# REGULATION V

PROCEDURES FOR

ISSUING PERMITS

TO OPERATE FOR

SOURCES SUBJECT

TO TITLE VNORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

REGULATION V Procedures for Issuing Permits to Operate for Sources Subject to Title V

Of the Federal Clean Air Act Amendments of 1990.

Table of Contents

RULE 500 Reserved and Intentionally Left Blank

RULE 501 PURPOSE AND GENERAL REQUIREMENTS 1.0 Purpose 2.0 General Requirements of Regulation V 3.0 Precedence over Conflicting Requirements & Continuation of Existing Progr am 4.0 Applicability

RULE 502 APPLICATION AND PERMIT REQUIREMENTS 1.0 Permit Requirement and Application Shield 2.0 Application Requirements 3.0 Standard AQMD Application 4.0 Application Content 5.0 Correctness of Application 6.0 Written Requests for AQMD Action 7.0 Response to Permit Reopening for Cause

8.0 Portable Sources 9.0 Emergency Events 10.0 Record Keeping 11.0 Reporting Requirements 12.0 Voluntary Emissions Caps

13.0 Definitions

RULE 503 DISTRICT ADMINISTRATIVE PROCEDURES 1.0 Completeness Review of Applications 2.0 Notification of Completeness Determination 3.0 Application Processing Timeframes 4.0 AQMD Analysis of Permit Application 5.0 Notification and Opportunity for Review of Proposed Decision 6.0 Changes to the Proposed Decision

7.0 Permit Issuance or Denial 8.0 AQMD Action on Written Requests 9.0 Permit Reopening for Cause 10.0 Operational Flexibility

RULE 504 PERMIT CONTENT 1.0 Applicable Federal Requirements 2.0 General Requirements 3.0 Record Keeping 4.0 Monitoring, Testing and Analysis 5.0 Reporting 6.0 Compliance Plan 7.0 Compliance Schedule 8.0 Emergency Provisions

9.0 Portable Sources 10.0 Compliance Certification

11.0 Permit Life 12.0 Payment of Fees 13.0 Alternative Operating Scenarios 14.0 Voluntary Emissions Caps 15.0 Acid Rain Units Subject to Title IVNORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 500-1 

### Rule 500

Reserved and intentionally left blank.NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 501-1



### Rule 501 Purpose and General Requirements

(Adopted December 10, 1993 as Reg. V, Rule 100, 110, 120, 200 & 300; Revised November 21 1994 as Reg. V, Rule 100, 110,120, 200 & 300 Proposed for Revision May 19, 2001 as Rule 50, Proposed for Revision December 16, 2004, Revised May 19, 2005).

CONTENTS

1.0 PURPOSE

2.0 GENERAL REQUIREMENTS OF REGULATION V

3.0 PRECEDENCE OVER CONFLICTING REQUIREMENTS & CONTINUATION OF EXISTING

PROGRAM

4.0 APPLICABILITY 4.1 Sources Subject to Regulation V 4.2 Sources Exempt from Regulation V 4.3 Acid Rain Units Subject to Title IV Requirements

RULE 501: PURPOSE AND GENERAL REQUIREMENTS

1.0 PURPOSE: The purpose of Regulation V is to implement the requirements of Tit le V of the federal Clean Air Act, as amended in 1990, for permits to operate . Additionally, Regulation 5 is used to implement the Phase II acid deposition control provisions of Ti tle IV of the Clean Air Act, including provisions for Acid Rain Permits.

2.0 GENERAL REQUIREMENTS OF REGULATION V: After the effective date of Regulation V, the North Coast Unified Air Quality Management District wil l implement an operating permit program pursuant to the requirements of this Regulation, as provided in T itle V. Title V provides for the establishment of operating permit programs for sources w hich emit regulated air pollutants, including attainment and nonattainment pollutants.

Sources subject to Regulation V include major sources, acid rain unit s subject to Title IV of the Clean Air Act, solid waste incinerators subject to section 111 or 129 of the Clean Air Act, and any other sources specifically designated by rule of the U.S. EPA.

The AQMD criteria for Title V insignificant activities a re set forth in Rule 502(4.18) and Attachment 1 of Regulation V.

Sources subject to Regulation V shall obtain permits to operate pursuant to it. Each permit to operate issued pursuant to Regulation V will contain conditions and req uirements adequate to ensure compliance with and the enforceability of the following:

2.1 All applicable provisions of Division 26 of the Health and Safety Code, commencing with section 39000;

2.2 All applicable orders, rules, and regulations of the AQMD and the C alifornia Air Resources Board;

2.3 All applicable provisions of the applicable state implementation pl an required by the Clean Air Act;

2.4 Each applicable emission standard or limitation, rule, regulation, or requirement adopted or promulgated to implement the Clean Air Act; and

2.5 The requirements of all preconstruction permits issued pursuant to Pa rts C and D of the

Clean Air Act.NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 501-2 The operation of an emissions unit, to which Regulation V is applicable , without a permit or in violation of any applicable permit condition or requirement constitutes a violation of Regulation

V.

[Reference: 40 CFR 70.6(a)(6)(i) and 70.7(b)]

3.0 PRECEDENCE OVER CONFLICTING REQUIREMENTS AND CONTI NUATION OF

EXISTING PROGRAM: The requirements of Regulation V shall augment and take precedence over conflicting administrative requirements of other provisions of th e AQMD’s rules and regulations, if any.

Regulation V does not alter any applicable requirement that a s ource obtain preconstruction permits, or permits to operate pursuant to Health and Safety Code S ection 42301. The AQMD will continue to implement its existing program pertaining to pre vention of significant deterioration, Regulation I, Rule 110, and permits required by Regulation I, Rule 102(1,3) and (4), including authorities to construct, Rule 102(2) or new source review, Rule 110. Nothing in Regulation V limits the authority of the AQMD, including the hea ring board, to deny, revoke or terminate a permit pursuant to provisions of state law, including Cal ifornia Health and Safety Code Sections 40808 and 42301-42309, or to impose conditions on a permit pursuant to state law. [Reference 40 CFR 70.7(a)(6)]

4.0 APPLICABILITY

4.1 Sources Subject to Regulation V : The sources listed below are subject to the requirements of Regulation V and are required to obtain and maintain permits to opera te:

4.1.1 A major source;

4.1.2 A source with an acid rain unit for which application for an Acid Rain Permit is required pursuant to Title IV of the Clean Air Act;

4.1.3 A solid waste incinerator subject to a performance standard p romulgated pursuant to section 111 or 129 of the Clean Air Act;

4.1.4 Any other source in a source category designated by rule of the U.S. EPA, pursuant to 40 CFR Part 70.3; and

4.1.5 Any source that is subject to a standard or other requirement promul gated pursuant to section 111 or 112 of the Clean Air Act, published after July 21, 1992, designated by the U.S. EPA pursuant to 40 CFR Part 70.3 at the time the new standard is promulgated. [Reference: 40 CFR 70.3(a)]

4.1.6 Upon amendment of the California Health and Safety Code to allow the issuance of Title V permits to any equipment used in agricultural opera tions in the growing of crops or the raising of fowl or animals, such sources shall be subject to evaluation for applicability to the requirements of Title V.

4.2 Sources Exempt from Regulation V: The sources listed below are not subject to the requirements of Regulation V:

4.2.1 Any stationary source that would be required to obtain a permit s olely because it is subject to 40 CFR Part 60, Subpart AAA (Standards of Performance for New Residential Wood Heaters);

4.2.2 Any stationary source that would be required to obtain a permit s olely because it is subject to 40 CFR Part 61, Subpart M, section 145 (National Emission Standards for Asbestos, Standard for Demolition and Renovation); and

4.2.3 Any other source in a source category deferred by U.S. EPA pursuant to 40 CFR Part 70.3 by U.S. EPA rulemaking, unless such source is otherwise subject to Title V (i.e., it is a major source).NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 501-3 [Reference: 40 CFR 70.3(b)]

4.3 Acid Rain Units Subject to Title IV Requirements: The North Coast Unified Air Quality Management District (NCUAQMD) hereby adopts and incorpora tes by reference the provisions of 40 CFR Part 72 for purposes of implementing an acid rain program that meets the requirements of Title IV of the Clean Air Act as of the date t hat the Environmental Protection Agency (EPA) approves the AQMD Title V program (which is set forth in Regulation V, Rule 504(1.5)). The effective date of this rule shall be the date on which the AQMD receives delegation from the EPA for the impl ementation of the Title V program.

