the source shall operate in accordance with the 

requirements of any valid Permit to Operate issued pursuant to Section 42301 

of the HSC until the APCO takes final action on the application. If the 

owner/operator submits a timely and complete application for renewal of a 

Permit to Operate, the source shall operate in accordance with the Permit to 

Operate issued pursuant to this Rule, notwithstanding expiration of this 

permit, until the APCO takes final action on the application.
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The application shield does not apply to sources applying for permit 

modifications. For permit modifications, a source shall operate in accordance 

with the applicable federal requirements, the Permit to Operate issued 

pursuant to this Rule and any temporary Permit to Operate issued pursuant to 

Section 42301.1 of the HSC. [Reference: 40 CFR Part 70.6(a)(6)(iii) and 

70.7(b) and (e)(2)(v)]

4.2 Application Requirements: [Reference: 40 CFR Part 70.5]

4.2.1 Initial Permit: [Reference: 40 CFR Part 70.5(a)(1) and (c)(10)]

4.2.1.1 For a source with a Standard Industrial Classification 

Code of 4911 or 5171 that is subject to this Rule on the 

date the Rule becomes effective, the owner/operator 

shall submit a completed standard DISTRICT 

application form within three (3) months after the Rule 

becomes effective.

4.2.1.2 For a source with a Standard Industrial Classification 

Code, other than 4911 or 5171, that is subject to this 

Rule on the date the Rule becomes effective, the 

owner/operator shall submit a standard DISTRICT 

application within twelve (12) months after the date the 

Rule becomes effective. 

4.2.1.3 For a source that becomes subject to Rule 1101 after 

the date the Rule becomes effective, a responsible 

official shall submit a standard DISTRICT application 

within 12 months of the source commencing operation 

or of otherwise becoming subject to Rule 1101.

4.2.1.4 For a source with an acid rain unit, the owner/operator 

shall submit a standard DISTRICT application and acid 

rain permit applications to the DISTRICT. The 

applications shall be submitted within the following 

time frame:

4.2.1.4.1 If the source is subject to this Rule 

because of Section 3.1.1 of this Rule,

within the applicable time frame 

specified in Sections 4.2.1.2 or 4.2.1.3

above.

4.2.1.4.2 If the source is subject to this Rule only 

because of Section 3.1.2 of this Rule, by 

January 1, 1996, or, if applicable, a 

latter date established by 40 CFR Part 

72.

4.2.2 Permit Renewal: [Reference: 40 CFR Part 70.5(a)(1)(iii)] For 

renewal of a permit, the owner/operator shall submit a standard 

DISTRICT application no earlier than 18 months and no later than 6 

months before the expiration date of the current Permit to Operate. 

Permits to Operate for all emissions units at a stationary source shall 

undergo simultaneous renewal.
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4.2.3 Significant Permit Modification: [Reference: 40 CFR Part 

70.5(a)(1)(ii)] After obtaining any required preconstruction permits, 

a responsible official shall submit a standard DISTRICT application 

for each emissions unit affected by a proposed permit revision that 

qualifies as a significant permit modification. Upon request by the 

APCO, the responsible official shall submit copies of the latest 

preconstruction permit for each affected emissions unit. Unless 

authorized by the APCO, the emissions unit(s) affected by the 

proposed permit modification shall not commence operation until 

the APCO takes final action to issue the revised permit or until the 

requirements of Section 4.2.3.1 below are met.

4.2.3.1 An emissions unit may commence operation of 

change(s) in a proposed significant permit modification 

prior to final action by the APCO to issue the permit 

modification provided:

4.2.3.1.1 The stationary source has received and 

complies with a pre-construction permit 

under Section 112(g) of the CAA, or 

under pre-construction review programs 

either approved into the State 

Implementation Plan, or authorized by 

the provisions of 40 CFR Part 52.21 

pursuant to Parts C and D of Title I of 

the CAA; and,

4.2.3.1.2 The stationary source submits an 

application for a significant permit 

modification within 12 months of 

commencing operation of the change(s); 

and,

4.2.3.1.3 The change(s) is not prohibited by any 

permit conditions including those issued 

pursuant to this Rule; and,

4.2.3.1.4 The modified emissions unit(s) complies 

with all applicable federal requirements 

and Rules and Regulations of the 

DISTRICT.

4.2.4 Minor Permit Modification: [Reference: 40 CFR Part 70.5(a)(ii) 

and 70.7(e) (2)(ii and v)] After obtaining any required 

preconstruction permits, a responsible official shall submit a 

standard DISTRICT application for each emissions unit affected by 

the proposed permit revision that qualifies as a minor permit 

modification. The emissions unit(s) affected by the proposed permit 

modification shall not commence operation until the APCO takes 

final action to approve the permit revision. The application shall 

include the following:

4.2.4.1 A description of the proposed permit revision, any 

change in emissions, and additional applicable federal 
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requirements that will apply;

4.2.4.2 Proposed permit terms and conditions; and,

4.2.4.3 A certification by a responsible official that the permit 

revision meets criteria for use of minor permit 

modification procedures and a request that such 

procedures be used.

4.2.5 Acid Rain Unit Permit Modification: [Reference: 40 CFR Part 

70.7(e)] A permit modification of the acid rain portion of the 

operating permit shall be governed by regulations promulgated 

pursuant to Title IV of the CAA.

