San Luis Obispo County APCD 216-1 3/23/2011

RULE 216. FEDERAL PART 70 PERMITS

(Adopted 10/26/93; Revised 3/28/01; Revised 3/23/11

A. GENERAL. This Rule specifies the requirements and procedures by which a specific 

source may obtain a Federally enforceable operating permit in accordance with the 

requirements of Part 70 to Title 40 of the Code of Federal Regulations. The Air Pollution 

Control Officer (APCO) may also issue a general Part 70 permit for numerous similar 

sources. For the purposes of this Rule, all references to Part 70 permits shall also apply 

to general Part 70 permits except where specific requirements are identified. 

This Rule initially became effective upon its approval by the United States 

Environmental Protection Agency (EPA). However, the requirements of this Rule 216 

shall be suspended during any time period in which a 40 CFR Part 71 operating permit 

program is being administered for sources under the jurisdiction of the San Luis Obispo 

County Air Pollution Control District, in lieu of Rule 216, unless:

1. The U.S. EPA is taking action to satisfy an objection in accordance with 40 CFR 

Parts 70.8(c)(4) and 71.4(e); or

2. The District and U.S. EPA jointly agree, in accordance with 40 CFR Section 

71.10, "Delegation of Part 71 Program," that all or part of Rule 216 shall not be 

suspended; in which case the terms, conditions, and scope of such delegation shall 

be set forth in writing in the delegation agreement.

In addition to being enforceable pursuant to federal law, during any suspension of 

Rule 216, an existing permit issued pursuant thereto shall continue to be enforced 

by the District in accordance with Rule 202 and other applicable state and District 

rules and regulations. Action to modify, renew, or reopen such permit shall be 

conducted pursuant to the Federal Clean Air Act and 40 CFR Part 71 and/or Rule 

202 and other applicable state and District rules and regulations, depending on 

whether the requirement involved in the permit action is District-only enforceable 

or enforceable by both the District and the U.S. EPA and the citizens of the 

United States.

The provisions of this Rule shall apply in addition to all other requirements found 

elsewhere in this Regulation 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 

air pollutant except greenhouse gases.

2. Greenhouse gases equal to or exceeding the thresholds as specified in 40 CFR 

70.2 in effect August 2, 2010. 
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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;

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.

For the purposes of this Subsection, EPA hazardous air pollutant 

emissions from any oil or gas exploration or production well and 

associated equipment, and from any pipeline compressor or pump station 

shall not be aggregated with such emissions from other similar units 

whether or not such units are located in a contiguous area or are under

common control.

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. 

5. Any acid rain source.

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

Section 129(e) of the federal Clean Air Act (CAA).

C. DEFINITIONS. For the purposes of this Rule the following definitions shall apply:

1. "Acid Rain Source": Any stationary source that includes one or more emission 

units that are subject to emission reduction requirements or limitations pursuant to 

Title IV of the CAA Amendments of 1990.

2. "Administrative Part 70 Permit Amendment": A modification to a Part 70 permit 

that is being made solely for the purpose of accomplishing one or more of the 

following objectives:

a. Corrects typographical errors.

b. Makes an administrative change at the source such as the name, address or 

phone number of a person named in the Part 70 permit.

c. Requires more frequent monitoring or reporting by the permittee.

d. Allows for the transfer of ownership or operational control of a stationary 

source provided that a written agreement containing a specific date for 

transfer of Part 70 permit responsibility, coverage, and liability between 

the current and new permittee has been submitted to the District.
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e. Qualifies as an alteration and does not affect any permit condition.

3. “Affected State”: Any State:

a. Whose air quality may be affected by the issuance, modification, or 

reissuance of a Part 70 permit and that is contiguous to the state of 

California; or 

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

4. "Air Pollutant": Any pollutant that is emitted into or otherwise enters the ambient 

air, and that is listed among the following:

a. Oxides of nitrogen and volatile organic compounds. 

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

promulgated pursuant to Section 109 of the CAA.

c. Any pollutant subject to a new source performance standard promulgated 

pursuant to Section 111 of the CAA.

d. Any ozone-depleting substance specified as a Class I or Class II substance 

pursuant to Title VI of the CAA.

e. Any pollutant subject to a standard or requirement promulgated pursuant 

to Section 112 of the CAA, including:

1) Any pollutant specified in the list of substances pursuant to Section 

112(r) of the CAA shall be considered an air pollutant upon 

promulgation of such list.

2) Any EPA hazardous air pollutant subject to a standard or 

requirement promulgated by EPA pursuant to Section 112(d) of the 

CAA shall be considered an air pollutant:

i. Upon promulgation of the standard or list, or

ii. 18 months after the standard or requirement was scheduled 

to be promulgated pursuant to Section 112(e)(3) of the 

CAA.

3) Any EPA hazardous air pollutant subject to a District case-by-case 

emission limitation determination made pursuant to Section 112(j) 

of the CAA.

4) Any EPA hazardous air pollutant subject to a District case-by-case 

emission limitation determination made pursuant to Section 112(g) 

of the CAA. For any case-by-case emission limitation 

determination made pursuant to Section 112(g), the EPA 
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hazardous air pollutant shall be considered an air pollutant only for 

the stationary source for which such emission limitation 

determination was made.

f. Greenhouse gases that are “subject to regulation” as defined in 40 CFR 

70.2 in effect August 2, 2010.

5. “Alteration”: Any physical change in, or any change in the method of operation 

of an existing stationary source that is not subject to the modification 

requirements of Rule 204 and would otherwise qualify as a non-federal minor 

change.

6. "Applicable Requirement": Any federal, state, or District air pollution 

requirement and all federally-enforceable requirements.

7. "Emergency": Any situation arising from sudden and reasonably unforeseeable 

events beyond the control of a permittee, including acts of God, which situation 

requires immediate corrective action to restore normal operation, and that causes 

the stationary source to exceed a technology-based emission limitation under the 

Part 70 permit, due to unavoidable increases in emissions attributable to the 

emergency. An emergency shall not include noncompliance to the extent caused 

by improperly designed equipment, lack of preventative maintenance, careless or 

improper operation, or operator error.