For the purposes of this rule the term “permitting authority”, as that term is used in Part 72, shall mean the North Coast Unified Air Quality Management District, and t he term

“Administrator” shall mean the Administrator of the United States Environm ental Protection Agency.

For those facilities which are subject to this rule, if the provisions or require ments of 40 CFR Part 72 are determined to conflict with Regulation 5, Rule 504(1.5), the provisions and requirements of Part 72 shall apply and take precedence.

In the event that EPA makes any subsequent amendments to Part 72, all such amendments shall be deemed to be included as part of this Rule without further action by the AQMD. [Reference: 40 CFR 72]NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-1



### Rule 502 Application & Permit Requirements

(Adopted December 10, 199 as Reg.V, Rules 400,405,410,415,420,425,430,440,450,460,& 470; Revised November 21, 1994 and May 18, 2001,as Reg. V, Rules 400,405,410,415,420,425,430,440,450,460,& 470; Proposed for Revision May 19, 2001 as Rule 502, Proposed for Revision December 16, 2004, Revised May 19, 2005)

.

RULE 502 CONTENTS

1.0 PERMIT REQUIREMENT AND APPLICATION SHIELD 1.1 Permit Requirement 1.2 Application Shield 1.3 Compliance with Other Permit Requirements 1.4 Termination of Application Shield

2.0 APPLICATION REQUIREMENTS

2.1 Initial Permit

2.2 Permit Renewal 2.3 Significant Permit Modification

2.4 Minor Permit Modification

2.5 Acid Rain Unit Permit Modification

3.0 STANDARD AQMD APPLICATION

4.0 APPLICATION CONTENT

5.0 CORRECTNESS OF APPLICATION

6.0 WRITTEN REQUESTS FOR AQMD ACTION

6.1 Administrative Permit Amendment 6.2 Permit Modification for a Condition that is not Federally Enforceable 6.3 Permits to Operate for New Emissions Units

7.0 RESPONSE TO PERMIT REOPENING FOR CAUSE

8.0 PORTABLE SOURCES

9.0 EMERGENCY EVENTS

10.0 RECORD KEEPING

11.0 REPORTING REQUIREMENTS

12.0 VOLUNTARY EMISSIONS CAPS

13.0 DEFINITIONS

RULE 502:

ADMINISTRATIVE PROCEDURES FOR SOURCES

1.0 PERMIT REQUIREMENT AND APPLICATION SHIELD:

1.1 Permit Requirement: No person shall operate an emissions unit at a stationary source subject to the requirements of Regulation V except in compliance w ith permits to operate issued pursuant to Regulation V or under the protection of the application s hield of subsection (1.2). Except as provided in subsection (1.2) and in Rule 502(2.4), opera tion of an emissions unit at a source subject to Regulation V without a permit issued pursuant to Regulation V constitutes a violation of Regulation V. Operation of a n emissions unit at aNORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-2 permitted source out of compliance with the terms of the permit a lso constitutes a violation of Regulation V.

Regulation V does not alter any applicable requirement that a sour ce obtain preconstruction permits. [Reference 40 CFR 70.7(a)(6) and (b)]

1.2 Application Shield: If a responsible official submits, pursuant to Regulation 5, a time ly and complete application for a permit, a source shall not be deemed in violation of the requirement to have a permit to operate until the Air Pollution Control Officer takes final action on the application. [Reference: 40 CFR 70.7(b) and (e)(2)(v)]

This application shield does not apply to sources applying for permi t modifications. For permit modifications, a source shall operate in accordance with the applicable federal requirements, the permit to operate issued pursuant to Regulation 5 and any temporary permit to operate issued pursuant to section 42301.1 of the Health and Safety Code. [Reference: 40 CFR 70.7(a)(6)(iii), 70.7(b) and (e)(2)(v)]

1.3 Compliance With Other Permit Requirements: If a responsible official submits a timely and complete application for an initial permit, the source shall operate in accordance with the requirements of any valid permit to operate issued pursuant to section 42301 of the Health and Safety Code until the Air Pollution Control Of ficer takes final action on the application. If a responsible official submits a tim ely and complete application for renewal of a permit to operate, the source s hall operate in accordance with the permit to operate issued pursuant to Regulation V, notwithstanding e xpiration of this permit, until the Air Pollution Control Officer takes final action on the applic ation.

1.4 Termination of Application Shield: The application shield of subsection (1.2) shall cease to insulate a source from enforcement action if a responsi ble official of the source fails to submit any additional information requested by the Air Pollution Control Officer pursuant to Rule 502(5) in a timely manner as specified by the Ai r Pollution Control Officer. [Reference: 40 CFR 70.7(b)]

2.0 APPLICATION REQUIREMENTS:

[Reference: 40 CFR 70.5]

2.1 Initial Permit:

2.1.1 For a source that is subject to Regulation V by operation of Rule 501(4.1.5) on the effective date of Regulation V, a responsible official shall submit a co mplete standard AQMD application within 180 days after the effective date of

Regulation V. [Reference: 40 CFR 70.5(a)(1) and (c)(10)]

2.1.2 For a source that is subject to Regulation V by operation of Rule 501( 4.1.1) through (4.1.4) on the effective date of Regulation V, a responsible offi cial shall submit a complete standard AQMD application within 12 months after the effective date of Regulation V [ Reference: 40 CFR 70.5(a)(1) and (c)(10)]

2.1.3 For a source that becomes subject to Regulation V after the date the rule becomes effective, a responsible official shall submit a complete standar d AQMD application for a permit pursuant to Regulation V within 12 months after commencing operation or of otherwise becoming subject to Regulation V.

2.1.4 For a source with an acid rain unit, a responsible official shall submit a standard AQMD application and acid rain permit applications to the AQMD as provided in subsections (2.1.1) or (2.1.2) above. If the source is subject to Regulation V because of Rule 501(4.1.1), a responsible official shall submit aNORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-3 standard AQMD application and acid rain permit applications to the AQMD by January 1, 1996 or, if applicable, by a later date established pursuant to 40 CFR Part 72. [Reference: 40 CFR 70.5(a)and (c)(10)]

2.2 Permit Renewal: For renewal of a permit, a responsible official shall submit a complete standard AQMD application no earlier than 18 months and no la ter than 6 months before the expiration date of the current permit to operate. A responsible official shall submit applications for renewal of permits to operate for all emissions units at a stationary source for simultaneous review. [Reference: 40 CFR 70.5(a)(1) (iii)]

2.3 Significant Permit Modification: After obtaining any required preconstruction permits, a responsible official shall submit a standard AQMD application f or each emissions unit affected by a proposed permit revision that qualifies as a signi ficant permit modification. Upon request by the Air Pollution Control Officer, the responsible off icial shall submit copies of the latest preconstruction permit for each affected em issions unit. The emissions unit(s) shall not commence operation until the Air Pollution Control Of ficer takes final action to approve the permit revision. [Reference: 40 CFR 70.5(a)(1)(ii)]

2.4 Minor Permit Modification: After obtaining any required preconstruction permits, a responsible official shall submit a standard AQMD 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 shal l not commence operation until the Air Pollution Control Officer takes final acti on to approve the permit revision. In the application, the responsible official shall include the following:

2.4.1 A description of the proposed permit revision, any change in emissions, and additional applicable federal requirements that will apply;

2.4.2 Proposed permit terms and conditions; and

2.4.3 A certification by a responsible official that the permit revision meet s criteria for use of minor permit modification procedures and a request that suc h procedures be

used. [Reference: 40 CFR 70.5(a)(ii) and 70.7(e)(2)(ii and v)]

2.5 Acid Rain Unit Permit Modification: A permit modification of the acid rain portion of the operating permit shall be governed by regulations promulgated pursua nt to Title IV of the Clean Air Act. [Reference: 40 CFR 70.7(e)]

3.0 STANDARD AQMD APPLICATION: A responsible official filing an application for a permit pursuant to Regulation V must submit that application on standard AQMD a pplication forms. Additional information which does not fit on the standard forms may be attached.

