Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012

2-1-1

REGULATION 2

PERMITS

RULE 1

GENERAL REQUIREMENTS

INDEX

2-1-100 GENERAL

2-1-101 Description

2-1-102 Applicability to Other Rules in Regulation 2

2-1-103 Exemption, Source not Subject to any District Rule

2-1-104 Deleted October 7, 1998

2-1-105 Exemption, Registered Statewide Portable Equipment

2-1-106 Limited Exemption, Accelerated Permitting Program

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

2-1-114 Exemption, Combustion Equipment

2-1-115 Exemption, Particulate Sources at Quarries, Mineral Processing and Biomass 

Facilities

2-1-116 Exemption, Furnaces, Ovens and Kilns

2-1-117 Exemption, Food and Agricultural Equipment

2-1-118 Exemption, Surface Preparation and Cleaning Equipment

2-1-119 Exemption, Surface Coating and Printing Equipment

2-1-120 Exemption, Dry Cleaning Equipment

2-1-121 Exemption, Material Working and Handling Equipment

2-1-122 Exemption, Casting and Molding Equipment

2-1-123 Exemption, Liquid Storage and Loading Equipment

2-1-124 Exemption, Semiconductor Manufacturing

2-1-125 Exemption, Printed Circuit Board Manufacturing Equipment

2-1-126 Exemption, Testing Equipment

2-1-127 Exemption, Chemical Processing Equipment

2-1-128 Exemption, Miscellaneous Equipment

2-1-129 Major Facility Review

2-1-130 Effect of Explanatory Notes

2-1-200 DEFINITIONS

2-1-201 Deleted

2-1-202 Complete Application

2-1-203 Fugitive Emissions

2-1-204 Deleted

2-1-205 Deleted

2-1-206 Deleted

2-1-207 Organic Compound, Non-Precursor (NPOC)
Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012

2-1-2

2-1-208 Organic Compound, Precursor

2-1-209 Deleted

2-1-210 Start-Up Period

2-1-211 CEQA

2-1-212 EIR

2-1-213 Facility

2-1-214 Federally Enforceable

2-1-215 Hazardous Air Pollutant (HAP)

2-1-216 Deleted

2-1-217 Potential to Emit

2-1-218 Regulated Air Pollutant

2-1-219 Deleted

2-1-220 Deleted 

2-1-221 Source

2-1-222 Toxic Air Contaminant (TAC)

2-1-223 Year

2-1-224 Responsible Laboratory Management Practices

2-1-225 Deleted

2-1-226 Statewide Portable Equipment Registration Program

2-1-227 Substantial Use

2-1-228 Particulate Matter

2-1-229 PM10

2-1-230 Functionally Equivalent

2-1-231 Semiconductor Fabrication Area

2-1-232 New Source

2-1-233 Alter

2-1-234 Modify

2-1-235 Deleted

2-1-236 Deleted

2-1-237 BACT/TBACT Workbook

2-1-238 Clean Air Act

2-1-239 Agricultural Source

2-1-240 Graphic Arts Operation

2-1-241 PM2.5

2-1-242 Support Facility

2-1-300 STANDARDS

2-1-301 Authority to Construct

2-1-302 Permit to Operate

2-1-303 Fees

2-1-304 Denial, Failure to Meet Emission Limitations

2-1-305 Conformance with Authority to Construct

2-1-306 Mandated Reductions Not Applicable

2-1-307 Failure to Meet Permit Conditions

2-1-308 Fugitive Emissions

2-1-309 Canceled Application

2-1-310 Applicability of CEQA

2-1-311 Ministerial Projects

2-1-312 Other Categories of Exempt Projects
Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012

2-1-3

2-1-313 Projects Not Exempt From CEQA Review

2-1-314 Case-by-Case CEQA Determinations

2-1-315 Denial, Failure to Mitigate Significant Adverse Environmental Impacts

2-1-316 New or Modified Sources of Toxic Air Contaminants or Hazardous Air Pollutants

2-1-317 Public Nuisance Sources

2-1-318 Hazardous Substances

2-1-319 Source Expressly Subject to Permitting Requirements

2-1-320 Compliance With Material Representations Made In Connection With Permit 

Applications

2-1-321 Compliance With Provisions of State Implementation Plan and Other Requirements 

