REGULATION V 

PERMIT TO OPERATE REGULATIONS

Northern Sierra AQMD Rule 522 - 1 Adopted

Rules & Regulations 03/08/01

RULE 522 

TITLE V 

 FEDERAL OPERATING PERMITS

CONTENTS

PART 1.0 PURPOSE AND GENERAL REQUIREMENTS

PART 2.0 DEFINITIONS

PART 3.0 APPLICABILITY 

3.1 Sources Subject to Rule 522 

3.2 Sources Exempt from Rule 522 

PART 4.0 ADMINISTRATIVE PROCEDURES FOR SOURCES 

4.1 Permit Requirement and Application Shield 

4.2 Application Requirements 

4.3 Application Content and Correctness 

4.4 Written Requests for District Action 

4.5 Response to Permit Reopening for Cause 

PART 5.0 DISTRICT ADMINISTRATIVE PROCEDURES 

5.1 Completeness Review of Applications 

5.2 Notification of Completeness Determination 

5.3 Application Processing Timeframes 

5.4 Notification and Opportunity for Review of Proposed Decision 

5.5 Changes to the Proposed Decision 

5.6 Final Decision 

5.7 District Action on Written Requests 

5.8 Permit Reopening for Cause 

5.9 Options for Operational Flexibility 

PART 6.0 PERMIT CONTENT REQUIREMENTS

6.1 Incorporation of Applicable Federal Requirements 

6.2 General Requirements 
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Rule 522 Title V - Federal Operating Permits

Additional Procedures for Issuing Permits to Operate for Sources Subject to Title 

V of the Federal Clean Air Act Amendments of 1990 

PART 1.0 PURPOSE AND GENERAL REQUIREMENTS OF RULE 522

Rule 522 implements the requirements of Title V of the federal Clean Air Act as 

amended in 1990 (CAA) for permits to operate. Title V provides for the

establishment of operating permit programs for sources which emit regulated air 

pollutants, including attainment and nonattainment pollutants. The effective date 

of Rule 522 is the date the United States Environmental Protection Agency (U.S.

EPA) promulgates interim, partial, or final approval of this rule in the Federal 

Register. 

By the effective date of Rule 522, the Northern Sierra Air Quality Management 

District (NSAQMD or District) shall implement an operating permit program 

pursuant to the requirements of this rule. The requirements of Rule 522 shall 

augment and take precedence over conflicting administrative requirements of 

other provisions of the District's rules and regulations. The District, as soon as 

resources and time allow, shall amend the rules to make them consistent with 

Rule 522. The District shall also continue to implement its existing district 

programs pertaining to prevention of significant deterioration, Rules 408, 409, 

413, 414, 415, 416, and 418 and permits required by Regulation 501, including 

authorities to construct, Rule 401 or new source review, Rules 419, 420, 421, 422, 

411, and 412. Until such time as the U.S. EPA delegates the District to issue 

permit conditions applicable to the federal New Source Review/Prevention of 

Significant Deterioration (NSR/PSD) and New Source Performance Standards 

(NSPS) requirements, the U.S. EPA shall remain responsible for providing the 

federal NSR/PSD and NSPS requirements of title V permits and the District shall 

incorporate these federal requirements into the title V permit. Nothing in Rule 

522 limits the authority of the District to revoke or terminate a permit pursuant to 

sections 40808, and 42307-42309 of the California Health and Safety Code 

(H&SC). 

Sources subject to Rule 522 include major sources, acid rain units subject to Title 

IV of the CAA, solid waste incinerators subject to section 111 or 129 of the CAA, 

and any other sources specifically designated by rule of the U.S. EPA. Sources 

subject to Rule 522 shall obtain permits to operate pursuant to this rule. For acid 

rain units, provisions or requirements of regulations promulgated to Title IV of 

the CAA shall apply and take precedence over Rule 522. 
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Each permit to operate issued pursuant to Rule 522 shall contain conditions and 

requirements adequate to ensure compliance with and the enforceability of: 

1. All applicable provisions of Division 26 of the H&SC, commencing with 

section 39000; 

2. All applicable orders, rules, and regulations of the District and the 

California Air Resources Board (ARB); 

3. All applicable provisions of the applicable implementation plan required 

by the CAA; 

4. Each applicable emission standard or limitation, rule, regulation, or 

requirement adopted or promulgated to implement the CAA; and 

5. The requirements of all preconstruction permits issued pursuant to Parts C 

and D of the CAA. 

The operation of an emissions unit to which Rule 522 is applicable without a 

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

violation of Rule 522. 

PART 2.0 DEFINITIONS

The definitions in this section apply throughout Rule 522 and are derived from 

related provisions of the U.S. EPA's Title V regulations in 40 Part 70 Code of 

Federal Regulations (CFR), "State Operating Permit Programs." \1 The terms 

defined in this section are italicized throughout Rule 522. 

\1 – This citation and subsequent citations to 40 CFR in this rule shall refer to the cited 

regulations as they exist on the date of adoption of this rule. 

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

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

subject to the requirements of Title IV (Acid Deposition Control) of the 

CAA. 

2.2 Administrative Permit Amendment An "administrative permit 

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

1. Corrects a typographical error; 
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2. Identifies a minor administrative change at the stationary source; 

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

any person identified in the permit; 

3. Requires more frequent monitoring or reporting by an owner or 

operator of the stationary source; or 

4. Transfers ownership or operational control of a stationary source, 

provided that, prior to the transfer, the APCO receives a written 

agreement which specifies a date for the transfer of permit 

responsibility, coverage, and liability from the current to the 

prospective permittee. 

2.3 Affected State An "affected state" is any state that: 1) is contiguous with 

California and whose air quality may be affected by a permit action, or 2) 

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

proposed. 

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

refers to the air pollution control officer of the NSAQMD, or his or her 

designee. 