4.0 APPLICATION CONTENT: When submitting an application for a permit pursuant to Regulation V, the responsible official shall include the following information: [Reference: 40 CFR 70.5]

4.1 Information identifying the source; [Reference: 40 CFR 70.5(c)(1)]

4.2 Description of processes and products (by Standard Industrial Classif ication Code) including any associated with proposed alternative operating scenarios; [Reference: 40 CFR 70.5(c)(2)]

4.3 A schematic diagram and plot plan of the stationary source, ident ifying each emissions unit and keyed to the listing of subsection (4.4).

4.4 A listing and enumeration of all existing emissions units at the stationary sour ce, keyed to the diagram and plot plan of subsection (4.3), and identification and descr iption ofNORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-4 all points of emissions from the emissions units in sufficient det ail to establish the applicable federal requirements and the basis for fees pursuant to Regulation IV, Rule 103 (1)and (2). [Reference: 40 CFR 70.5(c)(3)(i)]

4.5 Citation and description of all applicable federal requirements, inf ormation and calculations used to determine the applicability of such requirem ents and other information that may be necessary to implement and enforce such requirements; [Reference: 40 CFR 70.5(c)(3)(vii)and (4)(i and ii)]

4.6 Calculation of all emissions, including fugitive emissions, in tons pe r year and in such terms as are necessary to establish compliance with the all applicable AQMD, state, or federal requirements for the following:

4.6.1 All regulated air pollutants emitted from the source,

4.6.2 Any hazardous air pollutant that the source has the potential to emit in quantities equal to or in excess of 10 tons per year, and

4.6.3 If the source has the potential to emit two or more hazardous air pollutants in quantities equal to or in excess of 25 tons per year, all hazardous air pollutants emitted by the source; [Reference: 40 CFR 70.5(c)(3)(i and viii)]

4.7 As these affect emissions from the source, the identification of fuels, fuel use, raw materials, production rates, operating schedules, limitations on s ource operation or workplace practices; [Reference: 40 CFR 70.5(c)(3)(iv and vi)]

4.8 An identification and description of air pollution control equipment and compl iance monitoring devices or activities; [Reference: 40 CFR 70.5(c)(3)(v)]

4.9 Other information required by an applicable federal requirement; [Reference: 40 CFR 70.5(c)(3)(vii)and (5)]

4.10 The information needed to define permit terms or conditions implement ing a source's options for operational flexibility, including alternative operating scenarios, pursuant to subsection Rule 580; [Reference: 40 CFR 70.5(c)(7)]

4.11 A compliance plan and compliance schedule with the following:

4.11.1 A description of the compliance status of each emissions unit within the stationary source with respect to applicable federal requirements;

4.11.2 A statement that the source will continue to comply with such other applicable federal requirements that the source is already in compliance with;

4.11.3 A statement that the source will comply, on a timely basis, with applicable federal requirements that will become effective during the permit ter m; and

4.11.4 A description of how the source will achieve compliance with requirements for which the source is not in compliance; [Reference: 40 CFR 70.5(c)(8)]

4.12 For a source not in compliance with an applicable federal requireme nt at the time of permit issuance, renewal, or modification (if the non-compliance is with units being modified), a schedule of compliance which resembles and is at lea st as stringent as that contained in any judicial consent decree, administrative order, or schedule approved by the AQMD hearing board if required by state law and which identifiesNORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-5 remedial measures with specific increments of progress, a final compl iance date, testing and monitoring methods, recordkeeping requirements, and a schedule for submission of certified progress reports to the U.S EPA and the Air Pollut ion Control Officer at least every 6 months; [Reference: 40 CFR 70.5(c)(8)(iii)(C)]

4.13 A certification by a responsible official of all reports and oth er documents submitted for permit application, compliance progress reports at least e very 6 months, statements on compliance status with any applicable enhanced monit oring, and compliance plans at least annually which shall state that, based on information and belief formed after reasonable inquiry, the statements and informa tion in the document are true, accurate, and complete; [Reference: 40 CFR 70.5(c)(9) and (d)]

4.14 For a source with an acid rain unit, an application shall include the elements required by 40 CFR Part 72; [ Reference: 40 CFR 70.5(c)(10)]

4.15 For a source of hazardous air pollutants required to submit a risk m anagement plan pursuant to section 112(r) of the Clean Air Act, the application shall include verification that such a plan has been submitted to the authorized implementing agenc y, or a compliance schedule for the submittal of the plan; and

4.16 For proposed portable sources, the application shall identify all locat ions of potential operation and how the source will comply with all applicable AQMD, s tate, and federal requirements at each location. [Reference: 40 CFR 70.6(e)]

4.17 Identification of fees specified in Regulation IV, Rule 400.

4.18 Activities identified as insignificant in Attachment 1 of Reg ulation V based upon size and production rate shall be listed in the permit application. An applicat ion may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required pursuant to Regula tion IV, Rule 400 (1,2). [Reference: 40 CFR Part 70.5(c)]” [Reference: 40 CFR 70.6(a)(7)]

5.0 CORRECTNESS OF APPLICATIONS:

5.1 A responsible official of a source shall submit an accurate and c omplete application in accordance with the requirements of the AQMD.

5.2 Upon written request of the Air Pollution Control Officer, a respons ible official shall supplement any complete application with additional information within the time frame specified by the Air Pollution Control Officer.

5.3 A responsible official shall promptly provide additional informati on in writing to the Air Pollution Control Officer upon discovery of submittal of any inaccura te information as part of the application or as a supplement thereto, or of any additiona l relevant facts previously omitted which are needed for accurate analysis of the applicati on.

5.4 Intentional or negligent submittal of inaccurate information constit utes sufficient reason for denial of an application. [Reference: 40 CFR 70.5(a)(2) and (b)]NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-6 6.0 WRITTEN REQUESTS FOR AQMD ACTION: A responsible official shall submit a written request to the Air Pollution Control Officer for the following permit actions :

6.1 Administrative Permit Amendment: A responsible official may implement an administrative permit amendment change upon submittal of the reques t to the AQMD, except that transfer of ownership must be processed by the AQMD. [Reference: 40 CFR 70.7(d)(3)]

6.2 Permit Modification for a Condition that is not Federally E nforceable: For a permit modification for a condition that is not federally enforceable, a r esponsible official shall submit a written request in accordance with the requirements of Regulation I V, Rule 400.

6.3 Permits to Operate for New Emissions Units: For permits to operate for a new emissions unit at a stationary source, a responsible official s hall submit a written request in accordance with the requirements of Regulation 1, Rule 103(7), except under the following

circumstances:

6.3.1 The construction or operation of the emissions unit is a modification under U.S. EPA regulations promulgated pursuant to Title I of the Clean Air Act, including 40 CFR Parts 51, 52, 60, 61, 63; [Reference: 40 CFR 70.7(e)(2)(i)(A)(5)]

6.3.2 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 70.5(a)(ii)]

6.3.3 The emissions unit is an acid rain unit subject to Title IV of the Clean Air Ac t. [Reference: 40 CFR 70.7(e)]

In the circumstances specified in subsections (6.3.1), (6.3.2) or (6.3. 3), a responsible official shall apply for a permit to operate for the new emis sions unit pursuant to the requirements of Regulation 5.

