Lake County 1978 SIP Compilation – Permit related rules

A review of the June 30, 1972 California SIP submittal for Lake County shows that Part VII –

Permits, pertaining to the permit program, was included in this submittal. The June 1972 

submittal was approved by EPA in its entirety. (40 CFR 52.220 (c)(6)) 

In August 1978, EPA published a compilation of the California SIP for each District. Part VII –

Permits, relating to the permit program are contained in this compilation. 

The current electronic version of California’s approved SIP, as shown on EPA’s web site does 

not list any of these rules as currently being approved in the SIP. However, EPA has no evidence 

that these rules were ever removed from or replaced in the SIP. In addition, EPA is not aware of 

any reason that required SIP elements for a minor source permit program would have been 

removed from the SIP without replacement. Therefore EPA finds that Part VII- Permits, as 

provided below, as submitted on June 30, 1972 and approved on September 22, 1972, remain a 

part of the Lake County portion of the California SIP. 

Below is a copy of the SIP approved rules.

PART VII - PERMITS.

1. Registration:

These regulations do not constitute an automatic permit for the installation or operation of any 

equipment in existence upon the effective date of these regulations. Upon request of the Control 

Officer, any source of emission, actual or potential, shall register with the District. Any owner, 

operator or user of any equipment in use at the time of adoption of these regulations and subject 

to these regulations who is required to register shall be allowed thirty (30) days to register to

obtain a permit to operate and to operate and to furnish the Control Officer with information 

required. Registration information required may include all information required under VII-4 

relating to operating permits. 

2. Construction, Alteration, Replacement, Sale or Rental: Permits shall be required to construct, 

erect, alter, replace, sell or rent any equipment which may cause, potentially cause, reduce 

control or eliminate the issuance of air contaminants. Written authority to construct, alter, replace 

sell or rent shall be obtained from the Control Officer prior to starting construction, erection, 

alteration, sale or rental. A single permit may be issued for all components of an integrated 

system or process. Plans and specifications drawn in accordance with acceptable engineering 

practices, may be required as a prerequisite to permit issuance. The authority to construct shall 

remain in effect for one (1) year or until a permit for operation is issued, whichever occurs first. 

If the authority to construct expires prior to issuance of a permit to operate, the authorization 

may be extended one year at the request of permittee. A renewal fee may be assessed. 

Construction not in accordance with this permit shall be sufficient reason to deny a permit to 

operate.

3. Notice of Completion:

Notice shall be provided in writing to the Contro1 Officer of the completion of construction, 

alteration, or replacement and the date when operation will commence.
4. Operation:

Permits shall be required to operate any equipment which may cause, potentially cause, reduce, 

control or eliminate the issuance of air contaminants. No permits to operate shall be granted by 

the Control Officer or Hearing Board unless the equipment is designed to meet standards set 

forth in these regulations and the regulations of the Air Resources Board of the State of 

California and the following requirements are met:

A. Registration shall be completed within thirty (30) days following the mailing date of the 

request by the Control Officer. 

B. Registration shall be made on forms furnished by the District and completed by the owner, 

lessee, or agent of the source.

C. The following information may be required of the registrants:

(1) Name, address, owner and nature of business.

(2) Name of local person responsible for compliance with these rules and regulations.

(3) Name of person authorized to receive requests for data and information.

(4) A description of the production processes and a related flow chart.

(5) A plot plan showing the location and height of all air contaminant sources. The plot 

plan sha·11 also indicate the nearest residential or commercial property.

(6) Type and quantity of fuels used or wastes combusted.

(7) Amount, nature and duration of air contaminant emissions.

(8) Estimated collection efficiency of air pollution control equipment under present or 

anticipated operating condition.

(9) Amount and method of refuse disposal.

D. Re-Registration will be carried out:

(1) Annually upon the date of initial registration, by person responsible for the air 

contamination source reaffirming in writing the correctness and current status of the 

information furnished the District, or

(2) At any time changes in the factual data reported under Section VIII-3 occur, such 

changes shall be reported to the District in writing. Re-registration may be required on 

forms furnished by the District.

