PROPOSED 10/5/10 RULE 33.1 : 1

VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 33.1 - PART 70 PERMITS - DEFINITIONS (Adopted 10/12/93, Revised 4/10/01, 9/12/06, xx/xx/ 10 )

For the purposes of this rule the following definit ions shall apply:

1. "Acid Rain Source": Any stationary source that includes one or more emission units that are subject to emission reduction requirements or l imitations pursuant to Title IV of the

federal Clean Air Act Amendments of 1990.

2. "Administrative Part 70 Permit Amendment": A mo dification to a Part 70 permit that is being made solely for the purpose of accomplishing one or more of the following objectives:

a. Corrects typographical errors.

b. Makes an administrative change at the source suc h as the name, address or phone number of a person named in the Part 70 permit.

c. Requires more frequent monitoring or reporting b y the permittee.

d. Allows for the transfer of ownership or operatio nal control of a stationary source provided that a written agreement containing a spec ific date for transfer of Part 70 permit responsibility, coverage and liability betwe en the current and new permittee has been submitted to the District.

(Reference: 40 CFR 70.7(d)(1))

3. "Affected State": Any state:

a. Whose air quality may be affected by the issuanc e, modification or reissuance of a Part 70 permit and that is contiguous to the state of California, or

b. That is within 50 miles of the permitted source.

(Reference: 40 CFR 70.2 "Affected States")

4. "Applicable Requirement": Any federal, state, o r District air pollution requirement including any requirement promulgated pursuant to a federal implementation plan for Ventura County and all federally-enforceable requir ements.

5. "CO 2 Equivalent (CO 2 e):" The amount of greenhouse gases emitted relati ve to the global warming potential of each pollutant. CO 2 e shall be computed by multiplying the mass amount of emissions (tons per year) for each greenh ouse gas by the gas’s associated global warming potential and summing the resultant values.PROPOSED 10/5/10 RULE 33.1 : 2

Global warming potentials appear in Table 1 of Rule 2, Definitions.

6 5 . "Emergency": Any situation arising from sudden a nd reasonably unforeseeable events beyond the control of a permittee, including acts o f God, which situation requires immediate corrective action to restore normal opera tion, and that causes the stationary source to exceed a technology-based emission limita tion under the Part 70 permit, due to

unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by i mproperly designed equipment, lack of preventative maintenance, careless or improper o peration, or operator error. (Reference: 40 CFR 70.6(g)(1))

7 6 . "Emissions Allowable Under the Part 70 Permit": A federally-enforceable permit condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including a work pr actice standard, or a federally enforceable emissions cap that a source has assumed to avoid an applicable requirement to which the source would otherwise be subject. (R eference: 40 CFR 70.2 "Emissions Allowable Under the Permit")

8 7 . "EPA Hazardous Air Pollutant": Any hazardous air pollutant listed pursuant to Section 112(b) of the federal Clean Air Act.

9 8 . “Exceedance”: A condition that is detected by mo nitoring that provides data in terms of

an emission limitation or standard and that indicat es that emissions (or opacity) are greater than the applicable emission limitation or standard (or less than the applicable standard in the case of a percent reduction require ment) consistent with any averaging period specified for averaging the results of the m onitoring.

10 9 . “Excursion” A departure from an indicator or sur rogate parameter range established for monitoring under the applicable requirement or Part 70 permit condition, consistent with any averaging period specified for averaging the re sults of the monitoring.

11 10 . "Federally-Enforceable": Any requirement, standa rd or limitation that is enforceable by

the Administrator of the EPA and citizens under the federal Clean Air Act.

12 11 . "Federally-Enforceable Requirement": Any air pol lution requirement set forth in, or authorized by, the federal Clean Air A ct or EPA regulations. In addition, conditions of a Part 70 permit are federally-enforceable requiremen ts, unless such conditions are designated as not being federally-enforceable pursu ant to Rule 33.3.C. Federally enforceable requirements include requirements that are included in regulations promulgated by the administrator of the EPA at the time of issuance of a Part 70 permit but have future effective dates. Federally-enforce able requirements include all of the following:

a. Title I requirements of the federal Clean Air Ac t, including, but not limited to, all of the following:PROPOSED 10/5/10 RULE 33.1 : 3 1) New Source Review (Rule 26) requirements in the state implementation plan approved by the EPA and the terms and conditions of the Authority to Construct issued pursuant to such rule.

2) Prevention of Significant Deterioration (PSD) re quirements and the terms and conditions of the PSD permit (40 CFR Part 52).

3) New Source Performance Standards (40 CFR Part 60 ).

4) National Ambient Air Quality Standards, incremen ts, or visibility requirements, but only as they would apply to sourc es permitted pursuant to Section 504(e) of the federal Clean Air Act.

5) National Emissions Standards for Hazardous Air P ollutants (40 CFR Part 61).

6) Maximum Achievable Control Technology or General ly Available Control Technology Standards and Determinations (40 CFR Par t 63).

