EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 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 Applicable Requirements Applicability to Other Rules in Regulation 2 2
- 1
- 103 Exemption, Source not Subject to any District Rule 2
- 1
- 104 Deleted October 7, 199 8 2
- 1
- 105 Exemption, Registered Statewide Portable Equipment 2
- 1
- 106 Limited Exemption, Accelerated Permitting Program 2
- 1
- 109 New or Modified Sources of Toxic Air Contaminants Deleted June 7, 1995 2
- 1
- 110 Large Sources Deleted June 7, 1995 2
- 1
- 111 Hazardous Substances Deleted June 7, 1995 2
- 1
- 112 Abatement Equipment Deleted June 7, 1995 2
- 1
- 113 Exemption, Sources and Operations 2
- 1
- 114 Exemption, General Combustion Equipment 2
- 1
- 115 Exemption, Internal Combustion Equipment Particulate Sources at Quarries, Miner al

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 Equipm ent 2
- 1
- 125 Exemption, Printed Circuit Board Manufacturing EquipmentEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 2 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 Explanato ry Notes

2 - 1 - 200 DEFINITIONS 2
- 1
- 201 Organic Compounds Deleted 2
- 1
- 202 Major Stationary Source 2
- 1
- 203 National Ambient Air Quality Standards (NAAQS) 2
- 1
- 20 5 Actual Emission Reductions 2
- 1
- 20 5 Complete Application 2
- 1
- 203 Fugitive Emissions 2
- 1
- 204 Deleted 2
- 1
- 205 Deleted 2
- 1
- 206 Organic Compound, Non
- Precursor (NPOC) Deleted 2
- 1
- 207 Organic Compound, Non
- Precursor (NPOC) 2
- 1
- 208 Organic Compound, Precursor 2
- 1
- 20 8 Reasonably Available Control Technology (RACT) 2
- 1
- 209 Deleted 2
- 1
- 210 Start
- Up Period 2
- 1
- 21 0 Fugitive Emiissions 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 DeletedEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 3 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 PM 10 2
- 1
- 230 Functionally Equi valent 2
- 1
- 231 Semiconductor Fabrication Area 2
- 1
- 232 New Source 2
- 1
- 233 Alter 2
- 1
- 234 Modif y 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
- 24 1 PM 2.5 2
- 1
- 24 2 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 Denial, Equipment Not in Conformance with Authority to ConstructEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 4 2
- 1
- 306 Mandated Reduct ions 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 2
- 1
- 313 Projects Not Exempt From CE QA 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 H azardous 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 Requireme nts

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 Permit Authority to Construct Expiration 2
- 1
- 408 Action on Applications 2
- 1
- 409 Regulations in Force Govern 2
- 1
- 410 AppealEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 5 2
- 1
- 411 Permit to Operate, Final Action 2
- 1
- 412 Public Notice, Schools 2
- 1
- 413 Permits for Operation at Multiple Locations Wi thin 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 Mai ntenance 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 (Not Included) 2
- 1
- 601 Eng ineering Permitting Procedures 2
- 1
- 602 CEQA Guidelines 2
- 1
- 603 Particulate Matter Measurements 2
- 1
- 604 Determining Compliance with Historical PM 10 and PM 2.5 Emission Limits 2
- 1
- 605 Finality of Historical PM 10 and PM 2.5 Regulatory DeterminationsEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 6 

### REGULATIO N 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 e xisting sources through the issuance of permits , 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/E xemption 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 applicat ion for return to exempt status is approved

. (Amended 7/17/91; 6/7/95; 5/17/00; 12/21/04) 2 - 1 - 102 Applicable Requirements: The requirements Applicab ility to Other Rules in

Regulation 2 : The provisions of this Rule , including the definitions, shall apply to the other Rules 2 and 3 of this Regulation, where applicable, unless superseded by specific requirements in Rules 2 and 3

. 2 - 1 - 109 New or Modified Sources of Toxic Air Contaminants: Notwithstanding the

exemption of Section 2
- 1
- 112 through 128, no new or m odified sources that emits, provisions in quantities determined to be appropriate for review by the APCO, substances identified as toxic air contaminants or which are under review as candidate toxic air contaminants by the Air Resources Board is 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 2
- 1
- 302

. (Adopted April 16, 1986) 2 - 1 - 110 Large Sources: Notwithstanding the e xemptions of as set forth in Sections 2
- 1
- 113 through 2
- 1
- 128, no single piece of equipment that produces emissions in excess of 68 kg per day (150 lb/day) of any single pollutant 105 to 2
- 1
- 128, is exempt from the requirements of Sections Section 2
- 1
- 301 and 302

. if the source meets all of (Adopted October 19, 1983) 2 - 1 - 111 Hazardous Substances: Notwithstanding the exemptions of Sections 2
- 1
- 113

through 2
- 1
- 128, no new or modified source that emits the following air contaminants criteria: 103.1 The source is not in excess of the quantities listed below 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; andEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 7 103.2 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 (SO 2 ), PM 2.5 , PM 10 and carbon monoxide (CO) from the source are each (i) less than 10 pounds per highest day ; or (ii) if greater than 10 pounds per highest day, total emissions are less than 150 pounds per year, per 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 PM 2.5 a nd PM 10 : combustion source; material handling/processing; sand, gravel or rock processing; cement, concrete and asphaltic concrete production; tub grinder; or similar PM 2.5 and PM 10 - emitting sources, as deemed by the APCO. Note 2 : If an exemption in a Reg ulation 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 ) 2 - 1 - 104 Deleted October 7, 1998 2 - 1 - 105 Exemption, Registered Statewide Portable Equipment: E quipment that complies

with all applicable requirements of and is registered under the Statewide Portable Equipment Registration Program (California Code of Regu lations 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 mo nths 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. 2 - 1 - 112 Abatement Equipment: Notwithstanding the exemptions of Sections 2
- 1
- 113