7.0 RESPONSE TO PERMIT REOPENING FOR CAUSE: Upon notification by the Air Pollution Control Officer of a reopening of a permit for cause for an applicable federal requirement pursuant to Rule 570, a responsible official shall respond to a ny written request for information by the Air Pollution Control Officer within the time frame specified by the Air

Pollution Control Officer. [Reference: 40 CFR 70.6(a)(6)(v)]

8.0 PORTABLE SOURCES:

8.1 Any portable source which may operate at two or more locations sha ll meet all applicable AQMD, state and applicable federal requirements at each locat ion.

8.2 A responsible official shall notify the Air Pollution Control Offi cer not sooner than thirty days and not later than ten days before a change in location of a portable source which may operate at two or more locations. [Reference 40 CFR 70.6(e)]

9.0 EMERGENCY EVENTS:

9.1 The permittee shall comply with the emergency provisions containe d in all applicable federal requirements;NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-7 9.2 Within two weeks of an emergency event, the responsible official s hall submit to the AQMD a signed contemporaneous log or other relevant evidence which demonstrates tha t:

9.2.1 An emergency occurred;

9.2.2 The permittee can identify the cause(s) of the emergency;

9.2.3 The facility was being properly operated at the time of the emergency;

9.2.4 All steps were taken to minimize the emissions resulting from the emergen cy; and

9.2.5 Within two working days of the emergency event, the permittee shall notify the AQMD with a description of the emergency and any mitigating or corrective actions taken;

9.3 In any enforcement proceeding, the permittee has the burden of proof to establish that an emergency occurred. [Reference: 40 CFR 70.6(g)]

10.0 RECORDKEEPING:

10.1 A responsible official shall maintain records of all monitoring a nd support information associated with any applicable federal requirement , including:

10.1.1 Date, place, and time of sampling;

10.1.2 Operating conditions at the time of sampling;

10.1.3 Date, place, and method of analysis; and

10.1.4 Results of the analysis;

10.2 A responsible official shall retain records of all required monit oring data and support information for a period of at least five years from the date of sample collection, measurement, report, or application; and

10.3 A responsible official shall maintain any other records deemed necessary by the Air Pollution Control Officer to ensure compliance with all applicable federal requirements.

11.0 REPORTING REQUIREMENTS:

11.1 A responsible official shall submit to the AQMD a monitoring repor t at least every six months which shall identify any deviation from permit requirement s, including that information previously reported to the Air Pollution Control Officer pur suant to subsection (11.2).

11.2 A responsible official shall submit to the AQMD a report of a ny deviation from permit requirements, including those attributable to emergency or breakdown conditi ons (as defined in the permit). This information shall be promptly reporte d to the Air Pollution Control Officer who will determine what constitutes "prompt" r eporting in terms of the requirement, the degree, and type of deviation likely to occur.

11.3 Each report of a deviation from permit requirements shall descri be the probable cause of the deviation and any preventative or corrective action taken.

11.4 Each monitoring report submitted pursuant to subsection (11.1) or (11.2) shal l be accompanied by a written statement from the responsible offici al who certifies the truth, accuracy, and completeness of the report.

11.5 A responsible official shall submit to the AQMD a progress re port on a compliance schedule at least semi-annually and shall include the date when co mpliance will be achieved, an explanation of why compliance was not, or will not be, achi eved by the scheduled date, and a log of any preventative or corrective action taken.NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-8 [Reference: 40 CFR 70.6(a)(3)(ii)]

12.0 VOLUNTARY EMISSIONS CAPS: To the extent applicable federal requirements provide for averaging emissions increases and decreases within a stationar y source without case-by-case approval, a responsible official may request, subject to approval by t he Air Pollution Control Officer, to permit one or more emissions unit(s) under a voluntary em issions cap, subject to the following conditions:

12.1 The stationary source and each emissions unit must comply with all applicable federal requirements, including those authorizing emissions averaging;

12.2 Emissions from any individual emissions unit shall not exceed any emissions limitation, standard, or other requirement;

12.3 Any emissions limitation, standard, or other requirement shall be e nforced through continuous emission monitoring, where applicable; and

12.4 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.

12.0 DEFINITIONS: The definitions in this section apply throughout Regulation V and are der ived from related provisions of the U.S. EPA's Title V regulations in P art 70 of the Code of Federal Regulations, "State Operating Permit Programs." The terms defined in this section are italicized throughout Regulation V.

12.1 ACID RAIN UNIT
An "acid rain unit" is any fossil-fuel-fired combustion device that is an af fected unit under 40 CFR
Part 72.6 and therefore subject to the requirements of Title IV (A cid Deposition Control) of the

Clean Air Act.[Reference: 40 CFR 70.2 Affected Unit]

12.2 ADMINISTRATIVE PERMIT AMENDMENT
An "administrative permit amendment" is an amendment to a permit to operate w hich:

(1) Corrects a typographical error;
(2) Identifies a minor administrative change at the stationar y source; for example, a change in
the name, address, or phone number of any person identified in the permit;
(3) Requires more frequent monitoring or reporting by a responsible of ficial of the stationary

source; or (4) Transfers ownership or operational control of a stationary source, provided that, prior to
the transfer, the Air Pollution Control Officer receives a written agreement which
(a) specifies a date for the transfer of permit responsibility , coverage, and liability from the
current to the prospective permittee.[Reference: 40 CFR 70.7(d)]
(b) a statement with the permit attached that states new owne r has received, read and
understands and agrees to comply with the each and every permit conditions.

12.3 AFFECTED STATE
An "affected state" is any state that is contiguous with the District and whose air quality may be
affected by a permit action, or is within 50 miles of the sourc e for which a permit action is being
proposed.[Reference: 40 CFR 70.2 Affected States]NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-9 12.4 AIR POLLUTION CONTROL OFFICER (APCO)
"Air Pollution Control Officer" refers to the air pollution control officer of the North Coast
Unified Air Quality Management District, appointed pursuant to Heal th and Safety Code Section

40750.

12.5 APPLICABLE FEDERAL REQUIREMENT
An "applicable federal requirement" is any requirement which is enforceable by the U.S. EPA and
citizens pursuant to section 304 of the Clean Air Act and is set forth in, or authorize d by, the Clean
Air Act or a U.S. EPA regulation. An "applicable federal requir ement" includes any requirement
of a regulation in effect at permit issuance and any requireme nt of a regulation that becomes
effective during the term of the permit. Applicable federal requirements in clude:

(1) Title I requirements of the Clean Air Act, including:

(A) New Source Review requirements in the State Implementati on Plan approved by
the U.S. EPA and the terms and conditions of the preconstruction permit i ssued
pursuant to an approved New Source Review rule;
(B) Prevention of Significant Deterioration (PSD) requirements a nd the terms and
conditions of the PSD permit (40 CFR Part 52);

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

(D) National Ambient Air Quality Standards, increments, and visibi lity requirements as
they apply to portable sources required to obtain a permit pursuant to section 504(e)

of the Clean Air Act;

(E) National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 61);

(F) Maximum Achievable Control Technology or Generally Available Control
Technology Standards (40 CFR Part 63);

(G) Risk Management Plans, preparation and registration requireme nts (section 112(r)

of the Clean Air Act);

(H) Solid Waste Incineration requirements (sections 111 or 129 of the Clean Air Ac t);

(I) Consumer and Commercial Product requirements (section 183 of the Clean Air

Act);

(J) Tank Vessel requirements (section 183 of the Clean Air Act);

(K) District prohibitory rules that are approved into the state implementat ion plan;

(L) Standards or regulations promulgated pursuant to a Federal Imple mentation Plan;

and
(M) Enhanced Monitoring and Compliance Certification requirements (se ction

114(a)(3) of the Clean Air Act).NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-10 (2) Title III, section 328 (Outer Continental Shelf) requirements of the Clean Air Act (40 CFR
Part 55);

(3) Title IV (Acid Deposition Control) requirements of the Clean Air Act (40 CFR Parts 72,
73, 75, 76, 77, 78 and regulations implementing sections 407 and 410 of the Clean A ir

Act);

(4) Title VI (Stratospheric Ozone Protection) requirements of the Clean Air Act (40 CFR Part

82); and

(5) Monitoring and Analysis requirements (section 504(b) of the Clean Air Act)

.

