Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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### REGULATION 2 PERMITS RULE 1 GENERAL REQUIREMENTS

INDEX

2 - 1 - 100 GENERAL 2
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- 101 Description 2
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- 102 Applicability to Other Rules in Regulation 2 2
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- 103 Exemption, Source not Subject to any District Rule 2
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- 104 Deleted October 7, 1998 2
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- 105 Exemption, Re gistered Statewide Portable Equipment 2
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- 106 Limited Exemption, Accelerated Permitting Program 2
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- 109 Deleted June 7, 1995 2
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- 110 Deleted June 7, 1995 2
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- 111 Deleted June 7, 1995 2
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- 112 Deleted June 7, 1995 2
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- 113 Exemption, Sources and Operations 2
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- 114 Exemption, Combustion Equipment 2
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- 115 Exemption, Particulate Sources at Quarries, Mineral Processing and Biomass

Facilities 2
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- 116 Exemption, Furnaces, Ovens and Kilns 2
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- 117 Exemption, Food and Agricultural Equipment 2
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- 118 Exemption, Surface P reparation and Cleaning Equipment 2
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- 119 Exemption, Surface Coating and Printing Equipment 2
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- 120 Exemption, Dry Cleaning Equipment 2
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- 121 Exemption, Material Working and Handling Equipment 2
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- 122 Exemption, Casting and Molding Equipment 2
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- 123 Exempt ion, Liquid Storage and Loading Equipment 2
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- 124 Exemption, Semiconductor Manufacturing 2
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- 125 Exemption, Printed Circuit Board Manufacturing Equipment 2
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- 126 Exemption, Testing Equipment 2
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- 127 Exemption, Chemical Processing Equipment 2
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- 128 Exemptio n, Miscellaneous Equipment 2
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- 129 Major Facility Review 2
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- 130 Effect of Explanatory Notes 2 - 1 - 200 DEFINITIONS 2
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- 201 Deleted 2
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- 202 Complete Application 2
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- 203 Fugitive Emissions 2
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- 204 Deleted 2
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- 205 Deleted 2
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- 206 Deleted 2
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- 207 Organic Compo und, Non
- Precursor (NPOC)Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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- 2 2
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- 208 Organic Compound, Precursor 2
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- 209 Deleted 2
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- 210 Start
- Up Period 2
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- 211 CEQA 2
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- 212 EIR 2
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- 213 Facility 2
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- 214 Federally Enforceable 2
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- 215 Hazardous Air Pollutant (HAP) 2
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- 216 Deleted 2
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- 217 Potential to Emit 2
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- 218 Regulated Air Pollutant 2
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- 219 Deleted 2
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- 220 Deleted 2
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- 221 Source 2
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- 222 Toxic Air Contaminant (TAC) 2
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- 223 Year 2
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- 224 Responsible Laboratory Management Practices 2
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- 225 Deleted 2
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- 226 Statewide Portable Equipment Registration Program 2
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- 227 Substantial Use 2
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- 228 Particulate Matter 2
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- 229 PM 10 2
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- 230 Functionally Equivalent 2
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- 231 Semiconductor Fabrication Area 2
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- 232 New Source 2
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- 233 Alter 2
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- 234 Modif y 2
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- 235 Deleted 2
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- 236 Deleted 2
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- 237 BACT/TBACT Workbook 2
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- 238 Clean Ai r Act 2
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- 239 Agricultural Source 2
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- 240 Graphic Arts Operation 2
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- 24 1 PM 2.5 2
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- 24 2 Support Facility 2 - 1 - 300 STANDARDS 2
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- 301 Authority to Construct 2
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- 302 Permit to Operate 2
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- 303 Fees 2
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- 304 Denial, Failure to Meet Emission Limitations 2
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- 305 Con formance with Authority to Construct 2
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- 306 Mandated Reductions Not Applicable 2
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- 307 Failure to Meet Permit Conditions 2
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- 308 Fugitive Emissions 2
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- 309 Canceled Application 2
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- 310 Applicability of CEQA 2
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- 311 Ministerial Projects 2
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- 312 Other Categ ories of Exempt ProjectsBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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- 3 2
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- 313 Projects Not Exempt From CEQA Review 2
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- 314 Case
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- Case CEQA Determinations 2
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- 315 Denial, Failure to Mitigate Significant Adverse Environmental Impacts 2
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- 316 New or Modified Sources of Toxic Air Contaminants or Hazard ous Air Pollutants 2
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- 317 Public Nuisance Sources 2
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- 318 Hazardous Substances 2
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- 319 Source Expressly Subject to Permitting Requirements 2
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- 320 Compliance With Material Representations Made In Connection With Permit

Applications 2
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- 321 Compliance With Provisions of State Implementation Plan and Other Requirements

of Local, California and Federal Law 2 - 1 - 400 ADMINISTRATIVE REQUIREMENTS 2
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- 401 Persons Affected 2
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- 402 Applications 2
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- 403 Permit Conditions 2
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- 404 Changes in Throughput and Hours of Ope ration 2
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- 405 Posting of Permit to Operate 2
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- 406 Transfer 2
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- 407 Authority to Construct Expiration 2
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- 408 Action on Applications 2
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- 409 Regulations in Force Govern 2
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- 410 Appeal 2
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- 411 Permit to Operate, Final Action 2
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- 412 Public Notice, Schools 2
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- 413 Permits for Operation at Multiple Locations Within the District 2
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- 414 Loss of Exemption, Public Nuisance 2
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- 415 Source Pre
- Certification Procedure 2
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- 416 Temporary Amnesty for Unpermitted Sources 2
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- 420 Suspension 2
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- 421 Appeal from Suspensio n 2
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- 422 Revocation 2
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- 423 Hearings 2
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- 424 Loss of Exemption 2
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- 425 Sources of Toxic Air Contaminants 2
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- 426 CEQA
- Related Information Requirements 2
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- 427 Procedure for Ministerial Evaluations 2
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- 428 Criteria for Approval of Ministerial Permit Applic ations 2
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- 429 Federal Emissions Statement 2
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- 430 Maintenance of the Permit Handbook and BACT/TBACT Workbook 2
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- 431 Date of Completion 2
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- 432 Determination of Complete Application 2 - 1 - 500 MONITORING AND RECORDS 2
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- 501 Monitors 2
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- 502 Burden of Proof 2 - 1 - 600 MANUAL OF PROCEDURESBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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- 4 2
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- 601 Engineering Permitting Procedures 2
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- 602 CEQA Guidelines 2
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- 603 Particulate Matter Measurements 2
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- 604 Determining Compliance with Historical PM 10 and PM 2.5 Emission Limits 2
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- 605 Finality of Historical PM 10 and PM 2. 5 Regulatory DeterminationsBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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### REGULATION 2 PERMITS RULE 1 GENERAL REQUIREMENTS (Adopted January 1, 1980)

2 - 1 - 100 GENERAL 2 - 1 - 101 Description: The purpose of Regulation 2 is to provide an orderly procedure for the

review of new sources of air pollution, and of the modification and operation of existing sources, and of associated air pollution control devices, through the issuance of authorities to construct and permits to operate. The applicability of Regulation 2, Rule 1 is illustrated by Figure 2
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- 101, Pe rmit/Exemption Flow Chart. An applicant may choose to obtain a permit to operate for a source that is exempt from permit requirements. In that case, the affected source is deemed to be subject to the requirements of Section 2
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- 302 until such time as an ap plication for return to exempt status is approved. (Amended 7/17/91; 6/7/95; 5/17/00; 12/21/04) 2 - 1 - 102 Applicab ility to Other Rules in Regulation 2 : The provisions of this Rule , including

the definitions, shall apply to the other Rules of this Regulation, where applicable, unless superseded by specific provisions in those other Rules

. (Amended November 3, 1993) 2 - 1 - 103 Exemption, Source not Subject to any District Rule: Any source that is not already

exempt from the requirements of Section 2
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- 301 and 302 as set forth in Sections 2
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- 128, is exempt from Section 2
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- 301 and 302 if the source meets all of the following criteria: 103.1 The source is not in a source category subject to any of the provisions of Regulation 6 (1) , Regulation 8 (2) excludi ng Rules 1 through 4, or Regulations 9 through 12; and 103.2 The source is not subject to any of the provisions of Sections 2
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- 316 through 319; and 103.3 Actual emissions of precursor organic compounds (POC), non
- precursor organic compounds (NPOC), nitrog en oxides (NOx), sulfur dioxide (SO 2 ), PM 2.5 , PM 10 and carbon monoxide (CO) from the source are each (i) less than 10 pounds per highest day ; or (ii) if greater than 10 pounds per highest day, total emissions are less than 150 pounds per year, per pollutan t ; and 103.4 The source is not an ozone generator (a piece of equipment designed to generate ozone) emitting 1 lb/day or more of ozone. Note 1 : Typically, any source may be subject to Regulation 6, Particulate Matter and Visible Emissions. For the purpose s of this section, Regulation 6 applicability shall be limited to the following types of sources that emit PM 2.5 and PM 10 : combustion source; material handling/processing; sand, gravel or rock processing; cement, concrete and asphaltic concrete production; tub grinder; or similar PM 2.5 and PM 10 - emitting sources, as deemed by the APCO. Note 2 : If an exemption in a Regulation 8 Rule indicates that the source is subject to Regulation 8, Rules 1 through 4, then the source must comply with all applicable provis ions of Regulation 8, Rules 1 through 4, to qualify for this exemption. (Adopted 6/7/95; Amended 5/17/00; 12/21/04)Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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- 6 2 - 1 - 104 Deleted October 7, 1998 2 - 1 - 105 Exemption, Registered Statewide Portable Equipment: E quipment that complies

with all applicable req uirements of and is registered under the Statewide Portable Equipment Registration Program (California Code of Regulations Title 13, Division 3, Chapter 3, Article 5) is exempt from the requirements of Sections 2
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. If the equipment ceases to qualify for this exemption for any reason (for example, if it remains at any fixed location for more than twelve months or otherwise ceases to be portable as defined by the Program ), the equipment shall be subject to the requirements of Regulation 2 as if it were a new source. (Adopted 6/7/95; Amended 10/7/98; 5/17/00) 2 - 1 - 106 Limited Exemption, Accelerated Permitting Program: Unless subject to any of the

provisions of Sections 2
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- 316 through 319, any new source or modifi cation or alteration of an existing source is exempt from the Authority to Construct requirements of Section 2
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- 301 if it has received a temporary P ermit to O perate under the Accelerated Permitting Program set forth in Section 2
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- 302.2

. (Adopted 6/7/95; Amended 10/7/98; 5/17/00; 6/15/05 ; 12 / 19 /12 ) 2 - 1 - 109 Deleted June 7, 1995 2 - 1 - 110 Deleted June 7, 1995 2 - 1 - 111 Deleted June 7, 1995 2 - 1 - 112 Deleted June 7, 1995 2 - 1 - 113 Exemption, Sources and Operations:

113.1 The following sources and operations are exempt from the requirements of Section s 2
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- 301 and 302, in accordance with the California Health and Safety Code: 1.1 Single and multiple family dwellings used solely for residential purposes. 1.2 Agricultural sources with actual emissions of each regulated air pollutant, excluding fugitive d ust, less than 50 tons per year, except for large confined animal facilities subject to Regulation 2, Rule 10. Agricultural sources engaged in composing and other similar biomass processing that primarily process green materials or animal waste products d erived from agricultural operations shall not become ineligible for this exemption for processing material from non
agricultural operations as long as the facility processes less than 500 tons per year of such material from non
- agricultural operations. 1.3 Any vehicle. Equipment temporarily or permanently attached to a vehicle is not considered to be a part of that vehicle unless the combination is a vehicle as defined in the Vehicle Code. Specialty vehicles may include temporarily or permanently attached e quipment including, but are not limited to, the following: oil well production service unit; special construction equipment; and special mobile equipment. 1.4 Tank vehicles with vapor recovery systems subject to state certification, in accordance with the Health and Safety Code. 113.2 The following sources and operations are exempt from the requirements of Sections 2
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- 301 and 302: 2.1 Road construction, widening and rerouting. 2.2 Restaurants, cafeterias and other retail establishments for the purpose of p reparing food for human consumption. 2.3 Structural changes which do not change the quality, nature or quantity of air contaminant emissions.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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- 7 2.4 Any abatement device which is used solely to abate equipment that does not require an Authority to Construct o r Permit to Operate. 2.5 Architectural and industrial maintenance coating operations that are exclusively subject to Regulation 8, Rules 3 or 48, because coatings are applied to stationary structures, their appurtenances, to mobile homes, to pavements, or to curbs. This does not apply to coatings applied by the manufacturer prior to installation, nor to the coating of components removed from such structures and equipment. 2.6 Portable abatement equipment exclusively used to comply with the tank degassing or vacuum truck control requirements of Regulation 8, Rule s 5 , 40 or 53