through 2
- 1
- 128, new air pollutant abatement equipment is not exempt when used on exempt sources to meet applicable emission standards. (Adopted October 19, 1983) (Adopted 6/7/95; Amended 10/7/98; 5/17/00) 2 - 1 - 106 Limited Exemption, Accelerated Permitting Program: Unl ess subject to any of the

provisions of Sections 2
- 1
- 316 through 319, any new source or modifi cation or alteration of an existing source is exempt from the Authority to Construct requirements of Section 2
- 1
- 301 if it has received a temporary P ermit to O per ate 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 ) 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, 1995EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 8 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 so lely 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 non
agricultu ral 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 unles s 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 3 02: 113.1 Single family dwellings. 113.2 Multiple family dwellings, hotels and motels. 113.3 Office and commercial buildings where emissions result solely from space heating by natural gas of less than 20 GJ (20 million BTU) per hour heat input. Incinerat ors operated in conjunction with such sources are not exempt. 113.4 2.1 Road construction, widening and rerouting. 113.5 2.2 Restaurants , cafeterias and other retail establishments for the purpose of preparing food for human consumption. 113.6 2.3 Structural changes which do not change the quality, nature or quantity of air contaminant emissions. 113.7 Farming operations, including orchards.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 9 113.8 Animal husbandry operations. (Adopted October 19, 1983) 2.4 Any abatement device which is used solely to abate eq uipment 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 equipm ent exclusively used to comply with the tank degassing or vacuum truck control requirements of Regulation 8, Rule s 5 , 40 or 53

. 2.7 Equipment that transports, holds or stores California Public Utilities Commission regulated natural gas, excluding drivers. 2.8 Deleted May 17, 2000 2.9 Deleted May 17, 2000 2.10 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 withi n 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 an d/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 suppress ion 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 demons trate 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 e missions from such operations consist solely of residual natural gas that is vented after the equipment is isolated or shut down. 2.14 [Deleted __ 2012] 2.15 Asbestos and asbestos containing material renovation or removal conducted in compliance with Regul ation 11, Rule 2 and Regulation 3.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 10 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 lea st 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 i n 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 ) 2 - 1 - 114 Exemption, Combustion Equipment: The following equipment is exempt from the

requirements of Sections 2
- 1
- 301 and 302, provided that either a) only if the source emits only does not emit pollutants other than combustion products ; or b) , and those combustion products are not caused by the source is also exempt under combustion of one of the other Sections of this Rule. Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single a pollutant is not exempt 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 S imilar Combustion Equipment: 1.1 Any combustion source of the above equipment with less than 1 GJ (1 million BTU ) per hour capacity rated heat input

. 114 1 .2 Any combustion source of the above equipment with less than 10 GB (10 million BTU ) per hour capacity 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 educa tional 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 veh icle, 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 orEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 11 elec trical 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 October 10/ 19 , 1983 /83; Amended 7/17/91; 6/7/95; 5/17/00; 8/1/01 ) 2 - 1 - 115 Exemption, Internal Com bustion Equipment : Particulate Sources at Quarries,

Mineral Processing and Biomass Facilities: The following equipment is potential PM 2.5 and PM 10 sources are exempt from the requirements of Sections sections 2
- 1
- 301 and 302 . Equipment , provided that onl y p roduces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is the source does not exempt require permitting pursuant to Section 2
- 1
- 319

. 115.1 Any internal combustion engine or gas turbine used for the purposes of propelling or powering a vehicle. 115.2 Internal combustion (IC) engines or gas turbines of less than 190 kilowatts (250 hp) output rating. 115.3 Internal combustion (IC) engines directly used for agricultural operations necessary for the growing of crops, or the raisi ng of fowl or animals. 115.4 Internal combustion engines that are laboratory engines used in research or teaching programs. 115.5 Internal combustion engines used solely as a source of standby power and that are operated less than 100 hours per year or 1) are only used for power when normal power line service fails, or 1) are only used for the emergency pumping of water. 115.6 Portable internal combustion engines used on a temporary basis of no more than 30 days per calendar year at any one facility. (Adopt ed October 19, 1983) 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 manufactur ing; 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 rate d production capacity less than 15 cubic yards (yd 3 ) per hour; 1.2 Other source at a facility with a maximum throughput less than 5000 tons per year; 1.3 Operating, loading and unloading a crusher or grinder which processes exclusively material with a mois ture 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: 1.4.1 Screen or other size class ification; 1.4.2 Conveyor, screw, auger, stacker or bucket elevator; 1.4.3 Grizzly, or other material loading or unloading;EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 12 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 loc ated 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 powe red by a motor with a maximum output rating less than 25 horsepower; 2.3 Other biomass processing/handling sources at a facilit y 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: T he following equipment is exempt from

the requirements of Sections 2
- 1
- 301 and 302 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not exempt , provided that the source does not require per mitting 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, or induction furnaces , cupolas, electric arc f urnaces, reverbatories, or blast furnaces with a capacity of 450 kg ( 1000 lbs ) or less each , in which no

. 116.3 Crucible furnaces, pot furnaces, or induction furnaces for sweating or distilling is conducted and from which only the following that process 10 0 tons per year of all metals are poured or in which only the following meals are held in a molten state: or less. 2.1 Aluminum 116.4 Drying or any alloy conaining over 50% aluminum. 2.2 Magnesium or any alloy containing over 50% magnesium

. 2.3 Lead or any a lloy containing over 50% lead. 2.4 Tin or any alloy containing over 50% tin. 2.5 Zinc or any alloy containing over 50% zinc. 2.6 Copper. 2.7 Precious metals. 116. 3 Equipment used exclusively for heat
- treating glass or metals or used exclusively for case h ardening, carburizing, cyaniding, nitriding, carbonitriding, siliconizing or diffusion treating of metal objects provided the maximum fuel use rate is ovens with less than 10 million BTU /hr. 116.4 Crucible type or pot type furnaces with a brimful per hour capacity of less provided that a) the oven does not emit pollutants other than 7.4 liters (45 in 3 ) of any molten metal combustion products and b) the oven is firedEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 13 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 resin resins