8. "Emissions Allowable Under the Part 70 Permit": A federally-enforceable permit 

condition determined at issuance to be required by an applicable requirement that 

establishes an emissions limit, including a work practice standard, or a federally 

enforceable emissions cap that a source has assumed to avoid an applicable 

requirement to which the source would otherwise be subject. 

9. "Emissions Unit": Any part or activity of a stationary source that emits or has the 

potential to emit any regulated air pollutant or any pollutant listed under Section 

112(b) of the CAA.

10. "EPA Hazardous Air Pollutant": Any hazardous air pollutant listed pursuant to 

Section 112(b) of the CAA.

11. "Federally-Enforceable": Any requirement, standard, or limitation that is 

enforceable by the Administrator of the EPA and citizens under the CAA.

12. "Federally-Enforceable Requirement": Any air pollution requirement set forth in, 

or authorized by, the CAA or EPA regulations. Federally-enforceable 

requirements include requirements that are included in regulations promulgated 

by the administrator of the EPA at the time of issuance of a Part 70 permit but 

have future effective dates. Federally-enforceable requirements include all of the 

following:

a. Title I requirements of the CAA, including all of the following:
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1) New Source Review (Rule 204, Requirements) requirements in the 

state implementation plan approved by the EPA and the terms and 

conditions of the authority to construct issued pursuant to such 

rule.

2) Prevention of Significant Deterioration (PSD) requirements and 

the terms and conditions of the PSD permit (40 CFR Part 52).

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

4) National Ambient Air Quality Standards, increment, or visibility 

requirements, but only as they would apply to sources permitted 

pursuant to Section 504(e) of the CAA.

5) National Emissions Standards for Hazardous Air Pollutants (40 

CFR Part 61).

6) Any standard or other requirement under Section 112 of the CAA, 

including Maximum Achievable Control Technology or Generally 

Available Control Technology standards developed, and 

determinations made, pursuant to Subsections 112(g) and 112(j).

7) Risk Management Plans (Section 112(r) of the CAA).

8) Solid Waste Incineration requirements (Section 129 of the CAA).

9) Consumer and Commercial Product requirements (Section 183 of 

the CAA).

10) Tank Vessel requirements (Section 183 of the CAA).

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

12) Federal Implementation Plan requirements.

13) Enhanced Monitoring and Compliance Certification requirements 

(Section 114(a)(3) of the CAA).

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

CAA (40 CFR Part 55), upon delegation by EPA of the OCS program to 

the District.

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

Parts 72, 73, 75, 76, 77, 78).

d. Title VI (Stratospheric Ozone Protection) requirements of the CAA (40 

CFR Part 82).

e. Monitoring and Analysis requirements (Section 504(b) of the CAA).
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13. "General Part 70 permit": A Part 70 permit covering numerous similar sources 

that includes the criteria by which sources may qualify for the general Part 70 

permit. A general Part 70 permit will be issued to a source by the APCO as a 

supplement, and not in lieu of, a Permit to Operate issued pursuant to Rule 202, 

Permits. Examples of sources for which a general Part 70 permit may be issued 

are perchloroethylene drycleaning facilities or motor vehicle gasoline dispensing 

facilities.

14. "Insignificant Activities": Those emission units that do not require a permit 

pursuant to Rule 201, Equipment Not Requiring A Permit.

15. "Minor Part 70 Permit Modification": A modification to a Part 70 permit that 

meets all of the following criteria:

a. The modification does not involve any addition, deletion, or revision to a 

Part 70 Permit condition under Section 112(g) of Title I of the CAA or 

under EPA regulations promulgated pursuant to Title I of the CAA, 

including 40 CFR Parts 51, 52, 60, 61, and 63.

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

c. The modification does not require or change a federally-enforceable caseby-case determination of an emission limitation or other standard.

d. The modification does not involve any significant change to any existing 

federally-enforceable monitoring term or condition or involve any 

relaxation of reporting or recordkeeping requirements in the Part 70 

permit.

e. The modification does not seek to establish or change a Part 70 permit 

condition that established a federally-enforceable emissions cap assumed 

to avoid an otherwise federally-enforceable requirement.

16. "Non-Federal Minor Change": A modification to a non-federally-enforceable 

term or condition to a Part 70 permit that meets all of the following criteria:

a. The modification is not addressed or prohibited by the federallyenforceable portion of the Part 70 permit.

b. The modification does not involve any addition, deletion, or revision to a 

Part 70 Permit condition under Section 112(g) of Title I of the CAA or 

under EPA regulations promulgated pursuant to Title I of the CAA, 

including 40 CFR Parts 51, 52, 60, 61, and 63.

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

including those of Title IV to the CAA.
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17. "Part 70 Permit": A permit issued by the District to fulfill the requirements of 

Title V of the CAA and 40 CFR Part 70. This Part 70 permit shall also serve as a 

permit to operate issued to fulfill the requirements of Rule 202, Permits. 

Notwithstanding the previous sentence a general Part 70 permit shall not serve as 

a permit to operate issued to fulfill the requirements of Rule 202.

18. "Potential to Emit": The potential to emit for a stationary source is the sum of the 

potential to emit from all emissions units at the stationary source. If two or more 

EPA hazardous air pollutants are emitted from a stationary source, the potential to 

emit of each EPA hazardous air pollutant that is emitted shall be summed for the 

purpose of determining applicability pursuant to Subsection B.2.b. Fugitive 

emissions of EPA hazardous air pollutants that are associated with a stationary 

source shall be included in the potential to emit for the stationary source but 

fugitive emissions of all other pollutants need only be included if such stationary 

source is specified in 40 CFR 70.2 "Major Source" (2)(i-xxvii).

The potential to emit for an emissions unit is the maximum quantity of each air 

pollutant that may be emitted by the emissions unit, based on the emissions unit's 

physical and operational design. Physical and operational design shall include 

limitations that restrict emissions, such as hours of operation and type or amount 

of material combusted, stored or processed, provided such limitations are legally 

and practicably enforceable by EPA and citizens or by the District.

