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Proposed Date for Rule Adoption Hearing: December 13, 2000

TO: The Air Pollution Control Board

FROM: Fred Thoits, Engineering Division Manager

SUBJECT: Consideration of Proposed Revisions to District Rules 200 (Permits

Required), 201 (Sources Not Requiring Permits), 207 (Review of New or

Modified Sources), and 208 (Standards for Granting Permits to Operate).

DATE: December 13, 2000 

 

ADVISORY COMMITTEE RECOMMENDATION

The Advisory Committee’s recommendation will be presented verbally at the meeting as

this package was mailed prior to the December 7, 2000 Advisory Committee meeting.

STAFF RECOMMENDATION

Review the attached staff report, which includes the proposed text of the rules; receive a

brief staff presentation and public comment; and adopt the attached Proposed

Resolution.

DISCUSSION

The rule revisions being proposed are part of the District’s continuing efforts to improve

the readability and consistency of its Rules and Regulations. The major revisions would

reformat Rule 200 into the District’s current format, update the language in Rules 201

and 207 to incorporate existing District permitting policies and repeal Rule 208 as its

requirements have previously been incorporated into Rule 207. 

The attached Staff Report contains the full draft texts of the proposed Rules in Appendix

A.

Attachment 1: Staff Report

2: Proposed Resolution
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ATTACHMENT 1

STAFF REPORT
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MONTEREY BAY UNIFIED

AIR POLLUTION CONTROL DISTRICT

STAFF REPORT

Proposed Revisions to 

Rule 200 (Permits Required)

Rule 201 (Sources Not Requiring Permits)

Rule 207 (Review of New or Modified Sources)

Rule 208 (Standards for Granting Permits to Operate)

Board Adoption Hearing

December 7, 2000

Prepared by: Mike Sewell

Air Quality Engineer

Approved by: Fred Thoits

Manager, Engineering Division
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Background The staff proposal to revise District Rules 200 (Permits Required), 201

(Sources not Requiring Permits), 207 (Review of New or Modified Sources),

and 208 (Standards for Granting Permits to Operate) is part of the District’s

continuing efforts to improve the readability and consistency of its Rules and

Regulations.

Authority The District is authorized by the California Health and Safety (HSC) Code

Sections 40001 and 40702 to adopt and enforce rules and regulations to meet

and maintain state and federal ambient air quality standards.

Associated

Benefits

The proposed revisions would improve the clarity, consistency and readability

of Rules 200 (Permits Required), 201 (Sources not Requiring Permits), and 207

(Review of New or Modified Sources).

Major Proposed

Provisions

To facilitate the interpretation of the proposed revisions to Rules 200, 201, 207,

and 208 provided as Appendix A to this report, the text proposed to be deleted

is indicated with overstriking (overstriking) and the text proposed to be added

is indicated with redlining (redlining).

The major revision would reformat Rule 200 into the District’s current format,

update the language in Rules 201 and 207 to incorporate existing District

permitting policies and repeal Rule 208.

Rule 200 (Permits Required)

• Reformat the rule into the District’s current format, adding text as

necessary.

• Section 3.1: update this section to identify that the facility owner or

operator is responsible for obtaining an Authority to Construct.

• Section 3.2: update this section to remove reference to Rule 200.1 and

Rule 208.

• Section 3.4: update this section to remove reference to Rule 200.2.

• Section 4.1: add this section to clearly identify which permit conditions

are federally enforceable and would be required to be included on a

federal Operating (Title V) Permit.

Rule 201 (Sources Not Requiring Permits)

• Subsection 1.4.1: revise the Implementation Date to allow a grace

period of six months for any operation newly subject to permitting

requirements based upon the revisions proposed today.

• Section 4.5: add this subsection to incorporate existing District policy

on the permitting of Contaminated Soil Aeration projects.

• Subsection 4.11.3.1, .2, & .3: revise these subsections to reverse the
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order of the exemption. Identify that emergency usage is the basis of

the exemption, then allow for limited usage for training and test

purposes. 

• Subsection 4.18.3.2: revise this subsection to incorporate existing

District policy and clearly exempt from permitting requirements the

storage of liquid fertilizers.