. 2.7 Equipment that transports, holds or stores California Public Utilities Commission regulated natural gas, excluding drivers. 2.8 Deleted May 17, 2000 2.9 Deleted May 17, 2000 2.10 De leted May 17, 2000 2.11 Teaching laboratories used exclusively for classroom experimentation and/or demonstration. 2.12 Laboratories located in a building where the total laboratory floor space within the building is less than 25,000 square feet, or the to tal number of fume hoods within the building is less than 50, provided that Responsible Laboratory Management Practices, as defined in Section 2
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- 224, are used. Buildings connected by passageways and/or corridors shall be considered as separate buildings, provided that structural integrity could be maintained in the absence of the passageways and/or corridors and the buildings have their own separate and independently operating HVAC and fire suppression systems. For the purposes of this subsection, teachin g laboratories that are exempt per Section 2
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- 113.2.11 are not included in the floor space or fume hood totals. In addition, laboratory units for which the owner or operator of the source can demonstrate that toxic air contaminant emissions would not occu r, except under accidental or upset conditions, are not included in the floor space or fume hood totals. 2.13 Maintenance operations on natural gas pipelines and associated equipment, provided that emissions from such operations consist solely of residual natural gas that is vented after the equipment is isolated or shut down. 2.14 [Deleted 12/19/ 2012] 2.15 Asbestos and asbestos containing material renovation or removal conducted in compliance with Regulation 11, Rule 2 and Regulation 3. 2.16 Closed landfil ls that have less than 1,000,000 tons of decomposable solid waste in place and that do not have an operating landfill gas collection system. 2.17 Closed landfills that have not accepted waste for at least 30 years and that never had a landfill gas collecti on system. 2.18 Construction of a building or structure that is not itself a source requiring a permit. 2.19 Vacuum trucks subject to Regulation 8, Rule 53 and processing regulated material as defined in that rule. (Adopted 10/19/83; Amended 7/17/91; 6/7/9 5; 5/17/00; 11/15/00; 5/2/01; 7/19/06 ; 4/18/12 )Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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- 8 2 - 1 - 114 Exemption, Combustion Equipment: The following equipment is exempt from the

requirements of Sections 2
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- 301 and 302, only if the source does not emit pollutants other than combustion products, and th ose combustion products are not caused by the combustion of a pollutant generated from another source, and the source does not require permitting pursuant to Section 2
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- 319. 114.1 Boilers, Heaters, Steam Generators, Duct Burners, and Similar Combustion Eq uipment: 1.1 Any of the above equipment with less than 1 million BTU per hour rated heat input. 1.2 Any of the above equipment with less than 10 million BTU per hour rated heat input if fired exclusively with natural gas (including compressed natural gas), liquefied petroleum gas (e.g. propane, butane, isobutane, propylene, butylenes, and their mixtures), or any combination thereof. 114.2 Internal Combustion Engines and Gas Turbines: 2.1 Internal combustion (IC) engines and gas turbines with a maximum outpu t rating less than or equal to 50 hp. 2.2 Internal combustion (IC) engines and gas turbines used solely for instructional purposes at research, teaching, or educational facilities. 2.3 Portable internal combustion engines which are at a location for less than 72 consecutive hours. 2.4 Any engine mounted on, within, or incorporated into any vehicle, train, ship, boat, or barge used to provide propulsion for the vehicle, train, ship, boat, or barge. 2.5 Any engine mounted on, within, or incorporated into a ny vehicle, train, ship, boat, or barge used to provide propulsion for the vehicle, train, ship, boat, or barge and which is also used to supply mechanical or electrical power to ancillary equipment (e.g., crane, drill, winch, etc.) which is affixed to or is a part of the vehicle, train, ship, boat, or barge. (Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00; 8/1/01) 2 - 1 - 115 Exemption, Particulate Sources at Quarries, Mineral Processing and Biomass

Facilities: The following potential PM 2.5 and PM 10 sourc es are exempt from the requirements of sections 2
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- 301 and 302, provided that the source does not require permitting pursuant to Section 2
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- 319. 115.1 Sources located at quarrying; mineral or ore handling or processing; concrete production; asphaltic con crete production; marine bulk transfer stations; concrete or asphaltic concrete recycling; vehicle shredding; glass manufacturing; handling or processing of cement, coke, lime, flyash, fertilizer, or catalyst; or other similar facility which meets one of t he following: 1.1 Mixer and other ancillary sources at concrete or aggregate product production facilities with a maximum rated production capacity less than 15 cubic yards (yd 3 ) per hour; 1.2 Other source at a facility with a maximum throughput less than 5000 tons per year; 1.3 Operating, loading and unloading a crusher or grinder which processes exclusively material with a moisture content greater than or equal to 20 percent by weight; 1.4 Operating, loading and unloading the following sources which proce ss exclusively material with a moisture content greater than or equal to 5 percent by weight:Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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- 9 1.4.1 Screen or other size classification; 1.4.2 Conveyor, screw, auger, stacker or bucket elevator; 1.4.3 Grizzly, or other material loading or unloading; 1.4.4 Storage silos; 1.4.5 Storage or weigh hopper/bin system. 1.5 Haul or access roads; 1.6 Drilling or blasting. 115.2 Sources located at biomass recycling, composting, landfill, POTW, or related facilities, including , but not limited to, the following: 2.1 Tu b grinder powered by a motor with a maximum output rating less than 10 horsepower; 2.2 Hogger, shredder or similar source powered by a motor with a maximum output rating less than 25 horsepower; 2.3 Other biomass processing/handling sources at a facilit y w ith a total throughput less than 500 tons per year. (Amended 6/7/95; 5/17/00) 2 - 1 - 116 Exemption, Furnaces, Ovens and Kilns: The following equipment is exempt from

the requirements of Sections 2
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- 301 and 302, provided that the source does not require perm itting pursuant to Section 2
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- 319. 116.1 Porcelain enameling furnaces, porcelain enameling drying ovens, vitreous enameling furnaces or vitreous enameling drying ovens. 116.2 Crucible furnaces, pot furnaces, induction furnaces, cupolas, electric arc furna ces, reverbatories, or blast furnaces with a capacity of 1000 lbs or less each. 116.3 Crucible furnaces, pot furnaces, or induction furnaces for sweating or distilling that process 100 tons per year of all metals or less. 116.4 Drying or heat
- treating oven s with less than 10 million BTU per hour capacity provided that a) the oven does not emit pollutants other than combustion products and b) the oven is fired exclusively with natural gas (including compressed natural gas), liquefied petroleum gas (e.g. prop ane, butane, isobutane, propylene, butylenes, and their mixtures), or any combination thereof. 116.5 Ovens used exclusively for the curing of plastics which are concurrently being vacuum held to a mold, or for the softening and annealing of plastics. 116.6 Ovens used exclusively for the curing of vinyl plastisols by the closed mold curing process. 116.7 Ovens used exclusively for curing potting materials or castings made with epoxy resins. 116.8 Kilns used for firing ceramic ware, heated exclusively by natu ral gas, liquefied petroleum gas, electricity or any combination thereof. 116.9 Parts cleaning, bake
- off, and similar ovens that meet both of the following: 9.1 Oven is equipped with a secondary combustion chamber or abated by a fume incinerator; and 9.2 I nternal oven volume is 1 cubic yard or less. 116.10 Electric ovens used exclusively for curing or heat
- treating where no significant off
- gassing or evaporation of any air contaminants occurs. (Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00) 2 - 1 - 117 Exe mption, Food and Agricultural Equipment: The following equipment is exempt

from the requirements of Sections 2
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- 301 and 302, provided that the source does not require permitting pursuant to Section 2
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- 319.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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- 10 117.1 Smokehouses or barbecue units in which the maximum horizontal inside cross sectional area does not exceed 20 square feet. 117.2 Equipment at facilities other than restaurants, cafeterias or other retail operations, which is used to dry, cook, fry, bake, or grill less than 1000 tons per year of foo d products. 117.3 Any oven with a total production of yeast leavened bakery products of less than 10,000 pounds per operating day, averaged over any period of seven consecutive days, and which is heated either electrically or exclusively by natural gas fir ing with a maximum capacity of less than 10 million BTU per hour. 117.4 Equipment used exclusively to grind, blend, package, or store tea, cocoa, spices, or coffee. 117.5 Equipment used to dry, mill, grind, blend, or package less than 1000 tons per year of dry food products such as seeds, grains, corn, meal, flour, sugar, and starch. 117.6 Equipment used to convey, transfer, clean, or separate less than 1000 tons per year of dry food products or waste from food production operations. 117.7 Storage equipment or facilities containing dry food products; which are not vented to the outside atmosphere, or which handle less than 1000 tons per year. 117. 8 Coffee, cocoa and nut roasters with a roasting capacity of less than 15 pounds of beans or nuts per hour; and any stoners or coolers operated in conjunction with these roasters. 117.9 Containers, reservoirs, tanks, or loading equipment used exclusively for the storage or loading of beer, wine or other alcoholic beverages. 117.10 Fermentation tanks for beer or wine . Fermentation tanks used for the commercial production of yeast for sale are not exempt. 117.11 Brewing operations at facilities producing less than 3 million gallons per year of beer. 117.12 Fruit sulfuring operations at facilities producing less than 1 0 tons per year of sulfured fruits and vegetables. (Adopted 10/19/83; Amended 4/16/86; 7/1791; 6/7/95; 5/17/00) 2 - 1 - 118 Exemption, Surface Preparation and Cleaning Equipment: The following

equipment is exempt from the requirements of Sections 2
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- 301 and 3 02, provided that the source does not require permitting pursuant to Section 2
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- 319. 118.1 Permanent abrasive blasting source, as defined by Regulation 12, Rule 4, that has a confined volume less than 100 cubic feet (ft 3 ) and is abated by a particulate fi lter. 118.2 Blast cleaning equipment using a suspension of abrasive in water. 118.3 Portable abrasive blasting equipment used on a temporary basis within the District. 118.4 Equipment, including solvent cold cleaners using an unheated solvent mixture for s urface preparation, cleaning, wipe cleaning, fluxing or stripping by use of solutions with a VOC content less than or equal to 50 grams per liter (0.42 lb/gal). 118.5 Equipment using a heated solvent mixture for steam cleaning, surface preparation, fluxing , stripping, wipe cleaning, washing or drying products, provided that a) only solutions containing less than 2.5 percent VOC (wt) are used; and b) any combustion sources used in the process are exempt under Section 2
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- 114.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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- 11 118.6 Equipment or operations wh ich use unheated solvent and which contain less than 1 gallon of solvent or have a liquid surface area of less than 1 ft 2 . This exemption does not apply to solvent stations at semiconductor manufacturing operation fabrication areas or aerospace stripping o perations. 118.7 Deleted December 21, 2004 118.8 Batch solvent recycling equipment where all of the following apply: 8.1 Recovered solvent is used primarily on site (more than 50% by volume); and 8.2 Maximum heat input (HHV) is less than 1 million BTU per hour; and 8.3 Batch capacity is less than 150 gallons. 118.9 Wipe cleaning at a facility that meets one of the following: 9.1 net cleanup solvent usage less than 20 gallons per year from all wipe cleaning operations; or 9.2 emission to the atmosphere of l ess than 150 pounds per year of uncontrolled VOC from all wipe cleaning operations. At a facility with total wipe cleaning emissions greater than 150 lb/yr, wipe cleaning operations may be grouped per Section 2
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- 401.4. 118.10 Any solvent cleaning or surf ace preparation source which employs only non
refillable hand held aerosol cans. 118.11 Spray gun cleaning performed in compliance with Regulation 8, provided the cleaning is associated with a source, such as a spray booth, subject to the requirements of S ection 2
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- 301 and 302.

(Adopted 10/19/83; Amended 4/16/86; 8/2/89; 7/17/91; 6/7/95; 5/17/00; 12/21/04) 2 - 1 - 119 Exemption, Surface Coating and Printing Equipment: The following equipment

and operations are exempt from the requirements of Sections 2
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- 301 and 302, provided that the source does not require permitting pursuant to Section 2
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- 319. 119.1 Any powder coating operation, or radiation cured coating operation where ultraviolet or electron beam energy is used to initiate a reaction to form a polymer n etwork. 119.2 Any coating, adhesive, dipping, laminating, screening, masking, electrodeposition, resist application, or similar source or operation at any facility that is not operated or conducted as part of a graphic arts operation, which: 2.1 Consumes a total of less than 30 gallons of coating , adhesive, laminate or resist per year on a facility wide basis, or emits less than 150 pounds per year of uncontrolled VOC on a facility wide basis, resulting from the application of these materials ; or 2.2 Uses e xclusively materials that contain less than one percent VOC (wt). At a facility with emissions from these sources or operations of greater than 150 lb/yr, these sources or operations may be grouped per Section 2
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- 401.3. 119.3 Any coating source which emp loys only non
- refillable hand held aerosol cans. 119.4 An oven associated with an exempt coating source, provided that the oven is electrically heated, or the oven is fired exclusively with natural gas, liquefied petroleum gas (e.g. propane, butane, isobut ane, propylene, butylenes, and their mixtures) and the maximum firing rate is less than 10 million BTU per hour. 119.5 Any graphic arts operation that emits less than 400 pounds of uncontrolled VOC emissions per month on a facility
- wide basis.