. 116.8 Kilns used for firing ceramic ware, heated exclusiv ely 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 incinerat or; 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 October 10/ 19 , 1983 /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 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single p ollutant is not exempt , provided that the source does not require permitting pursuant to Section 2
- 1
- 319

. 117.1 Smokehouses or commercial barbecue units in which the maximum horizontal inside cross sectional area does not exceed 2 20 square meters (20 sq. f t). feet. 117.2 Confection cookers where the products are edible and intended for human consumption. 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 Ovens, mixers, and blenders used in bakeries where the products are edible and intended for human consumption. Ovens at bakeries whose Any oven with a total production of bread, buns, and rolls ever exceed 18,200 kg ( 40 yeast leavened bakery products of less than 10 ,000 lb) pounds per operating day, averaged over any period of seven consecutive days are not exempt , and which is heated either electrically or exclusively by natural gas firing with a maximum capacity of les s than 10 million BTU per hour

. 117.4 Equipment used exclusively to grind, blend, or package , or store tea, cocoa, spices, or roasted coffee.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 14 117.5 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 containi ng 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 6.8 kg/hr ( 15 lbs/hr.) pounds of beans or nuts per hour; and any stoners or coolers operated in conjunction with these roasters. 117. 6 Orchard heaters. 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 tan ks 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 pr oducing less than 10 tons per year of sulfured fruits and vegetables. (Adopted October 10/ 19 , 1983, /83; Amended April 4/ 16 , 1986 /86; 7/1791; 6/7/95; 5/17/00 ) 2 - 1 - 118 Exemption, Surface Preparation and Cleaning Equipment: The following

equipment is exempt f rom the requirements of Sections 2
- 1
- 301 and 302 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not exempt , provided that the source does not require permitting pursuant to Section 2
- 1
- 31 9

. 118.1 Abrasive blast cabinet
- dust filter combination units where the dust filter and blasting cabinet are built integrally and mounted on the same framework. 118.1 Permanent abrasive blasting source, as defined by Regulation 12, Rule 4, that has a confi ned volume less than 100 cubic feet (ft 3 ) 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 Equipme nt used exclusively , including solvent cold cleaners using an unheated solvent mixture for steam surface preparation, cleaning provided the solution contains , wipe cleaning, fluxing or stripping by use of solutions with a VOC content less than one percent V OC (wt or equal to 50 grams per liter (0.42 lb/gal ).EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 15 118.5 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. 118.6 Equipment used for washing or drying products fabricated from metal or glass, provided that a) only solutions containing less than one percent VOC (wt) are used; and b) any combustion sources used in the process are exempt under Section 2
- 1
- 114. 118. 7 Equipment or operations which use unheated solvent and which contain less than 1 gallon (3.785 liters) of solvent or have a liquid surface area of less than 1 ft 2 (144 in 2 or 929 cm 2 )

. . This exemption does not apply to solvent cleaning stations at semiconductor manufacturing operation fabrication areas or aerospace stripping operations. This exemption does not apply to wipe cleaning operatio ns using more than 5 gallons per year of solvent. 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 in put (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
- 4 01.4. 118.10 Any solvent cleaning or surface preparation source which employs only non
refillable hand held aerosol cans. 118.11 Spray gun cleaning performed in compliance with Regulation 8, provided the cleaning is associated with a source, such as a spra y booth, subject to the requirements of Section 2
- 1
- 301 and 302. (Adopted October 10/ 19 , 1983, /83; Amended April 4/ 16 , 1983 /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

is and operations are exempt from the requirements of Sections 2
- 1
- 301 and 302

. Equipment , provided that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is the source does not exempt require permitting pursuant to Section 2
- 1
- 319

.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 16 119.1 Any powder coating operation

. 119.2 Coating equipment at any facility whose , or radiation cured coating or laminating operations: 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 c onsumes Consumes a total of less than 2 0 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 ; o r 2. 2 u ses .2 Uses exclusively coatings or adhesives 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
- 4 01.3. 119.3 Any coating source which employs only non - refillable hand held aerosol cans. 119.4 Dipping operations for coating objects with oils, waxes, or greases provided that all coatings applied contain less than one percent VOC (wt). 119.4 An oven asso ciated 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 firi ng rate is less than 10 million BTU per hour. 119.5 Dipping operations for applying coatings of natural or synthetic resins provided Any graphic arts operation that all coatings applied contain emits less than one percent VOC (wt)

. 119.6 Printing presses at facilities using less than 7500 400 pounds of ink annually, and that use inks containing less than 1 percent VOC (wt) as defined by the MOP, exclusively. (Adopted October 19, 1983, Amended April 16, 1986) uncontrolled VOC emissions per month on a facility
- wi de basis.

(Adopted 10/19/83; Amended 4/16/86; 7/17/91; 6/7/95; 5/17/00; 12/21/04 ; 11/19/08 ) 2 - 1 - 120 Exemption, Dry Cleaning Equipment: The following equipment Any dry cleaning

facility which uses (gross consumption) less than 200 gallons of petroleum solv ent or any other non
- halogenated solvent in any single year is exempt from the requirements of Sections 2
- 1
- 301 and 302 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not exempt. 120.1 An y dry cleaning facility which uses less than 320 gallons per year of , 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 e quipment does not use solvent that contains perchloroethylene or less more than 700 gallons per year 1% by weight of petroleum solvent any other halogenated compound

.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 17 120.2 Lint traps used exclusively in conjunction with dry cleaning tumblers. 120.3 Laundry dryers, extractors or tumblers used for fabrics cleaned only with water solutions of bleach or detergents.