[Reference: 40 CFR 70.2 Applicable Requirements]

12.6 CALIFORNIA AIR RESOURCES BOARD (ARB)

"California Air Resources Board" refers to the Air Resource s Board of the State of California,
created by Health and Safety Code Division 26, Part 2.

12.7 CLEAN AIR ACT (CCA)

"Clean Air Act" refers to the federal Clean Air Act as amended in 1990 (42 U.S.C. section 7401 et
seq.).

12.8 CODE OF FEDERAL REGULATIONS (CFR)
"Code of Federal Regulations" refers to the United States Code of Federal Regulations.

12.9 COMMENCE OPERATION
"Commence operation" means to begin operation (q.v.) of an emissions uni t, including any startup or shakedown period authorized by a temporary permit to operate issued pursuant to He alth and
Safety Code section 42301.1.

12.10 DIRECT EMISSIONS

"Direct emissions" are emissions that may reasonably pass t hrough a stack, chimney, vent, or
other functionally-equivalent opening.

12.11 DISTRICT
"District" refers to the North Coast Unified Air Quality Management Dist rict.

12.12 EFFECTIVE DATE OF REGULATION V
The "effective date of Regulation V" is the date the U.S. EPA pr omulgates interim, partial, or final
approval of the rule in the Federal Register.[Reference: 40 CFR 70.4(g)]

12.13 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 im mediate corrective action to
restore compliance. An "emergency" does not include noncompliance as a result of improperlyNORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-11 designed or installed equipment, lack of preventive maintenance, carel ess or improper operation,

or operator error.

12.14 EMISSONS UNIT
An "emissions unit" is any identifiable article, machine, contriva nce, or operation which emits,
may emit, or results in the emissions of, any regulated air poll utant or hazardous air
pollutant.[Reference: 40 CFR 70.2 Emissions Unit]

12.15 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.

12.16 FUGITIVE EMISSIONS
"Fugitive emissions" are emissions which could not reasonably pass through a stack, chimney,
vent, or other functionally-equivalent opening. [Reference: 40 CFR 70.2 Fugitive Emissi ons]

12.17 HAZARDOUS AIR POLLUTANT (HAP)
A "hazardous air pollutant" is any air pollutant listed pursuant to s ection 112(b) of the Clean Air

Act.

12.18 HEALTH AND SAFETY CODE (H&SC)
"Health and Safety Code" refers to the California Health and Safety Code.

12.19 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 pr ogram as implemented by
Regulation V.

12.20 MAJOR SOURCE
A "major source" is a stationary source which has the potentia l to emit a regulated air pollutant or
a hazardous air pollutant in quantities equal to or exceeding the le sser of any of the following

thresholds:

(1) 100 tons per year (tpy) of any regulated air pollutant;

(2) 50 tpy of volatile organic compounds or oxides of nitrogen for a federal nonattainment area classified as serious, 25 tpy for an area classified as sever e, or, 10 tpy for an area classified

as extreme;

(3) 70 tpy of PM10 (particulate matter of 10 microns or less) fo r a federal PM10

nonattainment area classified as serious;

(4) 10 tpy of one hazardous air pollutant or 25 tpy of two or more hazardous air pollutants; or

(5) Any lesser quantity threshold promulgated by the U.S. EPA. [Ref erence: 40 CFR 70.2
Major Source]NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-12 12.21 MINOR PERMIT MODIFICATION
A "minor permit modification" is any modification to a federally -enforceable condition on a
permit to operate which is not a significant permit modificati on, and is not an administrative
permit amendment.[Reference: 40 CFR 70.7(e)(2)]

12.22 OPERATION
"Operation" means any physical action resulting in a change i n the location, form or physical
properties of a material, or any chemical action including combusti on resulting in a change in the
chemical composition or the chemical or physical properties of a m aterial, which results in or may
result in the emission of a regulated air pollutant.

12.23 PERMIT MODIFICATION
A "permit modification" is any addition, deletion, or revision to a Pa rt-70 permit to operate

condition. [Reference: 40 CFR 70.2 Permit Modification and Permit Revisions]

12.24 POTENTIAL TO EMIT
For the purposes of Regulation V, "potential to emit" as it appli es to an emissions unit and a
stationary source is defined below.

(1) Emissions Unit
The "potential to emit" for an emissions unit is the maximum c apacity of the unit to emit a
regulated air pollutant or hazardous air pollutant considering the unit's physical and
operational design. Physical and operational limitations on the e missions unit shall be
treated as part of its design, if the limitations are set forth in permit c onditions or in rules or
regulations that are legally and practicably enforceable by U.S. EPA and citizens or by the
District. Physical and operational limitations include, but are not limited to the following:
limits placed on emissions; and restrictions on operations such as hours of operation and
type or amount of material combusted, stored, or processed.

(2) Stationary Source
The "potential to emit" for a stationary source is the sum of t he potential to emit from all
emissions units at the stationary source. If two or more hazardous air pollutants are
emitted at a stationary source, the potential to emit for each o f those hazardous air
pollutants shall be combined to determine applicability. Fugitive emissions shall be
considered in determining the potential to emit for sources as sp ecified in 40 CFR Part
70.2 Major Source (2), and sources of hazardous air pollutant emissions. Not withstanding
the above, any hazardous air pollutant emissions from any oil or g as exploration or
production well (with its associated equipment) and any pipeline comp ressor or pump station shall not be aggregated with emissions of similar units for the purpose of
determining a major source of hazardous air pollutants, whether or not such units are
located in contiguous areas or are under common control.

[Reference: 40 CFR 70.2 Potential to Emit and Major Source (2)]

12.25 PRECONSTRUCTION PERMIT
A "preconstruction permit" is a permit issued prior to construction which authorizes construction,
including:NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-13 (1) An Authority To Construct issued pursuant to the District's p rogram for the prevention of
significant deterioration of air quality required by section 165 of the Clean Air Act or
Regulation I, Rule 220 of the District; or

(2) An Authority to Construct issued pursuant to the District's new source review program
required by sections 172 and 173 of the Clean Air Act, or Regulation I, Rule 220.

12.26 REGULATED AIR POLLUTANT
A "regulated air pollutant" is any pollutant which is emitted into or otherwise enters the ambient
air, and for which the U.S. EPA has adopted an emission limit, sta ndard, or other requirement.
Regulated air pollutants include the following:

(1) Oxides of nitrogen and volatile organic compounds.

(2) Any pollutant for which a national ambient air quality standa rd has been promulgated
pursuant to section 109 of the Clean Air Act;

(3) Any pollutant subject to a new source performance standard promulga ted pursuant to

section 111 of the Clean Air Act;

(4) Any ozone-depleting substance specified as a Class I (chlor ofluorocarbons) or Class II
(hydrofluorocarbons) substance pursuant to Title VI of the Clean Air Act; and

(5) Any pollutant subject to a standard or requirement promulgated p ursuant to section 112 of
the Clean Air Act, including:

A. Any pollutant listed pursuant to section 112(r) of the Clean Air A ct (Prevention of
Accidental Releases) shall be considered a "regulated air pollut ant" upon
promulgation of the list.

B. Any hazardous air pollutant subject to a standard or other requirem ent promulgated
by the U.S. EPA pursuant to section 112(d) or adopted by the Distr ict pursuant to
112(g) and (j) of the Clean Air Act shall be considered a "regulat ed 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 Clean Air Act.