4.3 Application Content and Correctness [Reference: 40 CFR Part 70.5]

4.3.1 Application Content: When submitting an application, the 

owner/operator shall include the following information:

4.3.1.1 Information identifying the source; [Reference: 40 

CFR Part 70.5(c)(1)]

4.3.1.2 Description of processes and products (by Standard 

Industrial Classification Code) including any 

associated with proposed alternative operating 

scenarios; [Reference: 40 CFR Part 70.5(c)(2)]

4.3.1.3 Identification of fees specified in Regulation V of these

Rules and Regulations; [Reference: 40 CFR Part 

70.6(a)(7)]

4.3.1.4 A listing of all existing emissions units at the stationary 

source and identification and description of all points 

of emissions from the emissions units in sufficient 

detail to establish the applicable federal requirements 

and the basis for fees pursuant to Rule 505, Title V 

Fees of these Rules and Regulations. [Reference: 40 

CFR Part 70.5(c)(3)(i)]

4.3.1.5 Citation and description of all applicable federal 

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; [Reference: 40 CFR 

Part 70.5(c)(3)(vii) and (4)(i and ii)]

4.3.1.6 Calculation of all emissions, including fugitive 

emissions, in tons per year and in such terms as are 

necessary to establish compliance with the all 

applicable DISTRICT, State, or federal requirements 

for the following: 

4.3.1.6.1 All regulated air pollutants emitted from 

the source;

4.3.1.6.2 Any HAP that the source has the 

potential to emit in quantities equal to or 

in excess of 10 tons per year; and,

4.3.1.6.3 If the source has the potential to emit 
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Rule 1101 March 28, 2013 1101-14

two or more HAPs in quantities equal to 

or in excess of 25 tons per year, all 

HAPs emitted by the source; 

[Reference: 40 CFR Part 70.5(c)(3)(i 

and viii)]

4.3.1.7 As these affect emissions from the source, the 

identification of fuels, fuel use, raw materials, 

production rates, operating schedules, limitations on 

source operation or workplace practices; [Reference: 

40 CFR Part 70.5(c)(3)(iv and vi)]

4.3.1.8 An identification and description of air pollution 

control equipment and compliance monitoring devices 

or activities; [Reference: 40 CFR Part 70.5(c)(3)(v)]

4.3.1.9 Other information required by an applicable federal 

requirement; [Reference: 40 CFR Part 70.5(c)(3)(vii) 

and (5)]

4.3.1.10 The information needed to define permit terms or 

conditions implementing a source's options for 

operational flexibility, including alternative operating 

scenarios, pursuant to Section 5.9 of this Rule; 

[Reference: 40 CFR Part 70.5(c)(7)]

4.3.1.11 A compliance plan and compliance schedule with the 

following:

4.3.1.11.1 A description of the compliance status 

of each emissions unit within the 

stationary source with respect to 

applicable federal requirements;

4.3.1.11.2 A statement that the source will 

continue to comply with such applicable 

federal requirements that the source is in 

compliance;

4.3.1.11.3 A statement that the source will comply, 

on a timely basis, with applicable 

federal requirements that will become 

effective during the permit term; and,

4.3.1.11.4 A description of how the source will 

achieve compliance with requirements 

for which the source is not in compliance. [Reference: 40 CFR Part 

70.5(c)(8)]

4.3.1.12 For a source not in compliance with an applicable 

federal requirement at the time of permit issuance 

renewal, and modification (if the non-compliance is 

with units being modified), a schedule of compliance 

which resembles and is at least as stringent as that 

contained in any judicial consent decree, administrative 

order, or schedule approved by the DISTRICT Hearing 
BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 1101 March 28, 2013 1101-15

Board if required by State law and which identifies 

remedial measures with specific increments of 

progress, a final compliance date, testing and 

monitoring methods, recordkeeping requirements, and 

a schedule for submission of certified progress reports 

to EPA and the APCO at least every 6 months; 

[Reference: 40 CFR Part 70.5(c)(8)(iii)(C)]

4.3.1.13 A certification by a responsible official of all reports 

and other documents submitted for permit application, 

compliance progress reports at least every 6 months, 

statements on compliance status with any applicable 

enhanced monitoring, and compliance plans at least 

annually which shall state that, based on information 

and belief formed after reasonable inquiry, the 

statements and information in the document are true, 

accurate, and complete; [Reference: 40 CFR Part 

70.5(c)(9) and (d)]

4.3.1.14 For a source with an acid rain unit, an application shall 

include the elements required by 40 CFR Part 72; 

[Reference: 40 CFR Part 70.5(c)(10)]

4.3.1.15 For a source of HAPs required to prepare a risk 

management plan pursuant to Section 112(r) of the 

CAA, 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; ,

4.3.1.16 For proposed portable sources, an application shall 

identify all locations of potential operation and how the 

source will comply with all applicable DISTRICT, 

State, and federal requirements at each location; and, 

[Reference: 40 CFR Part 70.6(e)]

4.3.1.17 For the purposes of this Rule, an insignificant activity 

shall be any activity, process, or emissions unit which 

is not subject to a source-specific applicable federal 

requirement and which emits no more than 0.5 tons per 

year of a HAP and no more than two tons per year of 

any other regulated air pollutant, except greenhouse 

gases. Source-specific applicable federal requirements 

include requirements for which emission unit-specific 

information is required to determine applicability. An 

application may not omit information needed to 

determine the applicability of, or to impose, any 

applicable requirement, or to evaluate the fee amount 

required in Section VII of this Rule. [Reference: 40 

CFR Part 70.5(c)]

4.3.2 Correctness of Applications: [Reference: 40 CFR Part 70.5(a)(2) 

and (b)] The owner/operator of a source shall submit an accurate 
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Rule 1101 March 28, 2013 1101-16

and complete application in accordance with the requirements of the 

DISTRICT. 

4.3.2.1 Upon written request of the APCO, the owner/operator 

shall supplement any complete application with 

additional information within the time frame specified 

by the APCO.

4.3.2.2 The owner/operator shall promptly provide additional 

information in writing to the APCO upon discovery of 

submittal of any inaccurate information as part of the 

application or as a supplement thereto, or of any 

additional relevant facts previously omitted which are 

needed for accurate analysis of the application.