(Adopted October 19, 1983 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: Th e following equipment

is exempt from the requirements of Sections 2
- 1
- 301 and 302 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not exempt , provided that the source does not require perm itting 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, pla stics, rubber, fiberboard, masonry, carbon or graphite 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 st oring 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 140 liters (5 ft 3 ) rated working capacity 55 gallons or less. 121.6 Mix ers for rubber or plastics 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 th ese 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,EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 18 stamping or drawing, provided that : (1) maximum fuel use rate is less t han 10 million BTU/hr and ; (2) no lubricant with an initial boiling point less than 400 o F is used ; and (3) organic emissions are 5 ton/yr or less

. 121.14 Atmosphere generators used in connection with metal heat treating processes. 121.15 Equipment used exc lusively 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). 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 October 19, 1983 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 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not exempt , 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 O ctober 10/ 19 , 1983 /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 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not exempt , 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.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 19 123.2 Tanks, vessels and pumping equipment used exclusively for the storage or dispensing of any aqueous solution which contains less than 1000 ppm 1 percent (wt) organic compounds. Tanks and vessels storing the following materials are not exempt. 2.1 Sulfuric acid with an aci d 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 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 Stor age or loading of liquefied gases. 3.2 Storage or loading of organic liquids with an initial boiling point greater than 150 o C ( 302 o F ) or mixtures containing organic liquids; where the initial boiling point of the organics is greater than 302 o F and exceeds t he actual storage temperature by at least 100 o C ( 180 o F )

. . 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 A STM D
- 93 (PMCC) flash point of 54 o C ( 130 o F ) or higher, when stored or loaded at a temperature at least 20 o C ( 36 o F ) below the flash point. 3.4 The storage or loading of lubricating oils. 3.5 The storage of fuel oils with a gravity of 40 API or lower and hav ing a capacity of 38m 3 ( 10,000 gallons ) or less. 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 %. Th is does not include the storage of asphalt cutback with hydrocarbons having an initial boiling point of less than 150 o C ( 302 o F )

. . 3.8 The storage or fermentation of wine and , 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.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 20 3.11 The storage and/or transfer of an asphalt
- water emulsion heated to 150 o F or less. 123.4 Tank seal replacement. For any tank subject to Regulation 8, Rule 5, any new seal must 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 October 10/ 19 , 1983, /83; Amended July 11, 1984 7/11/84; 7/17/91; 6/7/95; 5/17/00 ) 2 - 1 - 124 Exemption, Semiconductor Manufacturing Equipment: The : Semiconductor

fabrication area(s) at a facil ity which complies with all of the following equipment is are exempt from the requirements of Sections 2
- 1
- 301 and 302 . Equipment , provided that onl y produces air contaminates in excess of 68 kg 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 day ( year on a facility wide basis; or uncontrolled VOC emissions to the atmosphere resulting from the usage of solvent are less than 150 lbs/day) of any single pollutant is not exempt. pounds per year of VOC on a facility wide basis, and 124.1 Semiconductor manufacturing fabrication areas that contain only the following equipment: 1.1 Ion Implantation. 1.2 Vacuum deposition. 1.3 Sputtering. 1.4 Lapping and polishing. 1.5 (Deleted January 9, 1985). 1.6 Plasma etching or ashing. 1.7 Solvent or acid cleaning wet chemical stations with an aggregate capacity of .4 cubic meters (100 gal) or less per fabrication area. 1.8 Buffering or polishing, carving, cutting, drilling, machining, routing, sandin g, sawing, surface grinding, or turning of semiconductor wafers. 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 p ounds per year on a facility wide basis. (Adopted October 10/ 19 , 1983, /83; Amended January 9, 1985, April 1/9/85; 4/ 16 , 1986 /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 i s exempt from the requirements of Sections 2
- 1
- 301 and 302 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not exempt , provided that the source does not require permitting pursuant to Sect ion 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.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 21 1.3 Soldering. This s ection does not exempt fluxing and finger cleaning (see Section 2
- 1
- 118.4).

(Adopted October 10/ 19 , 1983 /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 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not exempt , 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 L aboratory Bench scale laboratory equipment or processes used exclusively for chemical or physical analyses and or experimentation, quality assurance and quality control testing, research and development, or similar bench scale la boratory equipment , excluding pilot plants

. 126.3 Equipment used for inspection of metal products. (Adopted October 10/ 19 , 1983 /83; Amended 7/17/91; 6/7/95; 5/17/00 ) 2 - 1 - 127 Exemption, Chemical Processing Equipment: The following equipment is exempt

from t he requirements of Sections 2
- 1
- 301 and 302 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not exempt , provided that the source does not require permitting pursuant to Section 2
- 1
- 319

. 12 7.1 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 sensitize d 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 a nd 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 October 10/ 19 , 1983 /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 . Equipment that onl y produces air contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not exempt , provided that the s ource 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.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 22 128.2 Refrigeration u nits 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 d evices 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 barom etric 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, grin ders, 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 pharmaceutical s and cosmetics or to coat pharmaceutical tablets

. 128. 13 14 Any waste 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. 128. 14 15 Exploratory drilli ng activities for methane recovery at waste disposal sites, for natural gas or for oil. Production wells for the above operation operations are not exempt. (Adopted October 19, 1983) 128. 15 Aeration 16 Passive aeration of soil, provided that only if: 16.1 T he duration of the passive aeration does 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.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 23 128.18 Any source or operatio n 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 operati on 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 addit ion 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 def ined 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 e xceed 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 n ot excee d 10 lb/day) , based on the maximum fugitive emissions rate allowed under District regulations ; 21.3 the components installed satisfy the “typical control technology ” listed in the BACT/TBACT Workbook ; 21.4 the components meet applicable requireme nts 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 offs ets 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 July 1 6, 1986 10/19/83; Amended 7/16/86; 7/17/91; 6/7/95; 5/17/00; 11/15/00; 12/21/04 )EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 24 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 mi nor or major facility review permit required by Regulation 2, Rule 6. (Adopted 12/3/93; Amended 2/1/95; 5/17/00) 2 - 1 - 1 30 Effect of Explanatory Notes: The explanatory notes that are included in italics

following certain provisions in Regulation 2 are inte nded 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 n otes , that establishes the binding legal requirements of the provision.