(Adopted 10

/19/83; Amended 4/16/86; 7/17/91; 6/7/95; 5/17/00; 12/21/04 ; 11/19/08 )Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
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- 12 2 - 1 - 120 Exemption, Dry Cleaning Equipment: Any dry cleaning facility which uses (gross

consumption) less than 200 gallons of petroleum solvent or any other non
halogenated solvent in an y single year is exempt from the requirements of Sections 2
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- 301 and 302, provided that the source does not require permitting pursuant to Section 2
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- 319; the facility is in compliance with the registration requirement in Regulation 8, Rule 17, Section 4 04; and the e quipment does not use solvent that contains perchloroethylene or more than 1% by weight of any other halogenated compound. (Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00 ; 3/ 4 /09 ) 2 - 1 - 121 Exemption, Material Working and Handling Equipment: The following equipment

is exempt from the requirements of Sections 2
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- 301 and 302, provided that the source does not require permitting pursuant to Section 2
- 1
- 319. 121.1 Equipment used for buffing, carving, cutting, drilling, grinding, machining, plani ng, routing, sanding, sawing, shredding, stamping or turning of wood, ceramic artwork, ceramic precision parts, leather, metals, plastics, rubber, fiberboard, masonry, glass, silicon, semiconductor wafers, carbon or graphite, provided that organic emission s from the use of coolant, lubricant, or cutting oil are 5 ton/yr or less. 121.2 Equipment used for pressing or storing sawdust, wood chips or wood shavings. 121.3 Equipment used exclusively to mill or grind coatings and molding compounds in a paste form p rovided the solution contains less than one percent VOC (wt). 121.4 Tumblers used for the cleaning or deburring of metal products without abrasive blasting. 121.5 Batch mixers with a rated working capacity of 55 gallons or less. 121.6 Mixing equipment prov ided no material in powder form is added and mixture contains less than one percent VOC (wt). 121.7 Equipment used exclusively for the mixing and blending of materials at ambient temperature to make water based adhesives. 121.8 Equipment used exclusively f or the mixing and packaging of lubricants or greases. 121.9 Presses used exclusively for extruding metals, minerals, plastics or wood. 121.10 Presses used for the curing of rubber products and plastic products. The use of mold release products or lubricant s is not exempt unless the VOC content of these materials is less than or equal to 1 percent, by weight, or unless the total facility
- wide uncontrolled VOC emissions from the use of these materials are less than 150 lb/yr. 121.11 Platen presses used for la minating. 121.12 Roll mills or calendars for rubber or plastics. 121.13 Equipment used exclusively for forging, pressing, rolling, stamping or drawing metals or for heating metals immediately prior to forging, pressing, rolling, stamping or drawing, provid ed that: (1) maximum fuel use rate is less than 10 million BTU/hr; (2) no lubricant with an initial boiling point less than 400 o F is used; and (3) organic emissions are 5 ton/yr or less. 121.14 Atmosphere generators used in connection with metal heat treat ing processes. 121.15 Equipment used exclusively for the sintering of glass or metals. 121.16 Equipment used exclusively for the melting or applying of wax containing less than one percent VOC (wt).Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 13 121.17 Equipment used exclusively for conveying and stori ng plastic pellets. 121.18 Solid waste transfer stations that receive or load out a total of all material less than 50 tons/day. 121.19 Inactive solid waste disposal sites which do not have an operating landfill gas collection system. (Adopted 10/19/83; Am ended 7/17/91; 6/7/95; 5/17/00) 2 - 1 - 122 Exemption, Casting and Molding Equipment: The following equipment is exempt

from the requirements of Sections 2
- 1
- 301 and 302, provided that the source does not require permitting pursuant to Section 2
- 1
- 319. 122.1 M olds used for the casting of metals. 122.2 Foundry sand mold forming equipment to which no heat is applied, except processes utilizing organic binders yielding in excess of 0.25% free phenol by weight of sand. 122.3 Shell core and shell
- mold manufacturing machines. 122.4 Equipment used for extrusion, compression molding and injection molding of plastics. The use of mold release products or lubricants is not exempt unless the VOC content of these materials is less than or equal to 1 percent, by weight, or un less the total facility
- wide uncontrolled VOC emissions from the use of these materials are less than 150 lb/yr. 122.5 Die casting machines. (Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00) 2 - 1 - 123 Exemption, Liquid Storage and Loading Equipment: The f ollowing equipment is

exempt from the requirements of Sections 2
- 1
- 301 and 302, provided that the source does not require permitting pursuant to Section 2
- 1
- 319. 123.1 Storage tanks and storage vessels having a capacity of less than 260 gallons. 123.2 Tank s, vessels and pumping equipment used exclusively for the storage or dispensing of any aqueous solution which contains less than 1 percent (wt) organic compounds. Tanks and vessels storing the following materials are not exempt. 2.1 Sulfuric acid with an a cid strength of more than 99.0% by weight. 2.2 Phosphoric acid with an acid strength of more than 99.0% by weight. 2.3 Nitric acid with an acid strength of more than 70.0% by weight. 2.4 Hydrochloric acid with an acid strength of more than 30.0% by weight. 2.5 Hydrofluoric acid with an acid strength of more than 30.0% by weight. 2.6 More than one liquid phase, where the top phase contains more than one percent VOC (wt). 123.3 Containers, reservoirs, tanks or loading equipment used exclusively for: 3.1 Stora ge or loading of liquefied gases. 3.2 Storage or loading of organic liquids or mixtures containing organic liquids; where the initial boiling point of the organics is greater than 302 o F and exceeds the actual storage temperature by at least 180 o F. This exe mption does not apply to the storage or loading of asphalt or asphalt emulsion with a sulfur content equal to or greater than 0.5 wt%. 3.3 The storage or loading of petroleum oils with an ASTM D
- 93 (PMCC) flash point of 130 o F or higher, when stored or load ed at a temperature at least 36 o F below the flash point. 3.4 The storage or loading of lubricating oils. 3.5 The storage of fuel oils with a gravity of 40 API or lower and having a capacity of 10,000 gallons or less.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 14 3.6 The storage or loading of liquid so aps, liquid detergents, tallow, or vegetable oils, waxes or wax emulsions. 3.7 The storage of asphalt or asphalt emulsion with a sulfur content of less than 0.5 wt%. This does not include the storage of asphalt cutback with hydrocarbons having an initial b oiling point of less than 302 o F. 3.8 The storage of wine, beer or other alcoholic beverages. 3.9 The storage of organic salts or solids in an aqueous solution or suspension, provided that no liquid hydrocarbon layer forms on top of the aqueous phase. 3.10 The storage or loading of fuel oils with a gravity of 25 API or lower. 3.11 The storage and/or transfer of an asphalt
- water emulsion heated to 150 o F or less. 123.4 Tank seal replacement. For any tank subject to Regulation 8, Rule 5, any new seal must compl y with the applicable provisions of Regulation 8, Rule 5, and the District must receive written notification of the tank source number and seal type at least three days prior to the installation. (Adopted 10/19/83; Amended 7/11/84; 7/17/91; 6/7/95; 5/17/00 ) 2 - 1 - 124 Exemption, Semiconductor Manufacturing : Semiconductor fabrication area(s) at a

facility which complies with all of the following are exempt from the requirements of Sections 2
- 1
- 301 and 302, provided that the source does not require permitting pu rsuant to Section 2
- 1
- 319. 124.1 Net solvent usage is less than 20 gallons of VOC per year on a facility wide basis; or uncontrolled VOC emissions to the atmosphere resulting from the usage of solvent are less than 150 pounds per year of VOC on a facility wide basis, and 124.2 Maskant and/or coating usage is less than 30 gallons per year, on a facility wide basis; or uncontrolled VOC emissions from the application of maskant and coatings are less than 150 pounds per year on a facility wide basis.

(Adopted 10/19/83; Amended 1/9/85; 4/16/86; 7/17/91; 6/7/95; 10/20/99; 5/17/00) 2 - 1 - 125 Exemption, Printed Circuit Board Manufacturing Equipment: The following

equipment is exempt from the requirements of Sections 2
- 1
- 301 and 302, provided that the source does not require permitting pursuant to Section 2
- 1
- 319. 125.1 Equipment used exclusively for: 1.1 Plating of printed circuit boards. 1.2 Buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding or turning of printed cir cuit boards. 1.3 Soldering. This section does not exempt fluxing and finger cleaning (see Section 2
- 1
- 118.4). (Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00) 2 - 1 - 126 Exemption, Testing Equipment: The following equipment is exempt from the

requirements of Sections 2
- 1
- 301 and 302, provided that the source does not require permitting pursuant to Section 2
- 1
- 319. 126.1 Equipment used for hydraulic or hydrostatic testing. 126.2 Bench scale laboratory equipment or processes used exclusively for chemical or physical analyses or experimentation, quality assurance and quality control testing, research and development, or similar bench scale equipment, excluding pilot plants. 126.3 Equipment used for inspection of metal products. (Adopted 10/19/83; Amended 7/17/ 91; 6/7/95; 5/17/00)Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 15 2 - 1 - 127 Exemption, Chemical Processing Equipment: The following equipment is exempt

from the requirements of Sections 2
- 1
- 301 and 302, provided that the source does not require permitting pursuant to Section 2
- 1
- 319. 127.1 Equipment us ed exclusively for the dyeing or stripping (bleaching) of textiles provided that only solutions containing less than one percent VOC (wt) are used. 127.2 Photographic process equipment by which an image is reproduced upon material sensitized to radiant ene rgy. 127.3 Containers, reservoirs, or tanks used exclusively for electrolytic plating with, or electrolytic polishing of, or electrolytic stripping of the following metals: aluminum, brass, bronze, cadmium, copper, iron, nickel, tin, zinc and precious meta ls. 127.4 Containers, reservoirs, or tanks used exclusively for etching (not chemical milling), except where ammonia or ammonium
- based etchants are used. (Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00) 2 - 1 - 128 Exemption, Miscellaneous Equipment: The f ollowing equipment is exempt from

the requirements of Sections 2
- 1
- 301 and 302, provided that the source does not require permitting pursuant to Section 2
- 1
- 319. 128.1 Comfort air conditioning or comfort ventilating systems which are not designed to remove air contaminants generated by or released from specific units of equipment. 128.2 Refrigeration units except those used as, or in conjunction with, air pollution control equipment. 128.3 Vacuum producing devices in laboratory operations which are used exc lusively in connection with other equipment which is exempted by this Rule, and vacuum producing devices which do not remove or convey air contaminants from another source. 128.4 Water cooling towers and water cooling ponds not used for evaporative cooling of process water, or not used for evaporative cooling of water from barometric jets or from barometric condensers. 128.5 Natural draft hoods, natural draft stacks or natural draft ventilators. 128.6 Vacuum cleaning system used exclusively for industrial c ommercial or residential housekeeping purposes. 128.7 Equipment used to liquefy or separate oxygen, nitrogen or the rare gases from the air. 128.8 Equipment used exclusively to compress or hold dry natural gas, excluding drivers. 128.9 Equipment used exclu sively for bonding lining to brake shoes. 128.10 Equipment used exclusively for the manufacture of water emulsions of waxes, greases or oils. 128.11 Brazing, soldering or welding equipment. 128.12 Pharmaceutical manufacturing equipment with annual VOC emis sions less than 150 pounds per source. Material working and handling equipment such as mills, grinders, blenders, granulators, tablet presses, capsule fillers, packagers, and conveyors are only exempt if the source also processes less than 100 tons per yea r of pharmaceutical products. 128.13 Equipment used exclusively to blend or package cosmetics. 128.14 Any wastewater (oil
- water) separator, as defined in Regulation 8, Rule 8, which processes less than 200 gallons per day of waste water containing organic liquids.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 16 128.15 Exploratory drilling activities for methane recovery at waste disposal sites, for natural gas or for oil. Production wells for the above operations are not exempt. 128.16 Passive aeration of soil, only if: 16.1 The duration of the passive a eration operation will not exceed three months, and 16.2 The soil is not being used as a cover material at a landfill. 128.17 Ozone generators which produce less than 1 pound per day of ozone. 128.18 Any source or operation which exclusively uses consumer products regulated by the California Air Resources Board (California Code of Regulations Title 17, Article 2, Sections 94507
- 94517). 128.19 Any source or operation deemed by the APCO to be equivalent to a source or operation which is expressly exempted by Sections 2
- 1
- 113 through 128. 128.20 Wastewater pumping stations where no treatment is performed, excluding any drivers. 128.21 Modification, replacement, or addition of components that have only fugitive emissions during routine operation (e.g. valves, fl anges, pumps, compressors, relief valves, process drains) at existing permitted equipment at petroleum refineries, chemical plants, bulk terminals or bulk plants, provided that : 21.1 the modification, replacement or addition of the components will not res ult in any increase in emissions of any source at the facility ( other than the fugitive emissions from the components being modified, replaced or added ) in such a manner as to result in a modification of such source as defined in Section 2
- 1
- 234 (e.g., thr ough debottlenecking of a source) ; 21.2 the total allowable fugitive emissions from all additional components installed pursuant to this exemption at a given process unit during any consecutive twelve month period do not exceed 10 lb/day (or, for component s that are not associated with a process unit, the total allowable fugitive emissions from all additional components installed at the facility that are not associated with a process unit during any twelve
- month period do not excee d 10 lb/day) , based on the maximum fugitive emissions rate allowed under District regulations ; 21.3 the components installed satisfy the “typical control technology ” listed in the BACT/TBACT Workbook ; 21.4 the components meet applicable requirements of Regulation 8 rules ; and 21. 5 fugitive emissions from the components are included when calculating emissions from the equipment on which the components are installed for purposes of applying District regulations to that equipment (e.g., BACT and offsets requirements). 128.22 Fuel ce lls that use phosphoric acid, molten carbonate, proton exchange membrane, solid oxide or equivalent technologies. 128.23 Structure demolition that does not involve asbestos or asbestos containing materials. (Adopted 10/19/83; Amended 7/16/86; 7/17/91; 6/7/ 95; 5/17/00; 11/15/00; 12/21/04) 2 - 1 - 129 Major Facility Review: Notwithstanding the exemptions listed in this section, every

source exempted by this Rule shall be included in any application for a synthetic minor or major facility review permit required by Regulation 2, Rule 6.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 17 (Adopted 12/3/93; Amended 2/1/95; 5/17/00) 2 - 1 - 1 30 Effect of Explanatory Notes: The explanatory notes that are included in italics

following certain provisions in Regulation 2 are intended to help readers better understand the regu latory context of these provisions

. They are not intended to be binding as regulatory requirements. Where such notes are provided, it is the text of the regulatory provision itself, and not the text of the notes , that establishes the binding legal requir ements of the provision. 2 - 1 - 200 DEFINITIONS 2 - 1 - 201 [Deleted December 19, 2012 .] 2 - 1 - 202 Complete Application: An application that contains all of the information required

under Regulation 2
- 1
- 402

. (Amended 7/17/91; 11/20/91; 5/17/00; 12/21/04) 2 - 1 - 20 3 Fugitive Emissions: Fugitive emissions are all emissions from unintended openings

in process equipment, emissions occurring from miscellaneous activities relating to the operation of a facility, and those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. (Adopted October 19, 1983) 2 - 1 - 204 [Deleted December 19 , 2012] 2 - 1 - 205 [ Deleted December 19, 2012 ] 2 - 1 - 206 [ Deleted December 19, 2012 ] 2 - 1 - 207 Organic Compound, Non - Precursor (NPOC): The fol lowing are considered non
precursor organic compounds: methane; ethane; methylene chloride (dichloromethane); 1,1,1
- trichloroethane (methyl chloroform); 1,1,2
- trichloro
- 1,2,2
- trifluoroethane (CFC