4.3.2.3 Intentional or negligent submittal of inaccurate 

information shall be reason for denial of an application.

4.4 Written Requests for DISTRICT Action: The owner/operator shall submit 

a written request to the APCO for the following permit actions:

4.4.1 Administrative Permit Amendment: [Reference: 40 CFR Part 

70.7(d)(3)] For an administrative permit amendment, the owner/ 

operator may implement the change addressed in the written request 

immediately upon submittal of the request.

4.4.2 Permit Modification for a Condition that is not Federally 

Enforceable: For a permit modification for a condition that is not 

federally enforceable, the owner/operator shall submit a written 

request in accordance with the requirements of Regulation IV of 

these Rules and Regulations.

4.4.3 Permits to Operate for New Emissions Units: For Permits to 

Operate for a new emissions unit at a stationary source, the 

owner/operator shall submit a written request in accordance with the 

requirements of Regulation IV of these Rules and Regulations, 

except under the following circumstances:

4.4.3.1 The construction or operation of the emissions unit is a 

modification under EPA regulations promulgated 

pursuant to Title I of the CAA, including 40 CFR Parts 

51, 52, 60, 61, 63; [Reference: 40 CFR Part 

70.7(e)(2)(i)(A)(5)]

4.4.3.2 The construction or operation of the emissions unit is 

addressed or prohibited by permits for other emissions 

units at the stationary source; or, [Reference: 40 CFR 

Part 70.5(a)(ii)]

4.4.3.3 The emissions unit is an acid rain unit subject to Title 

IV of the CAA. [Reference: 40 CFR Part 70.7(e)]

In the circumstances specified in Sections 4.4.3.1, 4.4.3.2, or 4.4.3.3

above, the owner/operator shall apply for a Permit to Operate for the 

new emissions unit pursuant to the requirements of this Rule. 

4.5 Response to Permit Reopening For Cause: [Reference: 40 CFR Part 
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Rule 1101 March 28, 2013 1101-17

70.6(a)(6)(v)] Upon notification by the APCO of a reopening of a permit for 

cause for an applicable federal requirement pursuant to Section 5.8 of this 

Rule, the owner/operator shall respond to any written request for information 

by the APCO within the time frame specified by the APCO.

5 DISTRICT ADMINISTRATIVE PROCEDURES

5.1 Completeness Review of Applications: [Reference: 40 CFR Part 70.5(a)(2) 

and 70.7(a)(4)] The APCO shall determine if an application is complete and 

shall notify the owner/operator of the determination within the following time 

frames:

5.1.1 For an initial permit, permit renewal, or a significant permit 

modification, within 60 days of receiving the application;

5.1.2 For a minor permit modification, within 30 days of receiving the 

application.

The application shall be deemed complete unless the APCO requests 

additional information or otherwise notifies the owner/operator that the 

application is incomplete within the time frames specified above.

5.2 Notification of Completeness Determination: [Reference: 40 CFR Part 

70.7(e)(2)(iii) and 70.8(a)(1 and 2)] The APCO shall provide written 

notification of the completeness determination to EPA, CARB and any 

affected state and shall submit a copy of the complete application to EPA 

within five working days of the determination. The APCO need not provide 

notification for applications from sources that are not major sources when 

EPA waives such requirement for a source category by regulation or at the 

time of approval of the DISTRICT operating permits program.

5.3 Application Processing Time Frames: [Reference: 40 CFR Part 

70.7(a)(2)] The APCO shall act on a complete application in accordance with 

the procedures in Sections 5.4, 5.5, and 5.6 below (except as application 

procedures for acid rain units are provided for under regulations promulgated 

pursuant to Title IV of the CAA), and take final action within the following 

time frames:

5.3.1 For an initial permit for a source subject to this Rule on the date the 

Rule becomes effective, no later than three years after the date the 

Rule becomes effective; [Reference: 40 CFR Part 70.4(b)(11)]

5.3.2 For an initial permit for a source that becomes subject to this Rule 

after the date the Rule becomes effective, no later than 18 months 

after the complete application is received;

5.3.3 For a permit renewal, no later than 18 months after the complete 

application is received;

5.3.4 For a significant permit modification, no later than 18 months after 

the complete application is received;

5.3.5 For a minor permit modification, within 90 days after the application 

is received or 60 days after written notice to the U.S. EPA on the 

proposed decision, whichever is later; or, [Reference: 40 CFR Part 
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Rule 1101 March 28, 2013 1101-18

70.7(e)(2)(iv)]

5.3.6 For any permit application with early reductions pursuant to Section 

112(i)(5) of the CAA, within 9 months from the date a complete 

application is received . [Reference: 40 CFR Part 70.4(b)(11)(iii)]

5.4 Notification and Opportunity for Review of Proposed Decision:

[Reference: 40 CFR Part 70.7(h) and 70.8] Within the applicable time frame 

specified in Section 5.3 above, the APCO shall provide notice of and 

opportunity to review the proposed decision to issue a Permit to Operate in 

accordance with requirements in this Section.

5.4.1 For initial permits, renewal of permits, significant permit 

modifications, and reopenings for cause, the APCO shall provide the 

following: 

5.4.1.1 Written notice, the proposed permit and, upon request, 

copies of the DISTRICT analysis to interested persons 

or agencies. The DISTRICT analysis shall include a 

statement that sets forth the legal and factual basis for 

the proposed permit conditions, including references to 

the applicable statutory and regulatory provisions. 