2.5 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 CAA and is set forth in, or authorized by, the 

CAA or a U.S. EPA regulation. An "applicable federal requirement" 

includes any requirement of a regulation in effect at permit issuance and 

any requirement of a regulation that becomes effective during the term of 

the permit. Applicable federal requirements include: 

1. Title I requirements of the CAA, including: 

a. New Source Review requirements in the State 

Implementation Plan approved by the U.S. EPA and the 

terms and conditions of the preconstruction permit issued 

pursuant to an approved New Source Review rule; 

b. Prevention of Significant Deterioration (PSD) requirements 

and the terms and conditions of the PSD permit (40 CFR

Part 52); 

c. New Source Performance Standards (40 CFR Part 60); 
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d. National Ambient Air Quality Standards, increments, and 

visibility requirements as they apply to portable sources 

required to obtain a permit pursuant to section 504(e) of the 

CAA; 

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 Plan preparation and registration 

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

h. Solid Waste Incineration requirements (sections 111 or 129 

of the CAA); 

i. Consumer and Commercial Product requirements (section 

183 of the CAA); 

j. Tank Vessel requirements (section 183 of the CAA); 

k. District prohibitory rules that are approved into the state

implementation plan; 

l. Standards or regulations promulgated pursuant to a Federal 

Implementation Plan; and 

m. Enhanced Monitoring and Compliance Certification

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

2. Title III, section 328 (Outer Continental Shelf) requirements of the 

CAA (40 CFR Part 55); 

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

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

sections 407 and 410 of the CAA); 

4. Title VI (Stratospheric Ozone Protection) requirements of the CAA

(40 CFR Part 82); and 

5. Monitoring and Analysis requirements (section 504(b) of the 

CAA). 
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2.6 California Air Resources Board (ARB) "California Air Resources 

Board" refers to the Air Resources Board of the State of California. 

2.7 Clean Air Act (CAA)"Clean Air Act" refers to the federal Clean Air Act

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

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

to the United States Code of Federal Regulations. 

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

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

authorized by a temporary permit to operate issued pursuant to section 

42301.1 of the H&SC. 

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

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

opening. 

2.11 District "District" refers to the Northern Sierra Air Quality Management 

District (NSAQMD). 

2.12 Effective Date of Rule 522 The "effective date of Rule 522" is the date 

the U.S. EPA promulgates interim, partial, or final approval of the rule in 

the Federal Register. 

2.13 Emergency An "emergency" is any situation arising from a sudden and 

reasonably unforeseeable event beyond the control of a permittee (e.g., an 

act of God) which causes the exceedance of a technology-based emission 

limitation under a permit and requires immediate corrective action to 

restore compliance. An "emergency" shall not include noncompliance as a 

result of improperly designed equipment, lack of preventive maintenance, 

careless or improper operation, or operator error. 

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

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

emissions of, any regulated air pollutant or hazardous air pollutant. 

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

any condition set forth in the permit to operate which addresses an 

applicable federal requirement or a voluntary emissions cap. 
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2.16 Fugitive Emissions "Fugitive emissions" are emissions which could not 

reasonably pass through a stack, chimney, vent, or other functionallyequivalent opening. 

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

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

2.18 Health and Safety Code (H&SC) "Health and Safety Code" refers to the 

California Health and Safety Code. 

2.19 Initial Permit An "initial permit" is the first operating permit for which a 

source submits an application that addresses the requirements of the 

federal operating permits program as implemented by Rule 52. 

2.20 Major Source A "major source" is a stationary source which has the 

potential to emit a regulated air pollutant or a HAP in quantities equal to 

or exceeding the lesser 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 severe, or, 10 tpy for an area classified as extreme; 

3. 70 tpy of PM10 (particulate matter of 10 microns or less) for a 

federal PM10 nonattainment area classified as serious; 

4. 10 tpy of one HAP or 25 tpy of two or more HAPs; or 

5. Any lesser quantity threshold promulgated by the U.S. EPA. 

2.21 Minor Permit Modification A "minor permit modification" is any 

modification to a federally-enforceable condition on a permit to operate 

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

administrative permit amendment. 

2.22 Owner or Operator An "owner or operator" is any person who owns, 

leases, operates, controls, or supervises a stationary source. 

2.23 Permit Modification A "permit modification" is any addition, deletion, 

or revision to a permit to operate condition. 
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2.24 Potential to Emit For the purposes of Rule 522, "potential to emit" as it 

applies 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 capacity of the unit to emit a regulated air pollutant

or HAP considering the unit's physical and operational design. 

Physical and operational limitations on the emissions unit shall be 

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

conditions which address applicable federal requirements.

Physical and operational limitations shall include, but are not 

limited to, the following: limits placed on emissions and 

restrictions on hours of operation and type or amount of material 

combusted, stored, or processed. 

2. Stationary Source The "potential to emit" for a stationary source

is the sum of the potential to emit from all emissions 

units at the stationary source. If two or more HAPs are emitted at 

a stationary source, the potential to emit for each of those HAPs

shall be combined to determine applicability. Fugitive emissions

shall be considered in determining the potential to emit for: 1) 

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

sources of HAP emissions. Notwithstanding the above, any HAP

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

its associated equipment) and any pipeline compressor or pump 

station shall 

not be aggregated with emissions of similar units for the purpose 

of determining a major source of HAPs, whether or not such units 

are located in contiguous areas or are under common control. 

2.25 Preconstruction Permit A "preconstruction permit" is a permit issued 

prior to construction which authorizes construction (Also known as an 

Authority to Construct per Rule 401 for District-issued permits): 

1. Pursuant to a program for the prevention of significant 

deterioration of air quality required by section 165 of the CAA

(U.S. EPA responsibility) and Rules 408, 409, 413, 414, 415, 416, 

and 418 (District responsibility); or 

2. Pursuant to a new source review program required by sections 172 

and 173 of the CAA (U.S. EPA responsibility) and Rules 419, 420, 

421, 422, 411, and 412 (District responsibility). 
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2.26 Regulated Air Pollutant A "regulated air pollutant" is any pollutant: 1)

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

the U.S. EPA has adopted an emission limit, standard, or other 

requirement. Regulated air pollutants include: 

1. Oxides of nitrogen and volatile organic compounds; 

2. Any pollutant for which a national ambient air quality standard has 

been promulgated pursuant to section 109 of the CAA; 

3. Any pollutant subject to a new source performance standard 

promulgated pursuant to section 111 of the CAA; 

4. Any ozone-depleting substance specified as a Class I 

(chlorofluorocarbons) or Class II (hydrofluorocarbons) substance 

pursuant to Title VI of the CAA; and 

5. Any pollutant subject to a standard or requirement promulgated 

pursuant to section 112 of the CAA, including: 

a. Any pollutant listed pursuant to section 112(r) of the CAA

(Prevention of Accidental Releases) shall be considered a 

"regulated air pollutant" upon promulgation of the list. 