2 - 1 - 200 DEFINITIONS 2 - 1 - 201 Organic Compound: Any compound of carbon, excluding carbon monoxide, carbon

dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate and methane. 2 - 1 - 201 [Deleted ___ 2012 .] 2 - 1 - 202 Major Stationary Source: Any new or modified stationary source which emits more

than 46 metric tons (50T) per year of any air pollutant for which there is a NAAQS. 2 - 1 - 203 National Ambient Air Quality Standard s (NAAQS): Levels of air pollution that have

been established by the Environmental Protection Agency. All references to NAAQS shall be interpreted to include state ambient air quality standards. 2 - 1 - 204 Actual Emission Reductions: An emission reduction wh ich exceeds the emission

reductions required by measures in the Air Quality Management Plan approved by the BAAQMD or required by federal, state, or District laws, rules, and regulations. To qualify as an emission reduction, the emission reduction must be in excess of the reductions already achieved by, or achievable by, the source using Reasonably Available Control Technology, and must also be permanently quantifiable, and enforceable. All actual emission reductions shall be enforceable by permit conditi ons in the authority to construct and permit to operate, except that in the case of source closures where no permit is required for the source being shut down, the actual emission reduction shall be enforceable through appropriate contractual provisions in a legally binding and irrevocable written agreement which provisions will be made expressly for the benefit of the APCO. The permanence of a closure shall be identified in a letter from the source and/or in a Banking Certificate (Amended March 7, 1984 )EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 25 2 - 1 - 20 5 Complete Application: An application for an Authority to Construct a new or

modified source or stationary source which that contains all of the following: 202.1 Sufficient information for the APCO to determine the emissions from such new or mod ified source or stationary source

. 202.2 Any information requested by the APCO in order to determine the air quality impact of such new or modified source or stationary source

. 202.3 Fees for New and Modified Sources, as described in Section 3
- 302

. (Amende d October 7, 1981, April 6, 1988) 2 - 1 - 20 6 Organic Compound, Non - Precursor : M ethylene c hloride; 1,1,1
- trichloroethane;

1,1,2
- trichlorotrifluoroethane (CFC
- 113); trichlorofluoromethane (CFC
- 11); dichlorodifluoromethane (CFC
- 12); dichlorotetrafluorethane (CF C
- 114); and chloropentafluoroethane (CFC
- 115). (Adopted March 17, 1982) 2 - 1 - 20 7 Organic Compound, Precursor: Any organic compound as defined in required under Regulation 1
-

233 excepting the non
- precursor organic compounds, defined in 1
- 234 2
- 1
- 402

. (Adop ted March 17, 1982) 2 - 1 - 20 8 Reasonably Available Control Technology (RACT): For sources that are to continue operating, RACT

is the lowest emission limit that can be achieved by the specific source by the application of control technology taking into accou nt technological feasibility and cost
- effectiveness, and the specific design features or extent of necessary modifications to the source. For sources which are or will be shut
- down, RACT is the lowest emission limit that can be achieved by the application of control technology to similar, but not necessarily identical categories of sources, taking into account technological feasibility and cost
effectiveness of the application of the control technology to the category of sources only and not to the shut
- dow

n source. (Adopted March 17, 1982, ( Amended October 19, 1983 7/17/91; 11/20/91; 5/17/00; 12/21/04 ) 2 - 1 - 2 09 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 Oct ober 19, 1983) 2 - 1 - 2 10 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 __, 2012] 2 - 1 - 205 [Deleted __, 2012] 2 - 1 - 206 [Deleted __, 2012] 2 - 1 - 207 Organic Compound, Non - Precursor (NPOC): The fo llowing are considered non
precursor organic compounds: methane; ethane; methylene chloride (dichloromethane); 1,1,1
- trichloroethane (methyl chloroform); 1,1,2
- trichloro
- 1,2,2
- trifluoroethane (CFC

– 113); trichlorofluoromethane (CFC

– 11); dichlorodifluoromet hane (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

–EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 26 134); 1,1,1
- trifluoroethane (HFC

– 143a); 1,1
- difluoroethane (HFC

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

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

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

– 10mee); difluoromethane (HFC

– 32); ethylfluoride (HFC

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

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

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

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

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

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

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

– 365mfc); chlorofluoromethane (HCFC

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

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

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

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

– 7200); 2
- (ethoxydifluoromethyl)
- 1,1,1,2,3,3,3
- heptafluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ); methyl acetate, 1,1,1,2,2,3,3
- heptafluoro
- 3
- methoxy
- propane (n
- C 3 F 7 OCH 3 , HFE

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

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

– 7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon compounds which fall into these classes: (i) Cyclic, branched, or linear, completely fl uorinated 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 n o 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 __, 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.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 27 (Adopted Oc tober 19, 1983) 2 - 1 - 211 CEQA: The California Environmental Quality Act, Public Resources Code Section

21000 et seq

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

210 61

. (Adopted 7/17/91; Amend ed 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 pr operties; (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 d efinition, 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), 6 3 (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, Su bpart 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 , including requirements of any District permit condition (exclu ding 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): A ny 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 __/__/2012] 2 - 1 - 217 Potential to Emit: The maximum capacity of a source or facility to emit a pollutant

based on its ph ysical 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 combu sted, 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 considere d to have a potential to emit that is unconstrained by any such exceeded limit.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 28 (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 definiti on 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 __, 2012] 2 - 1 - 220 [Deleted __, 2012] 2 - 1 - 221 Source: Any article, machine, equipment, opera tion, 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 informat ion 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. 224.4 Fume hoods shall be pos ted 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 sha ll be monitored periodically to assure proper face velocity.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 29 224.6 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 __, 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. (A dopted 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

