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 p rogram 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 fro m the SIP without replacement. Therefore EPA finds that Part VII

- Permits , as

prov ided below, as s ubmitted 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 r equired 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 opera te, 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 Resourc es 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 th e 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 an d 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 equipm ent 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 i n 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 re quired 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 ide ntification 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 pe rmit 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 exce eding 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 emission s 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 conta minants 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. Requi re 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, an y 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 pro vided 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 af ter receipt of notice of suspen sion the permittee may file with the Hearing Board a demand for a public hearing as to whether or no t 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 rein state 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 rei nstated (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 C ontrol 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 perm it suspended by the Control Officer, or {2} Remove the suspension of an existing permit invoked by the Control Officer pending

the furnish ing by the permittee of the information, analyses, plans and specifications required, or (3) Find that no violation ex ists and reinstate an existing permit, or (4) Revoke an existing permit, if it finds: (a) the permittee has fai l ed 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 o r 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 prove d 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 re ason 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 appl icant 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 Complian ce: 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 com pliance 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 gra nted by ABB only