19. "Responsible Official": One of the following:

a. 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 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 Part 70 permit and either:

1) The facilities employ more that 250 persons or have gross annual 

sales or expenditures exceeding $25,000,000 (in second quarter 

1980 dollars); or

2) The delegation of authority to such representative is approved in 

advance by the District.

b. For a partnership or sole proprietorship: a general partner or the proprietor, 

respectively.

c. For a municipality, state, federal or other public agency: either a principal 

executive officer or ranking elected official. For the purposes of this Rule, 

a principal executive officer of a federal agency includes the chief 

executive officer having responsibility for the overall operations of a 

principal geographic unit of the agency.
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d. For acid rain sources:

1) The designated representative in so far as actions standards, 

requirements, or prohibitions under Title IV of the CAA or any 

regulations promulgated thereunder are concerned; or

2) The designated representative for any other purposes under this 

Rule.

20. "Significant Part 70 Permit Action": A permit action that would:

a. Issue an initial Part 70 permit;

b. Reissue a Part 70 permit; or

c. Modify a Part 70 permit, except an administrative Part 70 permit 

amendment, non-federal minor change or minor Part 70 permit 

modification.

21. "Significant Part 70 Permit Modification": Any modification to a Part 70 permit 

that is not either an administrative Part 70 permit amendment, nonfederal minor 

change or minor Part 70 permit modification.

22. "Stationary Source": Any building, structure, facility, or installation that emits or 

may emit any regulated air pollutant or any pollutant listed under Section 112(b) 

of the CAA.

D. 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; 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; 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 CAA. 

E. REQUIREMENTS - Application Contents 

1. Required Information for a Part 70 Permit. A complete application for a Part 70 

permit shall contain all the information necessary for the APCO to determine 
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compliance with all applicable requirements. The information shall, to the extent 

possible, be submitted on standard application forms available from the District. 

The following information shall be included at a minimum:

a. Information identifying the stationary source.

b. A description of the source's processes and products including any 

associated with an alternative operating scenario.

c. Identification and description of all existing sources at the facility. 

d. For applications for initial issuance or reissuance, a list of all emissions 

units located at the stationary source that are insignificant activities 

because of size or production rate. Such list shall not omit information 

needed to determine the applicability of, or to impose, any applicable 

requirement. 

e. Emission-related information, including all stack and fugitive emissions of 

air pollutants for which the source would be subject to the provisions of 

Subsections B.1 or B.2 above, all emissions of air pollutants, emission 

calculations, and all assumptions used in the calculations including 

process rate assumptions. 

f. Citation and description of all applicable requirements and description of, 

or reference to, any associated test methods.

g. An explanation of any proposed exemptions from any applicable 

requirements.

h. A complete description of any alternative operating scenarios to be 

included in the Part 70 permit.

i. A compliance plan as required by Subsection L.2 and, if required, a 

schedule of compliance approved by the District Hearing Board.

j. Compliance certification for the stationary source as required by 

Subsection L.3.

k. For acid rain sources, nationally-standardized forms as required by 

regulations promulgated under Title IV of the CAA .

l. For a source of EPA hazardous air pollutants 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.

m. For applications requesting the use of minor Part 70 permit modification 

procedures the following information shall also be included:
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1) A suggested draft Part 70 permit for the source that complies with 

the provisions of Section F.

2) Certification by a responsible official stating that the modification 

meets the criteria for use of minor Part 70 permit modification 

procedures.

The information required for a complete application is explained in more detail in 

"San Luis Obispo County Air Pollution Control District Guidelines for Part 70 

Permit Applications."

2. Required Information for a General Part 70 Permit. A complete application to be 

covered by a general Part 70 permit shall contain all of the information required 

under Subsection E.1 above except for that information required by Subsections d 

through h. In addition, the application shall contain all information necessary to 

determine qualification for, and to assure compliance with, the general Part 70 

permit.

3. Additional Information after an Application Is Complete. If the District 

determines that additional information is necessary to evaluate a Part 70 permit 

application after the application has been deemed complete, the District may 

request such information in writing and set a reasonable deadline for a response. 

The District may deny the application if the applicant fails to supply the 

information by the deadline set by the District.

4. Supplementary Information. Any applicant who has failed to submit any relevant 

information or who has submitted incorrect information to the District shall, upon 

becoming aware of such failure or incorrect submittal, promptly submit such 

relevant or corrected information. In addition, any applicant shall provide 

additional information as necessary to address any requirements that become 

applicable after a complete application has been submitted but before a proposed 

Part 70 permit is released.

5. Certification by Responsible Official. Any Part 70 permit application shall be 

certified by a responsible official. The certification shall state that, based on 

information and belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete.

F. REQUIREMENTS - Permit Content

1. Each Part 70 permit shall conform to an EPA approved format and shall include 

the following elements:

a. Conditions that will assure compliance with all applicable requirements, 

including conditions establishing emission limitations and standards for all 

applicable requirements. 
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1) With the exception of acid rain program requirements, where any 

two or more applicable requirements are mutually exclusive, the 

more stringent shall be incorporated as a permit condition and the 

other(s) shall be referenced. 

2) In the case of acid rain program requirements, where an applicable 

requirement of the CAA is more stringent than an applicable 

requirement of regulations promulgated under Title IV, both 

provisions shall be incorporated as separately enforceable 

requirements into the permit.

b. The term of the Part 70 permit. 

c. Conditions establishing all applicable emissions monitoring and analysis 

procedures, emissions test methods or continuous monitoring equipment 

required under all applicable requirements; and related recordkeeping and 

reporting requirements. 

1) Where the applicable requirement does not require periodic testing 

or monitoring, conditions establishing periodic monitoring 

sufficient to yield reliable data from the relevant time period that 

are representative of the source's compliance with the permit as 

reported pursuant to Subsection F.1.c.3 . 

i. Such monitoring requirements shall assure use of terms, 

test methods, units, averaging periods, and other statistical 

conventions consistent with the applicable requirement.

2) As necessary, requirements concerning the use, maintenance, and, 

where appropriate, installation of monitoring equipment or 

methods.

3) Records of required monitoring information that include the 

following:

i. The date, place as defined in the permit, and time of 

sampling or measurements; 

ii. The date(s) analyses were performed;

iii. The company or entity that performed the analyses;

iv. The analytical techniques or methods used;

v. The results of such analyses; and 

vi. The operating conditions as existing at the time of sampling 

or measurement.