b. Any HAP subject to a standard or other requirement 

promulgated by the U.S. EPA pursuant to section 112(d) or 

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

CAA shall be considered a "regulated air pollutant" for all 

sources or categories of sources: 1) upon promulgation of 

the standard or requirement, or 2) 18 months after the 

standard or requirement was scheduled to be promulgated 

pursuant to section 112(e)(3) of the CAA. 

c. Any HAP subject to a District case-by-case emissions 

limitation determination for a new or modified source, prior 

to the U.S. EPA promulgation or scheduled promulgation of 

an emissions limitation shall be considered a "regulated air 

pollutant" when the determination is made pursuant to 

section 112(g)(2) of the CAA. In case-by-case emissions 

limitation determinations, the HAP shall be considered a 

"regulated air pollutant" only for the individual source for 

which the emissions limitation determination was made. 
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2.27 Responsible Official A "responsible official" is an individual with the 

authority to certify that a source complies with all applicable federal 

requirements and federally-enforceable conditions of permits issued to 

sources in accordance with Rule 522. "Responsible official" means one of 

the following: 

1. For a corporation, a president, secretary, treasurer, or vicepresident of the corporation in charge of a principal business 

function, or any other person who performs similar policy or 

decision-making functions for the corporation, or a duly authorized 

representative of such person if the representative is responsible 

for the overall operation of one or more manufacturing, 

production, or operating facilities applying for or subject to a 

permit and either: 

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 advance by the APCO; 

2. For a partnership or sole proprietorship, a general partner or the 

proprietor, respectively; 

3. For a municipality, state, federal, or other public agency, either a 

principal executive officer or a ranking elected official; or 

4. For an acid rain unit subject to Title IV (Acid Deposition Control) 

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

representative of that unit for any purposes under Title IV and Rule 

522. 

2.28 Significant Permit Modification A "significant permit modification" is any 

modification to a federally-enforceable condition on a permit to operate which: 

1. Involves any modification under section 112(g) of Title I of the 

CAA or under U.S. EPA regulations promulgated pursuant to Title I 

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

 2. Significantly changes monitoring conditions; 
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3. Provides for the relaxation of any reporting or recordkeeping 

conditions; 

4. Involves a permit term or condition which allows a source to avoid 

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

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

an alternative HAP emission limit pursuant to section 112(i)(5) of 

the CAA; 

5. Involves a case-by-case determination of any emission standard or 

other requirement; or 

6. Involves a source-specific determination for ambient impacts, 

visibility analysis, or increment analysis on portable sources. 

2.29 Solid Waste Incinerator A "solid waste incinerator" is any incinerator which 

burns solid 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 promulgated pursuant to sections 

111 or 129 of the CAA. 

The following incinerators are excluded from the definition of "solid 

waste incinerator" for the purpose of Rule 522: 

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 metals; 

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 Administrator of the U.S. EPA. 
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2.30 Stationary Source (Source) For the purposes of Rule 522, a "stationary source" 

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

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

pollutant or HAP; 

2. Is located on one or more contiguous or adjacent properties; 

3. Is under the ownership, operation, or control of the same person 

(or persons under common control) or entity; and 

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

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

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

Standard Industrial Classification Manual. 

2.31 United States Environmental Protection Agency (U.S. EPA) "United 

States Environmental Protection Agency" refers to the Administrator or 

appropriate delegee of the "United States Environmental Protection 

Agency." 

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

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

which a source assumes in order to avoid an applicable federal 

requirement. The source remains subject to all other applicable federal 

requirements. 

PART 3.0 APPLICABILITY

3.1 Sources Subject to Rule 522

The sources listed below are subject to the requirements of Rule 522: 

1. A major source; 

2. A source with an acid rain unit for which application for an Acid 

Rain Permit is required pursuant to Title IV of the CAA; 

3. A solid waste incinerator subject to a performance standard 

promulgated pursuant to section 111 or 129 of the CAA; 

4. Any other source in a source category designated, pursuant to 40 

CFR Part 70.3, by rule of the U.S. EPA ; and 
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5. Any source that is subject to a standard or other requirement 

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

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

the U.S. EPA at the time the new standard or requirement is 

promulgated. 

3.2 Sources Exempt from Rule 522

The sources listed below are not subject to the requirements of Rule 522: 

1. Sources regulated solely by 40 CFR Part 60, Subpart AAA 

(Standards of Performance for New Residential Wood Heaters); 

2. Sources regulated solely by 40 CFR Part 61, Subpart M, section 

145 (National Emission Standards for Asbestos, Standard for 

Demolition and Renovation); and 

3. Any other source in a source category deferred, pursuant to 40 

CFR Part 70.3, by U.S. EPA rulemaking. 

PART 4.0 ADMINISTRATIVE PROCEDURES FOR SOURCES

4.1 Permit Requirement and Application Shield

A source shall operate in compliance with permits to operate issued 

pursuant to Rule 522. Rule 522 does not alter any applicable requirement 

that a source obtain preconstruction permits (Authority to Construct). 

If an owner or operator submits, pursuant to Rule 522, a timely and 

complete application for a permit, a source shall not be in violation of the 

requirement to have a permit to operate until the APCO takes final action 

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

source from enforcement action if an owner or operator of the source fails 

to submit any additional information requested by the APCO pursuant to 

subsection 4.3.2., below. 

If an owner or operator 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 

H&SC until the APCO takes final action on the application. If an owner 

or operator submits a timely and complete application for renewal of a 

permit to operate, the source shall operate in accordance with the permit to 

operate issued pursuant to Rule 522, notwithstanding expiration of this 

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

modifications. For permit modifications, a source shall operate in 

accordance with the applicable federal requirements, the permit to operate 

issued pursuant to Rule 522 and any temporary permit to operate issued 

pursuant to section 42301.1 of the H&SC. 

4.2 Application Requirements

1. Initial Permit

a. For a source that is subject to Rule 522 on the date the rule 

becomes effective, an owner or operator shall submit a 

standard District application per the schedule determined 

by the District to accommodate the requirement that the 

District issue permits to at least 1/3 of the existing sources 

in each of the first three years after program approval, but 

in all cases within 12 months after the date the rule 

becomes effective. 

b. For a source that becomes subject to Rule 522 after the date 

the rule becomes effective, an owner or operator shall 

submit a standard District application within 12 

months of the source commencing operation or becoming 

subject to Rule 522, whichever is later. 

c. For a source with an acid rain unit , an owner or operator

shall submit a standard District application and 

acid rain permit applications to the District. The 

applications shall be submitted within the following 

timeframe: 

1) If the source is subject to Rule 522 because of 

subsection 3.1.1., above, within the applicable 

timeframe specified in 4.2.1.a. or 4.2.1.b., above. 