C. Any hazardous air pollutant subject to a District case-by-c ase emissions limitation
determination for a new or modified source, prior to the U.S. EPA prom ulgation 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
Clean Air Act. In case-by-case emissions limitation determ inations, the hazardous
air pollutant shall be considered a "regulated air pollutant" only for the individual

source for which the emissions limitation determination was made. [Reference: 40
CFR 70.2 Regulated Air Pollutant]NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-14 12.27 RESPONSIBLE OFFICIAL
A "responsible official" is an individual with the authority to certify that a sourc e complies with all
applicable federal requirements and federally-enforceable conditions of permits issued to sources
in accordance with Regulation V. "Responsible official" means one of the followi ng:

(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 perf orms similar policy or
decision-making functions for the corporation, or a duly authorized repr esentative of such
person if the representative is responsible for the overall operati on of one or more
manufacturing, production, or operating facilities applying for or subj ect to a permit and

either:

A. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

B. The delegation of authority to such representative is approved in adv ance by the

Air Pollution Control Officer;

(2) For a partnership or sole proprietorship, a general partner or the proprie tor, respectively;

(3) For a municipality, state, federal, or other public agency, e ither a principal executive
officer or a ranking elected official; or

(4) For an acid rain unit subject to Title IV (Acid Deposition Cont rol) of the Clean Air Act,
the "responsible official" is the designated representative of t hat unit for any purposes
under Title IV and Regulation 5.
[Reference: 40 CFR 70.2 Responsible Official]

12.28 SIGNIFICANT PERMIT MODIFICATION
A "significant permit modification" is any modification to a fe derally-enforceable condition on a
permit to operate which:

(1) Involves any modification under section 112(g) of Title I of the Cle an Air Act or under
U.S. EPA regulations promulgated pursuant to Title I of the Clean A ir Act, including 40

CFR Parts 51, 52, 60, 61, and 63;

(2) Significantly changes monitoring conditions;

(3) Provides for the relaxation of any reporting or recordkeeping conditions;

(4) Involves a permit term or condition which allows a source to avoid a n applicable federal
requirement, including: 1) a federally-enforceable voluntary emiss ions cap assumed in
order to avoid triggering a modification requirement of Title I of the Clean Air Act, or 2)
an alternative hazardous air pollutant emission limit pursuant to s ection 112(i)(5) of the

Clean Air Act;

(5) Involves a case-by-case determination of any emission standard or other requirement; orNORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-15 (6) Involves a source-specific determination for ambient impacts, visibility analysis, or
increment analysis on portable sources. [Reference: 40 CFR 70.7(e)(2) and (4)]

12.29 SOLID WASTE INCINERATOR
A "solid waste incinerator" is any incinerator which burns soli d waste material from commercial,
industrial, medical, general public sources (e.g., residences, hotels , or motels), or other categories
of solid waste incinerators subject to a performance standard promulga ted pursuant to sections 111
or 129 of the Clean Air Act. The following incinerators are excl uded from the definition of "solid
waste incinerator" for the purpose of Regulation V:

(1) Any hazardous waste incinerator required to obtain a permit under the authority of section
3005 of the Solid Waste Disposal Act (42 U.S.C. section 6925);

(2) Any materials recovery facility which primarily recovers met als;

(3) Any qualifying small power production facility as defined in 16 U.S.C.A. section

796(17)(C);

(4) Any qualifying cogeneration facility which burns homogenous waste for the production of
energy as defined in 16 U.S.C.A. section 796(18)(B); or

(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 Adm inistrator of the U.S.

EPA.

12.30 STATIONARY SOURCE
For the purposes of Regulation V, a "stationary source" is any bui lding, structure, facility, or
installation (or any such grouping) that:

(1) Emits, may emit, or results in the emissions of any regula ted air pollutant or hazardous air
pollutant;

(2) Is located on one or more contiguous or adjacent properties;

(3) Is under the ownership, operation, or control of the same person (or per sons under
common control) or entity; and

(4) Belongs to a single major industrial grouping; for example, eac h 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 70.2 Stationary Source]NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 502-16 12.31 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA)
"United States Environmental Protection Agency" refers to the Administrator or designated
representative of the United States Environmental Protection Agency.

12.32 VOLUNTARY EMISSIONS CAP
A "voluntary emissions cap" is an optional, federally-enforceable e missions limit on one or more
emissions unit(s) which a source assumes in order to avoid an applicabl e federal requirement. The
source remains subject to all other applicable federal requirements.NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 503-1



### Rule 503 District Administrative Procedures

(Adopted December 10, 199 as Reg V, Rules 500, 510, 520, 530, 540, 550, 560, 570, & 580; Revised November 21, 1994 and Revised May 18, 2001 as Reg V, Rules 500, 510, 520, 530, 540, 550, 560, 570, & 580; Revised May 19, 2005 as Rule 503)

RULE 503 CONTENTS

1.0 COMPLETENESS REVIEW OF APPLICATIONS

2.0 NOTIFICATION OF COMPLETENESS DETERMINATION

3.0 APPLICATION PROCESSING TIMEFRAMES

4.0 AQMD ANALYSIS OF PERMIT APPLICATION

5.0 NOTIFICATION AND OPPORTUNITY FOR REVIEW OF PROPOSED DECI SION

5.1 Official Notice

5.2 Public Notice

5.3 Contents of Public Notice

5.4 Notice to U.S EPA 5.5 Availability of Documents 5.6 Opportunity for Comment and Public Hearing

6.0 CHANGES TO THE PROPOSED DECISION

7.0 PERMIT ISSUANCE OR DENIAL

8.0 AQMD ACTION ON WRITTEN REQUESTS

8.1 Administrative Permit Amendment 8.2 Permit Modification for a Condition that is not Federally Enforceable 8.3 Permits to Operate for New Emissions Unit

9.0 PERMIT REOPENING FOR CAUSE

10.0 OPERATIONAL FLEXIBILITY 10.1 Alternative Operating Scenarios 10.2 Voluntary Emissions Caps 10.3 Contravening an Express Permit Condition

RULE 503: AQMD ADMINISTRATIVE PROCEDURES

1.0 COMPLETENESS REVIEW OF APPLICATIONS: The Air Pollution Control Officer shall determine if an application is complete and shall notify the resp onsible official of the determination within the following time frames:

1.1 For an initial permit, permit renewal, or a significant permit modificati on, within 60 days of receiving the application; [Reference: 40 CFR 70.7(a) (4)]

1.2 For a minor permit modification, within 30 days of receiving the application.NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 503-2 The application shall be deemed complete unless the Air Pollution Cont rol Officer requests additional information or otherwise notifies the responsible official that the application is incomplete within the time frames specified above. [Reference: 40 CFR 70.5(a) (2) and 70.7(a) (4)]

2.0 NOTIFICATION OF COMPLETENESS DETERMINATION: The Air Pollution Control Officer shall provide written notification of the completeness det ermination to the applicant, the U.S. EPA, the Air Resources Board and any affected state and shall submit a copy of the complete application to the U.S. EPA within five working days of the determi nation. The Air Pollution Control Officer needs not provide notification for applications from sour ces that are not major sources, except as determined by the U.S. EPA. [Reference: 40 CFR 70.7(2) (iii) and 70.8 (a) (1 and 2)]

3.0 APPLICATION PROCESSING TIME FRAMES: The Air Pollution Control Officer shall act on a complete application in accordance with the procedures in Rules 503 5.0, 503 6.0, and 503 7.0 (except as application procedures for acid rain units are provided f or under regulations promulgated pursuant to Title IV of the Clean Air Act), and take f inal action within the following time frames: [Reference: 40 CFR 70.7(a) (2)]

3.1 For an initial permit for a source subject to Regulation V on the date the rule becomes effective, no later than three years after the date the rule becomes ef fective; [Reference: 40 CFR 70.4(b) (11)]

3.2 For an initial permit for a source that becomes subject to Regulation V afte r the date the rule becomes effective, no later than 18 months after the application is recei ved;

3.3 For a permit renewal, no later than 18 months after the application is received;

3.4 For a significant permit modification, no later than 18 months after the applicat ion is received;

3.5 For a minor permit modification, within 90 days after the application is rece ived or 60 days after written notice to the U.S. EPA on the proposed decision, whichever is later; or [Reference: 40 CFR 70.7(e) (2) (iv)]

3.6 For any permit application with early reductions pursuant to sect ion 112(i)(5) of the Clean Air Act, within 9 months from the date a complete application is received. [Reference: 40 CFR 70.4(b)(11)(iii)]

3.7 The AQMD shall review permits to operate simultaneously for all emissi ons units at a stationary source for initial issuance or renewal.