4) All applicable records shall be maintained for a period of at least 5 

years. 

5) All applicable reports shall be submitted every 6 months and shall 

be certified by a responsible official. 
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i. All instances of deviations from permit requirements must 

be clearly identified.

d. If applicable, a Part 70 permit condition prohibiting emissions exceeding 

any allowances that the source lawfully holds under Title IV of the CAA 

or the regulations promulgated thereunder . 

e. A severability clause to ensure the continued validity of the various Part 

70 permit requirements in the event of a challenge to any portions of the 

Part 70 permit. 

f. A statement that the permittee must comply with all conditions of the Part 

70 permit and that any permit noncompliance constitutes a violation of the 

CAA and is grounds for enforcement action; for permit termination, 

revocation and reissuance, or modification; or for denial of a permit 

renewal application.

g. A statement that the need for a permittee to halt or reduce activity shall not 

be a defense in an enforcement action. 

h. A statement that the Part 70 permit may be modified, revoked, reopened, 

and reissued, or terminated for cause. 

i. A statement that the Part 70 permit does not convey any property rights of 

any sort, or any exclusive privilege. 

j. A statement that the permittee shall furnish to the permitting authority, 

within a reasonable time:

1) Any information required to determine whether cause exists for 

modifying, revoking, reissuing or terminating the Part 70 permit;

2) Any information required to determine compliance with the Part 

70 permit; or

3) Copies of any records required to be maintained by the Part 70 

permit.

k. A condition requiring the permittee pay fees due to the District consistent 

with all applicable fee schedules. 

l. A provision stating that no permit revision shall be required, under any 

approved economic incentives, marketable permits, emissions trading and 

other similar programs or processes for changes that are provided for in 

the permit.
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m. Applicable conditions for all reasonably anticipated operating scenarios 

identified by the source in its Part 70 permit application. Such conditions 

shall meet all applicable requirements. 

n. Applicable conditions for allowing trading under a voluntary emission cap 

accepted by the permittee to the extent that the applicable requirements 

provide for such trading without a case-by-case approval of each 

emissions trade. Such conditions must meet all applicable requirements. 

o. Prompt reporting of deviations from permit requirements, including those

attributable to upset conditions as defined in the permit, the probable cause 

of such deviations, and the corrective actions or preventive measures 

taken. For the purposes of this requirement, “prompt” shall be defined as 

a verbal report as soon as reasonably possible, but in any case within four 

(4) hours after the deviation’s detection, followed by a written report 

within 10 calendar days of having corrected the deviation.

p. For any condition based on a federally-enforceable requirement, 

references that specify the origin and authority for each condition, and 

identify any difference in form as compared to such federally-enforceable 

requirement. 

2. Each Part 70 permit shall include the following compliance requirements:

a. Inspection and entry requirements that require that the permittee shall 

allow the District to perform the following:

1) Enter upon the permittee's premises where a part 70 source is 

located or emissions-related activity is conducted, or where records 

must be kept under the conditions of the permit;

2) Have access to and copy, at reasonable times, any records that 

must be kept under the conditions of the permit;

3) Inspect at reasonable times any facilities; equipment, including 

monitoring and air pollution control equipment; practices; or 

operations regulated or required under the permit; and 

4) As authorized by the Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance 

with the permit or applicable requirements. 

b. A schedule of compliance consistent with Subsection L.2. 

c. If the stationary source is not in compliance with any federallyenforceable requirement, a schedule of compliance approved by the 

District Hearing Board. In addition, a condition that requires submittal of 

a progress report on the schedule of compliance at least semiannually. 

Those reports shall contain the following: 
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1) Dates for achieving the activities, milestones, or compliance 

required in the schedule of compliance, and dates when such 

activities, milestones or compliance were achieved; and

2) An explanation of why any dates in the schedule of compliance 

were not or will not be met, and any preventive or corrective 

measures adopted.

d. A requirement that the permittee submit compliance certification pursuant 

to Subsection L.3. 

3. Federally-enforceable Requirements. All conditions of the Part 70 permit shall be 

enforceable by the EPA and citizens under the CAA unless the conditions are 

specifically designated as not being federally-enforceable and, therefore, a 

District-only requirement. 

G. REQUIREMENTS - Operational Flexibility

1. General. This section contains the provisions by which a source could: operate 

under alternative operating scenarios, trade emissions under a federallyenforceable emissions cap, or contravene a Part 70 permit condition. Any actions 

taken solely pursuant to and in accordance with the provisions of this section shall 

not be considered a significant Part 70 permit modification, minor Part 70 permit 

modification, or administrative Part 70 permit amendment.

2. Alternative Operating Scenarios. The owner or operator of any stationary source 

required to obtain a Part 70 permit may submit a description of all reasonably 

anticipated operating scenarios for the stationary source as part of the Part 70 

permit application. The operating scenario descriptions shall contain emission 

information for each scenario and sufficient information for the District to 

develop reasonable permit conditions defining each scenario.

The owner or operator of any stationary source that is permitted to operate under 

different operating scenarios will be allowed to change between operating 

scenarios without any notice to the District but shall be required to maintain a log 

at the stationary source recording all changes of operating scenarios. All changes 

of operating scenarios must be recorded in the log contemporaneously with the 

change.

3. Voluntary Emission Caps. The owner or operator of any stationary source 

required to obtain a Part 70 permit, as part of the Part 70 permit application, may 

request the District to establish a federally-enforceable emissions cap independent 

of any federally-enforceable requirement for any pollutant emitted by the 

stationary source. The emissions cap request shall contain proposed replicable 

procedures and permit terms that ensure the emissions trades will be quantifiable 

and enforceable. The District shall not be required to include in the emissions 
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trading provisions any emissions units for which emissions are not quantifiable or 

for which there are no replicable procedures to enforce the emissions trades.

The owner or operator of any stationary source that is permitted to operate under 

an emissions cap will be allowed to trade emissions within the emissions cap with 

30 calendar days written notification to the District and the Administrator of the 

EPA, unless the District objects in writing to the emissions trade within the 30 

day notice period.