of Local, California and Federal Law 

2-1-400 ADMINISTRATIVE REQUIREMENTS

2-1-401 Persons Affected

2-1-402 Applications

2-1-403 Permit Conditions

2-1-404 Changes in Throughput and Hours of Operation

2-1-405 Posting of Permit to Operate

2-1-406 Transfer

2-1-407 Authority to Construct Expiration

2-1-408 Action on Applications

2-1-409 Regulations in Force Govern

2-1-410 Appeal

2-1-411 Permit to Operate, Final Action

2-1-412 Public Notice, Schools

2-1-413 Permits for Operation at Multiple Locations Within the District

2-1-414 Loss of Exemption, Public Nuisance

2-1-415 Source Pre-Certification Procedure

2-1-416 Temporary Amnesty for Unpermitted Sources

2-1-420 Suspension

2-1-421 Appeal from Suspension

2-1-422 Revocation

2-1-423 Hearings

2-1-424 Loss of Exemption

2-1-425 Sources of Toxic Air Contaminants

2-1-426 CEQA-Related Information Requirements

2-1-427 Procedure for Ministerial Evaluations

2-1-428 Criteria for Approval of Ministerial Permit Applications

2-1-429 Federal Emissions Statement

2-1-430 Maintenance of the Permit Handbook and BACT/TBACT Workbook

2-1-431 Date of Completion

2-1-432 Determination of Complete Application

2-1-500 MONITORING AND RECORDS

2-1-501 Monitors

2-1-502 Burden of Proof

2-1-600 MANUAL OF PROCEDURES
Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012

2-1-4

2-1-601 Engineering Permitting Procedures

2-1-602 CEQA Guidelines

2-1-603 Particulate Matter Measurements

2-1-604 Determining Compliance with Historical PM10 and PM2.5 Emission Limits

2-1-605 Finality of Historical PM10 and PM2.5 Regulatory Determinations
Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012

2-1-5

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 2-1-101, Permit/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 2-1-302 until such time as an application for return to exempt 

status is approved.

(Amended 7/17/91; 6/7/95; 5/17/00; 12/21/04)

2-1-102 Applicability 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 2-1-301 and 302 as set forth in Sections 2-

1-105 to 2-1-128, is exempt from Section 2-1-301 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) excluding Rules 1 through 4, or Regulations 9 

through 12; and

103.2 The source is not subject to any of the provisions of Sections 2-1-316 through 

319; and

103.3 Actual emissions of precursor organic compounds (POC), non-precursor 

organic compounds (NPOC), nitrogen oxides (NOx), sulfur dioxide (SO2), 

PM2.5, PM10 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 pollutant; 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 purposes of this section, Regulation 6 applicability shall be limited to the 

following types of sources that emit PM2.5 and PM10: combustion source; material 

handling/processing; sand, gravel or rock processing; cement, concrete and asphaltic concrete 

production; tub grinder; or similar PM2.5 and PM10-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 provisions 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

2-1-6

2-1-104 Deleted October 7, 1998

2-1-105 Exemption, Registered Statewide Portable Equipment: Equipment that complies 

with all applicable requirements 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 2-1-301 and 302. 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 2-1-316 through 319, any new source or modification or 

alteration of an existing source is exempt from the Authority to Construct 

requirements of Section 2-1-301 if it has received a temporary Permit to Operate

under the Accelerated Permitting Program set forth in Section 2-1-302.2. 

(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 

Sections 2-1-301 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 dust, 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 derived from agricultural operations shall not become 

ineligible for this exemption for processing material from nonagricultural 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 equipment 

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 2-1-301 and 302:

2.1 Road construction, widening and rerouting.

2.2 Restaurants, cafeterias and other retail establishments for the purpose 

of preparing 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

2-1-7

2.4 Any abatement device which is used solely to abate equipment that 

does not require an Authority to Construct or 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, Rules

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 Deleted 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 total number 

of fume hoods within the building is less than 50, provided that 

Responsible Laboratory Management Practices, as defined in Section 

2-1-224, 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, teaching laboratories that 

are exempt per Section 2-1-113.2.11 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 occur, 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 landfills 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 collection 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; 6/7/95; 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

2-1-8

2-1-114 Exemption, Combustion Equipment: The following equipment is exempt from the 

requirements of Sections 2-1-301 and 302, only if the source does not emit pollutants 

other than combustion products, and those 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 2-1-319.

114.1 Boilers, Heaters, Steam Generators, Duct Burners, and Similar Combustion 

Equipment:

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 

output 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 any 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 PM2.5 and PM10 sources are 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.

115.1 Sources located at quarrying; mineral or ore handling or processing; concrete 

production; asphaltic concrete 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 the 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 (yd3) 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 process 

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

2-1-9

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 Tub 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 facility with 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 2-1-301 and 302, provided that the source does not 

require permitting pursuant to Section 2-1-319.

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 

furnaces, 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 ovens 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. propane, 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 natural 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 Internal 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 Exemption, Food and Agricultural 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.
Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012

2-1-10

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 food 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 firing 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 10 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 2-1-301 and 302, provided 

that the source does not require permitting pursuant to Section 2-1-319.

118.1 Permanent abrasive blasting source, as defined by Regulation 12, Rule 4, 

that has a confined volume less than 100 cubic feet (ft3) and is abated by a 

particulate filter.