7) Any requirement to prepare and register a risk m anagement plan under Section 112(r)(7) of the federal Clean Air Act.

8) Solid Waste Incineration requirements (Section 1 29 of the federal Clean Air Act).

9) Consumer and Commercial Product requirements (Se ction 183 of the federal Clean Air Act).

10) Tank Vessel requirements (Section 183 of the fe deral Clean Air Act).

11) District rules that are approved into the state implementati on plan.

12) Federal Implementation Plan requirements.

13) Enhanced Monitoring and Compliance Certificatio n requirements (Section 114(a)(3) of the federal Clean Air Act).

b. Title III, Section 328 (Outer Continental Shelf) requirements of the federal Clean

Air Act (40 CFR Part 55).

c. Title IV (Acid Deposition Control) requirements of the federal Clean Air Act (40 CFR Parts 72, 73, 75, 76, 77, 78).

d. Title VI (Stratospheric Ozone Protection) requir ements of the federal Clean Air

Act (40 CFR Part 82).PROPOSED 10/5/10 RULE 33.1 : 4

e. Monitoring and Analysis requirements (Section 50 4(b) of the federal Clean Air Act).

13 12 . “Insignificant Activity”: Any emissions unit tha t meets all the following requirements:

a. It is exempt from permitting requirements pursuant to Rule 23;

b. It is not subject to any source-specific federally- enforceable requirement; and

c. It emits no more than 0.5 tons per year of any EPA hazardous air pollutant and no more than 2 tons per year of any regulated air poll utant, except greenhouse gases

.

Source-specific federally-enforceable requirements are requirements for which emission unit-specific information is required to determine applicability.

14 13 . "Minor Part 70 Permit Modification": A modificat ion to a Part 70 permit that meets all of the following criteria:

a. The modification is not a Title I modification.

b. The modification does not violate any federally- enforceable requirements.

c. The modification does not require or change a fe derally-enforceable case-by-case

determination of an emission limitation or other st andard.

d. The modification does not involve any significan t change to any existing federally-enforceable monitoring term or condition or involve any relaxation of reporting or recordkeeping requirements in the Part 70 permit.

e. The modification does not seek to establish or c hange a Part 70 permit condition that established a federally-enforceable emissions cap assumed to avoid an otherwise federally-enforceable requirement.

(Reference: 40 CFR 70.7(e)(2)(i)(A), 70.7(e)(4)(i))

15 14 . "Modified Emissions Unit": As defined in Rule 2 and Rule 26.1.

16 15 . "New Emissions Unit": As defined in Rule 26.1.

17 16 . "Non-Federal Minor Change": A modification to a Part 70 permit that meets all of the following criteria:

a. The modification is not addressed or prohibited by the federally-enforceable portion of the Part 70 permit.PROPOSED 10/5/10 RULE 33.1 : 5

b. The modification is not a Title I modification.

c. The modification does not violate any federally- enforceable requirements.

d. The modification is not subject to any requireme nt under Title IV of the federal

Clean Air Act.

(Reference: 40 CFR 70.4(b)(14), 70.4(b)(15))

18 17 . "Part 70 Permit": A permit issued by the Distric t to fulfill the requirements of Title V of

the federal Clean Air Act and 40 CFR Part 70. This Part 70 permit shall also serve as a permit to operate issued to fulfill the requirement s of Rule 10.B. Notwithstanding the previous sentence a general Part 70 permit shall no t serve as a permit to operate issued to fulfill the requirements of Rule 10.B.

19 18 . "Potential to Emit": The potential to emit for a stationary source is the sum of the potential to emit from all emissions units at the s tationary source. If two or more EPA hazardous air pollutants are emitted from a station ary source, the potential to emit of each EPA hazardous air pollutant that is emitted shall b e summed for the purpose of determining applicability pursuant to Rule 33.B.3.b . Notwithstanding the previous sentence, for the purpose of determining applicabil ity pursuant to Rule 33.B.3, EPA hazardous air pollutant emissions from any oil or g as exploration or production well and associated equipment, and from any pipeline compres sor or pump station shall not be aggregated with such emissions from other similar u nits whether or not such units are located in a contiguous area or are under common co ntrol. Fugitive emissions that are associated with a stationary source shall be includ ed in the potential to emit for the stationary source if such stationary source is spec ified in 40 CFR 70.2 "Major Source" (2)(i-xxvii). Fugitive emissions of EPA hazardous air pollutants shall be included in the potential to emit of a stationary source for the pu rpose of determining applicability pursuant to Rule 33.B.3.