The written notice shall state when the emissions trade will occur and shall 

describe the changes in emissions that will occur. The written notice shall also 

demonstrate that the requested change meets all of the following criteria:

a. The emissions trade will not violate any applicable requirement, including 

Rule 204, Requirements.

b. The modification does not involve any addition, deletion, or revision to a 

Part 70 Permit condition under Section 112(g) of Title I of the CAA or 

under EPA regulations promulgated pursuant to Title I of the CAA, 

including 40 CFR Parts 51, 52, 60, 61, and 63. 

c. The emissions trade does not result in exceeding the emissions allowable 

under the Part 70 permit whether expressed as a rate of emissions or in 

terms of total emissions.

d. The emissions trade will comply with all Part 70 permit conditions.

The District shall object to the emissions trade only if one or more of these 

criteria are not satisfied. The source, the District, and the EPA shall attach each 

such notice to their copy of the relevant permit.

4. Contravening Express Part 70 Permit Conditions. The owner or operator of any 

stationary source required to obtain a Part 70 permit will be allowed to contravene 

an express Part 70 permit condition with 30 calendar days prior written 

notification to the District and the Administrator of the EPA, unless the District 

objects in writing to the change within the 30 day notice period.

The written notice shall include a brief description of the change, the date on 

which the change will occur, any change in emissions, and any Part 70 permit 

condition that will no longer be applicable as a result of the change. The written 

notice shall also demonstrate that the requested change meets all of the following 

criteria:

a. The change will not violate any applicable requirement, including Rule 

204, Requirements.

b. The modification does not involve any addition, deletion, or revision to a 

Part 70 Permit condition under Section 112(g) of Title I of the CAA or 
San Luis Obispo County APCD 216-16 3/23/2011

under EPA regulations promulgated pursuant to Title I of the CAA, 

including 40 CFR Parts 51, 52, 60, 61, and 63. 

c. The change does not result in exceeding the emissions allowable under the 

Part 70 permit whether expressed as a rate of emissions or in terms of total 

emissions.

d. The change will not contravene federally-enforceable Part 70 permit 

conditions that are monitoring, including test methods; recordkeeping; 

reporting; or compliance certification requirements.

The District shall object to the contravening of an express Part 70 permit 

condition only if one or more of these criteria are not satisfied. The source, the 

District, and the EPA shall attach each such notice to their copy of the relevant 

permit.

H. REQUIREMENTS - Timeframes for Applications, Review, and Reissuance

1. Significant Part 70 Permit Actions

a. Timely Submission of Applications. Any stationary source required to 

obtain a Part 70 permit pursuant to Section B shall submit an application 

for such permit in the following manner:

1) For any stationary source that is required to obtain a Part 70 permit 

pursuant to Section B on the effective date of this Rule, an 

application for a Part 70 permit shall be submitted to the District 

no later than six (6) months after the effective date of this Rule. 

2) For any stationary source that becomes subject to the requirement 

to obtain a Part 70 permit, pursuant to Subsections B.2.c or B.3 

after the effective date of this Rule, and provided the source was 

being operated within San Luis Obispo County prior to the date on 

which such source becomes subject to the requirement to obtain a 

Part 70 permit, an application for a Part 70 permit shall be 

submitted to the District by no later that twelve (12) months after 

such source becomes subject to such requirement.

3) For any stationary source that becomes subject to the requirement 

to obtain a Part 70 permit after the effective date of this Rule, 

except a source subject to Subsection H.1.a.2, an application for a 

Part 70 permit shall be submitted to the District prior to 

commencing operation of those portions of the source that caused 

the source to become subject to the requirement to obtain a Part 70 

permit. 

4) For any stationary source that is requesting a significant Part 70 

permit modification, an application for a modified Part 70 permit 
San Luis Obispo County APCD 216-17 3/23/2011

shall be submitted to the District. The APCO must take final 

action to approve the application before the source may be 

operated pursuant to the modification. 

5) For any stationary source that is applying for reissuance of a Part 

70 permit, an application for a Part 70 permit shall be submitted to 

the District no more than 18 months prior to the expiration date 

and no less than six (6) months prior to the expiration date of the 

Part 70 permit. 

6) Applications for initial phase II acid rain permits shall be 

submitted to the APCO by January 1, 1996 for sulfur dioxide, and 

by January 1, 1998 for nitrogen oxides. 

b. Completeness Determinations. The APCO shall provide written notice to 

an applicant regarding whether or not a Part 70 permit application is 

complete. Unless the APCO requests additional information or otherwise 

notifies the applicant that the application is incomplete within 60 calendar 

days after receipt of such application, the application shall be deemed 

complete. 

c. Action on Applications. The APCO shall take final action on each 

complete Part 70 permit application as follows:

1) For applications for a Part 70 permit that are submitted pursuant to 

Subsection H.1.a.1 the APCO shall take final action:

i. On at least one third of all such applications by no later 

than one year after the effective date of this Rule; 

ii. On at least two thirds of all such applications by no later 

than two years after the effective date of this Rule; and 

iii. On all such applications by no later than three years after 

the effective date of this Rule. 

2) For any complete application for a Part 70 permit that contains an 

early reduction demonstration pursuant to Section 112(i)(5) of the 

CAA, the APCO shall take final action by no later than nine 

months after receipt of such complete application. 

3) For any applications for a Part 70 permit for a phase II acid rain 

source, the APCO shall take final action in accordance with the 

deadlines in Title IV of the CAA and regulations promulgated 

thereunder . 

4) Except for applications listed pursuant to Subsections H.1.c.1 

through 3, the APCO shall take final action on an application by no 

later than 18 months after the receipt of such complete application. 
San Luis Obispo County APCD 216-18 3/23/2011

2. Administrative Part 70 Permit Amendment Procedures. An applicant shall submit 

an application for an administrative Part 70 permit amendment prior to 

implementing the requested change. An applicant may implement the changes 

addressed in an application for an administrative Part 70 permit amendment upon 

submission of such application to the District. 

The APCO shall take final action on any request for an administrative Part 70 

permit amendment within 60 calendar days after receipt of such request. 

Administrative Part 70 permit amendments for purposes of the acid rain portion of 

a Part 70 permit shall be governed by regulations promulgated under Title IV of 

the CAA. 