2) If the source is subject to Rule 522 only because of 

subsection 3.1.2., above, by January 1, 1996, or, if 

applicable, a latter date established by 40 CFR Part 

72. 
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2. Permit Renewal

For renewal of a permit, an owner or operator shall submit a 

standard District application no earlier than 18 months and no later

than 6 months before the expiration date of the current permit to 

operate. Permits to operate for all emissions units at a stationary 

source shall undergo simultaneous renewal. 

3. Significant Permit Modification

After obtaining any required preconstruction permits, an owner or 

operator shall submit a standard District application for each 

emissions unit affected by a proposed permit revision that qualifies 

as a significant permit modification. Upon request by the APCO, 

an owner or operator shall submit copies of the latest 

preconstruction permit for each affected emissions unit. The 

emissions unit(s) shall not commence operation until the APCO

takes final action to approve the permit revision. 

4. Minor Permit Modification

After obtaining any required preconstruction permits, an owner or 

operator shall submit a standard District application for each 

emissions unit affected by the proposed permit revision that 

qualifies as a minor permit modification. The emissions unit(s) 

affected by the proposed permit modification shall not commence 

operation until the APCO takes final action to approve the permit 

revision. In the application, an owner or operator shall include the 

following: 

a. A description of the proposed permit revision, any change 

in emissions, and additional applicable federal 

requirements that will apply; 

b. Proposed permit terms and conditions; and 

c. A certification by a responsible official that the permit 

revision meets criteria for use of minor permit modification

procedures and a request that such procedures be used. 
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5. Acid Rain Unit Permit Modification

A permit modification of the acid rain portion of the operating 

permit shall be governed by regulations promulgated pursuant to 

Title IV of the CAA. 

4.3 Application Content and Correctness

1. Application Content

When submitting an application, an owner or operator shall 

include the following information: 

a. Information identifying the source; 

b. Description of processes and products (by Standard 

Industrial Classification Code) including any associated 

with proposed alternative operating scenarios; 

c. Identification of fees specified in Rules 603 and 605; 

d. A listing of all existing emissions units at the stationary 

source and identification and description of all points of 

emissions from the emissions units in sufficient detail to 

establish the applicable federal requirements and the basis 

for fees pursuant to PART 7.0, below; 

e. Citation and description of all applicable federal 

requirements, information and calculations used to 

determine the applicability of such requirements and other 

information that may be necessary to implement and 

enforce such requirements; 

f. Calculation of all emissions, including fugitive emissions, 

in tons per year and in such terms as are necessary to 

establish compliance with the all applicable District, state, 

or federal requirements for the following: 

1) All regulated air pollutants emitted from the 

source, 

2) Any HAP that the source has the potential to emit in 

quantities equal to or in excess of 10 tons per year, 

and 
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3) If the source has the potential to emit two or more 

HAPs in quantities equal to or in excess of 25 tons 

per year, all HAPs emitted by the source; 

g. As these affect emissions from the source, the identification 

of fuels, fuel use, raw materials, production rates, operating 

schedules, limitations on source operation or workplace 

practices; 

h. An identification and description of air pollution control 

equipment and compliance monitoring devices or activities; 

i. Other information required by an applicable federal 

requirement; 

j. The information needed to define permit terms or

conditions implementing a source's options for operational 

flexibility, including alternative operating scenarios, 

pursuant to subsection 5.9., below; 

k. A compliance plan and compliance schedule with the 

following: 

1) A description of the compliance status of each 

emissions unit within the stationary source with 

respect to applicable federal requirements, 

2) A statement that the source will continue to comply 

with such applicable federal requirements that the 

source is in compliance, 

3) A statement that the source will comply, on a timely 

basis, with applicable federal requirements that 

will become effective during the permit term, and 

4) A description of how the source will achieve 

compliance with requirements for which the source 

is not in compliance; 
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l. For a source not in compliance with an applicable federal 

requirement at the time of permit issuance or renewal, a 

schedule of compliance approved by the District hearing 

board that identifies remedial measures with specific 

increments of progress, a final compliance date, testing and 

monitoring methods, recordkeeping requirements, and a 

schedule for submission of certified progress reports to the 

U.S EPA and the APCO at least every 6 months; 

m. A certification by a responsible official of the truth, 

accuracy and completeness of application forms, progress 

reports at least every 6 months, statements on compliance 

status with any applicable enhanced monitoring, and

compliance plans at least annually; 

n. For a source with an acid rain unit, an application shall 

include the elements required by 40 CFR Part 72; 

o. For a source of HAPs required to prepare a risk 

management plan pursuant to section 112(r) of the CAA, 

the application shall include verification that such a plan 

has been submitted to the authorized implementing agency 

or a compliance schedule for the submittal of such a plan; 

and 

p. For proposed portable sources, an application shall identify 

all locations of potential operation and how the source will 

comply with all applicable District, state, and federal 

requirements at each location. 

2. Correctness of Applications

An owner or operator of a source shall submit an accurate and 

complete application in accordance with the requirements of the 

District. 

a. Upon written request of the APCO, an owner or operator

shall supplement any complete application with additional 

information within the timeframe specified by the APCO. 
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b. An owner or operator shall promptly provide additional 

information in writing to the APCO upon discovery of 

submittal of any inaccurate information as part of the 

application or as a supplement thereto, or of any additional 

relevant facts previously omitted which are needed for 

accurate analysis of the application. 

c. Intentional or negligent submittal of inaccurate information 

shall be reason for denial of an application. 

4.4. Written Requests for District Action

A owner or operator shall submit a written request to the APCO for the 

following permit actions: 

1. Administrative Permit Amendment

For an administrative permit amendment, an owner or operator

may implement the change addressed in the written request 

immediately upon submittal of the request. 

2. Permit Modification for a Condition that is not Federally 

Enforceable

For a permit modification for a condition that is not federally 

enforceable, an owner or operator shall submit a written request in 

accordance with the requirements of Rule 401. 

3. Permits to Operate for New Emissions Units

For permits to operate for a new emissions unit at a stationary 

source, an owner or operator shall submit a written request in 

accordance with the requirements of Rule 401, except under the 

following circumstances: 

a. The construction or operation of the emissions unit is a 

modification under U.S. EPA regulations promulgated 

pursuant to Title I of the CAA, including 40 CFR Parts 51, 

52, 60, 61, 63; 

b. The construction or operation of the emissions unit is 

addressed or prohibited by permits for other emissions units

at the stationary source; or 
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c. The emissions unit is an acid rain unit subject to Title IV of 

the CAA. 