Interested persons or agencies shall include persons 

who have requested in writing to be notified of 

proposed Rule 1101 decisions, any affected state and 

CARB. [Reference: 40 CFR Part 70.7(h)(3) and 70.8 

(b)(1)]

5.4.1.2 On or after providing written notice pursuant to Section

5.4.1.1 above, public notice that shall be published in at 

least one newspaper of general circulation in the 

DISTRICT and, if necessary, by other means to assure 

adequate notice to the affected public. The notice shall 

provide the following information:

5.4.1.2.1 The identification of the source, the 

name and address of permit holder, the 

activity(ies) and emissions change 

involved in the permit action;

5.4.1.2.2 The name and address of the 

DISTRICT, the name and telephone 

number of DISTRICT staff to contact 

for additional information;

5.4.1.2.3 The availability, upon request, of a 

statement that sets forth the legal and 

factual basis for the proposed permit 

conditions;

5.4.1.2.4 The location where the public may 

inspect the complete application, the 

DISTRICT analysis, and the proposed 

permit;

5.4.1.2.5 A statement that the public may submit 
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Rule 1101 March 28, 2013 1101-19

written comments regarding the 

proposed decision within at least 30 

days from the date of publication and a 

brief description of commenting 

procedures; and,

5.4.1.2.6 A statement that members of the public 

may request the APCO to preside over a 

public hearing for the purpose of 

receiving oral public comment, if a 

hearing has not already been scheduled. 

The APCO shall provide notice of any 

public hearing scheduled to address the 

proposed decision at least 30 days prior 

to such hearing. [Reference: 40 CFR 

Part 70.7(a)(5) and 70.7(h)(1, 2 and 4)]

5.4.1.3 A copy of the complete application, the DISTRICT 

analysis and the proposed permit at the DISTRICT 

office for public review and comment during normal 

business hours;

5.4.1.4 A written response to persons or agencies that 

submitted written comments which are postmarked by 

the close of the public notice and comment period. All 

written comments and responses to such comments 

shall be kept on file at the DISTRICT office and made 

available upon request. [Reference: 40 CFR Part 

70.7(h)(5) and 70.8]

5.4.1.5 After completion of the public notice and comment 

period pursuant to Section 5.4.1.2 above, written notice 

to EPA of the proposed decision along with copies of 

the proposed permit, the DISTRICT analysis, the 

public notice submitted for publication, the 

DISTRICT's response to written comments, and all 

necessary supporting information. [Reference: 40 

CFR Part 70.8]

5.4.2 For minor permit modifications, the APCO shall provide written 

notice of the proposed decision to EPA, CARB, and any affected 

state. Additionally, the DISTRICT shall provide to EPA (and, upon 

request, to CARB or any affected state) copies of the proposed 

permit, the DISTRICT analysis, and all necessary supporting 

information. The DISTRICT analysis shall include a statement that 

sets forth the legal and factual basis for the proposed permit 

conditions, including references to the applicable statutory and 

regulatory provisions. [Reference: 40 CFR Part 70.7(a)(1)(iii and 

v) and (5)]

5.5 Changes to the Proposed Decision: Changes to the proposed decision shall

be governed by the following procedure:
BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 1101 March 28, 2013 1101-20

5.5.1 The APCO may modify or change the proposed decision, the 

proposed permit, or the DISTRICT analysis on the basis of 

information set forth in the comments received during the public 

comment period provided pursuant to Section 5.4.1.2 above, or due 

to further analysis of the APCO. Pursuant to Section 5.4.1.5 above, 

the APCO shall forward any such modified proposed decision, the 

proposed permit, the DISTRICT analysis, and all necessary 

supporting information to EPA. [Reference: 40 CFR 70.7(g)(5) and 

70.8(b)(2)]

5.5.2 If EPA objects in writing to the proposed decision within 45 days of 

being notified of the decision and receiving a copy of the proposed 

permit and all necessary supporting information pursuant to Section 

5.4.1.5 above, the APCO shall not issue the permit. Also, if the 

public petitions EPA within 60 days after the end of EPA’s 45-day 

review period and the permit has not yet been issued, the APCO 

shall not issue the permit until EPA objections in response to the 

petition are resolved. The APCO shall either deny the application or 

revise and resubmit a permit which addresses the deficiencies 

identified in the EPA objection within the following time frames: 

5.5.2.1 For initial permits, permit renewals, and significant 

permit modifications, within 90 days of receiving EPA 

objection; or,

5.5.2.2 For minor permit modifications, within 90 days of 

receipt of the application or 60 days of the notice to 

EPA, whichever is later. [Reference: 40 CFR Part 

70.7(e)(2)(iv) and 70.8(c)]

5.6 Final Decision: If EPA does not object in writing within 45 days of the 

notice provided pursuant to Section 5.4.1.5 above, or the APCO submits a 

revised permit pursuant to Section 5.5.2 above, the APCO shall, 

expeditiously, deny the application or issue the final Permit to Operate. In 

any case, the APCO shall take final action on an application within the 

applicable time frame specified in Section 5.3 above. Failure of the APCO to 

act on a permit application or permit renewal application in accordance to the 

time frames provided in Section 5.3 above, shall be considered final action for 

purposes of obtaining judicial review to require that action on the application 

be taken expeditiously. [Reference: 40 CFR Part 70.4(b)(xi), 70.7(a)(1)(v) 

and (a)(2), and 70.8(c)]

Written notification of the final decision shall be sent to the owner/operator of 

the source, EPA, CARB and any person and affected state that submitted 

comments during the public comment period. Written notification of any 

refusal by the DISTRICT to accept all recommendations for the proposed 

permit that an affected state submitted during the public comment period shall 

be sent to the U.S. EPA and affected states. The APCO shall submit a copy 

of a Permit to Operate as issued to EPA and provide a copy to any person or 

agency requesting a copy. If the application is denied, the APCO shall 
BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 1101 March 28, 2013 1101-21

provide reasons for the denial in writing to the owner/operator along with the 

DISTRICT analysis and cite the specific statute, Rule, or Regulation upon 

which the denial is based. [Reference: 40 CFR Part 70.8(a)(1)]

5.7 District Action on Written Requests: The APCO shall act on a written 

request of the owner/operator for permit action using the applicable procedure 

specified in this Section. 

