PROPOSED 9/22/10 RULE 33: 1 

VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT 

RULE 33 - PART 70 PERMITS – GENERAL 

(Adopted 10/12/93, Revised 9/12/06, xx/xx/10) 

A. General 

Rule 33, which includes Rules 33 through 33.10, specifies the requirements and 

procedures by which a source would obtain a Part 70 permit. The provisions of this rule 

shall apply in addition to the requirements of Rules 10 through 32 for any source required 

to obtain a Part 70 permit. 

B. Applicability 

The requirement to obtain a Part 70 permit pursuant to this rule shall apply to: 

1. Any stationary source with a potential to emit of 100 tons per year or more of any 

regulated air pollutant. Effective July 1, 2011, this provision shall apply to 

greenhouse gas emissions only if the source has a potential to emit of 100,000 

tons per year or more CO2 equivalent emissions. (Reference: 40 CFR 70.2 

"Major Source" (2), "Subject to Regulation" (1); 70.3(a)(1)) 

2. The following language shall remain in effect until the effective date of EPA’s 

approval of the revision to this subsection:

 Any stationary source with a potential to emit 25 tons per year or more of either 

reactive organic compounds or nitrogen oxides. 

 The following revised language shall take effect on the effective date of EPA’s 

approval of this language:

 Any stationary source with a potential to emit that equals or exceeds the 

applicable federal major source threshold for Ventura County’s ozone 

nonattainment area classification under the 8-hour ozone standard as follows: 

Major Source Threshold 

Nonattainment Classification Tons Per Year of ROC or NOx 

Marginal and Moderate and Subpart 1 100 

Serious 50 

Severe 25 

Extreme 10 

(Reference: 40 CFR 70.2 "Major Source" (3)(i), 70.3(a)(1)) 

3. Any stationary source, or group of stationary sources located in a contiguous area 

and under common control with a potential to emit of: 

a. 10 tons per year or more of any EPA hazardous air pollutant; 
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b. 25 tons per year or more of any combination of EPA hazardous air 

pollutants; or 

c. A lesser quantity, as established by regulations promulgated by the 

Administrator of the EPA, of any EPA hazardous air pollutant. 

 

(Reference: 40 CFR 70.2 "Major Source" (1)(i); 70.3(a)(1)) 

4. Any stationary source in a source category required to obtain a Part 70 permit 

pursuant to regulations promulgated by the Administrator of the EPA. 

(Reference: CAA Section 502(a); 40 CFR 70.3(a)(5), 70.3(b)(1), 70.3(b)(2)) 

5. Any acid rain source. (Reference: 40 CFR 70.2, 70.3(a)(4)) 

6. Any solid waste incineration unit required to obtain a Part 70 permit pursuant to 

Section 129(e) of the federal Clean Air Act. (Reference: 40 CFR 70.3(b)(1)) 

 7. Any stationary source with a potential to emit that equals or exceeds any federal 

major source threshold based on Ventura County’s attainment classification for 

PM-10 or CO. (Reference: 40 CFR 70.2 "Major Source" (3)(iii) and (iv), 

70.3(a)(1)) 

8. Any stationary source required to have a permit pursuant to part C or part D of 

title I of the federal Clean Air Act, including any stationary source that was ever 

required to have a federal Prevention of Significant Deterioration (PSD) permit or 

federal New Source Review (NSR) permit. (Reference Clean Air Act 502(a) 

C. Exemptions 

The requirement to obtain a Part 70 permit for a source listed in Section B shall not apply 

to: 

1. Any stationary source required to obtain a Part 70 permit solely because such 

source is subject to the provisions of 40 CFR 60, Subpart AAA, Standards of 

Performance for New Residential Wood Heaters (Reference: 40 CFR 

70.3(b)(4)(i)); or 

2. Any stationary source or operation required to obtain a Part 70 permit solely 

because such source is subject to the provisions of 40 CFR 61, Subpart M, 

National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 

61.145, Standard for Demolition and Renovation (Reference: 40 CFR 

70.3(b)(4)(ii)); or 

3. Any stationary source, including an area source, required to obtain a Part 70 

permit solely because such source is subject to regulations or requirements 

pursuant to Section 112(r) of the federal Clean Air Act. (Reference: 40 CFR 

70.3.(a)(3)) 
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4. Any solid waste incineration unit required to obtain a permit pursuant to Section 

3005 of the Solid Waste Disposal Act. (Reference: CAA Section 129(g)(1))