– 113); trichlorofluoromethane (CFC

– 11); dichlorodifluorometh ane (CFC

– 12); chlorodifluoromethane (HCFC

– 22); trifluoromethane (HFC

– 23); 1,2
- dichloro 1,1,2,2
- tetrafluoroethane (CFC

– 114); chloropentafluoroethane (CFC

– 115); 1,1,1
- trifluoro 2,2
- dichloroethane (HFC

– 123); 1,1,1,2
- tetrafluoroethane (HFC

– 134a); 1,1
- dichloro 1
- fluoroethane (HCFC

– 141b); 1
- chloro 1,1
- difluoroethane (HCFC

– 142b); 2
- chloro
- 1,1,1,2
- tetrafluoroethane (HCFC

– 124); pentafluoroethane (HFC

– 125); 1,1,2,2
- tetrafluoroethane (HFC

– 134); 1,1,1
- trifluoroethane (HFC

– 143a); 1,1
- difluoroethane (HFC

– 152a); parachlor obenzotrifluoride (PCBTF); cyclic, branched, or linear completely methylated siloxanes; acetone; perchloroethylene (tetrachloroethylene); 3,3
- dichloro
- 1,1,1,2,2
- pentafluoropropane (HCFC

– 225ca); 1,3
- dichloro
- 1,1,2,2,3
- pentafluoropropane (HCFC

– 225cb); 1,1,1, 2,3,4,4,5,5,5
- decafluoropentane (HFC 43

– 10mee); difluoromethane (HFC

– 32); ethylfluoride (HFC

– 161); 1,1,1,3,3,3
- hexafluoropropane (HFC

– 236fa); 1,1,2,2,3
- pentafluoropropane (HFC

– 245ca); 1,1,2,3,3
- pentafluoropropane (HFC

– 245ea); 1,1,1,2,3
- pentafluoropropane ( HFC

– 245eb); 1,1,1,3,3
- pentafluoropropane (HFC

– 245fa); 1,1,1,2,3,3
- hexafluoropropane (HFC

– 236ea); 1,1,1,3,3
- pentafluorobutane (HFC

– 365mfc); chlorofluoromethane (HCFC

– 31); 1 chloro
- 1
- fluoroethane (HCFC

– 151a); 1,2
- dichloro
- 1,1,2
- trifluoroethane (HCFC

– 123a); 1 ,1,1,2,2,3,3,4,4
- nonafluoro
- 4
- methoxy
- butane (C 4 F 9 OCH 3 or HFE

– 7100); 2
- (difluoromethoxymethyl)
- 1,1,1,2,3,3,3
- heptafluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 ); 1
- ethoxy
- 1,1,2,2,3,3,4,4,4
- nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE

– 7200); 2
- (ethoxydifluoromethyl)
- 1,1,1,2,3,3,3
- h eptafluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ); methyl acetate, 1,1,1,2,2,3,3
-Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 18 heptafluoro
- 3
- methoxy
- propane (n
- C 3 F 7 OCH 3 , HFE

– 7000), 3
- ethoxy
1,1,1,2,3,4,4,5,5,6,6,6
- dodecafluoro
- 2
- (trifluoromethyl) hexane (HFE

– 7500), 1,1,1,2,3,3,3
- heptafluoropropane (HFC 227ea), met hyl formate (HCOOCH 3 ), (1) 1,1,1,2,2,3,4,5,5,5
- decafluoro
- 3
- methoxy
- 4
- trifluoromethyl
- pentane (HFE

– 7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon compounds which fall into these classes: (i) Cyclic, branched, or linear, completely flu orinated alkanes; (ii) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (iii) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (iv) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. In addition, any compound designated as having a negligible contribution to photochemical reactivity by the U.S. Environmental Protection Agency as published in the Federal Register shall b e considered a Non
- Precursor Organic Compound. (Amended 7/17/91; 6/15/94) 2 - 1 - 208 Organic Compound, Precursor (POC) : Any organic compound as defined in

Regulation 1
- 233 , excepting the non
- precursor organic compounds as defined in Section 2
- 1
- 207. (Adopted 3/17/82; Amended 7/17/91) 2 - 1 - 209 [ Deleted December 19, 2012 ] (Adopted 3/17/82, Amended 10/19/83; 12/21/04) 2 - 1 - 210 Start - Up Period: The period of time between initial operation and the issuance or

denial of a permit to operate of a source or facility. (Ad opted October 19, 1983) 2 - 1 - 211 CEQA: The California Environmental Quality Act, Public Resources Code Section

21000 et seq

. (Adopted July 17, 1991) 2 - 1 - 212 EIR: Environmental Impact Report, as defined in Public Resources Code Section

210 61

. (Adopted 7/17/9 1; Amended 5/17/00) 2 - 1 - 213 Facility: Any source, building, structure or installation that emits or may emit any air

pollutant; or any aggregation of such sources, buildings, structures or installations that are (i) located on one or more contiguous or adj acent properties; (ii) are under common ownership or control; and (iii) are considered to be in the same major industrial grouping (identified by the first two digits of the applicable code in The Standard Industrial Classification Manual ). For purposes o f this definition, a Support Facility as defined in Section 2
- 1
- 242 is considered to be in the same major industrial grouping as the facility it supports, regardless of what code may nominally apply under The Standard Industrial Classification Manual

. . ( Adopted 11/3/93; Amended 12/21/04) 2 - 1 - 214 Federally Enforceable: All limitations and conditions that are enforceable by the

Administrator of the U. S. EPA, including but not limited to (i) requirements developed pursuant to 40 CFR Parts 60 (NSPS), 61 (NES HAPS), 63 (HAP), 70 (State Operating Permit Programs) and 72 (Permits Regulation, Acid Rain) ; (ii) requirements contained in the State Implementation Plan (SIP) that are applicable to the District ; (iii) District regulations approved pursuant to 40 CFR Par t 51, Subpart I (NSR) ; (iv) requirements in any operating permit issued under an EPA
- approved program that is a part of the SIP and expressly requires adherence to any permit issued under such program ,Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 19 including requirements of any District permit conditio n (excluding conditions that are not enforceable by the Administrator of the U.S. EPA); and (v) requirements in federal consent decrees that are enforceable by the Administrator of the U.S. EPA

. (Adopted November 3, 1993) 2 - 1 - 215 Hazardous Air Pollutant (HAP): Any pollutant that is listed pursuant to Section

112(b) of the federal Clean Air Act. (Adopted 11/3/93; Amended 5/17/00) 2 - 1 - 216 [ Deleted December 19, 2012 ] 2 - 1 - 217 Potential to Emit: The maximum capacity of a source or facility to emit a pollutant

based on its physical and operational design. Any physical or operational limitation on the capacity of the source or facility to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as a part of its design only if the limitation, or the effect it would have on emissions, is enforceable by the District or EPA (or both) . A source or facility that exceeds an enforceable limitati on is considered to have a potential to emit that is unconstrained by any such exceeded limit. (Adopted 11/3/93; Amended 5/17/00) 2 - 1 - 218 Regulated Air Pollutant: Except for purposes of major facility review in connection

with Regulation 2, Rule 6 , for whi ch the definition in Section 2
- 6
- 222 applies, a regulated air pollutant is any air pollutant that is subject to a regulation. (Adopted 11/3/93; Amended 5/17/00) 2 - 1 - 219 [Deleted December 19, 2012] 2 - 1 - 220 [Deleted December 19 , 2012] 2 - 1 - 221 Source: Any a rticle, machine, equipment, operation, contrivance or related groupings

of such which may produce and/or emit air pollutants. (Adopted June 7, 1995) 2 - 1 - 222 Toxic Air Contaminant (TAC): An air pollutant that may cause or contribute to an

increase in mortal ity or in serious illness or that may pose a present or potential hazard to human health. For the purposes of this rule, TACs consist of the substances listed in Table 2
- 5
- 1 of Regulation 2, Rule 5. (Adopted 6/7/95; Amended 5/17/00; 6/15/05) 2 - 1 - 223 Year , Month and Day : Unless otherwise specified by regulation or by permit

condition, a year shall be any rolling 12
- month period, a month shall be a calendar month , and a day shall be a calendar day

. (Adopted June 7, 1995) 2 - 1 - 224 Responsible Laboratory Manage ment Practices: For the purposes of meeting the

laboratory exemption of Section 2
- 1
- 113.2.12, Responsible Laboratory Management Practices include all of the following measures for minimizing the emissions of toxic air contaminants: 224.1 Open container pro cedures involving materials that contain volatile toxic air contaminants (TACs) shall be avoided where feasible. 224.2 Open container storage of volatile hazardous chemical wastes shall be avoided. 224.3 Training for laboratory employees handling hazardous materials shall include information about minimizing the emissions of volatile TACs. These employees shall be directed to avoid open container procedures involving volatile TACs where feasible, and to avoid open container storage of hazardous chemical was te.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 20 224.4 Fume hoods shall be posted with notices reminding employees to avoid open container procedures using volatile TACs where feasible. Laboratories shall be inspected periodically, but not less than annually, to confirm that these notices are present

. 224.5 Laboratory fume hoods shall be monitored periodically to assure proper face velocity. 224.6 Evaporation of any hazardous chemical waste containing TACs as a means of disposal shall be expressly forbidden. (Adopted June 7, 1995) 2 - 1 - 225 [Deleted Dec ember 19 , 2012] 2 - 1 - 226 Statewide Portable Equipment Registration Program : A uniform system for

statewide registration and regulation of portable internal combustion and associated equipment, implemented by the Air Resources Board pursuant to Section 41750 et seq. of the Health and Safety Code. (Adopted October 7, 1998) 2 - 1 - 227 Substantial Use : Substantial use of an Authority to Construct consists of one or more

of the following: purchase or acquisition of the equipment that constitutes the source; ongoing construction activities other than grading or installation of utilities or foundations; a contract or commitment to complete construction of the source within two years. (Adopted October 7, 1998) 2 - 1 - 228 Particulate Matter (PM): Any airborne finely divided solid or liquid material with an

aerodynamic diameter smaller than 100 microns. (Adopted October 7, 1998) 2 - 1 - 229 PM 10 : Particulate matter with aerodynamic diameter smaller than or equal to a

nominal 10 microns. PM 10 emissions shall include gaseous emiss ions from a source or activity that condense to form particulate matter at ambient temperatures. (Adopted October 7, 1998) 2 - 1 - 230 Functionally Equivalent: Performing the same, or equivalent, function as the object

of comparison. A functionally equivalent replacement source performs the same function for the process as the source being replaced, although emissions and other characteristics may differ. A replacement that performs additional functions is not considered to be functionally equivalent. (Adopted October 7, 1998) 2 - 1 - 231 Semiconductor Fabrication Area: A physically identifiable area in a semiconductor

manufacturing facility where one or more specific operations in the fabrication of semiconductors or related solid state devices occurs and the equip ment used to perform those operations. The semiconductor fabrication area shall not include crystal growth, circuit separation, or encapsulation. All semiconductor fabrication equipment may be grouped into a single fabrication area, or multiple fabrication areas may be established to correspond to product lines or clean room environments. (Adopted October 20, 1999) 2 - 1 - 232 New Source: Any source that has not been in existence before, including any source

that meets at least one of the following criteria ( ex cept sources that lose a permit exemption or exclusion in accordance with Regulation 2
- 1
- 424: 232.1 Any source constructed or proposed to be constructed after March 7, 1979 , but which never had a valid District authority to construct or permit to operate. 232.2 Any source which was not in operation for a period of one year or more and did not hold a valid District permit to operate during this period of non
operation, occurring after March 7, 1979.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 21 232.3 Any relocation of an existing source to a non
- contigu ous property, except for a portable source. 232.4 Any replacement of a source, including an identical replacement of a source, occurring after March 7, 1979, regardless of when the original source was constructed. 232.5 Any replacement of an identifiable s ource within a group of sources permitted together under a single source number for the purpose of District permitting convenience. 232.6 “Rebricking” of a glass furnace where changes to the furnace design result in a change in heat generation or absorptio n. (Adopted May 17, 2000) 2 - 1 - 233 Alter: To make any physical change, change in the method of operation, or other

similar change at an existing source that may affect air pollutant emissions and that does not qualify as a modification under the criteria se t forth in Section 2
- 1
- 234. The APCO may impose permit conditions in an authority to construct or permit to operate for a n alteration to ensure that the change authorized by the authority to construct or permit to operate will not result in a modification under Section 2
- 1
- 234. Other forms of the word alter, including altered and alteration, shall be defined based on the meaning of the root word “alter”. (Adopted 5/17/00; Amended 11/15/00) 2 - 1 - 234 Modif y : To make any physical change, change in method of o peration, change in

throughput or production, or other similar change at an existing source, that result s in an increase in emissions that is either of the following : 234.1 Increase in Potential To Emit : An increase in the source’s daily or annual potenti al to emit , determined according to th e definition in Section 2
- 1
- 217 and the following requirements