In the circumstances specified in subsections 1., 2., or 3., above, an 

owner or operator shall apply for a permit to operate for the new 

emissions unit pursuant to the requirements of Rule 522. 

4.5 Response to Permit Reopening For Cause

Upon notification by the APCO of a reopening of a permit for cause for an 

applicable federal requirement pursuant to subsection 5.8., below, an 

owner or operator shall respond to any written request for information by 

the APCO within the timeframe specified by the APCO. 

PART 5.0 DISTRICT ADMINISTRATIVE PROCEDURES 

5.1 Completeness Review of Applications

The APCO shall determine if an application is complete and shall notify 

an owner or operator of the determination within the following 

timeframes: 

1. For an initial permit, permit renewal, or a significant permit 

modification, within 60 days of receiving the application; 

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

application. 

The application shall be deemed complete unless the APCO requests 

additional information or otherwise notifies an owner or operator that the 

application is incomplete within the timeframes specified above. 

5.2 Notification of Completeness Determination

The APCO shall provide written notification of the completeness 

determination to the U.S. EPA, the ARB and any affected state and shall 

submit a copy of the complete application to the U.S. EPA within five 

working days of the determination. The APCO need not provide 

notification for applications from sources that are not major sources when 

the U.S. EPA waives such requirement for a source category by regulation 

or at the time of approval of the District operating permits program. 
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Northern Sierra AQMD Rule 522 - 21 Adopted 

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5.3 Application Processing Timeframes

The APCO shall act on a complete application in accordance with the 

procedures in subsections 5.4, 5.5. and 5.6, below (except as application 

procedures for acid rain units are provided for under regulations 

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

the following timeframes: 

1. For an initial permit for a source subject to Rule 522 on the date 

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

the rule becomes effective; 

2. For an initial permit for a source that becomes subject to Rule 522 

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

after the complete application is received; 

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

application is received; 

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

the complete application is received; 

5. For a minor permit modification, within 90 days after the 

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

EPA on the proposed decision, whichever is later; or 

6. For any permit application with early reductions pursuant to 

section 112(i)(5) of the CAA, within 9 months after the complete 

application is received. 

5.4 Notification and Opportunity for Review of Proposed Decision

Within the applicable timeframe specified in subsection 5.3., above, the 

APCO shall provide notice of and opportunity to review the proposed 

decision to issue a permit to operate in accordance with requirements in 

this subsection. 

1. For initial permits, renewal of permits, significant permit 

modifications, and reopenings for cause, the APCO shall provide 

the information in subsections a. through e., below. 
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Northern Sierra AQMD Rule 522 - 22 Adopted 

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a. Written notice, the proposed permit and, upon request, 

copies of the District analysis to interested persons or 

agencies. The District analysis shall include a statement 

that sets forth the legal and factual basis for the proposed 

permit conditions, including references to the applicable 

statutory and regulatory provisions. Interested persons or 

agencies shall include persons who have requested in 

writing to be notified of proposed Rule 522 decisions, any 

affected state and the ARB. 

b. On or after providing written notice pursuant to subsection 

5.4.1., above, public notice that shall be published in at 

least one newspaper of general circulation in the District. 

The notice shall provide the information in subsections a) 

through f), below. 

1) The identification of the source, the name and 

address of permit holder, the activity(ies) and 

emissions change involved in the permit action. 

2) The name and address of the District, the name and 

telephone number of District staff to contact for 

additional information. 

3) The availability, upon request, of a statement that 

sets forth the legal and factual basis for the 

proposed permit conditions. 

4) The location where the public may inspect the 

complete application, the District analysis, and the 

proposed permit. 

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. 

6) A statement that members of the public may request 

the APCO to preside over a public hearing for the 

purpose of receiving oral public comment, if a 

hearing has not already been scheduled. The APCO

shall provide notice of any public hearing scheduled 

to address the proposed decision at least 30 days 

prior to such hearing. 
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Northern Sierra AQMD Rule 522 - 23 Adopted 

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c. A copy of the complete application, the District analysis 

and the proposed permit at District offices for public 

review and comment during normal business hours. 

d. A written response to persons or agencies that submitted 

written comments which are postmarked by the close of the 

public notice and comment period. All written comments 

and responses to such comments shall be kept on file at the 

District office and made available upon request. 

e. After completion of the public notice and comment period 

pursuant to subsection b., above, written notice to the U.S. 

EPA of the proposed decision along with copies of the 

proposed permit, the District analysis, the public notice 

submitted for publication, the Districts's response to written 

comments, and all necessary supporting information.

2. For minor permit modifications, the APCO shall provide written 

notice of the proposed decision to the U.S. EPA, the ARB, and 

any affected state. Additionally, the District shall provide to the 

U.S. EPA (and, upon request, to the ARB or any affected state) 

copies of the proposed permit, the District analysis, and all 

necessary supporting information. The District analysis shall 

include a statement that sets forth the legal and factual basis for the 

proposed permit conditions, including references to the applicable 

statutory and regulatory provisions. 

5.5 Changes to the Proposed Decision

Changes to the proposed decision shall be governed by the following 

procedure: 

1. The APCO may modify or change the proposed decision, the 

proposed permit, or the District analysis on the basis of 

information set forth in the comments received during the public 

comment period provided pursuant to subsection 5.4.1.b., above, or 

due to further analysis of the APCO. Pursuant to subsection 

5.4.1.e., above, the APCO shall forward any such modified

proposed decision, the proposed permit, the District analysis, and 

all necessary supporting information to the U.S. EPA. 
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Northern Sierra AQMD Rule 522 - 24 Adopted 

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2. If the U.S. EPA objects in writing to the proposed decision within

45 days of being notified of the decision and receiving a copy of 

the proposed permit and all necessary supporting information 

pursuant to subsection 5.4.1.e., above, the APCO shall not issue the 

permit. The APCO shall either deny the application or revise and 

resubmit a permit which addresses the deficiencies identified in the 

U.S. EPA objection within the following timeframes: 

a. For initial permits, permit renewals, and significant permit 

modifications, within 90 days of receiving the U.S. EPA

objection; or 

b. 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. 