• Subsection 4.20.1: revise this subsection to incorporate existing District

policy to permit adhesive operations, and clearly identify that the usage

of aerosol cans counts towards the permitting threshold of 5 gallons per

year.

• Subsection 4.20.2: revise this subsection to incorporate an exemption

for coatings and adhesives containing less than 20 grams VOC/liter.

Rule 207 (Review of New or Modified Sources)

• Subsection 1.3.3: add this subsection to eliminate the offsetting

requirement for Emergency Internal Combustion Engines.

• Subsections 1.3.4 - 1.3.8: renumbered due to the addition of new

Subsection 1.3.3.

• Section 2.10: revise definition to clarify the implementation

requirements of Best Available Control Technology (BACT). These

revisions formally modernize the application of BACT such that

permitting stringency is benchmarked to the existing Federal and

California Air Resources Board/California Air Pollution Control

Officers’ Association BACT Clearinghouses.

Rule 208 (Standards for Granting Permits to Operate)

• Repeal this Rule, as its requirements have previously been incorporated

into Part 6 of Rule 207.

Affected

Sources

These proposed revisions would not impose new requirements on existing

permitted sources.

Fiscal Impact

On Affected

Sources

No fiscal impact is expected on existing permitted sources from these proposed

revisions.

Socioeconomic

Effects

The proposed regulatory action described herein would not significantly affect

air quality or emissions limitations and therefore is exempt from Health and

Safety Code (HSC) Section 40728.5, which requires that a socioeconomic

analysis of the proposed action be performed.

Alternative The proposed regulatory action described herein is exempt from California

Health and Safety Code (HSC) Section 40727.2, which requires that a
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Analysis comparative alternative analysis of any new control standard be performed.

District

Implementation

As part of the District’s standard implementation procedures, we would send a

rule adoption announcement to interested parties. If requested, an

informational workshop will be held at the District office following rule

adoption to provide information and assistance to persons with additional

questions.

Fiscal Impact

upon District

District staff expects no significant fiscal impact upon the District from the

proposed revisions to these rules.

California

Environmental

Quality Act

(CEQA) Status

The proposed revisions to Rules 200, 201, and 208 are Categorically Exempt,

and therefore not subject to the requirements of Public Resources Code Section

21000 et seq.

The District prepared a Negative Declaration and an Initial Study for the

revisions to Rule 207 which was distributed for public review. The review

period was from October 13, 2000 through November 13, 2000. The District

received no comments on the Negative Declaration and Initial Study.

Comments

Received

None
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APPENDIX A

PROPOSED RULES

Rule 200 (Permits Required)

Rule 201 (Sources Not Requiring Permits)

Rule 207 (Review of New or Modified Sources)

Rule 208 (Standards for Granting Permits to Operate)
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

REGULATION II

PERMITS

01258712/13/2000 Proposed Rule 200 (Permits Required)

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RULE 200. PERMITS REQUIRED

(Adopted 1-19-70; Revised 1-29-73, 7-16-76, 7-18-79; Affirmed unmodified 2-23-83; Revised

12-21-83, 12-17-86; and Proposed for Revision 12/13/2000.)

CONTENTS

PART 1 GENERAL ....................................................... 1

1.1 Purpose .......................................................... 1

1.2 Applicability ...................................................... 2

1.3 Exemptions ....................................................... 2

1.4 Effective Dates .................................................... 2

1.5 References ....................................................... 2

PART 2 DEFINITIONS ...................................................... 2

PART 3 REQUIREMENTS ................................................... 2

3.1 Authority to Construct .............................................. 2

3.2 Permit to Operate .................................................. 3

3.3 Review of Permits .................................................. 3

3.4 Posting of Permit to Operate .......................................... 3

3.5 Alteration of Permit ................................................ 4

3.6 Control Equipment ................................................. 4

3.7 Violations Prohibited ................................................ 4

PART 4 ADMINISTRATIVE REQUIREMENTS .................................. 4

4.1 Federally Enforceable Permit Conditions ................................. 4

PART 1 GENERAL

1.1 Purpose

The purpose of this Rule is to identify when District permits are required.. 
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

REGULATION II

PERMITS

01258712/13/2000 Proposed Rule 200 (Permits Required)

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1.2 Applicability

The provisions of this Rule shall apply to any person who builds, erects, alters, or

replaces any article, machine, equipment or other contrivance which may cause the

issuance of air contaminants or the use of which may eliminate or reduce or control the

issuance of air contaminants.