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

nominal 10 microns. PM 10 emissions shall include gaseous emissions from a source or activity that conden se 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 funct ion 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 Fab rication 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:EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 30 232.1 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 operatio n for a period of one year or more and did not hold a valid District permit to operate during this period of non
operation, occurring after March 7, 1979. 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: T o 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 a n alteration to ensure that the change authorized by the authority to construct or permit to operate will not result in a modification under Section 2
- 1
- 234. Other forms of the word alter, including altered and alteration, shall be defined based on the meaning of the root word “alter”. (Adopted 5/17/00; Amended 11/15/00) 2 - 1 - 234 Modif y : To make any physical change, change in method of operation, change in

throughput or producti on, or other similar change at an existing source, that result s in an increase in emissions that is either of the following : 234.1 Increase in Potential To Emit : An increase in the source’s daily or annual potential to emit , determined according to th e de finition 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, a s provided for in Section 2
- 2
- 21 7. Such limits may include direct limitations on the source’s emissions and surrogate limits on operating conditions such as production rate or capacity that have the effect of limiting emissions. 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 doEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 31 not accurately re present longer
- term potential to emit. A permit limit that applies to combined emissions from multiple sources does not establish an individual source’s potential to emit, unless the limit impo ses an effective , legally enforceable limit ation specifically on the emissions from the individual source

. 1.2 For sources whose emissions are not limited by any legally enforceable limitation (or that cannot 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 take into account any limitation on the effective capacity of the source as a result of the capacity of any ups tream 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 i n 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 emis sions 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, PM 2.5 , and SO 2 , 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 Section s 234.2.1 and 234.2. 2 , all provisions of the major NSR requirements under 40 C.F.R. Sections 51.165 and 51.166, respectively, are incorporated by reference and shall be used in implementing this Section , including (but not limited to) : all definitions in Sections 51.165(a)(1) an d 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)EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 32 2 - 1 - 235 [Deleted, ___ 2012] 2 - 1 - 236 [Deleted, ___ 2012] 2 - 1 - 237 BACT/TBACT Workbook: District guidelines set ting forth emission limitations and/or

control technologies constituting BACT and TBACT for a number of source types or categories. (Adopted June 15, 2005) 2 - 1 - 238 Clean Air Act: The federal Clean Air Act, as amended in 1990, incl uding 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 ownersh ip 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; 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 C alifornia 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 - 24 1 PM 2.5 : Particulate matter with aerodynamic diameter smaller than or equal to a

nominal 2.5 microns. PM 2.5 emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures.

2 - 1 - 24 2 Support Facility : A facility th at conveys, stores, or otherwise significantly assists in

the production of the principal pro duct of another facility. Per S ection 2
- 1
- 213, a support facility is considered part of the principal facility that it supports for permitting purposes under R egu lation 2.

2 - 1 - 300 STANDARDSEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 33 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 caus e, 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 identic al or equivalent 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 i n accordance with Section 2
- 1
- 411

. (Amended March 3/ 17 , 1982 , October /82; 10/ 19 , 1983 /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 contrivanc e, 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 R ule. 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 categori es of operation: 2.1 A new source or a modification of an existing source if the following conditions are satisfied: 1.1 The source will not have the potential to emit POC, NPOC, NOx, SO 2 , PM 2.5 , PM 10 , or CO in an amount of 10 pounds or more on any day , de termined without taking into account the effect of any abatement device or equipment ; or the source has been pre
- certified under Section 2
- 1
- 4 1 5; and 1.2 The source will not have the potential to emit toxic air contaminants in an amount that exceeds any of the trigger levels set forth in Tabl e 2
- 5
- 1 of Regulation 2, Rule 5, determined without taking into account the effect of any abatement device or equipment; and 1.3 The source is not subject to the public notice requirements of Section 2
- 1
- 412. 2.2 An ab atement 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 alteratio n of an existing source , as defined in Section 2
- 1
- 233

.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 34 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 b y 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 o f the categor ies in subsections 2.1 through 2. 3 above the source is in ; (iv) a certification that the source meets all of the requirements of that category ; (v) a certification that the source is not subject to Sections 2
- 1
- 316 through 2
- 1
- 31 9 ; and (vi) a certification that the applicant has reviewed all applicable New Source Performance Standard s and has determined that the application will comply

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

. The owner or operator of the source may begin construction or operation of the source, or of the modification or alteration of the source, immediately upon receipt of the temporary Permit t o 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 a nd 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)

. Dur ing 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 subse ctions 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 repl aces 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. 3.3 The operator shall provide offsets, at a ratio of 1.15 to 1, for all increased emissions of NO x , POC, SO 2 , PM 2.5 , and PM 10 resulting from the use of the temporary perm it. 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 formulationsEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 35 4.3 Temporary replacement of an existing permitted source with an identical or func tionally 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: P ersons subject to this Regulation shall pay the fees required, as set forth in

Regulation 3. 2 - 1 - 304 Denial, Failure to Meet Emission Limitations Comply With Applicable

Requirements : The APCO shall deny an authority to construct or a permit to operate if th e APCO finds that the subject of the application would not or does not comply with the 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) (Amended March 17, 1982) 2 - 1 - 305 Denial, Equipment Not in Conformance with Authority to Construct: The APCO

shall deny A person shall not put in place, build, erect, inst all, 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 if it is found , 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 Redu ctions 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 actual emission reduction credits was filed with the District at least 90 days prior to the adoption date of such laws, rules or regulations. Only actual 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 which are in excess of the reductions already achieved by, or achievable by, the source using Reasonably Avai lable Control Technology shall be banked or allowed as emission offsets or actual emission reductions. (Amended October 7, 198 1 ) 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 an y article, machine,

equipment or other contrivance, for which a an authority to construct or permit toEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 36 operate has been issued, in violation of any permit condition imposed pursuant to Section 2
- 1
- 403. (Adopted March 3/ 17 , 1982 /82; Amended 7/17/91 ) 2 - 1 - 308 Fugitive Emissions: Fugitive emissions shall be included as emissions from a

stationary source or facility except as required under 2
- 2
- 304 Emission Calculation Standards . Fugitive emissions shall be subject to all requirements of District Rules and Regula tions, including BACT, RACT, offsets, PSD requirements, and Class I Air Quality Related Values and increment protection, to the same extent as emissions that are not fugitive in nature. this Regulation