. 1.1 Any legally enforceable limitation on a source’s operations that has the effect of limiting emissions may be taken into account in determining a sour ce’s potential to emit, a s provided for in Section 2
- 2
- 21 7. Such limits may include direct limitations on the source’s emissions and surrogate limits on operating conditions such as production rate or capacity that have the effect of limiting emissions. A n hourly emissions limit may be multiplied by 24 to determine daily potential to emit and a daily emissions limit may be multiplied by 365 to determine annual potential to emit, unless the source cannot operate at its full permitted limit for 24 hours per day or 365 days per year or there is some other reason why short
- term permit limits do not accurately re present longer
- term potential to emit. A permit limit that applies to combined emissions from multiple sources does not establish an individual source’ s potential to emit, unless the limit imposes an effective , legally enforceable limit ation specifically on the emissions from the individual source

. 1.2 For sources whose emissions are not limited by any legally enforceable limitation (or that cannot phys ically operate to the full extent of such limitation) , the source’s potential to emit shall be determined by the source’s actual physical ability to emit air pollution. A source’s potential to emit shall be determined by the most relevant and reliable tec hnical information available regarding the source’s operation, which may include design information, engineering specifications, or other information. A source’s potential to emit shallBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 22 take into account any limitation on the effective capacity of the sou rce as a result of the capacity of any upstream or downstream process that acts as a “bottleneck” (i.e., a limit on the ability of the source to operate at maximum capacity). 1. 3 For emissions toxic air contaminants and hazardous air pollutants, a change i s not a modification unless the increase in the source’s potential to emit results in an increase in cancer risk (as defined in Regulation 2
- 5
- 206) greater than 1.0 in a million (10 - 6 ) or an increase in chronic hazard index (as defined in Regulation 2
- 5
- 20 8) greater than 0.20. An increase in emissions of less than the trigger levels specified in Table 2
- 5
- 1 in Regulation 2, Rule 5 shall be presumed not to cause an increase in cancer risk of greater than 1.0 in a million or an increase in chronic hazard ind ex of greater than 0.20

. 234. 2 Increase Over Actual Emissions Baseline : An increase that is a “major modification” under either of the following definitions: 2.1 Non
- Attainment NSR Pollutants : For NOx, VOC, PM 2.5 , and SO 2 , a “major modification” as defin ed in 40 C.F.R. section 51.165(a)(1)(v); 2.2 Other Federal NSR Pollutants : For other pollutants, a “major modification” as defined in 40 C.F.R. section 51. 166(b)(2). For purposes of determining whether an increase in emissions constitutes a “major modifica tion” under Section s 234.2.1 and 234.2. 2 , all provisions of the major NSR requirements under 40 C.F.R. Sections 51.165 and 51.166, respectively, are incorporated by reference and shall be used in implementing this Section , including (but not limited to) : a ll definitions in Sections 51.165(a)(1) and 51.166(b); the applicability provisions in subsections 51.165 (a)(2) and 51.166(a)(7); and the documentation, monitoring, recordkeeping, and reporting requirements in subsections 51.165(a)(6) and (a)(7) and subsec tions 51.166(r)(6) and (r)(7). Other forms of the word modify, including modified and modification, shall be defined based on the meaning of the root word “modify”. (Adopted 5/17/00; Amended 11/15/00; 6/15/05) 2 - 1 - 235 [Deleted, December 19, 2012] 2 - 1 - 23 6 [Deleted, December 19, 2012] 2 - 1 - 237 BACT/TBACT Workbook: District guidelines set ting forth emission limitations and/or

control technologies constituting BACT and TBACT for a number of source types or categories. (Adopted June 15, 2005) 2 - 1 - 238 Clean A ir Act: The federal Clean Air Act, as amended in 1990, including the

implementing regulations. (Adopted June 15, 2005) 2 - 1 - 239 Agricultural Source: A source of air pollution, or group of sources, used in the

production of crops, or the raising of fowl or animals located on contiguous property under common ownership or control that meets any of the following criteria: 239.1 Is a confined animal facility as defined under Regulation 2, Rule 10; 239.2 Is an internal combustion engine used in the production of crops or the raising of fowl or animals, including, but not limited to, an engine subject to Article 1.5 (commencing with Section 41750) of Chapter 3 of Part 4 of Division 26 of the California Health and Safety Code, except an engine that is used to prope l implements of husbandry as that term is defined in Section 36000 of the Vehicle Code, as that section existed on January 1, 2003;Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 23 239.3 Is a Major Facility, as that term is defined in Regulation 2, Rule 6, or that is a source that is otherwise subject to regulation by the District pursuant to Division 26 of the California Health and Safety Code or the federal Clean Air Act (42 U.S.C. Sec. 7401 eq.). (Adopted July 19, 2006) 2 - 1 - 240 Graphic Arts Operation: Any gravure, flexographic printing, digital printi ng, screen

printing, letterpress, and lithographic printing operation; any associated coating laminating, and adhesive operation to produce a printed product; and the use of solvents for any surface preparation and cleanup for any operation stated above. ( Adopted November 19, 2008) 2 - 1 - 24 1 PM 2.5 : Particulate matter with aerodynamic diameter smaller than or equal to a

nominal 2.5 microns. PM 2.5 emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at am bient temperatures. 2 - 1 - 24 2 Support Facility : A facility that conveys, stores, or otherwise significantly assists in

the production of the principal pro duct of another facility. Per S ection 2
- 1
- 213, a support facility is considered part of the principal facility that it supports for permitting purposes under R egulation 2. 2 - 1 - 300 STANDARDS 2 - 1 - 301 Authority to Construct: Any person who, after July, 1972, puts in place, builds,

erects, installs, modifies, modernizes, alters or replaces any article, machin e, equipment or other contrivance, the use of which may cause, reduce or control the emission of air contaminants, shall first secure written authorization from the APCO in the form of an authority to construct. Routine repairs, maintenance, or cyclic main tenance that includes replacement of components with identical components is not considered to be an alteration, modification or replacement for the purpose of this Section unless the APCO determines the changes to be non
- routine. The use or operation of t he source shall initiate the start
- up period in accordance with Section 2
- 1
- 411. (Amended 3/17/82; 10/19/83; 7/17/91; 5/17/00) 2 - 1 - 302 Permit to Operate: Before any person, as described in Section 2
- 1
- 401, uses or

operates any article, machine, equipment o r other contrivance, the use of which may cause, reduce or control the emission of air contaminants, such person shall first secure written authorization from the APCO in the form of a permit to operate. 302.1 Permit to Operate, MFR: Any facility subject t o the requirements of Regulation 2 , Rule 6, Major Facility Review, shall comply with the permitting requirements included in that Rule in addition to securing a permit to operate under this R ule. 302.2 Permit to Operate, Accelerated Permitting Program: Unl ess subject to any of the provisions of Sections 2
- 1
- 316 through 319, a temporary permit to operate may be obtained to authorize operation of a new source or a modification or alteration of an existing source under this Section pending full review for the following categories of operation: 2.1 A new source or a modification of an existing source if the following conditions are satisfied: 1.1 The source will not have the potential to emit POC, NPOC, NOx, SO 2 , PM 2.5 , PM 10 , or CO in an amount of 10 pounds or m ore on any day , determined without taking into account theBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 24 effect of any abatement device or equipment ; or the source has been pre
- certified under Section 2
- 1
- 4 1 5; and 1.2 The source will not have the potential to emit toxic air contaminants in an amount t hat exceeds any of the trigger levels set forth in Tabl e 2
- 5
- 1 of Regulation 2, Rule 5, determined without taking into account the effect of any abatement device or equipment; and 1.3 The source is not subject to the public notice requirements of Section 2
- 1
- 412. 2.2 An abatement device that is a replacement for an existing abatement device, provided that the replacement will not increase the potential to emit any regulated air pollutant from the abatement device and the source(s) whose emissions it abates

. 2.3 An alteration of an existing source , as defined in Section 2
- 1
- 233

. An applicant seeking a permit for a new, modified or altered source that is in any of the preceding categories may apply for a temporary permit to operate under the Accelerated Pe rmitting Program by submitting (i) a permit application form and source data form(s) properly filled out with all required information ; (ii) payment of applicable fees (the minimum permit fee required to install and operate each source); (iii) a statement explaining which of the categor ies in subsections 2.1 through 2. 3 above the source is in ; (iv) a certification that the source meets all of the requirements of that category ; (v) a certification that the source is not subject to Sections 2
- 1
- 316 through 2
- 1
- 31 9 ; and (vi) a certification that the applicant has reviewed all applicable New Source Performance Standard s and has determined that the application will comply

. The APCO shall issue a temporary Permit to Operate promptly upon determining that the appl ication contains all of the elements required by (i)
- ( v i ) of the preceding sentence

. The owner or operator of the source may begin construction or operation of the source, or of the modification or alteration of the source, immediately upon receipt of the temporary Permit to Operate. The APCO shall complete a full review of the application and take final action in accordance with Section 2
- 1
- 408 within the time period provided for in that section

. Any applicable offset requirements under Regulation 2, Rule 2, Sections 302 and 303 shall be satisfied before final permit issuance

. The temporary Permit to Operate shall cease to be effective upon final action by the APCO under Section 2
- 1
- 408 (or if the permit application is canceled or withdrawn prior to such f inal action)

. During periods that the source is operating under the temporary Permit to Operate, the operator shall keep records sufficient to demonstrate that emissions do not exceed applicable qualifying levels for the Accelerated Permitting Program as set forth in subsections 2.1 through 2. 3 above

. 302.3 Permit to Operate, Temporary Operation: A temporary permit may be obtained to allow an operator to test equipment, processes, or new formulations. A temporary permit may also be obtained for a temporary source which replaces critical equipment during scheduled maintenance. The APCO may issue a non
- renewable temporary Permit to Operate a temporary operation at any source, subject to the following: 3.1 The proposed operation will comply with all requiremen ts of Regulation 1 and Regulations 5 through 12. 3.2 The permit shall expire 3 months after issuance.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 25 3.3 The operator shall provide offsets, at a ratio of 1.15 to 1, for all increased emissions of NO x , POC, SO 2 , PM 2.5 , and PM 10 resulting from the use of the temporary permit. 3.4 The operator shall certify that the temporary operation is for one of the following purposes: 4.1 Equipment testing 4.2 Process testing, including new formulations 4.3 Temporary replacement of an existing permitted source with an identical or functionally equivalent source 3.5 The operator shall comply with the provisions of Regulation 2
- 2
- 301, except that the cost
- effectiveness analysis shall consider the short duration of the operation. (Amended 11/3/93; 6/7/95; 10/7/98; 11/15/0 0) 2 - 1 - 303 Fees: Persons subject to this Regulation shall pay the fees required, as set forth in

Regulation 3. 2 - 1 - 304 Denial, Failure to Comply With Applicable Requirements : The APCO shall deny

an authority to construct or a permit to operate if the APCO finds that the subject of the application would not or does not comply with any emission limitations or other regulations of the District (including but not limited to the BACT and offsets requirements in Regulations 2
- 2
- 301 through 2
- 2
- 303) , or with appli cable permit conditions or federal or California laws or regulations , or if any required fees have not been paid . Such denial shall not be based solely on the type of construction or design of equipment. (Amended March 17, 1982) 2 - 1 - 305 Conformance with Au thority to Construct: A person shall not put in place, build,

erect, install, modify, modernize, alter or replace any article, machine, equipment, or other contrivance for which an authority to construct has been issued except in a manner substantially in conformance with the authority to construct. If the APCO finds, prior to the issuance of a permit to operate, that the subject of the application was not built substantially in conformance with the authority to construct, the APCO shall deny the permit to operate. (Amended December 21, 2004) 2 - 1 - 306 Mandated Reductions Not Applicable: Emission reductions resulting from

requirements of federal, state or District laws, rules or regulations shall not be banked or allowed as emission offsets or emission reducti on credits unless a complete application for such banking or emission reduction credits was filed with the District at least 90 days prior to the adoption date of such laws, rules or regulations. Only emission reduction credits exceeding the emission reduc tions required by measures described in the Air Quality Management Plan or required by permits or orders; and reductions achieved by measures not specified in the Air Quality Management Plan shall be banked or allowed as emission offsets or emission reduct ion credits. (Amended 10/7/81; 7/17/91; 6/15/94) 2 - 1 - 307 Failure to Meet Permit Conditions: A person shall not operate any article, machine,

equipment or other contrivance, for which an authority to construct or permit to operate has been issued, in violat ion of any permit condition imposed pursuant to Section 2
- 1
- 403. (Adopted 3/17/82; Amended 7/17/91) 2 - 1 - 308 Fugitive Emissions: Fugitive emissions shall be included as emissions from a

source or facility except as required under this Regulation

. (Adopted 10/19/83; Amended 7/17/91)Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 26 2 - 1 - 309 Canceled Application: The APCO may cancel an application for an authority to

construct and a permit to operate if, within 90 days after the application was deemed incomplete, the applicant fails to furnish the requested i nformation or pay all appropriate fees. The 90 day period may be extended for an additional 90 days upon receipt of a written request from the applicant and written approval thereof by the APCO. The APCO shall notify the applicant in writing of a cancellat ion, and the reasons therefore. A cancellation shall become effective 10 days after the applicant has been notified. The cancellation shall be without prejudice to any future applications. (Adopted April 6, 1988) 2 - 1 - 310 Applicability of CEQA: Except for permit applications which will be reviewed as

ministerial projects under Section 2
- 1
- 311 or which are exempt from CEQA pursuant to Section 2
- 1
- 312, all proposed new and modified sources for which an authority to construct must be obtained from the District shall be reviewed in accordance with the requirements of CEQA. 310.1 For those District permit applications which must be reviewed in accordance with the requirements of CEQA, the District will not normally be a Lead Agency under CEQA. Rather, pursuant to CEQA, the Lead Agency will normally be an agency with general governmental powers, such as a city or county, rather than a special purpose agency such as the District. 310.2 The issuance of an authority to construct and of a permit to operate for the same new or modified source or stationary source are considered to be parts of the same project for the purposes of CEQA. 310.3 The APCO shall not authorize, on an interim basis or otherwise, the installation or operation of any proposed new or modified source , the permitting of which is subject to the requirements of CEQA, until all of the requirements of CEQA have been satisfied. (Adopted 7/17/91; Amended 10/21/92) 2 - 1 - 311 Ministerial Projects: An application for a proposed new or modified source or