5. Approval:

A permit, conditional permit or notice of approval to construct, alter, replace, sell, rent or operate 

does not relieve the owner or· operator of the responsibility of complying with the emission 

standards and regulations of this District, the Air Resources Board and the Health and Safety 

Code.

6. Posting of Permits:

Permits shall be posted on the equipment. Posting shall consist of affixing the permit, an 

approved facsimile, or other approved identification bearing the permit number upon the 

equipment in such a manner to be clearly visible and accessible. In the event the equipment is so 

constructed or operated that the permit to operate cannot be so placed, the permit to operate shall 

be mounted so as to be clearly visible in an accessible place within twenty-five (25) feet of the 

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

8. Conditional Permits:
The Control Officer may issue an authority to construct or permit to operate or use, subject to 

condition which will bring the operation of any equipment within the applicable standards set 

forth in these regulations, in which case the conditions shall be specified in writing. 

Commencing work under such an authority to construct or operation under such a permit to 

operate shall be deemed acceptance of all the conditions so specified. The Control Officer may 

issue an authority to construct or permit to operate with revised conditions upon receipt of a new 

application, if the applicant demonstrates that the equipment can operate within the standards of 

these regulations under the revised conditions.

9. Use Permits:

Permits to construct, alter, replace, or operate issued under these regulations do not replace, 

supplant or negate the need for a Use Permit issued by the Planning Commission under Section 

20-74 of the Lake County Code.

10. Action on Applications:

The Control Officer shall act promptly on an application for authority to construct, alter, replace 

sell or rent, or permit to operate, and shall notify the applicant in writing by mail or in person, of 

the action taken; namely approval, ·conditional approval, or denial. Notice ·of action taken shall 

be deemed to have been given when the written notification has ·been deposited in the mail, 

post-paid, addressed to the address ·shown on the application, or when personally delivered to 

the applicant or his representative.

12. Fees for Permits:

The Air Pollution Control Board may provide a schedule of fees not exceeding the estimated cost 

of issuing permits and inspection pertaining to such.

13. Source Emission Testing:

In the event that emission occurs, or is likely to occur, which is in excess of that allowed by these 

regulations, or if the nature of the emissions warrants, emission source or emission premise 

monitoring may be required as follows:

A. The Source owner or operator may be required to perform or have performed tests to 

determine the emission of air contaminants from any source. These must be conducted by 

reputable qualified personnel and in accordance with good professional practice and 

acceptable methods. The District may observe such testing at any time and be supplied with a 

copy of test results in writing, signed by the person responsible.

B. Require the installation of· emission monitoring equipment·· on a permanent basis so the 

operator of air contamination sources may know the nature and extent of emission. Record of 

such monitoring shall be available to the District upon demand. Such monitoring must be 

done by qualified personnel and with acceptable methods.

C. The District may conduct emission tests on any premise. The owner shall provide 

necessary holes, stacks, ducts, platforms or other such safe and proper sampling and testing 

facilities. Any construction required shall be in accordance with the General Industrial Safety 

Orders of the State of California. If permanent monitoring is deemed necessary, any

equipment needed shall be provided and maintained by the owner under the general direction 

of the District. Copies of any District testing result shall be provided the owner upon request. 
14. Plans and Specifications:

The Control Officer at any time may require from an applicant for, or holder of any permit 

provided for by these regulations, such information, analysis plans, or specifications as will 

disclose the nature, extent, quantity or degree of air contaminants which are or may be 

discharged by such source (H and S 24269).

15. Suspension of Permit:

A. Any permit issued under these regulations may be suspended by the Control Officer, 

Board or Hearing Board for violation of any regulation or standard of the District,

B. If the holder of any permit provided for by regulations within fifteen (15) days (H and S 

says “reasonable” time) willfully fails and refuses to furnish to the Control Officer 

·information, analyses, plans or specifications requested, the Control Officer may suspend 

the permit. Written notice of such suspension and the reasons therefore shall be served the 

permittee (H and S 24270).