5.6 Final Decision 

If the U.S. EPA does not object in writing within 45 days of the notice 

provided pursuant to subsection 5.4.1.e., above, or the APCO submits a 

revised permit pursuant to subsection 5.5.2., above, the APCO shall, 

expeditiously, deny the application or issue the final permit to operate. In 

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

applicable timeframe specified in subsection 5.3., above. Failure of the 

APCO to act on a permit application or permit renewal application in 

accordance to the timeframes provided in subsection 5.3., above, shall be 

considered final action for purposes of obtaining judicial review to require 

that action on the application be taken expeditiously. 

Written notification of the final decision shall be sent to an owner or 

operator of the source, the U.S. EPA, the ARB and any person and affected 

state that submitted comments during the public comment period. The 

APCO shall submit a copy of a permit to operate as issued to the U.S. EPA

and provide a copy to any person or agency requesting a copy. If the 

application is denied, the APCO shall provide reasons for the denial in 

writing to an owner or operator along with the District analysis and cite 

the specific statute, rule, or regulation upon which the denial is based. 

5.7 District Action on Written Requests

The APCO shall act on a written request of an owner or operator for 

permit action using the applicable procedure specified in this subsection. 
REGULATION V 

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Northern Sierra AQMD Rule 522 - 25 Adopted 

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1. Administrative Permit Amendment

The APCO shall take final action no later than 60 days after 

receiving the written request for an administrative permit 

amendment. 

a. After designating the permit revisions as an administrative 

permit amendment, the APCO may revise the permit 

without providing notice to the public or any affected state. 

b. The APCO shall provide a copy of the revised permit to an 

owner or operator of the source and the U.S. EPA. 

c. While the APCO need not make a completeness 

determination on a written request, the APCO shall notify 

an owner or operator of the source if the APCO determines 

that the permit can not be revised as an administrative 

permit amendment. 

2. Permit Modification for a Condition that is not Federally 

Enforceable

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

modification for a condition that is not federally enforceable in 

accordance with the requirements of Rule 504 under the following 

circumstances: 

a. Any change at the stationary source allowed by the permit 

modification shall meet all applicable federal requirements

and shall not violate any existing permit term or condition; 

and 

b. The APCO provides to the U.S. EPA a contemporaneous 

written notice describing the change, including the date, 

any change in emissions or air pollutants emitted, and any 

applicable federal requirement that would apply as a result 

of the change. 
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3. Permits to Operate for New Emissions Unit

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

operate for a new emissions unit in accordance with the 

requirements of Rule 504 under the circumstances specified in 

subsection 5.7.2.a. and 5.7.2.b., above. However, if subsections 

4.4.3.a., 4.4.3.b., or 4.4.3.c., above, apply, the APCO shall require 

the submittal of a standard District application and take action on 

that application pursuant to the requirements of Rule 522. 

5.8 Permit Reopening for Cause

The APCO shall reopen and revise a permit to operate during the annual 

review period required by section 42301(c) of the H&SC, or petition the 

District hearing board to do so pursuant to section 42307 of the H&SC, 

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 APCO shall act only on those parts of the permit for 

which cause to reopen exists. 

1. Circumstances that are cause for reopening and revision of a 

permit include, but are not limited to, the following: 

a. The need to correct a material mistake or inaccurate 

statement; 

b. The need to revise or revoke a permit to operate to assure 

compliance with applicable federal requirements; 

c. The need to incorporate any new, revised, or additional 

applicable federal requirements, if the remaining 

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

than 18 months after the promulgation of such requirement 

(where less than 3 years remain in the authorized life of the 

permit, the APCO shall incorporate these requirements into 

the permit to operate upon renewal); or 

d. The need to reopen a permit issued to acid rain unit subject 

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

1) Oxides of nitrogen requirements prior to January 1, 

1999, and 
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2) Additional requirements promulgated pursuant to 

Title IV as they become applicable to any acid rain 

unit governed by the permit. 

2. In processing a permit reopening, the APCO shall use the same 

procedures as for an initial permit and shall additionally: 

a. Provide written notice to an owner or operator of the 

source 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 

b. 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 subsection 5.4.1.e., if the U.S. 

EPA does not object, or after the APCO has responded to 

U.S. EPA objection pursuant to subsection 5.5.2., above. 

5.9 Options for Operational Flexibility 

The APCO shall allow specified changes in operations at a source without 

requiring a permit revision for conditions that address an applicable 

federal requirement. The APCO shall not allow changes which constitute 

a modification under Title I of the CAA or Rules 408, 409, 413, 414, 415, 

416, 418, and 419, or that result in an exceedance of the emissions 

allowable under the permit, whether expressed therein as a rate of 

emissions or in terms of total emissions without revision to the permit. 

The source may gain operational flexibility through use of the following 

options: 

1. Alternative Operating Scenarios

The APCO shall allow the use of alternative operating scenarios 

provided that: 

a. Terms and conditions applicable to each operating scenario 

are identified by owner or operator of source in the permit 

application, 

 

b. The terms and conditions are approved by the APCO, 

c. The terms and conditions are incorporated into the permit; 

and 
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Northern Sierra AQMD Rule 522 - 28 Adopted 

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d. The terms and conditions are in compliance with all 

applicable District, state, and federal requirements. 

A permit condition shall require a contemporaneous log to record 

each change made from one operating scenario to another. 

2. Voluntary Emissions Caps

The APCO shall issue a permit that contains terms and conditions 

that allow for trading of emissions increases and decreases within 

the stationary source solely for the purpose of complying with a 

voluntary emissions cap established in the permit independent of 

otherwise applicable federal requirements provided that: 

a. The requirements of subsections 5.9.1.a., 5.9.1.c., and 

5.9.1.d., above, are met; 

b. The terms and conditions are approved by the APCO as 

quantifiable and enforceable; and 

c. The terms and conditions are consistent with the applicable 

preconstruction permit. 

A permit condition shall require that an owner or operator of the 

source provide written notice to the U.S EPA and the APCO 20 

days in advance of a change by clearly requesting operational 

flexibility under this subsection of Rule 522. The written notice 

shall describe the change, identify the emissions unit which will be 

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

of the change, any change in emissions of any air pollutant, 

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

pollutant not emitted before the change, whether regulated or not. 