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 surface 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 2-1-114.
Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012

2-1-11

118.6 Equipment or operations which use unheated solvent and which contain less 

than 1 gallon of solvent or have a liquid surface area of less than 1 ft2. This 

exemption does not apply to solvent stations at semiconductor manufacturing 

operation fabrication areas or aerospace stripping operations.

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 less 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 2-1-401.4.

118.10 Any solvent cleaning or surface preparation source which employs only nonrefillable 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 Section 2-1-301 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 2-1-301 and 302, 

provided that the source does not require permitting pursuant to Section 2-1-319.

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 network.

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 exclusively 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 2-1-401.3.

119.3 Any coating source which employs 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, isobutane, 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

2-1-12

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 nonhalogenated solvent in any single year 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; the facility is in compliance with the registration requirement in 

Regulation 8, Rule 17, Section 404; and the equipment 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 2-1-301 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, 

planing, 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 emissions 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 provided 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 provided 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 for 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 lubricants 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 laminating.

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, provided that: (1) maximum fuel use rate is less than 10 

million BTU/hr; (2) no lubricant with an initial boiling point less than 400oF is 

used; and (3) organic emissions are 5 ton/yr or less.

121.14 Atmosphere generators used in connection with metal heat treating 

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 storing 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; Amended 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 Molds 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 unless 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 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.

123.1 Storage tanks and storage vessels having a capacity of less than 260 

gallons.

123.2 Tanks, 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 acid 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 Storage 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 

302oF and exceeds the actual storage temperature by at least 180oF. 

This exemption 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 130oF or higher, when stored or loaded at a temperature 

at least 36oF 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 soaps, 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 boiling point of less than 302oF.

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 

150oF or less.

123.4 Tank seal replacement. For any tank subject to Regulation 8, Rule 5, any 

new seal must comply 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 

pursuant 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 circuit 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 used 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 energy.

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 metals.

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 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.

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 

exclusively 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 commercial 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 exclusively 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 emissions 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 year 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 aeration 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, flanges, 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 

result 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., through 

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 

components 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 exceed 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 cells 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)

2-1-130 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 regulatory 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 requirements 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)

2-1-203 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 following are considered nonprecursor 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); dichlorodifluoromethane 

(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); 

parachlorobenzotrifluoride (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 (C4F9OCH3 or 

HFE–7100); 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCF2OCH3); 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 

(C4F9OC2H5 or HFE–7200); 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3)2CFCF2OC2H5); 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-C3F7OCH3, HFE–7000), 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE–7500), 

1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea), methyl formate (HCOOCH3), 

(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 fluorinated 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 be 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.

(Adopted 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 

21061.

(Adopted 7/17/91; 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 adjacent 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 of 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 (NESHAPS), 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 Part 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 condition (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 limitation 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 which 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 article, 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 mortality 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 Management 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 procedures 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 waste.
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 December 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 PM10: Particulate matter with aerodynamic diameter smaller than or equal to a 

nominal 10 microns. PM10 emissions shall include gaseous emissions 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 equipment 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 (except 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 nonoperation, 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-contiguous 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 source 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 absorption.

(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 set forth in Section 2-1-234. The 

APCO may impose permit conditions in an authority to construct or permit to operate 

for an 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 Modify: To make any physical change, change in method of operation, change in 

throughput or production, or other similar change at an existing source, that results 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 

potential to emit, determined according to the 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 source’s potential to emit, as provided for in Section 2-

2-217. 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. 

An 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 represent 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 limitation 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 physically 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 technical information available regarding the source’s 

operation, which may include design information, engineering 

specifications, or other information. A source’s potential to emit shall 
Bay 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 source 

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 is 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 2-5-208) 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 index 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, PM2.5, and SO2, a 

“major modification” as defined 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 modification” under Sections 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): all 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 subsections 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] 

2-1-236 [Deleted, December 19, 2012] 

2-1-237 BACT/TBACT Workbook: District guidelines setting 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 Air 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 propel 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 printing, 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)

2-1-241 PM2.5: Particulate matter with aerodynamic diameter smaller than or equal to a 

nominal 2.5 microns. PM2.5 emissions shall include gaseous emissions from a source

or activity that condense to form particulate matter at ambient temperatures. 

2-1-242 Support Facility: A facility that conveys, stores, or otherwise significantly assists in 

the production of the principal product of another facility. Per Section 2-1-213, a 

support facility is considered part of the principal facility that it supports for permitting 

purposes under Regulation 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, machine, 

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 

maintenance 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 the 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 or 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 to 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 Rule.