C. Within ten (10) days after receipt of notice of suspension the permittee may file with the 

Hearing Board a demand for a public hearing as to whether or not the permit was properly 

suspended (Hand S 24271).

16. Reinstatement of Permit:

A. The Control Officer shall reinstate a suspended permit when all information, analyses, 

plans, specifications are furnished (H and S 24272).

B. The Control Officer may reinstate a ·suspended permit where in his opinion, good reasons 

exist therefore (H and S 24273).

C. The Control Officer may request the Hearing Board to hold a public hearing to determine 

whether a permit should be revoked, or a suspended permit should be reinstated (H and S 

24274).

D. Within thirty {30) days after either the Control Officer or the permittee has requested a 

public hearing, the Hearing Board shall hold such hearing and give notice of the time and 

place of such hearing to the permittee, to the Control Officer and to such other persons as the 

Hearing Board deems should be notified, not less than ten (10} days before the date of the 

public hearing (Hand S 24275}.

E. After a public hearing the Hearing Board may:

(l} Continue the suspension of a permit suspended by the Control Officer, or

{2} Remove the suspension of an existing permit invoked by the Control Officer pending 

the furnishing by the permittee of the information, analyses, plans and specifications 

required, or

(3) Find that no violation exists and reinstate an existing permit, or

(4) Revoke an existing permit, if it finds:

(a) the permittee has failed to correct any conditions required by the Control Officer, 

or

(b) a refusal of a permit would be justified, or

(c) fraud or deceit was employed in the obtaining of the permit, or

(d) any violation of these regulations or Chapter 2 of the H and S Code (H and S 

24276).
17. Denial of Applications:

A. In the event of denial of an authority to construct, permit to operate or permit to sell or 

rent, the Control Officer shall notify the applicant in writing of the reasons therefore. Service 

of this notification may be made in person or by mail, addressed to the applicant at the 

address set forth on the application, and such service may be proved by the written 

acknowledgement of the person served or affidavit of the person making the service. The 

Control Officer shall not accept a further application unless the applicant has complied with 

the objections specified by the Control Officer as his reason for denial of the authority to 

construct, the permit to operate or the permit to sell or rent.

B. Before acting on an application for authority to construct, permit to operate or permit to 

sell or rent, the Control Officer may require the applicant to furnish further information or 

further plans or specifications.

C. Failure of the Control Officer to act upon an application to construct, alter, replace, sell or 

rent within sixty (60) days of initial application or within thirty (30) days after the applicant 

furnishes further information, plans and specifications requested by the Control Officer, 

whichever is later, shall be considered a denial of permit. The applicant may thereafter 

petition the Control Officer for action.

D. Within ten (10) days after notice by the Control Officer of denial or conditional approval 

of an authority to construct, permit to operate or use or permit to sell or rent or within ten 

(10) days after the application is deemed denied pursuant, to C above, the applicant may 

petition the Hearing Boards in writing, for a public hearing held within thirty (30) days after 

filing the petition, may sustain, reverse or modify the action of the Control Officer; such 

order may be made subject to specified conditions.

18. Schedule of Compliance:

A person responsible for emission which is not in compliance with these regulations on their 

effective date or a person found by the· Control Officer at a later date not in compliance, shall 

submit to the Control Officer for approval a schedule for compliance containing estimates of 

time for engineering, time for procurement, time for fabrication and time for installation and 

adjustment. The schedule shall be submitted within ·sixty {60) days of the initial request. The 

original schedule may be amended within ninety (90) days of the original request, provided the 

material facts are presented in writing, indicating a different reasonable schedule. Failure of the 

applicant to comply with the original or modified schedule may result in:

A. Further demand by the Control Officer for a compliance schedule or reports as necessary 

to show reasonable progress, or

B. Application of enforcement procedures contained in these regulations if unreasonable 

delay has occurred without significant progress.

C. Variances granted by ABB only