5.7.1 Administrative Permit Amendment: [Reference: 40 CFR Part 

70.7(d)(3)] The APCO shall take final action no later than 60 days 

after receiving the written request for an administrative permit 

amendment.

5.7.1.1 After designating the permit revisions as an 

administrative permit amendment, the APCO may 

revise the permit without providing notice to the public 

or any affected state.

5.7.1.2 The APCO shall provide a copy of the revised permit 

to the owner/operator and EPA.

5.7.1.3 While the APCO need not make a completeness 

determination on a written request, the APCO shall 

notify the owner/operator if the APCO determines that 

the permit can not be revised as an administrative 

permit amendment.

5.7.2 Permit Modification for a Condition that is not Federally 

Enforceable: [Reference: 40 CFR Part 70.4(b)(14) and 70.6(b)] 

The APCO shall take action on a written request for a permit 

modification for a condition that is not federally enforceable in 

accordance with the requirements of Regulation IV of these Rules

and Regulations under the following circumstances:

5.7.2.1 Any change at the stationary source allowed by the 

permit modification shall meet all applicable federal 

requirements and shall not violate any existing permit 

term or condition; and

5.7.2.2 The APCO provides to EPA a contemporaneous 

written notice describing the change, including the 

date, any change in emissions or air pollutants emitted, 

and any applicable federal requirement that would 

apply as a result of the change.

5.7.3 Permits to Operate for New Emissions Unit: The APCO shall 

take action on a written request for a Permit to Operate for a new 

emissions unit in accordance with the requirements of Regulation IV 

of these Rules and Regulations under the circumstances specified in 

Sections 5.7.2.1 and 5.7.2.2 above. However, if, Sections 4.4.3.1, 

4.4.3.2, and 4.4.3.3 of this Rule apply, the APCO shall require the 

submittal of a standard DISTRICT application and take action on 

that application pursuant to the requirements of this Rule.

5.8 Permit Reopening for Cause: [Reference: 40 CFR Part 70.7(f)] The 
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Rule 1101 March 28, 2013 1101-22

APCO shall reopen and revise a Permit to Operate during the annual review 

period required by Section 42301(c) of the HSC, or petition the DISTRICT 

Hearing Board to do so pursuant to Section 42307 of the HSC, whichever is 

applicable, prior to its expiration date upon discovery of cause for reopening 

or upon notification of cause for reopening by EPA, or within 18 months of 

promulgation of a new applicable federal requirement. The APCO shall act 

only on those parts of the permit for which cause to reopen exists. 

[Reference: 40 CFR Part 70.7(f)(2)]

5.8.1 Circumstances that are cause for reopening and revision of a permit 

include, but are not limited to, the following:

5.8.1.1 The need to correct a material mistake or inaccurate 

statement;

5.8.1.2 The need to revise or revoke a Permit to Operate to 

assure compliance with applicable federal 

requirements;

5.8.1.3 The need to incorporate any new, revised, or additional 

applicable federal requirements, if the remaining 

authorized life of the permit is 3 years or greater, no 

later than 18 months after the promulgation of such 

requirement (where less than 3 years remain in the 

authorized life of the permit, the APCO shall 

incorporate these requirements into the Permit to 

Operate upon renewal); or,

5.8.1.4 The need to re-open a permit issued to acid rain unit 

subject to Phase II of Title IV of the CAA to include:

5.8.1.4.1 Oxides of nitrogen requirements prior to 

January 1, 1999; and,

5.8.1.4.2 Additional requirements promulgated 

pursuant to Title IV as they become 

applicable to any acid rain unit governed 

by the permit. 

 [Reference: 40 CFR Part 70.7(f)(1)]

5.8.2 In processing a permit re-opening, the APCO shall use the same 

procedures as for an initial permit and shall additionally:

5.8.2.1 Provide written notice to the owner/operator and EPA 

at least 30 days, or a shorter period in the case of an 

emergency, prior to reopening a permit; and,

5.8.2.2 Complete action to revise the permit as specified in the 

notice of re-opening within 60 days after the written 

notice to EPA pursuant to Section 5.4.1.5 above if EPA 

does not object, or after the APCO has responded to 

EPA objection pursuant to Section 5.5.2 above. 

 [Reference: 40 CFR Part 70.7(f)(2 and 3) and (g)(5)(i)]

5.9 Options for Operational Flexibility: [Reference: 40 CFR Part 70.4(b)(12) 

and (d)(3)(viii)] The APCO shall allow specified changes in operations at a 

source without requiring a permit revision for conditions that address an 
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Rule 1101 March 28, 2013 1101-23

applicable federal requirement. The APCO shall not allow changes which 

constitute a modification under Title I of the CAA or New Source Review 

Rule, or that result in an exceedance of the emissions allowable under the 

permit, whether expressed therein as a rate of emissions or in terms of total 

emissions without revision to the permit. The source may gain operational 

flexibility through use of the following options:

5.9.1 Alternative Operating Scenarios: [Reference: 40 CFR Part 

70.6(a)(9)] The APCO shall allow the use of alternative operating 

scenarios provided that: 

5.9.1.1 Terms and conditions applicable to each operating 

scenario are identified by the owner/ operator in the 

permit application;

5.9.1.2 The terms and conditions are approved by the APCO;

5.9.1.3 The terms and conditions are incorporated into the 

permit; and,

5.9.1.4 The terms and conditions are in compliance with all 

applicable DISTRICT, State, and federal requirements.