4.0 AQMD ANALYSIS OF PERMIT APPLICATION: The AQMD analysis of any application for an operating permit under Regulation V, or for renewal of such a permit, shall set forth the legal and factual bases for the proposed decision to gr ant or deny the permit, including references to the applicable statutory and regulatory provisions. [Reference: 40 CFR 70.7(a)(5)]

5.0 NOTIFICATION AND OPPORTUNITY FOR REVIEW OF PROPOSED DECISION: Within the applicable time frame specified in Rule 503 3.0, the Air Pollution Control Officer shall provide official and public notice of and opportunity to review the propose d decision to issue a permit to operate in accordance with requirements of this Rule. [Reference: 40 CFR 70.7(h) and 70.8]

5.1 Official Notice: For initial permits, renewal of permits, significant permit modifications, and reopenings for cause, the Air Pollution Control Officer shall send offic ial written notice of the proposed decision to the responsible official, the Air Resources Boar d, adjacent air pollution control AQMDs and any affected state. Official notice shall include the proposed permit and, upon request, copies of the AQMD analysis. [Reference: 40 CFR 70.7(h)(3) and 70.8(b)(1)]NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 503-3 For minor permit modifications, the Air Pollution Control Officer shall provide of ficial written notice of the proposed decision to the responsible official, t he Air Resources Board and any affected state. [Reference: 40 CFR 70.7(e)(2)(iii) and 70.7(h)]

The Air Pollution Control Officer shall send Official Notic e of proposed permit decisions by certified mail, return receipt requested.

5.2 Public Notice: For initial permits, renewal of permits, significant permit modificati ons, and reopenings for cause, the Air Pollution Control Officer shall provide publi c notice of the proposed decision by publication in at least one newspaper of gener al circulation in the AQMD, by mail to persons who request such notification, and, if necessary, by other means to assure adequate notice to the affected public. [Reference: 40 CFR 70.7(h) (1)]

5.3 Contents of Public Notice: Public notice shall include the following information:

5.3.1 The identification of the source, the name and address of the applicant, the activities and emissions and change in emissions involved in the permit action;

5.3.2 The name and address of the AQMD, the name and telephone number of AQMD staff to contact for additional information;

5.3.3 The availability, upon request, of the AQMD Analysis, setting forth the legal a nd factual basis for the proposed decision;

[Reference: 40 CFR 70.7(a)(5)]

5.3.4 The location where the public may inspect the complete applicati on, the AQMD’s analysis, and the proposed permit;

5.3.5 A statement that the public may submit written comments regarding the proposed decision within at least 30 days from the date of publication and a brief description of commenting procedures; and

5.3.6 The date, time and place of the public hearing on the proposed decision or a statement that members of the public may request that the AQMD hold such a hearing to receive oral comments, if one has not already been scheduled. The A ir Pollution Control Officer shall provide notice of any public hearing schedule d to address the proposed decision at least 30 days prior to such hearing. [Reference: 40 CFR 70.7(h)(2 and 4)]

5.4 Notice to U.S. EPA: After completion of the public notice and comment period pursuant to subsection (f), the Air Pollution Control Officer shall send written notice to the U.S. EPA of the proposed decision along with copies of the proposed permit, the AQMD analysis, the public notice submitted for publication, the AQMD's response to writt en comments, and all necessary supporting information. [Reference: 40 CFR 70.7(h)(5) and 70.8]

For minor permit modifications, the Air Pollution Control Officer sha ll provide written notice of the proposed decision to the U.S. EPA, the Air Resources Boar d, and any affected state. Additionally, the AQMD shall provide to the U.S. EPA (and, upon request, to the Air Resources Board or any affected state) copies of t he proposed permit, the AQMD analysis, and all necessary supporting information. [Reference: 40 CFR 70.7(a)(1)(iii and v) and (5)]

5.5 Availability of Documents: The Air Pollution Control Officer shall make available for public inspection during normal business hours copies of the following documents:

5.5.1 The complete application;

5.5.2 The AQMD analysis;

5.5.3 The proposed permit;NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 503-4

5.5.4 All submitted written comments which are postmarked by the close of the public notice and comment period of subsection (5.6) and the AQMD's written r esponse to persons or agencies that submitted such comments. [Reference: 40 CFR 70.(h)(2)]

5.6 Opportunity for Comment and Public Hearing:

5.6.1 The AQMD shall receive written comments regarding the proposed dec ision for 30 days from the date of publication of Public Notice pursuant to subsection (5.2).

5.6.2 At any time during the public comment period, members of the public may request that the AQMD hold a public hearing to receive oral public comment. The Air Pollution Control Officer shall provide notice of any public hearing schedule d to address the proposed decision at least 30 days prior to such hearing. [Reference: 40 CFR 70.7(h)(2)]

6.0 CHANGES TO THE PROPOSED DECISION: Changes to the proposed decision shall be governed by the following procedure:

6.1 The Air Pollution Control Officer may modify or change the proposed decision, the proposed permit, or the AQMD analysis on the basis of information set forth in the comments received during the public comment period provided pursuant to Rule 503 5.6.1, or due to further analysis of the Air Pollution Control Officer. Pursuant to Rul e 503 5.4, the Air Pollution Control Officer shall forward any such modified proposed decision, the proposed permit, any changes or additions to the AQMD analysis, and al l necessary supporting information to the U.S. EPA. [Reference: 40 CFR 70.7(g)(5) and 70.8(b)(2)]

6.2 If the U.S. EPA objects in writing to the proposed decision within 45 days of being notified of the proposed decision and receiving a copy of the proposed permit and all necessary supporting information pursuant to Rule 503 5.4, the Air Pollution Control Officer shall not issue the permit until the written issues and objections raised by the EPA

are resolved. The Air Pollution Control Officer shall either de ny the application or revise and resubmit a permit which addresses the deficiencies identified in the U.S. EPA objection within the following time frames:

6.2.1 For initial permits, permit renewals, and significant permit modifications, within 90 days of receiving the U.S. EPA objection; or

6.2.2 For minor permit modifications, within 90 days of receipt of the application or 60 days of the notice to U.S. EPA, whichever is later. [Reference: 40 CFR 70.7(e)(2)(iv) and 70.8(c)]

6.3 If the Administrator does not object in writing, any person may pe tition the Administrator within 60 days after the expiration of the Administrator’s 45-day review peri od to make such objection. If the Administrator objects to the permit as a result of a pet ition and the permit has not been issued, the permitting authority shall not issue the permit unti l the issues and objections raised in the public petition are resolved. Issues and objecti ons which were not raised during the 30-day public comment period will not be considered in this process, unless it was impracticable to raise such objections within the publ ic comment period, or unless the grounds for such objection arose after the public comm ent period. [Reference: 40 CFR 70.8(d)]NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 503-5 7.0 PERMIT ISSUANCE OR DENIAL: If the U.S. EPA does not object in writing within 45 days of the notice provided pursuant to Rule 503 5.4, or the Air Pollution Control Officer submits a revised permit pursuant to Rule 503 6.0, the Air Pollution Control Officer shall expedit iously issue the final permit to operate or deny the application. In any ca se, the Air Pollution Control Officer shall take final action on an application within the applicable time frame specified in Rule 503 3.0. Failure of the Air Pollution Control Officer to act on a permit application or permit renewal application in accordance to the time frames provided in Rule 503 3.0, shall constitute final action for purposes of obtaining judicial review to require that action on the application be taken expeditiously. [Reference: 40 CFR 70.(b)(xi), 70.7(a)(1)(v) and (a)(2), and 70.8(c)]

The Air Pollution Control Officer shall send written notification of the final issuance or denial of a permit to the responsible official of the source, the U.S. EPA, the Air Resources Board and any person or affected state that submitted comments during the public c omment period. Written notification of any refusal by the AQMD to accept all recomm endations for the proposed permit that an affected state submitted during the public comment period sha ll be sent to U.S. EPA and

affected states. The Air Pollution Control Officer shall submi t a copy of a permit to operate, as issued, to the U.S. EPA and provide a copy to any person or agency r equesting a copy. If the application is denied, the Air Pollution Control Officer shall provide reasons for the denial in writing to the responsible official along with the AQMD analys is and cite the specific statute, rule, or regulation upon which the denial is based. [Reference: 40 CFR 70.8(a)(1)]

8.0 AQMD ACTION ON WRITTEN REQUESTS: The Air Pollution Control Officer shall act on a written request of a responsible official for permit acti on using the applicable procedure specified in this Rule.