3. Contravening an Express Permit Condition

The APCO shall allow for changes in operation that contravene an 

express condition addressing an applicable federal requirement in 

a permit to operate provided that: 

a. The change will not violate any applicable federal 

requirement; 
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b. The change will not contravene federally-enforceable 

conditions that are monitoring (including test methods), 

recordkeeping, reporting, or compliance certification 

requirements; 

c. The change is not a modification under Title I of the CAA

or any provision of Rules 408, 409, 413, 414, 415, 416, 

418, and 419; 

d. The change does not result in exceeding the emissions 

allowable under the permit, whether expressed therein as a 

rate of emissions or in terms of total emissions; 

e. Written notice is given to the U.S. EPA and the APCO 30 

days in advance of a change, and the notice clearly

indicates which term or condition will be contravened, 

requests operational flexibility under this subsection, 

describes the change, identifies the emissions units which 

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

the duration of the change, any change in emissions of any 

air pollutant, whether regulated or not, and any new 

emissions of any air pollutant not emitted before the 

change, whether regulated or not; and 

f. The APCO has not provided a written denial to an owner or 

operator of the source within 30 days of receipt of the 

request for an operational change. The written denial shall 

identify which of the requirements of subsections a., b., c., 

d., or e., above, have not been satisfied. 

PART 6.0 PERMIT CONTENT REQUIREMENTS

A permit-to-operate shall contain permit conditions that will assure compliance 

with all applicable federal requirements. 

6.1 Incorporation of Applicable Federal Requirements

A permit to operate shall incorporate all applicable federal requirements as 

permit conditions. The following procedure shall be used to incorporate an 

applicable federal requirement as a permit condition: 
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1. A permit condition that addresses an applicable federal requirement shall 

be specifically identified in the permit, or otherwise distinguished from 

any requirement that is not enforceable by the U.S. EPA; 

2. Where an applicable federal requirement and a similar requirement that is 

not federally enforceable apply to the same emissions unit, both shall be 

incorporated as permit conditions, provided that they are not mutually 

exclusive; and 

3. Where an applicable federal requirement and a similar requirement that is 

not federally enforceable apply to the same emissions unit and are 

mutually exclusive (e.g., require different air pollution control 

technology), the requirement specified in the preconstruction permit (or, 

in the case of sources without preconstruction permits, the more stringent 

requirement) shall be incorporated as a permit condition and the other 

requirement shall be referenced. 

6.2 General Requirements

All permits to operate shall contain the conditions or terms consistent with 40 

CFR Part 70.6 Permit Content, including: 

1. Emission and Operational Limitations

The permit shall contain conditions that require compliance with all 

applicable federal requirements, including any operational limitations or 

requirements. 

2. Preconstruction Permit Requirements

The permit shall include all of the preconstruction permit conditions for 

each emissions unit. 

3. Origin and Authority for Permit Conditions

The origin and authority for each permit term or condition shall be 

referenced in the permit. 

4. Equipment Identification

The permit shall identify the equipment to which a permit condition 

applies. 
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5. Monitoring, Testing, and Analysis

The permit shall contain conditions that require monitoring, analytical 

methods, compliance certification, test methods, equipment management, 

and statistical procedures consistent with any applicable federal 

requirement, including those pursuant to sections 114(a)(3) and 504(b) of 

the CAA, and 40 CFR Part 64. Periodic monitoring shall be required as a 

condition to ensure that the monitoring is sufficient to yield reliable data 

which are representative of the source's compliance with permit conditions 

over the relevant time period. 

6. Recordkeeping

The permit shall include recordkeeping conditions that require: 

 a. Record maintenance of all monitoring and support 

information associated with any applicable federal requirement, 

including: 

1) Date, place, and time of sampling; 

2) Operating conditions at the time of sampling; 

3) Date, place, and method of analysis; and 

4) Results of the analysis; 

b. Retention of records of all required monitoring data and support 

information for a period of at least five years from the date of 

sample collection, measurement, report, or application; and 

c. Any other recordkeeping deemed necessary by the APCO to ensure 

compliance with all applicable federal requirements. 

7. Reporting

The permit shall include reporting conditions that require the following: 

a. Any deviation from permit requirements, including that 

attributable to upset conditions (as defined in the permit), shall be 

promptly reported to the APCO who will determine what 

constitutes "prompt" reporting in terms of the requirement, the 

degree, and type of deviation likely to occur; 
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b. A monitoring report shall be submitted at least every six months 

and shall identify any deviation from permit requirements, 

including that previously reported to the APCO (see subsection 

6.2.7.a. above); 

c. All reports of a deviation from permit requirements shall include 

the probable cause of the deviation and any preventative or 

corrective action taken; 

d. A progress report shall be made on a compliance schedule at least 

semi-annually and shall include: 1) the date when compliance will 

be achieved, 2) an explanation of why compliance was not, or will 

not be, achieved by the scheduled date, and 3) a log of any 

preventative or corrective action taken; and 

e. Each monitoring report shall be accompanied by a written 

statement from the responsible official which certifies the truth, 

accuracy, and completeness of the report. 

8. Compliance Plan

The permit shall include a compliance plan that: 

a. Describes the compliance status of each emissions unit with 

respect to each applicable federal requirement; 

b. Describes how compliance will be achieved if an emissions unit is 

not in compliance with an applicable federal requirement at the 

time of permit issuance; 

c. Assures that each emissions unit will continue to comply with 

those permit conditions with which it is in compliance; and 

d. Assures that each emissions unit will comply with, on a timely 

basis, any applicable federal requirement that will become 

effective during the permit term. 

9. Compliance Schedule

The permit shall include a compliance schedule for any emissions unit

which is not in compliance with current applicable federal requirements. 

The compliance schedule shall require: 
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a. A statement that the emissions unit will continue to comply with 

those permit conditions with which it is in compliance; 

b. A statement that the emissions unit will comply, on a timely basis, 

with an applicable federal requirement that will become effective 

during the permit term; 

c. For each condition with which the emissions unit is not in 

compliance with an applicable federal requirement, a schedule of 

compliance which lists all preventative or corrective activities, and 

the dates when these activities will be accomplished; and 

d. For each emissions unit that is not in compliance with an 

applicable federal requirement, a schedule of progress on at least a 

semi-annual basis which includes: 1) the date when compliance 

will be achieved, 2) an explanation of why compliance was not, or 

will not be, achieved by the scheduled date, and 3) a log of any 

preventative or corrective actions taken. 

10. Right of Entry

The permit shall require that the source allow the entry of the District, 

ARB, or U.S. EPA officials for the purpose of inspection and sampling, 

including: 

a. Inspection of the stationary source, including equipment, work 

practices, operations, and emission-related activity; 

b. Inspection and duplication of records required by the permit to 

operate; and 

c. Source sampling or other monitoring activities. 