A permit condition shall require a contemporaneous log to record 

each change made from one operating scenario to another.

5.9.2 Voluntary Emissions Caps: [Reference: 40 CFR Part 

70.4(b)(12)(iii) and 70.6 (a), (a)(10) and (c)] The APCO shall issue 

a permit that contains terms and conditions that allow for trading of 

emissions increases and decreases within the stationary source 

solely for the purpose of complying with a voluntary emissions cap 

established in the permit independent of otherwise applicable federal 

requirements provided that:

5.9.2.1 The requirements of Sections 5.9.1.1, 5.9.1.3 and

5.9.1.4 above, are met;

5.9.2.2 The terms and conditions are approved by the APCO as 

quantifiable and enforceable; and,

5.9.2.3 The terms and conditions are consistent with the 

applicable preconstruction permit. 

A permit condition shall require that the owner/operator provide 

written notice to EPA and the APCO 30 days in advance of a change 

by clearly requesting operational flexibility under this Section of this 

Rule. The written notice shall describe the change, identify the 

emissions unit which will be affected, the date on which the change 

will occur and the duration of the change, any change in emissions 

of any air pollutant, whether regulated or not, and any new 

emissions of any air pollutant not emitted before the change, 

whether regulated or not.

5.9.3 Contravening an Express Permit Condition: [Reference: 40 

CFR Part 70.4(b)(12)] The APCO shall allow for changes in 

operation that contravene an express condition addressing an 

applicable federal requirement in a Permit to Operate provided that:

5.9.3.1 The change will not violate any applicable federal 

requirement;
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Rule 1101 March 28, 2013 1101-24

5.9.3.2 The change will not contravene federally-enforceable 

conditions that are monitoring (including test methods), 

recordkeeping, reporting, or compliance certification 

requirements;

5.9.3.3 The change is not a modification under Title I of the 

CAA or any provision of the New Source Review

Rule;

5.9.3.4 The change does not result in exceeding the emissions 

allowable under the permit, whether expressed therein 

as a rate of emissions or in terms of total emissions;

5.9.3.5 Written notice is given to EPA and the APCO 30 days 

in advance of a change, and the notice clearly indicates 

which term or condition will be contravened, requests 

operational flexibility under this subsection, describes 

the change, identifies the emissions units which will be 

affected, the date on which the change will occur, the 

duration of the change, any change in emissions of any 

air pollutant, whether regulated or not, and any new 

emissions of any air pollutant not emitted before the 

change, whether regulated or not; and,

5.9.3.6 The APCO has not provided a written denial to the 

owner/operator within 30 days of receipt of the request 

for an operational change. The written denial shall 

identify which of the requirements of Sections 5.9.3.1, 

5.9.3.2, 5.9.3.3, 5.9.3.4, or 5.9.3.5 above, have not been 

satisfied.

6 PERMIT CONTENT REQUIREMENTS: [Reference: 40 CFR Part 70.6] A 

Permit to Operate shall contain permit conditions that will assure compliance with all 

applicable federal requirements.

6.1 Incorporation of Applicable Federal Requirements: [Reference: 40 CFR 

Part 70.3(c) and 70.6(a)(1) and (b)] A Permit to Operate shall incorporate all 

applicable federal requirements as permit conditions. The following 

procedure shall be used to incorporate an applicable federal requirement as a 

permit condition:

6.1.1 A permit condition that addresses an applicable federal requirement 

shall be specifically identified in the permit, or otherwise 

distinguished from any requirement that is not enforceable by EPA; 

6.1.2 Where an applicable federal requirement and a similar requirement 

that is not federally enforceable apply to the same emissions unit, 

both shall be incorporated as permit conditions, provided that they 

are not mutually exclusive; and,

6.1.3 Where an applicable federal requirement and a similar requirement 

that is not federally enforceable apply to the same emissions unit 

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

control technology), the requirement specified in the preconstruction 
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Rule 1101 March 28, 2013 1101-25

permit (or, in the case of sources without preconstruction permits, 

the more stringent requirement) shall be incorporated as a permit 

condition and the other requirement shall be referenced.

6.2 General Requirements: All Permits to Operate shall contain the conditions 

or terms consistent with 40 CFR Part 70.6 Permit Content, including: 

6.2.1 Emission and Operational Limitations: [Reference: 40 CFR Part 

70.6(a)(1)] The permit shall contain conditions that require 

compliance with all applicable federal requirements, including any 

operational limitations or requirements.

6.2.2 Preconstruction Permit Requirements: [Reference: 40 CFR Part 

70.2 Applicable Requirement (2) and 70.3(c)] The permit shall 

include all of the preconstruction permit conditions for each 

emissions unit.

6.2.3 Origin and Authority for Permit Conditions: [Reference: 40 

CFR part 70.6(a)(1)(i)] The origin and authority for each permit 

term or condition shall be referenced in the permit. 

6.2.4 Equipment Identification: The permit shall identify the equipment 

to which a permit condition applies.

6.2.5 Monitoring, Testing, and Analysis: [Reference: 40 CFR Part 

70.6(a)(3)(i)] The permit shall contain conditions that require 

monitoring, analytical methods, compliance certification, test 

methods, equipment management, and statistical procedures 

consistent with any applicable federal requirement, including those 

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

Part 64. Periodic monitoring shall be required as a condition to 

ensure that the monitoring is sufficient to yield reliable data which 

are representative of the source's compliance with permit conditions 

over the relevant time period.