3. Minor Part 70 Permit Modifications

a. Timely Submission of Applications. For any stationary source that is 

requesting a minor Part 70 permit modification, an application for a 

modified Part 70 permit shall be submitted to the District. The APCO 

must take final action to approve the application before the source may be 

operated pursuant to the modification.

b. Action on Applications. The APCO shall not issue a final permit 

modification until after EPA's 45-day review period or until EPA has 

notified the District that it will not object to the permit modification, 

whichever is first. The APCO shall take final action on an application for 

a minor Part 70 permit modification within 90 calendar days of receipt of 

such application or within 15 calendar days after EPA's 45-day review 

period, whichever is later. Under this final action the APCO shall:

1) Issue the Part 70 permit modification as proposed;

2) Deny the Part 70 permit modification application;

3) Determine the proposed Part 70 permit modification does not meet 

the minor Part 70 permit modification criteria and should be 

reviewed under the significant Part 70 permit action procedures; or

4) Revise the proposed Part 70 permit and transmit the revised 

proposed Part 70 permit to EPA.

4. Non-federal Minor Changes

a. Timely Submission of Applications. For any stationary source that is 

requesting a non-federal minor change to their Part 70 permit, an 

application for a modified Part 70 permit shall be submitted to the District, 

with a copy to the EPA. 
San Luis Obispo County APCD 216-19 3/23/2011

b. Action on Applications. The APCO shall take final action on an 

application for a non-federal minor change within 180 calendar days of 

receipt of such application. Under this final action the APCO shall:

1) Issue the permit modification as proposed;

2) Deny the permit modification application; or

3) Determine the proposed permit change does not meet the nonfederal minor change criteria and should be reviewed under the 

significant Part 70 permit action procedures or minor Part 70 

permit modification procedures.

5. EPA Objection. The APCO shall not issue a Part 70 permit if the EPA objects to 

the issuance of the Part 70 permit in writing within 45 calendar days of receipt by 

EPA of a copy of a complete application for a significant Part 70 permit action or 

minor Part 70 permit modification, the proposed Part 70 permit and all necessary 

supporting information or until EPA has notified the District that EPA will not 

object to such permit action, whichever occurs first.

In any case where a proposed Part 70 permit has been revised after the proposed 

Part 70 permit was provided to EPA, the APCO shall not issue a Part 70 permit if 

the EPA objects to the issuance of the Part 70 permit in writing within 45 calendar 

days of receipt by EPA of the revised proposed Part 70 permit and all necessary 

supporting information pertaining to such revision to the proposed Part 70 permit 

or until EPA has notified the District that EPA will not object to such permit 

action, whichever occurs first.

I. REQUIREMENTS - Permit Term and Permit Reissuance 

1. All Part 70 permits shall be issued for a fixed term of 5 years from the date of 

issuance of the permit by the District. 

2. An application for reissuance of a Part 70 permit, with the exception of a general 

Part 70 permit, shall be submitted no more than 18 months prior to the expiration 

date and no less than six (6) months prior to the expiration date on the Part 70 

permit. The application will be subject to the same procedural requirements, 

including those for public participation and EPA review, that apply to initial Part 

70 permit issuance. 

All facilities eligible to be covered by a general Part 70 permit must submit an 

application to be covered by the general Part 70 permit within six (6) months after 

the general Part 70 permit is reissued.

3. With the exception of a general Part 70 permit, the Part 70 permit expiration date 

in the permit terminates the stationary source's right to operate unless a timely and 

complete application for permit reissuance has been submitted consistent with 

Subsection I.2 above. 
San Luis Obispo County APCD 216-20 3/23/2011

A stationary source subject to a general Part 70 permit shall lose its right to 

operate six (6) months after the permit expiration date unless a timely and 

complete application for permit reissuance has been submitted consistent with 

Subsection I.2 above.

4. If a timely and complete application has been submitted, then the Part 70 permit 

shall not expire, and all conditions of the permit shall remain in effect, until the 

permit has been reissued or denied. 

J. REQUIREMENTS - Notification 

1. Public Notification

a. The APCO shall publish a notice, as specified in Subsection J.1.b, of any 

preliminary decision to grant a Part 70 permit, if such granting would 

constitute a significant Part 70 permit action. The APCO's decision on an 

application from a source to be covered by a general Part 70 permit is not 

subject to this subsection.

b. Any notice of a preliminary decision required to be published pursuant to 

Subsection J.1.a shall:

1) Be published in at least one (1) newspaper of general circulation in 

San Luis Obispo County, by no later than ten (10 calendar days 

after such preliminary decision. 

2) Be provided to all persons on the Part 70 permit action notification 

list. This list shall include any persons that request to be on such 

list. 

3) Be provided by other means as necessary to assure adequate notice 

to the affected public.

4) Include the following:

i. Information that identifies the source, and the name and 

address of the source.

ii. A brief description of the activity or activities involved in 

the Part 70 permit action.

iii. A brief description of any change in emissions involved in 

any significant Part 70 permit modification.

5) Include the location where the public may inspect the information 

required to be made available pursuant to Subsection J.1.c. 
San Luis Obispo County APCD 216-21 3/23/2011

6) Provide at least 30 calendar days from the date of publication for 

the public to submit written comments regarding such preliminary 

decision. 

7) Provide a brief description of comment procedures including 

procedures by which the public may request a public hearing, if a 

hearing has not been scheduled. The APCO shall provide notice of 

any public hearing scheduled pursuant to this subsection at least 30 

calendar days prior to such hearing. 

c. The APCO shall, by no later than the date of publication, make available 

for public inspection at the District office the information submitted by the 

applicant and the APCO's supporting analysis for any preliminary decision 

subject to the notification requirements of Subsection J.1.a. Information 

that contains trade secrets shall be handled in accordance with Section 

6254.7 of the Government Code.

d. The APCO shall maintain records of those who comment and issues raised 

during the public participation process. 

e. The APCO shall only consider comments regarding a preliminary decision 

to grant a Part 70 permit if the comments are germane to the applicable 

requirements implicated by the permit action in question. Comments will 

only be germane if they address whether the permit action in question is 

consistent with applicable requirements, requirements of this Rule, or 

requirements of 40 CFR Part 70. In addition, comments that address a 

portion of a Part 70 permit that would not be affected by the permit action 

in question would not be germane.