The potential to emit for an emissions unit is the maximum quantity of each regulated air pollutant or EPA hazardous air pollutant that may b e emitted by the emissions unit, based on the emissions unit's physical and operational de sign. Physical and operational design shall include limitations that restrict emissions, such as hours of operation and type or amount of material combusted, stored or processed, provided such limitations are federally-enforceable. (Reference: 40 CFR 70.2 "Major Source", 70.2 "Poten tial to Emit")

20 19 . "Regulated Air Pollutant": Any pollutant which i s emitted into or otherwise enters the ambient air, and which is listed among the followin g:

a. Nitrogen oxides and reactive organic compounds.

b. Any pollutant for which a national ambient air q uality standard has been promulgated pursuant to Section 109 of the federal Clean Air Act.PROPOSED 10/5/10 RULE 33.1 : 6

c. Any pollutant subject to a new source performanc e standard promulgated pursuant

to Section 111 of the federal Clean Air Act.

d. Any ozone-depleting substance specified as a Cla ss I or Class II substance pursuant to Title VI of the federal Clean Air Act.

e. Any pollutant subject to a standard or requireme nt promulgated pursuant to Section 112 of the federal Clean Air Act, including :

1) Any pollutant specified in the list of substance s pursuant to Section 112(r)

of the federal Clean Air Act shall be considered a regulated air pollutant upon promulgation of such list.

2) Any EPA hazardous air pollutant subject to a sta ndard or requirement promulgated by EPA pursuant to Section 112(d) of th e federal Clean Air Act shall be considered a regulated air pollutant u pon promulgation of the

standard or list.

3) Any EPA hazardous air pollutant for which the EP A has failed to promulgate a standard by the deadline established p ursuant to Section 112(e) of the federal Clean Air Act. Any such EPA hazardous air pollutant shall be considered a regulated air pollu tant 18 months after the

missed deadline.

4) Any EPA hazardous air pollutant subject to a Dis trict case-by-case emission limitation determination made pursuant to Section 112(g) of the federal Clean Air Act. For any case-by-case emissi on limitation determination made pursuant to Section 112(g), the EPA hazardous air pollutant shall be considered a regulated air pollu tant only for the stationary source for which such emission limitatio n determination was

made.

f. Greenhouse gases if the source has a potential t o emit of 100,000 tons per year or

more CO 2 equivalent emissions (effective July 1, 2011).

21 20 . "Relocated Emissions Unit": As defined in Rule 2 6.1.

22 21 . "Replacement Emissions Unit": As defined in Rule 26.1.

23 22 . "Responsible Official": one of the following:

a. For a corporation: a president, secretary, treas urer, or vice-president of the corporation in charge of a principal business funct ion, or any other person who performs similar policy or decision-making function s for the corporation, a duly authorized representative of such person if the rep resentative is responsible for thePROPOSED 10/5/10 RULE 33.1 : 7 overall operation of one or more manufacturing, pro duction, or operating facilities applying for or subject to a Part 70 permit and eit her:

1). The facilities employ more that 250 persons or have gross annual sales or expenditures exceeding $25,000,000 (in second quart er 1980 dollars); or

2). The delegation of authority to such representat ives is approved in advance by the District.

b. For a partnership or sole proprietorship: a gene ral partner or the proprietor, respectively.

c. For a municipality, state, federal or other publ ic agency: Either a principal executive officer or ranking elected official. For the purposes of this rule, a principal executive officer of a federal agency inc ludes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

d. For acid rain sources:

1) The designated representative in so far as actio ns standards, requirements, or prohibitions under Title IV of the federal Clean Air Act or any regulations promulgated thereunder are concerned; o r

2) The designated representative for any other purp oses under Rule 33.

(Reference: 40 CFR 70.2 "Responsible Official")

24 23 . "Significant Part 70 Permit Action": A permit ac tion that would:

a. Issue an initial Part 70 permit;

b. Reissue a Part 70 permit; or

c. Modify a Part 70 permit, except an administrativ e Part 70 permit amendment, nonfederal minor change or minor Part 70 permit mod ification.

25 24 . "Significant Part 70 Permit Modification": Any m odification to a Part 70 permit that is not either an administrative Part 70 permit amendme nt, nonfederal minor change or minor Part 70 permit modification.

26 25 . "Title I Modification": A modification to a Part 70 permit that meets any of the following

criteria:

a. The modification is subject to Rule 26.10. (Ref erence: 40 CFR 52.21(b)(23)(i))PROPOSED 10/5/10 RULE 33.1 : 8

b. The modification is a Major Modification as defi ned in Rule 26.1. (Reference: CAA Section 182(c)(6))

c. The increase in potential to emit any EPA hazard ous air pollutant from all new, modified, replacement, or relocated emission units at the stationary source, which are covered by the application for such Part 70 per mit modification would be greater than the de minimis level for such EPA haza rdous air pollutant specified by EPA rulemaking pursuant to Section 112(g) of the federal Clean Air Act or District rulemaking.

d. Any modification to a source that would be defin ed as a modification under 40 CFR Part 60, Standards of Performance for New Stati onary Sources. (Reference: 40 CFR 60.14)

e. Any modification to a source that would be defin ed as a modification under 40

CFR Part 61 and Part 63 , National Emissions Standards for Hazardous Air Pollutants. (Reference: 40 CFR 61.15, 40 CFR 63.2 )