6.2.6 Recordkeeping: [Reference: 40 CFR Part 70.6(a)(3)(ii)] The 

permit shall include recordkeeping conditions that require:

6.2.6.1 Record maintenance of all monitoring and support 

information associated with any applicable federal 

requirement, including: 

6.2.6.1.1 Date, place, and time of sampling; 

6.2.6.1.2 Operating conditions at the time of 

sampling; 

6.2.6.1.3 Date, place, and method of analysis; 

and,

6.2.6.1.4 Results of the analysis.

6.2.6.2 Retention of records of all required monitoring data 

and support information for a period of at least five 

years from the date of sample collection, measurement, 

report, or application; and,

6.2.6.3 Any other recordkeeping deemed necessary by the 

APCO to ensure compliance with all applicable federal 

requirements.
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Rule 1101 March 28, 2013 1101-26

6.2.7 Reporting: [Reference: 40 CFR Part 70.6(a)(3)(iii)] The permit 

shall include reporting conditions that require the following:

6.2.7.1 Any deviation from permit requirements, including that 

attributable to upset conditions (as defined in the 

permit), shall be promptly reported to the APCO who 

will determine what constitutes "prompt" reporting in 

terms of the requirement, the degree, and type of 

deviation likely to occur;

6.2.7.2 A monitoring report shall be submitted at least every 

six months and shall identify any deviation from permit 

requirements, including that previously reported to the 

APCO (see Section 6.2.7.1 above);

6.2.7.3 All reports of a deviation from permit requirements 

shall include the probable cause of the deviation and 

any preventative or corrective action taken;

6.2.7.4 A progress report shall be made on a compliance 

schedule at least semi-annually and shall include: 1) 

the date when compliance will be achieved, 2) an 

explanation of why compliance was not, or will not be, 

achieved by the scheduled date, and 3) a log of any 

preventative or corrective action taken; and,

6.2.7.5 Each monitoring report shall be accompanied by a 

written statement from the responsible official which 

certifies the truth, accuracy, and completeness of the 

report.

6.2.8 Compliance Plan: [Reference: 40 CFR Part 70.5(c)(8)] The 

permit shall include a compliance plan that: 

6.2.8.1 Describes the compliance status of an emissions unit 

with respect to each applicable federal requirement;

6.2.8.2 Describes how compliance will be achieved if an 

emissions unit is not in compliance with an applicable 

federal requirement at the time of permit issuance; 

6.2.8.3 Assures that an emissions unit will continue to comply 

with those permit conditions with which it is in 

compliance; and 

6.2.8.4 Assures that an emissions unit will comply with, on a 

timely basis, any applicable federal requirement that 

will become effective during the permit term.

6.2.9 Compliance Schedule:[Reference: 40 CFR Part 70.5(c)(8)(iii)(C)] 

The permit shall include a compliance schedule for any emissions 

unit which is not in compliance with current applicable federal 

requirements at the time of permit issuance, renewal, and 

modification (if the non-compliance is with units being modified). 

The compliance schedule shall resemble and be at least as stringent 

as that contained in any judicial consent decree, administrative 

order, or schedule approved by the DISTRICT Hearing Board if 

required by State law and shall require: 
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Rule 1101 March 28, 2013 1101-27

6.2.9.1 A statement that the emissions unit will continue to 

comply with those permit conditions with which it is in 

compliance;

6.2.9.2 A statement that the emissions unit will comply, on a 

timely basis, with an applicable federal requirement 

that will become effective during the permit term;

6.2.9.3 For each condition with which the emissions unit is not 

in compliance with an applicable federal requirement, a 

schedule of compliance which lists all preventative or 

corrective activities, and the dates when these activities 

will be accomplished; and,

6.2.9.4 For each emissions unit that is not in compliance with 

an applicable federal requirement, a schedule of 

progress on at least a semi-annual basis which includes: 

1) the date when compliance will be achieved, 2) an 

explanation of why compliance was not, or will not be, 

achieved by the scheduled date, and 3) a log of any 

preventative or corrective actions taken.

6.2.10 Right of Entry: [Reference: 40 CFR Part 70.6(c)(2)] The permit 

shall require that the source allow the entry of the DISTRICT, 

CARB, or EPA officials for the purpose of inspection and sampling, 

including:

6.2.10.1 Inspection of the stationary source, including 

equipment, work practices, operations, and emissionrelated activity;

6.2.10.2 Inspection and duplication of records required by the 

Permit to Operate; and

6.2.10.3 Source sampling or other monitoring activities.

6.2.11 Compliance with Permit Conditions: [Reference: 40 CFR Part 

70.6(a)(6)] The permit shall include the following provisions 

regarding compliance:

6.2.11.1 The permittee shall comply with all permit conditions;

6.2.11.2 The permit does not convey property rights or 

exclusive privilege of any sort;

6.2.11.3 The non-compliance with any permit condition is 

grounds for permit termination, revocation and 

reissuance, modification, enforcement action, or denial 

of permit renewal;

6.2.11.4 The permittee shall not use the "need to halt or reduce a 

permitted activity in order to maintain compliance" as a 

defense for non-compliance with any permit condition;

6.2.11.5 A pending permit action or notification of anticipated 

non-compliance does not stay any permit condition; 

and

6.2.11.6 Within a reasonable time period, the permittee shall 

furnish any information requested by the APCO, in 

writing, for the purpose of determining: 1) compliance 
BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 1101 March 28, 2013 1101-28

with the permit, or 2) whether or not cause exists for a 

permit or enforcement action.

6.2.12 Emergency Provisions: [Reference: 40 CFR Part 70.6(g)] The 

permit shall include the following emergency provisions:

6.2.12.1 The permitee shall comply with the emergency 

provisions contained in all applicable federal 

requirements;

6.2.12.2 Within two weeks of an emergency event, the 

owner/operator shall submit to the DISTRICT a 

properly signed, contemporaneous log or other relevant 

evidence which demonstrates that:

6.2.12.2.1 An emergency occurred;

6.2.12.2.2 The permittee can identify the cause(s) 

of the emergency;

6.2.12.2.3 The facility was being properly operated 

at the time of the emergency;

6.2.12.2.4 All steps were taken to minimize the 

emissions resulting from the emergency; 

and,

6.2.12.2.5 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;

6.2.12.3 In any enforcement proceeding, the permittee has the 

burden of proof for establishing that an emergency 

occurred.