. (Adopted October 10/ 19 , 1983 /83; Amended 7/17/91 ) 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 appropri ate 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 accordan ce 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 no rmally 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 sta tionary 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 s ubject 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 theEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 37 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 ministeria l 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 CE QA 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 pe rmit 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 subm itted 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 envir onmental media or resources listed in Section II of Appendix I of the State CEQA Guidelines. 312.1 Applications to modify permit conditions for existing or permitted sources or facilities that do not involve any increases in emissions or physical modificat ions. 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 t he 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 subm itted 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, eq uipment 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 s ite 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.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 38 312.10 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 environme ntal 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 Regulatio n 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 Regul ation 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 ai r 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 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 f rom

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 ca se by
- case basis in order to determine whether the District's evaluation of the permit application will involve any element of discretion. If as a result of this case
- by
- case review, the District determines that the evaluation of the permit application wi ll 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:EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 39 314.1 The District makes a specific written finding to this effect as part of its determi nation 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 signif icant 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 issuanc e 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 t he 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 no twithstanding the unavoidable adverse environmental effects associated with the project. (Adopted November 20, 1991) 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 contamin ants 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 requirement s 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:EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 40 1.1 Will comply with the TBACT requirement of Regulation 2
- 5
- 301 (if applicable); and 1.2 Will comply with the projec t 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 pe r 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 requiremen ts 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 se ction 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 r equirements of Regulation 2, Rule 1, Section 301 and/or 302. If a new or modified source at a facility in one of the 28 categories listed in Section 169(1) of the Clean Air Act that emits 100 tons per year of any PSD Pollutant as defined in Section 2
- 2
- 2 23 , or at a facility not listed in any such category that emits 250 tons per year or more of any PSD Pollutant as defined in Section 2
- 2
- 223 , emits any of the following air contaminants in excess of the quantities listed below, then it is subject to the requ irements 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 ye ar of vinyl chloride, 318.6 3 tons per year of fluorides, 318.7 7 tons per year of sulfuric acid mist, andEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 41 318.8 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 Section s 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 - 3 20 Compliance With Material Representations Made In Connection With Permit

Applications : In addition to the explicit conditions contained in an authority to construct and/or permit to operate, the owner and operator of a source of air pollutant emis sions 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 inf ormation were material to the APCO’s decision to issue the authority to construct and/or permit to operate

. Construction or o peration of the source not in conformance with such material representations or information shall be a violation of this Regulatio n. 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 REQUI REMENTS 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, 1977, any person who operates a facility c ausing emissions in excess of 450 metric tons (500 T) per year of any air contaminant for which there is a national or California ambient air quality standard. 401.2 On or before July 1, 1978, any person who operates a facility causing emissions in excess of 90 metric tons (100 T) per year of such air contaminants. 401.3 On or before July 1, 1979, persons who operate a facility causing emissions in excess of 22.5 metric tons (25 T) per year or more of such air contaminants.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 42 401.4 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. 5 2 On or before July 1, 1980, persons who operate gasoline terminals, bulk plants and facilities that dispense gasoline for sale or dispense m ore than 60,000 gallons of gasoline per year. (Amended April 16, 1986) 401. 6 3 Persons who operate coating , adhesive, dipping, laminating, printing, screening, masking, electrodeposition, resist application, or similar source or equipment at any facility wh ose coating or laminating coating, adhesive, dipping, laminating, printing, screening, masking, electrodeposition, resist application, or similar source or equipment consume greater than 2 0 30 gallons of coating and emit 150 pounds of VOC per year or more on a facility wide basis

. (Adopted April 16, 1986) , 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 conv enient grouping. 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 (3.785 liters) of solvent or have a liquid sur face area of more than 1 ft. 2 (144 in 2 or 929 cm 2 ) , , including pipe wipe cleaning operations using more with a net solvent usage greater than 5 20 gallons per year , and that emit 150 pounds of solvent

. (Adopted January 7, 1987) VOC per year or more, on a facil ity
- 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 th e 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 information required. Sufficient information must be received following information : 402.1 Sufficient information for the APCO to determine the emissions from the source s that are the subject of the application, and to quantify emissions from the sources of any emission reduction credits that will be relied upon as part of the applicati on
. 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.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 43 402.3 All applicable fees, as described in Regulation 3. 402.4 If the application is subject to the New Sourc e Review requirements of Regulation 2, Rule 2, all information required under Section 2
- 2
- 401. 402.5 CEQA
- related information that satisfies the requirements of Section 2
- 1
- 426. 4 02.6 A certification stating whether the source 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 assert s to be a trade secret, a statement signed by a responsible representative of the applicant identifying that portion of Government Code Section 6254.7 (d) upon which the assertion is based and a brief statement setting forth the ba sis 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 ena ble 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 regional agencies to determine whether the application conforms with adopte d plans and with local permit requirements. 2 - 1 - 403 Permit Conditions: T he 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 fe deral 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 Opera tion: 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 quantit y 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 t han the highest level in the prior 12 months or total monthly operating hours higher than any month in the prior 12 months.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 44 404.1 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: Every A copy of the permit to operate, or approved

designation thereof including all relevant permit conditions , shall be posted on or near accessible to personnel who operate the equipment for which he the permit has been issued in such manner as to clearly visible and accessible, or . These documents shall otherwise be available for inspection at all times 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 authorit y 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 Pe rmit Authority to Construct Expiration: An authority to construct shall expire two

years after the date of issuance, unless substantial use of the authority has begun

. However 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 re newals pursuant to Section 2
- 1
- 407.3, renewal is contingent upon receipt meeting the current BACT and offset requirements of Regulation 2
- 2
- 301, 302 and 303