2. EPA Notification

a. Administrative Part 70 Permit Amendments. The APCO shall submit a 

copy of the revised Part 70 permit to the EPA. 

b. Minor Part 70 Permit Modifications

1) The APCO shall, by no later than five (5) working days after 

receipt of a complete application for a minor Part 70 permit 

modification, provide to the EPA and affected states a copy of such 

application. If the proposed Part 70 permit is revised after the 

proposed Part 70 permit has been provided to EPA, the District 

shall provide EPA a copy of such revised proposed Part 70 permit 

and all necessary supporting information pertaining to such 

revision to the proposed Part 70 permit. 

2) The APCO shall provide, to the EPA and any affected state, 

written notification of any refusal by the District to accept all 

recommendations that an affected state submitted for the Part 70 
San Luis Obispo County APCD 216-22 3/23/2011

permit. The notice shall include the District's reasons for not 

accepting such recommendations. 

3) The APCO shall provide written notification of the final decision 

to grant or deny a minor Part 70 permit modification to EPA. 

c. Significant Part 70 Permit Actions

1) The APCO shall, by no later than the date of publication specified 

pursuant to Subsection J.1.b.1, provide to the EPA, affected states, 

and any person that requests such information a copy of any 

notification made pursuant to Subsection J.1.a, and the supporting 

data and analysis relating to any such preliminary decision. If the 

proposed Part 70 permit is revised after the proposed Part 70 

permit has been provided to EPA, the District shall provide EPA a 

copy of such revised proposed Part 70 permit and all necessary 

supporting information pertaining to such revision to the proposed 

Part 70 permit. 

2) The APCO shall provide, to the EPA and any affected state, 

written notification of any refusal by the District to accept all 

recommendations that an affected state submitted for the Part 70 

permit. The notice shall include the District's reasons for not 

accepting such recommendations. 

3) The APCO shall provide written notification of the final decision 

to grant or deny a Part 70 permit to EPA, and any person and/or 

agency that submitted comments during the comment period.

d. Public Petitions to EPA. If the EPA does not object in writing to the 

issuance of a Part 70 permit pursuant to Subsection H.5, any person may 

petition the EPA within 60 calendar days after the expiration of EPA's 45 

day comment period.

Such petition shall be based only on issues relating to the Part 70 permit 

that were raised during the public comment period specified pursuant to 

Subsection J.1.b.5, unless:

1) The petitioner demonstrates that it was impracticable to raise such 

issues during such public comment period, or

2) Grounds for such petition arose after the end of such public 

comment period.

If the EPA objects to the Part 70 permit as a result of a petition filed 

pursuant to this section, the District shall not issue the permit until EPA's 

objection has been resolved. Notwithstanding the previous sentence, a 

petition does not stay the effectiveness of a Part 70 permit if the permit 
San Luis Obispo County APCD 216-23 3/23/2011

was issued after the end of the 45 day EPA comment period and prior to 

an EPA objection.

K. REQUIREMENTS - Reopening of Permits

1. Reopening of Part 70 Permits for Cause. Each issued Part 70 permit shall include 

provisions specifying the conditions under which the permit will be reopened 

prior to the expiration of the permit. A Part 70 permit shall be reopened and 

revised under any of the following circumstances:

a. A source, which has a remaining Part 70 permit term of three years or 

more and that is required to obtain a Part 70 permit pursuant to 

Subsections B.1 or B.2 of this Rule, becomes subject to additional 

federally-enforceable requirements. No such reopening is required if the 

effective date of the requirement is later than the date on which the Part 70 

permit is due to expire, unless the original permit or any of its terms and 

conditions has been extended pursuant to Subsection I.4. 

b. Additional requirements become applicable to an acid rain source under 

the acid rain program. Upon approval by the EPA, excess emission offset 

plans shall be deemed to be incorporated into the Part 70 permit. 

c. The District or the EPA determine that the Part 70 permit contains a 

material mistake or that inaccurate statements were made in establishing 

the emissions standards or other terms or conditions of the permit. 

d. The District determines that the Part 70 permit must be revised or revoked 

to assure compliance with any applicable requirement, or EPA determines 

that the permit must be revised or revoked to assure compliance with any 

federally-enforceable requirement. 

Administrative requirements to reopen and issue a Part 70 permit shall 

follow the same procedures as apply to initial Part 70 permit issuance and 

shall affect only those parts of the permit for which cause to reopen exists. 

Reopenings made under Subsection K.1.a shall be completed no later than 

18 months after promulgation of the applicable requirement. 

Reopenings under Subsection K.1.a shall not be initiated before a notice of 

such intent is provided to the permittee by the APCO at least 30 calendar

days in advance of the date that the Part 70 permit is to be reopened, 

except that the APCO may provide a shorter time period in the case of an 

emergency. 

Reopenings under Subsections K.1.b through d shall be made as 

expeditiously as practicable.
San Luis Obispo County APCD 216-24 3/23/2011

2. Reopenings for Cause by EPA. If the EPA finds that cause exists to terminate, 

modify, or revoke and reissue a Part 70 permit pursuant to Subsection K.1, the 

EPA shall notify the District and the permittee of such finding in writing. 

The District shall, within 90 calendar days after receipt of such notification, 

forward to EPA a proposed determination of termination, modification, or 

revocation and reissuance, as appropriate. The EPA may extend this 90-day 

period for an additional 90 calendar days if it finds that a new or revised Part 70 

permit application is necessary or that the District must require the permittee to 

submit additional information. 

The District shall, within 90 calendar days after receipt of an EPA objection, 

resolve any such EPA objection and terminate, modify, or revoke and reissue the 

Part 70 permit in accordance with such EPA objection. 

