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(Adopted October 8, 1993)(Amended August 11, 1995)

(Amended November 14, 1997)(Amended November 5, 2010)

RULE 3002. REQUIREMENTS

(a) Requirement for Title V Permit

(1) A person shall not construct, modify, relocate, or operate a Title V facility, 

or equipment located at a Title V facility, without first obtaining a Title V 

permit or permit revision that allows such construction, modification, 

relocation or operation, except for:

(1A) Equipment exempted from permitting requirements pursuant to 

Rule 219 - Equipment Not Requiring a Written Permit Pursuant to 

Regulation II;

(2B) Operation of equipment or a facility pursuant to the application 

shield provisions of subdivision (b) of this rule; and,

(3C) Construction, modification, relocation and operation of equipment 

or a facility authorized by a non-Title V permit issued by the 

Executive Officer. The Executive Officer may issue a non-Title V 

permit to existing Phase One or Phase Two facilities that apply for 

a non-Title V permit prior to the issuance of their initial Title V 

permit.

(2) On and after January 2, 2011, applicable requirements for greenhouse 

gases shall be included in Title V permits for any facility that is otherwise 

required, after that date, to obtain a new, renewed, or revised Title V 

permit pursuant to paragraph (a)(1) of this rule.

(3) On and after July 1, 2011, any facility with a potential to emit ≥ 100,000 

tpy CO2e, on a CO2e basis (Global Warming Potential applied) and a 

Potential to Emit GHGs > 100 tpy GHGs on a mass basis (no Global 

Warming Potential applied) shall apply for a Title V permit within 180 

days after July 1, 2011, unless a Title V permit has already been applied 

for, and all GHG requirements that are applicable requirements (as defined 

in Rule 3000 (b)(4)) shall be included in the permit.

(4) On and after July 1, 2011, any new or modified facility with a Potential to 

Emit increase of > 100,000 tpy CO2e shall be subject to the requirements 

specified in paragraph (a)(1) of this rule.

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(b) Application Shield

Notwithstanding subdivision (a) of this rule, it is not a violation of this rule to 

operate a Title V facility or equipment located at a Title V facility without a 

Title V permit, provided that:

(1) A timely and complete application for initial Title V permit issuance or 

Title V permit renewal for such facility or equipment has been filed with 

the Executive Officer; and,

(2) The Executive Officer has not taken final action on the application.

For the purpose of an application shield, a timely and complete application is one 

that has been submitted in accordance with subdivisions (a) and (c) of Rule 3003. 

The application shield shall not apply if the permit applicant has failed to submit 

information required pursuant to subdivision (d) of this rule.

(c) Duty to Comply

(1) A person shall construct and operate a Title V facility and all equipment 

located at a Title V facility in compliance with all terms, requirements, and 

conditions specified in the Title V permit at all times.

(2) Any non-compliance with a Title V facility permit term, requirement, or 

condition is a violation of Regulation XXX and is a violation of the federal 

Clean Air Act if the permit term, requirement or condition is federally 

enforceable. Each day during any portion of which a violation occurs is a 

separate offense. Any non-compliance shall be grounds for:

(A) enforcement action (under the California Health & Safety Code 

and the federal Clean Air Act);

(B) permit termination;

(C) permit revocation and reissuance;

(D) permit revision; and

(E) denial of a permit renewal or revision application.

(3) It shall not be a defense for a person in any of the actions listed in

paragraph (c)(2) of this rule that it would have been necessary to halt or 

reduce the permitted activity in order to maintain compliance with the 

conditions of the permit, except as provided for in subdivision (g) of Rule

3002.

(4) A permit may be revised, revoked, reopened and reissued, or terminated 

for cause as provided in Rule 3004 - Permit Types and Content, and Rule 

3005 - Permit Revisions. The filing of a request by the holder of a Title V 
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permit, for a permit revision, revocation and reissuance, or termination, or 

of a notification of planned changes or anticipated non-compliance does 

not stay any permit condition.

(d) Duty to Provide Timely Information

An applicant for, or holder of, a Title V permit shall furnish to the Executive 

Officer within a reasonable time, as specified by the Executive Officer in writing, 

any information that the Executive Officer requests in writing to process a permit 

application or to determine whether cause exists for revising, revoking and 

reissuing, or terminating the permit, or to determine compliance with the permit.

(e) Duty to Provide Records

A holder of a Title V permit shall furnish to the Executive Officer within a 

reasonable time, as specified by the Executive Officer in writing, copies of records

that are required, by the permit, to be kept. Copies of information claimed to be 

confidential shall be submitted in a form segregated from other information, 

conspicuously marked "confidential" on each page, with a concise identification 

of the basis for the claim.

(f) Duty to Pay Fees

(1) The applicant for, or holder of, a Title V permit shall pay all required fees 

as specified in Regulation III - Permit Fees.

(2) Failure to pay fees in compliance with paragraph (f)(1) of this rule shall be 

grounds for permit expiration or revocation of the subject permit(s).

(g) Emergency Provisions

An emergency shall constitute an affirmative defense to an action brought for noncompliance with a technology-based limitation if all of the following conditions 

are met:

(1) Properly signed, contemporaneous operating logs or other credible 

evidence that demonstrates compliance with this subdivision are kept at 

the facility;

(2) The owner/operator of a Title V facility demonstrates that an emergency 

occurred and that the permit holder can identify the cause(s) of the 

emergency;
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(3) During the period of the emergency, the facility permit holder took all 

reasonable steps to minimize levels of emissions that exceeded the 

emission standards, or other requirements in the permit;

(4) The owner/operator of a Title V facility submitted a written notice of the 

emergency to the District within two working days of the time when 

emission limitations were exceeded due to the emergency. This notice 

shall contain a description of the emergency, any steps taken to mitigate 

emissions, and corrective actions taken;

(5) The permitted facility was being operated properly (i.e., operated and 

maintained in accordance with the manufacturer’s specifications, and in 

compliance with all regulatory requirements or a compliance plan) before 

the emergency; and

(6) The facility complies with the breakdown provision of Rule 430 -

Breakdown Provisions, or subdivision (i) of Rule 2004 - Requirements, 

whichever is applicable.

In any enforcement proceeding, the facility permit holder seeking to establish the 

occurrence of an emergency shall have the burden of proof.