11. Compliance with Permit Conditions

The permit shall include the following provisions regarding compliance: 

a. The permittee shall comply with all permit conditions; 

b. The permit does not convey property rights or exclusive privilege 

of any sort; 
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c. The non-compliance with any permit condition is grounds for 

permit termination, revocation and reissuance, modification, 

enforcement action, or denial of permit renewal; 

d. The permittee shall not use the "need to halt or reduce a permitted 

activity in order to maintain compliance" as a defense for noncompliance with any permit condition; 

e. A pending permit action or notification of anticipated noncompliance does not stay any permit condition; and 

f. Within a reasonable time period, the permittee shall furnish any 

information requested by the APCO, in writing, for the purpose of 

determining: 1) compliance with the permit, or 2) whether or not 

cause exists for a permit or enforcement action. 

12. Emergency Provisions

The permit shall include the following emergency provisions: 

a. The permitee shall comply with the requirements of Rule 516 and 

the emergency provisions contained in all applicable federal 

requirements; 

b. Within two weeks of an emergency event, an owner or operator of 

the source shall submit to the District a properly signed, 

contemporaneous log or other relevant evidence which 

demonstrates that: 

1) An emergency occurred; 

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

3) The facility was being properly operated at the time of the 

emergency; 

4) All steps were taken to minimize the emissions resulting 

from the emergency; and 

5) Within two working days of the emergency event, the 

permittee provided the district with a description of the 

emergency and any mitigating or corrective actions taken; 
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c. In any enforcement proceeding, the permittee has the burden of 

proof for establishing that an emergency occurred. 

13. Severability

The permit shall include a severability clause to ensure the continued 

validity of otherwise unaffected permit requirements in the event of a 

challenge to any portion of the permit. 

14. Compliance Certification

The permit shall contain conditions for compliance certification which 

include the following requirements: 

a. An owner or operator of the source shall submit a compliance 

certification to the U.S. EPA and the APCO every 12 months; 

b. The compliance certification shall identify the basis for each 

permit term or condition (e.g., specify the emissions limitation, 

standard, or work practice) and a means of monitoring compliance 

with the term or condition; 

c. The compliance certification shall include the compliance status 

and method(s) used to determine compliance for the current time 

period and over the entire reporting period; and 

d. The compliance certification shall include any additional 

inspection, monitoring, or entry requirement that may be 

promulgated pursuant to sections 114(a) and 504(b) of the CAA. 

15. Permit Life

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

solid waste incinerators subject to section 129(e) of the CAA, each permit 

to operate for any source shall include a condition for a fixed term not to 

exceed five years from the time of issuance. A permit to operate for an

acid rain unit shall have a fixed permit term of five years. A permit to 

operate for a solid waste incinerator shall have a permit term of 12 years; 

however, the permit shall be reviewed at least every five years. 
REGULATION V 

PERMIT TO OPERATE REGULATIONS

Northern Sierra AQMD Rule 522 - 36 Adopted 

Rules & Regulations 03/08/01

16. Payment of Fees

The permit shall include a condition to ensure that appropriate permit fees 

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

forfeited. Operation without a permit subjects the source to potential 

enforcement action by the District and the U.S. EPA pursuant to section 

502(a) of the CAA. 

17. Alternative Operating Scenarios

Where an owner or operator requests that an alternative operating 

scenario be included in the permit for an emissions unit, the permit shall 

contain specific conditions for each operating scenario, including each 

alternative operating scenario. Each operating scenario, 

including each alternative operating scenario, identified in the permit must 

meet all applicable federal requirements and all of the requirements of 

this section. Furthermore, the source is required to maintain a 

contemporaneous log to record each change from one operating scenario 

to another. 

18. Voluntary Emissions Caps

To the extent applicable federal requirements provide for averaging 

emissions increases and decreases within a stationary source without caseby-case approval, an owner or operator may request, subject to approval 

by the APCO, to permit one or more emissions unit(s) under a voluntary

emissions cap. The permit for each emissions unit shall include federallyenforceable conditions requiring that: 

a. All applicable federal requirements, including those authorizing 

emissions averaging, are complied with; 

b. No individual emissions unit shall exceed any emissions limitation, 

standard, or other requirement; 

c. Any emissions limitation, standard, or other requirement shall be 

enforced through continuous emission monitoring, where 

applicable; and 

d. 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. 
REGULATION V 

PERMIT TO OPERATE REGULATIONS

Northern Sierra AQMD Rule 522 - 37 Adopted 

Rules & Regulations 03/08/01

19. Acid Rain Units Subject to Title IV

The permit for an acid rain unit shall include conditions that require 

compliance with any federal standard or requirement promulgated 

pursuant to Title IV (Acid Deposition Control) of the CAA and any federal 

standard or requirement promulgated pursuant to Title V of the CAA, 

except as modified by Title IV. Acid rain unit permit conditions shall 

include the requirements of 40 CFR Part 72.9 and the following 

provisions: 

a. The sulfur dioxide emissions from an acid rain unit shall not 

exceed the annual emissions allowances (up to one ton per year of 

sulfur dioxide may be emitted for each emission allowance 

allotted) that the source lawfully holds for that unit under Title IV 

of the CAA or the regulations promulgated pursuant to Title IV; 

b. Any increase in an acid rain unit's sulfur dioxide emissions 

authorized by allowances acquired pursuant to Title IV of the CAA

shall not require a revision of the acid rain portion of the operating 

permit provided such increases do not require permit revision 

under any other applicable federal requirement; 

c. Although there is no limit on the number of sulfur dioxide 

emissions allowances held by a source, a source with an acid rain 

unit shall not use these emissions allowances as a defense for 

noncompliance with any applicable federal requirement or District

requirement, including District Rules 419, 420, 421, 422, 411, and 

412; and 

d. An acid rain unit's sulfur dioxide allowances shall be accounted 

for according to the procedures established in regulations 

promulgated pursuant to Title IV of the CAA. 

20. Portable Sources

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

locations, shall contain conditions that require the portable source to: 

a. Meet all applicable District, state, and federal requirements at each 

location; 
REGULATION V 

PERMIT TO OPERATE REGULATIONS

Northern Sierra AQMD Rule 522 - 38 Adopted 

Rules & Regulations 03/08/01

b. Specify the monitoring methods, or other methods (e.g. air quality 

modeling) approved by the APCO, that will be used to demonstrate 

compliance with all District, state, and federal requirements; and 

c. Notify the APCO ten working days prior to a change in location.