1.3 Exemptions

Exemptions to this Rule are contained in Rule 201 (Sources Not Requiring Permits).

1.4 Effective Dates

This Rule, as most recently revised, is effective on December 13, 2000.

1.5 References

The requirements of this Rule arise from the provisions of the California Clean Air Act

and amendments (Health and Safety Code Sections 40910 et seq.) and Health and Safety

Code Section 42300. Referenced or related District Rules include: 101 (Definitions);

and 201 (Sources Not Requiring Permits).

PART 2 DEFINITIONS

Reserved.

PART 3 REQUIREMENTS

13.1 Authority to Construct

Before anyNo person shall builds, erects, alters, or replaces any article, machine,

equipment or other contrivance which may cause the issuance of air contaminants or the

use of which may eliminate or reduce or control the issuance of air contaminants, such
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

REGULATION II

PERMITS

01258712/13/2000 Proposed Rule 200 (Permits Required)

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person shall obtain unless the facility owner or operator has obtained a separate written

aAuthority to cConstruct for each permit unit from the Air Pollution Control Officer. 

An aAuthority to cConstruct shall remain in effect until the pPermit to oOperate the

equipment for which the application was filed is granted or denied or the application is

cancelled.

An Authority to Construct allows for temporary operation, until the issuance of a Permit

to Operate, to verify compliance. The temporary operation must be in accordance with

all District Rules and Regulations and the conditions contained on the Authority to

Construct.

23.2 Permit to Operate 

Except as allowed for in Section 3.1 above, Bbefore any article, machine, equipment or

other contrivance described in Rule 200.1 may be operated or used, a separate written

permit shall be obtained from the Air Pollution Control Officer for each permit unit. No

pPermit to oOperate or use shall be granted either by the Air Pollution Control Officer,

or the Hearing Board for any article, machine, equipment or contrivance described in

Rule 200.1. until the information required is presented to the Air Pollution Control

Officer and such article, machine, equipment or contrivance is altered, if necessary, and

made to conform to the standards set forth in Rule 208 and elsewhere in these rRules

and rRegulations.

33.3 Review of Permits

The Air Pollution Control Officer may at any time require from an applicant for, or

holder of, any Authority to Construct or Permit to Operate, such information, analyses,

plans or specifications as will disclose the nature, extent, quantity or degree of air

contaminants which are or may be discharged into the atmosphere.

43.4 Posting of Permit to Operate

A person who has been granted under Rule 200.2. a permit to operate any article,

machine, equipment, or other contrivance described in Rule 200.2., shall firmly affix such

Permit to Operate, an approved facsimile, or other approved identification bearing the

permit number upon the article, machine, equipment or other contrivance in such manner

as to be clearly visible and accessible. In the event that the article, machine, equipment,

or other contrivance is so constructed or operated that the Permit to Operate cannot be

so placed, the Permit to Operate shall be mounted so as to be clearly visible in an
MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

REGULATION II

PERMITS

01258712/13/2000 Proposed Rule 200 (Permits Required)

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accessible place within 25 feet of the article, machine, equipment, or other contrivance,

or maintained readily available at all times on the operating premises. 

53.5 Alteration of Permit

A person shall not willfully deface, alter, forge, counterfeit, or falsify any permit issued

under these rules and regulations. 

63.6 Control Equipment

Nothing in this rule shall be construed to authorize the Air Pollution Control Officer to

require the use of machinery, devices, equipment of a particular type or design if the

required emission standard may be consistently met by machinery, devices, equipment,

product, or process change otherwise available. 

73.7 Violations Prohibited

No person shall violate, or fail to comply with, any term or condition of any Authority to

Construct or Permit to Operate issued by the District. Any such noncompliance shall be

a violation of these Rules and Regulations.

PART 4 ADMINISTRATIVE REQUIREMENTS

4.1 Federally Enforceable Permit Conditions

Only those conditions included on an Authority to Construct or a Permit to Operate that

are derived from federal requirements imposed by the federal Clean Air Act or USEPA

regulations shall be federally enforceable.

* * * * *
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ATTACHMENT 2

PROPOSED RESOLUTION