L. REQUIREMENTS - Compliance Provisions

1. Permit Required and Application Shield. No stationary source required to obtain 

a Part 70 permit shall operate after the date it is required to submit a timely and 

complete permit application except in compliance with its Part 70 permit or under 

one of the following conditions:

a. When a timely and complete Part 70 permit application has been 

submitted, the stationary source may continue to operate until the Part 70 

permit is either issued or denied. This provision does not allow the 

stationary source to operate in violation of any applicable requirement. 

b. When a timely and complete application for reissuance of a Part 70 permit 

has been submitted, the stationary source must continue to comply with its 

existing Part 70 permit until the Part 70 permit is reissued or denied. 

c. When a complete application to modify a Part 70 permit has been 

submitted, the stationary source must be operated in compliance with all 

applicable conditions on its Part 70 permit, except as allowed under 

Subsections H.2 and all applicable conditions on an Authority to Construct 

for the modification issued pursuant to Rules 202, Permits, and 218, 

Federal Requirements for Hazardous Air Pollutants, until the Part 70 

permit is revised or the modification is denied.

d. The protection granted by Subsections L.1.a through c above shall cease 

if, subsequent to the District's determination that an application is 

complete, the applicant fails to submit by the deadline specified in writing 

by the District any additional information identified as being needed to 

process the application. 

e. The protection granted by Subsections L.1.a through c above for a

significant Part 70 permit modification shall not be applicable where a 

federally- enforceable condition of an existing Part 70 permit would 
San Luis Obispo County APCD 216-25 3/23/2011

prohibit the modification of a source corresponding to the significant Part 

70 permit modification. In this case, the source shall obtain such 

modification to the source's Part 70 permit prior to commencing operation 

of the modified portion of the source. 

f. After the 30 day notice period required by Subsection G.4, a permittee 

may operate in violation of the Part 70 permit condition that was the 

subject of the notification if no written objection has been received from 

the District. 

g. Notwithstanding the provisions of Subsection K.1.a above, a source 

subject to the general Part 70 permit requirements of this Rule shall be 

subject to enforcement action for operation without such a Part 70 permit 

if the source is at any time determined not to qualify for the conditions and 

terms of the general Part 70 permit. 

2. Compliance Plans. A compliance plan must be submitted with any Part 70 permit 

application. The compliance plan shall contain all of the following information:

a. A description of the compliance status of the source with respect to all 

federally-enforceable requirements. 

b. For federally-enforceable requirements with which the source complies, 

the plan must state that the source will continue to comply. 

c. For federally-enforceable requirements that will become effective during 

the Part 70 permit term, the plan must state that the source will comply 

with such requirements in a timely manner. 

1) A detailed schedule shall be included for compliance with any 

federally-enforceable requirement that includes a series of actions. 

d. For federally-enforceable requirements with which the source does not 

comply, the plan must include a schedule of compliance approved by the 

District Hearing Board. A permittee shall submit certified progress 

reports on any schedule of compliance at least every six (6) months or 

more frequently if ordered to do so by the Hearing Board. 

1) A narrative description of how compliance will be achieved shall 

be included. 

2) A compliance schedule that includes remedial measures and 

milestones shall be included. This compliance schedule shall 

resemble and be at least as stringent as that contained in any

judicial consent decree or administrative order.

e. The requirements of Subsections L.2.a through d above shall apply and be 

included in the acid rain portion of a compliance plan for an acid rain 

source, except as specifically superseded by regulations promulgated 
San Luis Obispo County APCD 216-26 3/23/2011

under Title IV of the CAA with regard to schedule and methods the source 

will use to achieve compliance.

3. Compliance Certification. All permittees and applicants must submit certification 

of compliance with all applicable requirements and all Part 70 permit conditions. 

A compliance certification shall be submitted with any Part 70 permit application 

and annually, on the anniversary date of the Part 70 permit, or on a more frequent 

schedule if required by an applicable requirement or permit condition.

Compliance certification shall identify each applicable requirement or condition 

of the Part 70 permit, the compliance status of the stationary source, whether the 

compliance was continuous or intermittent since the last certification, and the 

method(s) used to determine compliance. In addition, the certification shall 

indicate the stationary source's compliance status with any applicable enhanced 

monitoring and compliance certification requirement of the CAA. 

A copy of each compliance certification shall be submitted to EPA. 

4. Document Certification. Any Part 70 permit application and any document, 

including reports, schedule of compliance progress reports and compliance 

certifications, required by a Part 70 permit shall be certified by a responsible 

official. The certification shall state that, based on information and belief formed 

after reasonable inquiry, the statements and information in the document are true, 

accurate, and complete.

5. Emergency Provision. An emergency constitutes an affirmative defense to an 

enforcement action brought for noncompliance with a technology-based emission 

limitation violated as a result of the emergency if all of the following actions have 

been taken by the permittee:

a. The permittee can document with properly signed, contemporaneous 

operating logs that an emergency occurred and can identify the cause(s) of 

the emergency.

b. The permittee can document that the source was being properly operated 

at the time the emergency occurred.

c. The permittee can demonstrate that all reasonable steps were taken to 

minimize emissions in excess of Part 70 permit conditions or other Part 70 

permit requirements.

d. The permittee submitted a description of the emergency and all mitigating 

and corrective actions taken to the District within two (2) working days of 

the emergency.

In any enforcement proceeding, the permittee seeking to establish the 

occurrence of an emergency has the burden of proof. 
San Luis Obispo County APCD 216-27 3/23/2011

6. Permit Shield

a. Compliance with all of the conditions of a Part 70 permit shall be deemed

compliance with any applicable requirements as of the date of issuance of 

the Part 70 permit, provided that the Part 70 permit application specifically 

requests such protection and one of the following conditions is satisfied:

1) Such applicable requirements are included and specifically 

identified in the Part 70 permit, or

2) The District determines in writing that other applicable 

requirements specifically identified are not applicable to the 

stationary source and the Part 70 permit includes such 

determination.

b. The provisions of Subsection L.6.a above shall not alter or affect any of 

the following:

1) Minor Part 70 permit modifications.

2) Non-federal minor changes.

3) Contravening of express Part 70 permit conditions.

4) The provisions of Section 303 of the CAA.

5) The liability of an owner or operator of a stationary source for any 

violation of applicable requirements prior to or at the time of 

issuance of the Part 70 permit.

6) The applicable requirements of Title IV of the CAA and the 

regulations promulgated thereunder.

7) The ability of EPA or the District to implement the provisions of 

Section 114 of the CAA and the regulations promulgated 

thereunder.