stationar y source will be classified as ministerial and will accordingly be exempt from the CEQA requirement of Section 2
- 1
- 310 if the District's engineering evaluation and basis for approval or denial of the permit application for the project is limited to the cri teria set forth in Section 2
- 1
- 428 of this rule and to the specific procedures, fixed standards and objective measurements set forth in the District's Permit Handbook and BACT/TBACT Workbook. The method for determining whether a given permit application wi ll be classified as ministerial is set forth in Section 2
- 1
- 427. (Adopted 7/17/91; Amended 10/7/98) 2 - 1 - 312 Other Categories of Exempt Projects: In addition to ministerial projects, the

following categories of projects subject to permit review by the Distr ict will be exempt from the CEQA review, either because the category is exempted by the express terms of CEQA (subsections 2
- 1
- 312.1 through 312.9) or because the project has no potential for causing a significant adverse environmental impact (subsections 2
- 1
- 312.10 and 312.11). Any permit applicant wishing to qualify under any of the specific exemptions set forth in this Section 2
- 1
- 312 must include in its permit application CEQA
- related information in accordance with subsection 2
- 1
- 426.1. In addition, the CEQA
- related information submitted by any permit applicant wishing to qualify under subsection 2
- 1
- 312.11 must demonstrate to the satisfaction of the APCO that the proposed project has no potential for resulting in a significant environmental effect in co nnection with any of the environmental media or resources listed in Section II of Appendix I of the State CEQA Guidelines.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 27 312.1 Applications to modify permit conditions for existing or permitted sources or facilities that do not involve any increases in e missions or physical modifications. 312.2 Permit applications to install air pollution control or abatement equipment. 312.3 Permit applications for projects undertaken for the sole purpose of bringing an existing facility into compliance with newly adopte d regulatory requirements of the District or of any other local, state or federal agency. 312.4 Permit applications submitted by existing sources or facilities pursuant to a loss of a previously valid exemption from the District's permitting requirements. 312.5 Permit applications submitted pursuant to the requirements of an order for abatement issued by the District's Hearing Board or of a judicial enforcement order. 312.6 Permit applications relating exclusively to the repair, maintenance or minor alterat ion of existing facilities, equipment or sources involving negligible or no expansion of use beyond that previously existing. 312.7 Permit applications for the replacement or reconstruction of existing sources or facilities where the new source or facility will be located on the same site as the source or facility replaced and will have substantially the same purpose and capacity as the source or facility replaced. 312.8 Permit applications for cogeneration facilities which meet the criteria of Section 1532 9 of the State CEQA Guidelines. 312.9 Any other project which is exempt from CEQA review pursuant to the State CEQA Guidelines. 312.10 Applications to deposit emission reductions in the emissions bank pursuant to Regulation 2, Rule 4 or Regulation 2, Rule 9. 312.11 Permit applications for a proposed new or modified source or sources or for process changes which will satisfy the “No Net Emission Increase" provisions of District Regulation 2, Rule 2, and for which there is no possibility that the project may have any significant environmental effect in connection with any environmental media or resources other than air quality. Examples of such projects include, but are not necessarily limited to, the following: 11.1 Projects at an existing stationary source f or which there will be no net increase in the emissions of air contaminants from the stationary source and for which there will be no other significant environmental effect; 11.2 A proposed new source or stationary source for which full offsets are provide d in accordance with Regulation 2, Rule 2, and for which there will be no other significant environmental effect; 11.3 A proposed new source or stationary source at a small facility for which full offsets are provided from a small facility bank established by the APCO pursuant to Regulation 2
- 4
- 414, and for which there will be no other significant environmental effect; 11.4 Projects satisfying the "no net emission increase" provisions of District Regulation 2, Rule 2 for which there will be some increase in the emissions of any toxic air contaminant, but for which the District staff’s health risk screening analysis shows that the project will not result in a cancer risk (as defined in Regulation 2
- 5
- 206) greater than 1.0 in a million (10 - 6 ) and will not resu lt in a chronic hazard index (as defined inBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 28 Regulation 2
- 5
- 208) greater than 0.20, and for which there will be no other significant environmental effect. (Adopted 7/17/91; Amended 5/17/00; 12/21/04; 6/15/05) 2 - 1 - 313 Projects Not Exempt From CEQA Review: No twithstanding the exemptions from

CEQA review set forth in Section 2
- 1
- 312, such exemptions shall not apply to any project covered by the categories set forth in subsections 2
- 1
- 312.1 through 312.9 where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances, or due to cumulative impacts of successive projects of the same type in the same place over time. Such projects shall be reviewed in accordance with the requirements of CEQA. ( Adopted 7/17/91; Amended 6/15/05) 2 - 1 - 314 Case - by - Case CEQA Determinations: Notwithstanding the requirement of Section

2
- 1
- 311, the District shall, for any permit applications which were deemed complete by the District on or before July 17, 1991, review sa id permit applications on a case
by
- case basis in order to determine whether the District's evaluation of the permit application will involve any element of discretion. If as a result of this case
- by
- case review, the District determines that the evaluatio n of the permit application will not involve any element of discretion on its part, then the application may be treated as a ministerial project so long as all of the following conditions are met: 314.1 The District makes a specific written finding to this effect as part of its determination that the permit application is complete; 314.2 The District will merely apply the law to the facts as presented in the permit application; and 314.3 The District's evaluation of the permit application and its decision r egarding whether to issue the permit will be limited to the criteria set forth in Section 2
- 1
- 428. (Adopted July 17, 1991) 2 - 1 - 315 Denial, Failure to Mitigate Significant Adverse Environmental Impacts: For any

application for which the District is a Lead A gency under CEQA, where significant adverse environmental impacts have been identified in the District's review of, or in the course of the public comment period on, said application, the APCO shall deny an authority to construct to such new or modified st ationary source, as proposed, unless: 315.1 The applicant agrees to implement or carry out such available alternatives or mitigation measures which would, to the extent feasible, avoid or substantially lessen any such significant adverse environmental impa cts as a condition for issuance of an authority to construct; or 315.2 The APCO finds that any such available, feasible alternatives or mitigation measures are within the responsibility and jurisdiction of another public agency, and such measures have been adopted by such other agency, or can and should be adopted by such other agency; or 315.3 The APCO finds that there are no feasible alternatives or measures to substantially mitigate the unavoidable adverse environmental effects associated with the proje ct, but that the benefits of the project outweigh such unavoidable adverse environmental effects, and the APCO states in writing the reasons and overriding considerations to support the issuance of the authority to construct based on the Final EIR and othe r information in the record notwithstanding the unavoidable adverse environmental effects associated with the project. (Adopted November 20, 1991)Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 29 2 - 1 - 316 New or Modified Sources of Toxic Air Contaminants or Hazardous Air

Pollutants: Notwithstanding any ex emption contained in Section 2
- 1
- 103 or Section 114 through 128, any new or modified source meeting any of the following criteria shall be subject to the requirements of Regulation 2, Rule 1, Section 301 and/or 302. 316.1 If a new or modified source emits one or more toxic air contaminants in quantities that exceed the trigger levels listed in Table 2
- 5
- 1 of Regulation 2
- 5 and the source did not have a valid exemption from Regulation 2
- 1
- 302 when the source was constructed or modified, then the source shall be subject to the requirements of Sections 2
- 1
- 301 and 302, unless the owner or operator of the source can demonstrate to the satisfaction of the APCO that the source: 1.1 Will comply with the TBACT requirement of Regulation 2
- 5
- 301 (if applicable); and 1 .2 Will comply with the project risk limits of Regulation 2
- 5
- 302 (if applicable). 316.2 If a new or modified source, or group of related sources in a proposed construction or modification will emit 2.5 or more tons per year of any single hazardous air pol lutant or 6.25 or more tons per year of any combination of hazardous air pollutants, then the source or group of sources shall be subject to the requirements of Sections 2
- 1
- 301 and 302. (Adopted 4/16/86; Amended 7/17/91;Renumbered and Amended 6/7/95; Ame nded 5/17/00; 6/15/05) 2 - 1 - 317 Public Nuisance Sources: Notwithstanding any exemption contained in Section 2
- 1
-

103 or Section 114 through 128, any new or modified source meeting any of the following criteria shall be subject to the requirements of Regulati on 2, Rule 1, Section 301 and/or 302. If any exempt source receives two or more public nuisance violations, under Regulation 1, Section 301 or Section 41700 of the California Health & Safety Code, within any consecutive 180
- day period, then the source shal l be subject to the requirements of Section 2
- 1
- 301 and 302. Such a source will be treated as loss of exemption source under Section 2
- 1
- 414, and will be subject to the annual permit to operate fee specified in Regulation 3. This section does not apply to a source that is exempt per section 2
- 1
- 113. (Adopted 6/7/95; Amended 5/17/00) 2 - 1 - 318 Hazardous Substances: Notwithstanding any exemption contained in Section 2
- 1
-

103 or Section 114 through 128, any new or modified source meeting any of the following crit eria shall be subject to the requirements of Regulation 2, Rule 1, Section 301 and/or 302. If a new or modified source at a facility in one of the 28 categories listed in Section 169(1) of the Clean Air Act that emits 100 tons per year of any PSD Pollutant as defined in Section 2
- 2
- 2 23 , or at a facility not listed in any such category that emits 250 tons per year or more of any PSD Pollutant as defined in Section 2
- 2
- 223 , emits any of the following air contaminants in excess of the quantities listed below, then it is subject to the requirements of Sections 2
- 1
- 301 and 302. 318.1 0.6 ton per year of lead, 318.2 0.007 ton per year of asbestos (excepting demolition, renovation, and waste disposal), 318.3 0.0004 ton per year of beryllium, 318.4 0.1 ton per year of mercury, 318.5 1 ton per year of vinyl chloride, 318.6 3 tons per year of fluorides, 318.7 7 tons per year of sulfuric acid mist, andBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 30 318.8 10 tons per year of reduced sulfur compounds (including hydrogen sulfide). (Adopted 10/19/83; Renumbered and Amen ded 6/7/95; Amended 5/17/00) 2 - 1 - 319 Source Expressly Subject to Permitting Requirements: Notwithstanding any

exemption contained in Section 2
- 1
- 103 or Section s 2
- 1
- 114 through 2
- 1
- 128, any source meeting any of the following criteria shall be subject to t he requirements of Section 2
- 1
- 302: 319.1 The emission rate of any regulated air pollutant (except greenhouse gases) from the source is greater than 5 tons per year, after abatement. 319.2 The source is subject to the requirements of Section 2
- 1
- 316, 317, or 318. (Adopted May 17, 2000) 2 - 1 - 3 20 Compliance With Material Representations Made In Connection With Permit

Applications : In addition to the explicit conditions contained in an authority to construct and/or permit to operate, the owner and operator of a source of air pollutant emissions shall construct and operate the source in conformance with any representations made or information submitted to the APCO in connection with the application for such authority to construct and/or permit to operate, provid ed such representations or information were material to the APCO’s decision to issue the authority to construct and/or permit to operate

. Construction or o peration of the source not in conformance with such material representations or information shall be a violation of this Regulation. 2 - 1 - 321 Compliance With Provisions of State Implementation Plan and Other

Requirements of Local, California and Federal Law: Issuance of an authority to construct and/ or permit to operate for a facility under this Rule sh all not relieve the owner and operator of the facility from the responsibility to comply fully with all applicable provisions of the state implementation plan for California and all other requirements under local, California and federal law. 2 - 1 - 400 AD MINISTRATIVE REQUIRE MENTS 2 - 1 - 401 Persons Affected: Any person who has been granted or requires an authority to

construct shall secure a permit to operate. Any person who is not required to obtain an authority to construct and who is required to obtain a p ermit to operate shall secure a permit to operate. In addition, the following shall apply for a permit to operate for any source which is not subject to an exemption per Sections 2
- 1
- 103, 105, or 113 through 2
- 1
- 129: 401.1 On or before July 1, 1980, person s who operate a facility causing emissions of 2.5 tons per year or more of a regulated air pollutant. 401.2 On or before July 1, 1980, persons who operate gasoline terminals, bulk plants and facilities that dispense gasoline for sale or dispense more than 60,000 gallons of gasoline per year. 401.3 Persons who operate coating, adhesive, dipping, laminating, printing, screening, masking, electrodeposition, resist application, or similar source or equipment at any facility whose coating, adhesive, dipping, lam inating, printing, screening, masking, electrodeposition, resist application, or similar source or equipment consume greater than 30 gallons of coating and emit 150 pounds of VOC per year or more on a facility wide basis, resulting from the applications of coatings. Upon request of the applicant, the APCO may group coating operations which individually emit less than 150 lb/yr into a single facility
- wide source, or other convenient grouping.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 31 401.4 Persons who operate surface preparation and cleaning equipme nt or operations which use unheated solvent solutions containing more than 10 percent VOC and which contain more than 1 gallon of solvent or have a liquid surface area of more than 1 ft. 2 , including wipe cleaning operations with a net solvent usage greater than 20 gallons per year, and that emit 150 pounds of VOC per year or more, on a facility
- wide basis. Upon request of the applicant, the APCO may group wipe cleaning operations into a single facility
- wide source, or other convenient groupings. 401.5 Perso ns who plan to modify an existing source or install a new source which qualifies for the Accelerated Permitting Program in Section 2
- 1
- 106 shall first submit a complete permit application, in accordance with Section 2
- 1
- 302.2. 401.6 Persons who operate a s ource that is subject to either loss of exemption or exclusion per section 2
- 1
- 414 or 2
- 1
- 424. 401.7 Persons who operate a source constructed after July 1, 1972. 401.8 On or before July 1, 2005, any person who operates a crematorium for the cremation of hu man remains. (Amended 4/16/86; 1/7/87; 7/17/91; 6/7/95; 10/7/98; 5/17/00; 12/21/04) 2 - 1 - 402 Applications: Every application for an authority to construct or a permit to operate

shall be submitted to the APCO on the forms specified, and shall contain all of the following information : 402.1 Sufficient information for the APCO to determine the emissions from the source s that are the subject of the application, and to quantify emissions from the sources of any emission reduction credits that will be relied upo n as part of the application