302.2 Permit to Operate, Accelerated Permitting Program: Unless 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, SO2, PM2.5, PM10, or CO in an amount of 10 pounds or 

more on any day, determined without taking into account the 
Bay 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 2-1-415; and

1.2 The source will not have the potential to emit toxic air 

contaminants in an amount that exceeds any of the trigger 

levels set forth in Table 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 Permitting 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 

categories 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-

319; and (vi) a certification that the applicant has reviewed all applicable New 

Source Performance Standards and has determined that the application will 

comply. The APCO shall issue a temporary Permit to Operate promptly upon 

determining that the application contains all of the elements required by (i)-

(vi) 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 final 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 requirements 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 NOx, POC, SO2, PM2.5, and PM10 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; 11/15/00)

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 applicable 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 Authority 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 reduction 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 reductions 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 reduction 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 violation 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 information 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 cancellation, 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 

stationary 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 

criteria 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 will 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 District 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 

connection 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 emissions 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 adopted 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 

alteration 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 15329 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 for 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 

provided 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 result in a chronic hazard index (as defined in 
Bay 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: Notwithstanding 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 said permit applications on a caseby-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-casereview, the District determines that the evaluation 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 regarding 

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 Agency 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 stationary 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 impacts 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 project, 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 other 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 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 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 pollutant 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;

Amended 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 Regulation 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 shall 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 criteria 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 2-2-223, 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, and
Bay 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 Amended 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 Sections 2-1-114 through 2-1-128, any 

source meeting any of the following criteria shall be subject to the 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)

2-1-320 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, provided such 

representations or information were material to the APCO’s decision to issue the 

authority to construct and/or permit to operate. Construction or operation 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 shall 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 ADMINISTRATIVE REQUIREMENTS

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 permit 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, persons 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, laminating, 

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 equipment 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 Persons 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 source 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 human 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

sources that are the subject of the application, and to quantify emissions from 

the sources of any emission reduction credits that will be relied upon 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 is 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.

402.6 A certification stating whether the source triggers 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 each 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 applicant shall include, for each item which it asserts 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 statement 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 sufficient 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 and 
Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012

2-1-32

regional agencies to determine whether the application 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 insure 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 Permit 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 Throughput 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 throughput 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 hours 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 manual, 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 operate 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 construct 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 until 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 renewed 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, 

for 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 provisions 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 written 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 has 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 action 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 exempt 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 granted 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 actions 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 Board 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 authority 

to construct, any aggrieved person who, in person or through a 

representative, appeared, submitted written testimony, or otherwise 
Bay 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 to 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 

permitholder 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 extended 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 start-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 permit 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 operate 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 guardians 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.

412.3 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 procedures 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 Operation of Equipment at Multiple Locations Within the District:

Any person required to obtain an authority to construct and/or permit to operate 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 shall 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, PM2.5, PM10, NPOC or SO2. For PM2.5

and PM10, 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 emission limit.

If the source no longer satisfies any of these requirements, it shall be subject to the 

requirements of Regulation 2, Rules 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 received 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 through the Public Information & Education Division. A precertification 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 APCO has the authority to 

declare an amnesty period, during which the District may waive all or part of the 
Bay 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 days 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 violating 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 provided 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 notification 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 loses 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 subject 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 Rule, 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 adverse 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 activities 

affecting air quality. In preparing the preliminary environmental study, the 

applicant may utilize the Environmental Information Form in Appendix H of 
Bay 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, Significant 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 other 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 

executed 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 shall 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 Permit 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 

measurements. 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 sheets 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 modified source can be determined based on the latest edition of the 
Bay 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 determined 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 if 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 and 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 System 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 and 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 use 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 made 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 BACT/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.

(Adopted 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 the 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 2-2-404 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 notify 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, correct 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 RECORDS

2-1-501 Monitors: Continuous emission monitors required pursuant to Section 2-1-403 shall 

comply with 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 procedures 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 Permit 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 VII 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: PM2.5 and PM10 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 PM10 and PM2.5 Emission Limits: For 

purposes of determining a source’s compliance with any PM10 or PM2.5 emission limit 

established as a permit condition pursuant to Regulation 2 prior to <insert effective 

date of regulation>, the condensable portion of the source’s PM10 or PM2.5 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 PM10 and PM2.5 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 did not take into account the 

condensable portion of a source’s PM2.5 or PM10 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 Title 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 Sections 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

2-1-41

START

No

Is source

excluded per Reg. 

1-110?

Is source

exempt per Section 

2-1-105 or 113?

Is source

exempt per 

Section 2-1-103, 

114 thru 128?

Permit To 

Operate 

Required

No

No

Is permit

required per 

Section 2-1-316 

thru 319?

No Yes

NO Registration 

or Permit to 

Operate 

Required

Yes

Yes

Yes

Regulation 2, Rule 1

Permit / Exemption Flow Chart

Figure 2-1-101

Is registration

required per 

Reg. 1-410?

Registration 

Required

No

Yes
Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012

2-1-42