6.2.13 Severability: [Reference: 40 CFR Part 70.6(b)(5)] The 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 of the permit.

6.2.14 Compliance Certification: [Reference: 40 CFR Part 70.6(b)(5)] 

The permit shall contain conditions for compliance certification 

which include the following requirements:

6.2.14.1 A responsible official shall submit a compliance 

certification to EPA and the APCO every 12 months or 

more frequently as specified in an applicable 

requirement or by the DISTRICT. All compliance 

reports and other documents required to be submitted 

to the DISTRICT by the responsible official shall state 

that, based on information and belief formed after 

reasonable inquiry, the statements and information in 

the document are true, accurate, and complete;

6.2.14.2 The compliance certification shall identify the basis for 

each permit term or condition (e.g., specify the 

emissions limitation, standard, or work practice) and a 

means of monitoring compliance with the term or 
BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 1101 March 28, 2013 1101-29

condition;

6.2.14.3 The compliance certification shall include the 

compliance status and method(s) used to determine 

compliance for the current time period and over the 

entire reporting period; and,

6.2.14.4 The compliance certification shall include any 

additional inspection, monitoring, or entry requirement 

that may be promulgated pursuant to Sections 114(a) 

and 504(b) of the CAA.

6.2.15 Permit Life: [Reference: 40 CFR Part 70.6(a)(2)] With the 

exception of acid rain units subject to Title IV of the CAA and solid 

waste incinerators subject to Section 129(e) of the CAA, each 

Permit to Operate for any source shall include a condition for a fixed 

term not to exceed five years from the time of issuance. A Permit to 

Operate for an acid rain unit shall have a fixed permit term of five 

years. 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.

6.2.16 Payment of Fees: [Reference: 40 CFR Part 70.6(a)(7)] The permit 

shall include a condition to ensure that appropriate permit fees are 

paid on schedule. If fees are not paid on schedule, the permit is 

forfeited. Operation without a permit subjects the source to 

potential enforcement action by the DISTRICT and EPA pursuant to 

Section 502(a) of the CAA.

6.2.17 Alternative Operating Scenarios: [Reference: 40 CFR Part 

70.6(a)(9)] Where the owner/operator 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, including each alternative operating scenario, 

identified in the permit must meet all applicable federal 

requirements and all of the requirements of this Section. 

Furthermore, the source is required to maintain a contemporaneous 

log to record each change from one operating scenario to another.

6.2.18 Voluntary Emissions Caps: [Reference: 40 CFR Part 70.6(a)(10)] 

To the extent applicable federal requirements provide for averaging 

emissions increases and decreases within a stationary source without 

case-by-case approval, the owner/operator may request, subject to 

approval by the APCO, to permit one or more emissions unit(s) 

under a voluntary emissions cap. The permit for each emissions unit 

shall include federally-enforceable conditions requiring that:

6.2.18.1 All applicable federal requirements, including those 

authorizing emissions averaging, are complied with;

6.2.18.2 No individual emissions unit shall exceed any 

emissions limitation, standard, or other requirement;

6.2.18.3 Any emissions limitation, standard, or other 

requirement shall be enforced through continuous 
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Rule 1101 March 28, 2013 1101-30

emission monitoring, where applicable; and 

6.2.18.4 All affected emissions units under a voluntary 

emissions cap shall be considered to be operating in 

violation of the permit, if the voluntary emissions cap 

is exceeded.

6.2.19 Acid Rain Units Subject to Title IV: [Reference: 40 CFR Part 

70.6(a)(4)] The permit for an acid rain unit shall include conditions 

that require compliance with any federal standard or requirement 

promulgated pursuant to Title IV (Acid Deposition Control) of the 

CAA and any federal standard or requirement promulgated pursuant 

to Title V of the CAA, except as modified by Title IV. Acid rain 

unit permit conditions shall include the requirements of 40 CFR Part 

72.9 and the following provisions:

6.2.19.1 The sulfur dioxide emissions from an acid rain unit 

shall not exceed the annual emissions allowances (up to 

one ton per year of sulfur dioxide may be emitted for 

each emission allowance allotted) that the source 

lawfully holds for that unit under Title IV of the CAA 

or the regulations promulgated pursuant to Title IV;

6.2.19.2 Any increase in an acid rain unit's sulfur dioxide 

emissions authorized by allowances acquired pursuant 

to Title IV of the CAA shall not require a revision of 

the acid rain portion of the operating permit provided 

such increases do not require permit revision under any 

other applicable federal requirement;

6.2.19.3 Although there is no limit on the number of sulfur 

dioxide emissions allowances held by a source, a 

source with an acid rain unit shall not use these 

emissions allowances as a defense for noncompliance 

with any applicable federal requirement or DISTRICT 

requirement, including the DISTRICT's New Source 

Review Rule; and,

6.2.19.4 An acid rain unit's sulfur dioxide allowances shall be 

accounted for according to the procedures established 

in regulations promulgated pursuant to Title IV of the 

CAA.

6.2.20 Portable Sources: [Reference: 40 CFR Part 70.6(e)] The permit 

for any portable source, which may operate at two or more locations, 

shall contain conditions that require the portable source to:

6.2.20.1 Meet all applicable DISTRICT, State, and federal 

requirements at each location;

6.2.20.2 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 DISTRICT, 

State, and federal requirements; and,

6.2.20.3 Notify the APCO ten working days prior to a change in 

location.