. 402.2 Any information requested by the APCO in order to determine the air quality impact from sources that are the subject of the application. 402.3 All applicable fees, as described in Regulation 3. 402.4 If the application i s subject to the New Source Review requirements of Regulation 2, Rule 2, all information required under Section 2
- 2
- 401. 402.5 CEQA
- related information that satisfies the requirements of Section 2
- 1
- 426. 4 02.6 A certification stating whether the source tri ggers the requirements of Section 2
- 1
- 412. 402.7 A specific designation of any information contained in the application that the applicant asserts is trade secret pursuant to Section 6254.7 of the Government Code. The applicant shall submit two copies of e ach page containing trade secret information. One copy shall be clearly labeled “Trade Secret,” and each trade secret item shall be clearly marked. The second copy shall be clearly labeled “Public Copy,” and each trade secret item shall be redacted. The ap plicant shall include, for each item which it assert s to be a trade secret, a statement signed by a responsible representative of the applicant identifying that portion of Government Code Section 6254.7 (d) upon which the assertion is based and a brief stat ement setting forth the basis for this assertion. 402.8 Any other information requested by the APCO as necessary to determine whether the new, modified or altered source will comply with applicable regulatory requirements. The application must contain suf ficient information to enable the APCO to make a decision or a preliminary decision on the application and/or on any exemptions authorized by this Regulation. The APCO may consult with appropriate local andBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 32 regional agencies to determine whether the applic ation conforms with adopted plans and with local permit requirements. 2 - 1 - 403 Permit Conditions: Except as to permit applications reviewed in accordance with

Section 2
- 1
- 311, the APCO may impose any permit condition that he deems reasonably necessary to in sure compliance with federal or California law or District regulations. For any permit application which was reviewed as a ministerial project in accordance with Section 2
- 1
- 311, the APCO shall only impose permit conditions as set forth in the District's P ermit Handbook for the type of source being permitted. The APCO may require the installation of devices for measurement or analysis of source emissions or ground
- level concentrations of air contaminants. (Amended 7/17/91; 10/7/98) 2 - 1 - 404 Changes in Throug hput and Hours of Operation: After a permit to operate has

been issued, in accordance with subsections 2
- 1
- 401.1 through 401.4, changes in hours of operation, fuels, process materials or throughput are allowed only if emissions resulting from such changes are not of such quantity as would cause denial of an authority to construct after an air quality permit analysis made pursuant to the provisions of Rule 2 of this Regulation. "Change" is the use of a process or fuel not used in the prior 12 months, or a th roughput level higher than the highest level in the prior 12 months or total monthly operating hours higher than any month in the prior 12 months. 404.1 The holder of a permit to operate shall advise the APCO not more than 30 days after any changes in hour s of operation, fuels, process materials or throughput which might increase emissions. 404.2 The APCO shall act to revoke the permit to operate of any person who fails to comply with the requirements of this Section. (Amended July 17, 1991) 2 - 1 - 405 Posting of Permit to Operate: A copy of the permit to operate, including all relevant

permit conditions, shall be accessible to personnel who operate the equipment for which the permit has been issued. These documents shall be included on site in the operator’s m anual, or shall be accessible to the operators electronically. (Amended 5/17/00; 11/15/00) 2 - 1 - 406 Transfer: An authority to construct or a permit to operate shall not be transferable

from one facility to another. An authority to construct or a permit to o perate shall not be transferable from one person to another without obtaining written permission of the APCO. 2 - 1 - 407 Authority to Construct Expiration: An authority to construct shall expire two years

after the date of issuance, unless the authority to co nstruct has been renewed. Upon receipt of a written request and any required fees prior to the expiration of the authority to construct, the APCO shall renew the authority to construct in writing if the APCO determines that the renewal complies with this section and that the holder of the authority to construct is not violating any provision or condition of the authority. If the APCO does not act on such a request prior to expiration of the authority to construct, the authority shall remain in effect unti l the APCO has acted to approve or deny the renewal request (up to a maximum of an additional 12 months)

. 407.1 The following requirements shall apply to renewals: 1.1 Except as provided in Sections 2
- 1
- 407.2 and 407.3, an authority to construct may be ren ewed one time for an additional two years

. 1.2 Except for renewals pursuant to Section 2
- 1
- 407.3, renewal is contingent upon meeting the current BACT and offset requirements of Regulation 2
- 2
- 301, 302 and 303

.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 33 1.3 Except as provided in Sections 2
- 1
- 407.2 and 407.3, an authority to construct that has been renewed shall expire four years after the date of original issuance. 407.2 If the authority to construct was issued pursuant to an environmental impact report (EIR) that explicitly covered a construction period longer than four years, the authority to construct shall, upon request by the applicant, be renewed for additional two
- year terms throughout the construction period covered by the EIR. 407.3 If substantial use of the authority to construct has begun , either during the initial term or during a renewal term, the authority to construct shall, upon request by the applicant, be renewed for additional two
- year terms until the permit to operate is issued, or, if a term of less than two years is requested, f or such term as is requested. (Amended 7/17/91; Amended 10/7/98; 6/1/05) 2 - 1 - 408 Action on Applications: Except for applications subject to Section 2
- 1
- 412, the

publication and public notice requirements of Section 2
- 2
- 404 or Section 2
- 10
- 402, or to the pr ovisions of Rule 6 of this Regulation, the APCO shall notify the applicant in writing of approval, approval with conditions, or denial of the application within 35 working days of receipt of a completed application, unless the time is extended with the wri tten consent of the applicant. 408.1 Notwithstanding this 35
- working
- day limit, the APCO shall not take final action for any project for which an Environmental Impact Report or a Negative Declaration has been prepared until a Final EIR for that project ha s been certified or a Negative Declaration for that project has been approved, and the APCO has considered the information in that Final EIR or Negative Declaration. For cases in which the 35 working
- day time period has elapsed, the APCO shall take final a ction on the application within 30 days after the certification of the Final EIR or approval of the Negative Declaration , or after final resolution of any appeals from such certification or approval . This subsection shall not apply to any project that is e xempt from the District's CEQA requirements pursuant to Section 2
- 1
- 311 or 2
- 1
- 312. Any substantive change to an application which occurs after the evaluation period has begun shall allow the APCO to start a new completeness review period, and to reset the 35 working
- day limit after the application has been deemed complete.

(Amended 11/1/89; 7/17/91; 11/20/91; 11/3/93; 6/7/95; 10/7/98; 12/21/04; 7/19/06) 2 - 1 - 409 Regulations in Force Govern: The decision as to whether an authority to construct

shall be grant ed or denied shall be based on federal, state and District BACT, offset, TBACT, and project risk regulations or standards in force on the date the application is declared by the APCO to be complete. (Amended June 15, 2005) 2 - 1 - 410 Appeal: The following act ions of the APCO may be appealed:

410.1 In accordance with Section 42302 of the Health and Safety Code an applicant for an authority to construct which has been denied may request, within 30 days after receipt of the written notice to deny, the Hearing Boa rd of the District to hold a hearing on whether or not the authority to construct was properly denied. 410.2 In accordance with Section 42302.1 of the Health and Safety Code, within 30 days of any decision of the APCO, pertaining to the issuance of an auth ority to construct, any aggrieved person who, in person or through a representative, appeared, submitted written testimony, or otherwiseBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 34 participated in the action before the District may request the Hearing Board of the District to hold a public hearing t o determine whether the authority to construct was properly issued or for an order modifying or reversing that decision. Such appeals shall be filed in writing and contain a summary of the issues to be raised. The Hearing Board shall consider the appeal at a public hearing within 30 days of the filing of the appeal. The Hearing Board may reverse or modify the decision of the APCO if it determines that the decision was erroneous. 410.3 In accordance with Section 40724.6(g) of the Health and Safety Code, a pe rmitholder of a large confined animal facility may appeal any District determination or decision made under Regulation 2, Rule 10, in accordance with Section 2
- 1
- 410.2. (Amended 7/17/91; 11/20/91; 5/17/00; 7/19/06) 2 - 1 - 411 Permit to Operate, Final Action: The APCO shall take final action to approve,

approve with conditions, or disapprove a permit to operate a source subject to this rule within 90 days after the initial date of the start
- up period of the new or modified source , unless such time period is ext ended with the written concurrence of the APCO and the applicant

. An authority to construct authorizes operation of the source during the start
- up period. All conditions, specific or implied, of the authority to construct are in effect during the entire s tart
- up period. 411.1 Notwithstanding the above, final action taken on permits issued pursuant

to Rule 6 of this Regulation shall be in accordance with the provisions of Section 2
- 6
- 410. 411.2 A permit approved under this section must be signed by the perm it holder

or by a person authorized to sign on behalf of the permit holder. (Adopted 10/19/83; Amended 7/17/91; 11/3/93; 10/7/98; 12/21/04) 2 - 1 - 412 Public Notice, Schools: Prior to approving an application for an authority to

construct or permit to opera te for a new or modified source located within 1000 feet of the outer boundary of a K
- 12 schoolsite and which results in the increase in emissions of any substance into the ambient air which has been identified by the California Air Resources Board or the APCO as a toxic air contaminant or a hazardous air contaminant or which is on the list required to be prepared pursuant to subdivision (a) of Section 25532 or Section 44321 subsections (a) to (f) inclusive of the Health and Safety Code, the APCO shall: 412 .1 Prepare a public notice in which the proposed new or modified source, and the proposed emissions, are fully described. 412.2 Distribute the notice, prepared in accordance with subsection 2
- 1
- 412.1 at the expense of the applicant, to the parents or guard ians of children enrolled in any school within one
- quarter mile of the source and to each address within a radius of 1000 feet of the source. This notice shall be distributed at least 30 days prior to the date final action on the application is to be taken by the APCO. The APCO shall review and consider all comments received during the 30 days after the notice is distributed, and shall include written responses to the comments in the permit application file prior to taking final action on the application. 4 12.3 Failure of any person to receive the notice shall not affect the validity of the authority to construct or permit to operate issued by the APCO, if the APCO or applicant responsible for giving the notice has made a good faith effort to follow the proc edures for giving the notice prescribed by law.Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 35 (Adopted 11/1/89; Amended 10/7/98; 5/17/00) 2 - 1 - 413 Permits for Operat ion of Equipment at Multiple Locations Within the District:

Any person required to obtain an authority to construct and /or permit to opera te under Sections 2
- 1
- 301 and /or 302 for a source that may be operated at multiple locations within the District can apply for a single multiple
- location permit that will allow the source to operate at more than one location in the District . The APCO shal l issue the permit , upon payment of standard filing, initial and permit to operate fees as set forth in Regulation 3, if the source satisfies all of the following requirements: 413.1 The source will not emit more than 10 tons per year of any regulated air pollutant, including POC, CO, NOx, PM 2.5 , PM 10 , NPOC or SO 2 . For PM 2.5 and PM 10 , fugitive particulate emissions from haul road traffic shall not be counted toward the annual limit. 413.2 The source will comply with all applicable provisions of Regulation 2 , Rule 5. 413. 3 The source will not be operated within 1000 feet of the outer boundary of any K
- 12 school site, unless the applicable notice requirements of Health and Safety Code Section 42301.6 have been met. 413. 4 Operation of the source will not cause a public nuisance per Regulation 1
- 301. 413.5 The operation must be exempt from CEQA, or must be covered by a chapter in the District's Permit Handbook. 413.6 The equipment will not cause a Synthetic Minor Facility to exceed a federally enforceable emiss ion limit. If the source no longer satisfies any of these requirements, it shall be subject to the requirements of Regulation 2, Rule s 1, 2, and 5 , as if it were a new source. (Adopted June 7, 1995) 2 - 1 - 414 Loss of Exemption, Public Nuisance: Any source subject to Section 2
- 1
- 317 shall

be subject to permit conditions deemed necessary by the District to minimize the potential for future violations. If the owner/operator can demonstrate that the source has neither received a public nuisance violation nor re ceived a confirmed complaint for a two year period after the permit was issued, then the owner/operator may submit a written petition to the APCO to remove the permit requirement. Such a petition is subject to APCO approval. (Adopted June 7, 1995) 2 - 1 - 415 Source Pre - Certification Procedure: Any person may submit a written request to

pre - certify a source as complying with applicable BACT requirements , for the purposes of qualifying the source for the Accelerated Permitting Program under Section 2
- 1
- 302.2.1.1 . Such a request will be evaluated within 60 days of receipt of the information listed below. The APCO may also independently pre
- certify a source. The APCO shall maintain a list of pre
- certified equipment, and shall make this list available to industry th rough the Public Information & Education Division. A pre
certification request shall include all of the following: 415.1 A complete description of the source, including make, model number, rated capacity and emission calculations at maximum operating rate; 415.2 Applicable BACT requirements; 415.3 Proposed permit conditions governing operation of the source; and 415.4 Applicable fees, as described in Regulation 3, Section 323. (Adopted June 7, 1995) 2 - 1 - 416 Temporary Amnesty for Unpermitted Sources: The APC O has the authority to

declare an amnesty period, during which the District may waive all or part of theBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 36 penalty fees, including late fees and retroactive permit fees, for sources that are currently operating without valid Permits to Operate. (Adopted 6/7/ 95; 12/21/04) 2 - 1 - 420 Suspension: The APCO may suspend a permit if, within a reasonable time, the

holder of the permit willfully fails or refuses to furnish requested information, analyses, plans or specifications relating to emissions from the source for which the permit was issued. The APCO shall serve notice in writing of a suspension, and the reasons therefor, on the holder of the permit. A suspension shall become effective 5 days after notice has been served. 2 - 1 - 421 Appeal from Suspension: Within 10 d ays after the receipt of the notice of

suspension, the permit holder may request the Hearing Board to hold a hearing to determine whether or not the permit was properly suspended. 2 - 1 - 422 Revocation: The APCO may request the Hearing Board to hold a hearing to

determine whether an authority to construct and/or permit to operate should be revoked if it is found that the holder of an authority to construct or permit to operate is violating any applicable order, rule or regulation of the District, or is violati ng any provision or condition of the authority to construct or permit to operate. (Amended May 17, 2000) 2 - 1 - 423 Hearings: Within 30 days after receipt of requests submitted pursuant to Sections 2
-