8.1 Administrative Permit Amendment: The Air Pollution Control Officer shall take final action no later than 60 days after receiving the written request for an administrative permit

amendment.

8.1.1 After designating the permit revisions as an administrative pe rmit amendment, the Air Pollution Control Officer may revise the permit without pr oviding notice to the public or any affected state.

8.1.2 The Air Pollution Control Officer shall provide a copy of the revis ed permit to the responsible official and the U.S. EPA.

8.1.3 While the Air Pollution Control Officer need not make a completeness determination on a written request, the Air Pollution Control Officer shall not ify the responsible official if the Air Pollution Control Officer determine s that the permit can not be revised as an administrative permit amendment. [Reference: 40 CFR 70.7(d)(3)]

8.2 Permit Modification for a Condition that is not Federally Enforceable : The Air Pollution Control Officer shall take action on a written request for a permit modification for a condition that is not federally enforceable in accordance with the requir ements of Regulation I, Rule 102(5) under the following circumstances:

8.2.1 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; andNORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

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8.2.2 The Air Pollution Control Officer provides to the U.S. EPA a contemporaneous written notice describing the change, including the date, any c hange in emissions or air pollutants emitted, and any applicable federal requirement that would apply as a result of the change. [Reference: 40 CFR 70.4(b)(14), 70.6(b)]

8.3 Permits to Operate for New Emissions Unit: The Air Pollution Control Officer shall take action on a written request for a permit to operate a new emissions unit in accordance with the requirements for of Regulation I, Rule 102(5) under the circumstances s pecified in Rule 503 8.2 . However, if Rule 502 6.3 applies, the Air Pollution Control Officer shall require the submittal of a standard AQMD application and take action on that application pursuant to the requirements of Regulation V.

9.0 PERMIT REOPENING FOR CAUSE

9.1 The Air Pollution Control Officer shall reopen and revise a permit to operat e during the annual review period required by Health and Safety Code Section 42301( c), or petition the AQMD hearing board to do so pursuant to Health and Safety Code Section 42307, whichever is applicable, prior to its expiration date upon discovery of cause for reopening or upon notification of cause for reopening by the U.S. EPA, or within 18 months of promulgation of a new applicable federal requirement. The Air Pol lution Control Officer shall act only on those parts of the permit for which cause to reopen exists. [Reference: 40 CFR 70.7(f)(2)]

9.2 Circumstances that are cause for reopening and revision of a permit include, but a re not limited to, the following:

9.2.1 The need to correct a material mistake or inaccurate statement;

9.2.2 The need to revise or revoke a permit to operate to assure compliance with applicable federal requirements;

9.2.3 The need to incorporate any new, revised, or additional applicable federal requirements, if the remaining authorized life of the permit i s 3 years or greater, no later than 18 months after the promulgation of such requirement (wh ere less than 3 years remain in the authorized life of the permit, the Air Pollution Control Officer shall incorporate these requirements into the permit to operate upon renewal); or 9.2.4 The need to reopen a permit issued to acid rain unit subject to Phase II of Title IV

of the Clean Air Act to include:

9.2.4.1 Oxides of nitrogen requirements prior to January 1, 1999, and

9.2.4.2 Additional requirements promulgated pursuant to Title IV as they become applicable to any acid rain unit governed by the permit. [Reference: 40 CFR 70.7(f)(1)]

9.3 In processing a permit reopening, the Air Pollution Control Officer shall use the same procedures as for an initial permit and additionally:

9.3.1 Provide written notice to a responsible official and the U.S. EPA at least 30 days, or a shorter period in the case of an emergency, prior to reopening a permit; and

9.3.2 Complete action to revise the permit as specified in the notice of reopening within 60 days after the written notice to the U.S. EPA pursuant to Rule 503(5.4), if the U.S. EPA does not object, or after the Air Pollution Control Offi cer has responded to U.S. EPA objection pursuant to Rule 503(6.2). [Reference: 40 CFR 70.7(f)(2), (f)(3) and (g)(5)(i)]NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

May 19, 2005 503-7 10.0 OPERATIONAL FLEXIBILITY: The Air Pollution Control Officer shall allow specified changes in operations at a source without requiring a permit revi sion for conditions that address an applicable federal requirement. The Air Pollution Control Office r shall not allow changes which

constitute a modification under Title I of the Clean Air Act or Regulation I, Rules 101, 102, or 110, or that result in an exceedance of the emissions allowable under the facility 's 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 foll owing options: [Reference: 40 CFR 70.4(b)(12) and (d)(3)(viii)]

10.1 Alternative Operating Scenarios: The Air Pollution Control Officer shall allow the use of alternative operating scenarios provided that:

10.1.1 Terms and conditions applicable to each operating scenario are identified by the responsible official in the permit application; and.

10.1.2 The terms and conditions are approved by the Air Pollution Control Officer; and

10.1.3 The terms and conditions are incorporated into the permit; and

10.1.4 The terms and conditions are in compliance with all applicable AQMD, state, and federal requirements.

A permit condition shall require a contemporaneous log to record e ach change made from one operating scenario to another. [Reference: 40 CFR 70.6(a)(9)]

10.2 Voluntary Emissions Caps: The Air Pollution Control Officer 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 voluntar y emissions cap established in the permit independent of otherwise applicable feder al requirements provided that:

10.2.1 The requirements of subsections (10.1.1, 10.1.3) and (10.1.4), above, are met;

10.2.2 The terms and conditions are approved by the Air Pollution Control Officer as quantifiable and enforceable; and

10.2.3 The terms and conditions are consistent with the applicable preconstruction permit

.

A permit condition shall require that a responsible official provide written not ice to the U.S. EPA and Air Pollution Control Officer 30 days in advance of a change by cle arly requesting operational flexibility under 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 poll utant, whether regulated or not, and any new emissions of any air polluta nt not emitted before the change, whether regulated or not. [Reference: 40 CFR 70.4(b)(12)(iii) & 70.6(a),(a)(10) & (c)]

10.3 Contravening an Express Permit Condition: The Air Pollution Control Officer shall allow for changes in operation that contravene an express condition addressing a n applicable federal requirement in a permit to operate provided that the following

conditions are met:

10.3.1 The change will not violate any applicable federal requirement;

10.3.2 The change will not contravene federally-enforceable conditions, including monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements;NORTH COAST UNIFIED AQMD RULE S AND REGULATIONS

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10.3.3 The change is not a modification under Title I of the Clean Air A ct or any provision of Regulation 1, Rule 110;

10.3.4 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 emis sions;

10.3.5 Written notice is given to the U.S. EPA and Air Pollution Control Of ficer 30 days in advance of a change, and the notice clearly indicates which term or condit ion will be contravened, requests operational flexibility under this subsection, describes the change, identifies the emissions units which will be affe cted, 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

10.3.6 The Air Pollution Control Officer has not provided a written denial to the responsible official within 30 days of receipt of the request for an operation al change. Any written denial shall identify which of the requirements in Se ctions

10.3.1-10.3.5 above have not been satisfied. [Reference: 40 CFR 70.4(b) (12)]