1
- 421 and 422, the Hearing Board shall hold a hearing as pr ovided by Section 42308 of the California Health and Safety Code and may take action as authorized by Section 42309 of the California Health and Safety Code. (Amended July 17, 1991) 2 - 1 - 424 Loss of Exemption or Exclusion: Within 90 days of written notifica tion by the APCO

of the need for a permit any person who operates a source which does not require a District permit or, for a large confined animal facility subject to Regulation 2, Rule 10 in existence on July 17, 2006, within 180 days of that date, who l oses an exemption or exclusion because of changes in federal, California or District laws or regulations shall submit a complete permit application for the subject source, as defined Section 2
- 1
- 202. A person who holds a valid permit to operate for the sub ject source need not reapply. (Adopted 4/16/86; Amended 6/7/95; 10/7/98; 7/19/06) 2 - 1 - 425 Sources of Toxic Air Contaminants: Any person who does not hold a valid permit

to operate in accordance with Section 2
- 1
- 401 and emits, in quantities determined to be appropriate by the APCO, any toxic air contaminant, shall within 90 days of written notice by the APCO of the need for a permit to operate, complete a permit application for the subject source, in accordance with the applicable requirements of Section 2
- 1
- 202 or Section 2
- 1
- 302.2. (Amended June 7, 1995) 2 - 1 - 426 CEQA - Related Information Requirements: Unless a project for which an authority

to construct is sought is exempt from the District's CEQA requirements pursuant to Section 2
- 1
- 311 or 2
- 1
- 312 of this R ule, applicants for authorities to construct shall provide, as part of a complete application, the following CEQA
- related information: 426.1 A preliminary environmental study which shall describe the proposed project and discuss any potential significant a dverse environmental impacts, alternatives to the project, and any necessary mitigation measures to minimize adverse impacts. The preliminary environmental study shall include all activities involved in the project and shall not be limited to those activit ies affecting air quality. In preparing the preliminary environmental study, the applicant may utilize the Environmental Information Form in Appendix H ofBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 37 the State CEQA Guidelines or an equivalent format specified by the APCO. (see also Appendix G, Signif icant Effects.) The preliminary environmental study shall list all other local, state and federal governmental agencies that require permits for the project and indicate any environmental documentation required by such agencies; or 426.2 When an agency oth er than the District is to be the Lead Agency under CEQA, either: 2.1 A Draft or Final Environmental Impact Report prepared by or under the supervision of the Lead Agency; or 2.2 A contract for the preparation of a Draft Environmental Impact Report execute d by the Lead Agency together with the Initial Study prepared by the Lead Agency; or 2.3 A Negative Declaration prepared by the Lead Agency; or 2.4 A Notice of Preparation of a Draft EIR prepared by the Lead Agency; 2.5 A copy of the Initial Study prepared by the Lead Agency, or 2.6 A commitment in writing from another agency indicating that it has assumed the role of Lead Agency for the project in question. (Adopted 11/20/91; Amended 10/7/98) 2 - 1 - 427 Procedure for Ministerial Evaluations: The District shal l review each permit

application prior to finding that it is complete in order to determine whether its evaluation of the permit application is covered by the specific procedures, fixed standards and objective measurements set forth in the District's Permi t Handbook and BACT/TBACT Workbook. If the District determines that its evaluation of the permit application is covered by specific procedures, fixed standards and objective measurements set forth in the District's Permit Handbook and BACT/TBACT Workbook, the District's evaluation of that permit application will be classified as ministerial and the engineering evaluation of the permit application by the District will be limited to the use of said specific procedures, fixed standards and objective measuremen ts. For such projects, the District will merely apply the law to the facts as presented in the permit application, and the District's decision regarding whether to issue the permit will be based only on the criteria set forth in Section 2
- 1
- 428 and in the District's Permit Handbook and BACT/TBACT Workbook. (Adopted 11/20/91; Amended 10/7/98) 2 - 1 - 428 Criteria for Approval of Ministerial Permit Applications: If the District classifies a

permit application as ministerial pursuant to Section 2
- 1
- 427, and as a result of its evaluation of that permit application, the District determines that all of the following criteria are met, the issuance by the District of an Authority to Construct for the proposed new or modified source will be a mandatory ministerial duty. 428.1 The proposed new or modified source will comply with all applicable provisions of the District's Rules and Regulations and with all applicable provisions of state and federal law and regulations which the District has the duty to enforce; 428.2 The emissions from the proposed project can be calculated using standardized emission factors from published governmental sources, District source test results, established formulas from published engineering and scientific handbooks, material safety data shee ts or other similar published literature, manufacturer’s warranties or other fixed standards as set forth in the District's Permit Handbook and BACT/TBACT Workbook; 428.3 Where Best Available Control Technology is required, BACT for the proposed new or mod ified source can be determined based on the latest edition of theBay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 38 ARB’s BACT/LAER Clearinghouse, on the District's own compilations of BACT levels for specific types of sources as set forth in the District's Permit Handbook and BACT/TBACT Workbook or on a more stringent BACT level proposed by the project proponent; and 428.4 If the proposed new or modified source involves the shutdown of an existing source, the Reasonably Available Control Technology applicable to the source to be shut down can be determine d from existing provisions of the District's Rules and Regulations or from the District's own compilations of BACT levels for specific types of sources as set forth in District's Permit Handbook and BACT/TBACT Workbook. 428.5 For proposed new and modified sources that are subject to Regulation 2, Rule 5, the project meets the project risk requirement of Regulation 2
- 5
- 302. 428
- 6 Where Best Available Control Technology for Toxics (TBACT) is required pursuant to Regulation 2
- 5
- 301, TBACT for the proposed new or modified source can be determined based on TBACT determinations in the District’s BACT/TBACT Workbook, an EPA MACT standard, a CARB ATCM, or a more stringent TBACT level proposed by the applicant that is applicable to the specific source type or source category being evaluated. In addition, when the District has issued an authority to construct for a proposed new or modified source as a ministerial project, the issuance of the permit to operate for that source will also be a mandatory ministerial duty i f the source will meet all the conditions imposed in connection with the issuance of the authority to construct and all applicable laws, rules and regulations enforced by the District. (Adopted 11/20/91; Amended 10/7/98; 6/15/05) 2 - 1 - 429 Federal Emissions Statement: The owner or operator of any facility that emits or

may emit oxides of nitrogen or volatile organic compounds shall provide the APCO with a written statement, in such form as the APCO prescribes, showing actual emissions of oxides of nitrogen an d volatile organic compounds from that facility . At a minimum the emission statement shall contain all of the information contained in the Air Resources Board’s Emission Inventory Turn Around Document as described in Instructions for the Emission Data Syst em Review and Update Report. The statement shall also contain a certification by a responsible official of the company or facility that the information contained in the statement is accurate to the best knowledge of the individual certifying the statement. Effective November 1, 1994, the statement shall be submitted to the District each year with the annual permit renewal. The APCO may waive this requirement for any class or category of facilities that emit less that 25 tons per year of oxides of nitrogen a nd volatile organic compounds, each taken separately, if the District provides the Air Resources Board with emission inventories of facilities emitting greater than 10 tons per year of either oxides of nitrogen or volatile organic compounds based on the us e of emission factors acceptable to the Air Resources Board and the U.S. Environmental Protection Agency (EPA). A current list of classes and categories of facilities for which this requirement has been waived by the APCO will be kept by the District and m ade available upon request. Also, for purposes of reporting emission data to the Air Resources Board and to the EPA, the District will provide calendar year and peak ambient ozone season data determined through weighted averaging of current and prior year (if available) company/facility reported certified information. This Section is required by the provisions of Section 182(a)(3)(B) of the Clean Air Act. (Adopted 11/4/92; Amended 6/15/94; 6/7/95; 12/21/04)Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 39 2 - 1 - 430 Maintenance of the Permit Handbook and BAC T/TBACT Workbook: The APCO

shall publish and maintain the Permit Handbook and BACT/TBACT Workbook as needed to reflect the current procedure for review and issuance of permits, and the most recent determination of BACT/TBACT for a given source category. (A dopted October 7, 1998) 2 - 1 - 431 Date of Completion: The APCO shall deem an application to be complete on the

date that the information and fees required to complete the application were received by the District. (Adopted May 17, 2000) 2 - 1 - 432 Determination of Complete Application: Except for an application which is subject

to the publication and public comment requirements of Section 2
- 2
- 404 , the APCO shall determine whether an application for an authority to construct is complete not later than 15 working days following receipt of the application, or after a longer time period agreed upon by both the applicant and the APCO. If the APCO determines that the application is not complete, the applicant shall be notified in writing of the decision, specifying th e information that is required. Upon receipt of any resubmittal of the application a new 15 working day period to determine completeness shall begin. For an application which is subject to the publication and public comment requirements of Section 2
- 2
- 40 4 or Section 2
- 10
- 402, the completeness review period(s) shall be 30 days. The application shall be deemed complete on the date of receipt of all information required for completeness. Upon determination that the application is complete, the APCO shall n otify the applicant in writing. If applicable, such written notification shall include the District's determination that its evaluation of the application will be covered by the specific procedures, fixed standards and objective measurements set forth in the District’s Permit Handbook and that the District's evaluation of that permit application will be classified as ministerial and will accordingly be exempt from CEQA review. Thereafter only information regarding offsets, or information to clarify, corre ct or otherwise supplement the information submitted in the application may be requested. (Adopted 12/ 21/04; Amended 6/19/06) 2 - 1 - 500 MONITORING AND RECOR DS 2 - 1 - 501 Monitors: Continuous emission monitors required pursuant to Section 2
- 1
- 403 shall

comply w ith the provisions of Volume V of the Manual of Procedures. (Adopted March 17, 1982) 2 - 1 - 502 Burden of Proof: Any person asserting that a source is exempt from the

requirements of Regulation 2, Rule 1, Section 301 and/or 302, shall, upon the request of the APCO, provide substantial credible evidence proving to the APCO that the source meets all requirements necessary to qualify for the exemption. (Adopted May 17, 2000) 2 - 1 - 600 MANUAL OF PROCEDURES 2 - 1 - 601 Engineering Permitting Procedures: The specific proc edures for the engineering

evaluation of particular types of sources as well as specific fixed standards and objective measurements upon which the District will rely in its evaluation of ministerial permit applications are set forth in the District's Permi t Handbook and BACT/TBACT Workbook. (Adopted 7/17/91; Amended 10/7/98)Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 40 2 - 1 - 602 CEQA Guidelines: The District's Guidelines for Environmental Processes under

CEQA for those cases in which the District assumes the role of Lead Agency are set forth in Volume V II to the District's Manual of Procedures and in the Permit Handbook. (Adopted 11/20/91; Amended 6/7/95) 2 - 1 - 603 Particulate Matter Measurements: PM 2.5 and PM 10 shall be measured as prescribed

in EPA Methods 201A and 202 (for measurements of emissions from specific sources ) and in 40 C.F.R. Parts 50, 53 and 58 (for measurements of ambient concentrations ). If such test methods cannot be used because the physical characteristics of the emissions being measured render such methods inappropriate (e.g., because of the emissions’ high moisture content or high temperature), then another appropriate test method may be used upon prior written approval of the APCO and EPA

. ( Adopted December 19, 2012 ) 2 - 1 - 604 Determining Compliance With Historical PM 10 and PM 2.5 E mission Limits: For

purposes of determining a source’s compliance with any PM 10 or PM 2.5 emission limit established as a permit cond i tion pursuant to Regulation 2 prior to <insert effective date of regulation>, the condensable portion of the source’s PM 10 or PM 2.5 emissions shall not be included , unless there is an affirmative indication that such condensable portion was intended to be included at the time the permit condition was adopted. (Adopted December 19, 2012 ) 2 - 1 - 605 Finality of Historical PM 10 an d PM 2.5 Regulatory Determinations: Regulatory

determinations regarding the applicability of or compliance with any of the requirements of Regulation 2 made before <insert effective date of regulation> shall be final and shall not be invalid because they di d not take into account the condensable portion of a source’s PM 2.5 or PM 10 emissions. Such historical determinations include (but are not limited to) prior determinations whether BACT and offsets requirements apply, prior determinations of the amount of a facility’s cumulative increase, and prior determinations whether T itle V permit requirements applied to a facility’s operation . All such determinations made on or after <insert effective date of regulation> shall include the condensable portion per the requirements of Section s 2
- 1
- 229 and 2
- 1
- 241, including (but not limited to) determinations regarding whether an existing facility’s ongoing operations are subject to any applicable operating requirements such as Title V Major Facility Review requirements

. (Adopted December 19, 2012 )Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 41Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 1
- 42