. 1.3 Except as provided in Sections 2
- 1
- 407.2 and 407.3, an authority to construct that has been re newed 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 written construction period longer than four years, the authority to construct shall, upon request from by the applicant and written confirmation thereof by the APCO , be renewed for additional two
year terms throughout the construction period covered by the EIR

.EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 45 407.3 If substantial use of the authority to construct has beg un, 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 2 6 of this Regulation, the APCO shall notify the applicant in writing of approval, approval with conditions, or denial of the application within 60 35 working days of receipt of a completed application, unless the time is extended with th e 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 proje ct 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 fi nal 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 rese t 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 and , 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: Within 1 0 dys 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 by the applicant of the 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 t he APCO, an applicant for a permit or any other pertaining to the issuance of an authority to construct, any aggrieved person dissatisfied with the decision may appeal to the District Hearing Board who, in person or through a representative, appeared, submi tted written testimony, or otherwise participated in the action before the District mayEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 46 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 reve rsing 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 shall may reverse or modify the decision of the APCO if it determines that the decision of the APCO 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 determi nation or decision made under Regulation 2, Rule 10, in accordance with Section 2
- 1
- 410.2. (Amended October 7 , 1981 /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 condit ions, or disapprove a permit to operate a stationary source subject to this rule within 6 0 90 days after the initial date of the start
- up period of the new or modified source . This , unless such time period may be is extended upon with the written request concu rrence of the APCO and the applicant stating the reasons why further start
- up time is needed. In no case shall

. An authority to construct authorizes operation of the APCO allow source during the start
- up period to be greater than 180 days.

. 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 October 7 , 1981 /17/91; 11/3/93; 10/7/98; 12/21/04 ) 2 - 1 - 412 Pub lic 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 emits results in the increase in emissions o f 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 Sectio n 25532 and or Section 44321 subsections (a) to (f) inclusive of the Health and Safety Code and which is located within within 1000 feet of the outer boundary of school , the APCO shall: 412.1 Prepare a public notice in which the proposed new or modified so urce, 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 750 1000 feet of the source. This notice shall be distributed at leastEPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 47 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 re ceived 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 affe ct 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. (Adopted Novemb er 11/ 1 , 1989 /89; Amended 10/7/98; 5/17/00) 2 - 1 - 413 Permits for Operat ion of Equipment at Multiple Locations Within the District:

Any person required to obtain an authority to construct and /or permit to operate under Sections 2
- 1
- 301 and /or 302 for a sourc e 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 fil ing, initial and permit to operate fees as set forth in Regulation 3, if the source satisfies all of the following requirements: 413.1 The source will not emit more than 10 tons per year of any regulated air pollutant, including POC, CO, NOx, PM 2.5 , PM 10 , NPOC or SO 2 . For PM 2.5 and PM 10 , fugitive particulate emissions from haul road traffic shall not be counted toward the annual limit. 413.2 The source will comply with all applicable provisions of Regulation 2, Rule 5. 413. 3 The source will not be operated within 1000 feet of the outer boundary of any K
- 12 school site, unless the applicable notice requirements of Health and Safety Code Section 42301.6 have been met. 413. 4 Operation of the source will not cause a public nuisance per Regulation 1
- 301. 413.5 T he 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 an y of these requirements, it shall be subject to the requirements of Regulation 2, Rule s 1, 2, and 5 , as if it were a new source.

(Adopted June 7, 1995) 2 - 1 - 414 Loss of Exemption, Public Nuisance: Any source subject to Section 2
- 1
- 317 shall

be subject to p ermit 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 peri od after the permit was issued, then the owner/operator may submitEPA SIP REVIEW COMPARISON (includes 2
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- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 48 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 m ay 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 day s 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 Divisio n. A pre
certification request shall include all of the following: 415.1 A complete description of the source, including make, model number, rated capacity and emission calculations at maximum operating rate; 415.2 Applicable BACT requirements; 415.3 Propo sed 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 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 s uspend 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 serv e 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

suspensio n, 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 a an authority to construct and/or permit to operate should be revoked if it is found that the holder of the 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 attached of the authority to the 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 42308EPA SIP REVIEW COMPARISON (includes 2
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- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 49 of the Ca lifornia 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 exempt under Sections 2
- 1
- 110 through 128 who operates a source which does not require a District permit or 2
- 1
- 401 , 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 those Sections or changes in federal, California or District laws or regulations shall apply for submit a complete permit to operate application for the subject source . A person reques ted by the APCO to apply for permits to operate under the provisions of , as defined Section 2
- 1
- 109 through 128, 401 or 425 202. A person who holds a valid permit to operate for the subject source need not reapply

. (Adopted April 4/ 16 , 1986 /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, a substance which is: any toxic ai r 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. a) i dentified by the Air Resources Board as a toxic air contaminant, or (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 Secti on 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 disc uss 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 the State CEQA Guidelines or an equivalent format specified by the APC O. (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 agenci es; 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; orEPA SIP REVIEW COMPARISON (includes 2
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- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 50 2.2 A contract for the preparation of a Draft Envi ronmental 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 cop y 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 by the Air

Resources Board 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 a candidate toxic air contaminant, or ministerial and the engineering evaluation of the permit application by the District wi ll 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 t o 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. c) a ny other compound identified by the APCO provided that: 1) the APCO has requested the ARB to list the compound as a candidate toxic air contaminant, and 2) six months have passed since the APCO requested the compound to be listed by the ARB, s hall within 90 days of written notice by the APCO of the need for a permit to operate apply for a permit to operate the subject soruce. (Adopted April 16, 1986 ) (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 eval uation 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 propose d 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;EPA SIP REVIEW COMPARISON (includes 2
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- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
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- 51 428.2 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 simila r 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 b e determined based on the latest edition of the 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 BAC T 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 pr ovisions 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 s ubject 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 eva luated. 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 own er or operator of any source operation

which 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 nitroge n and volatile organic compounds from that source 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 sources facilities that emit less that 25 tons per year of oxi des ofEPA SIP REVIEW COMPARISON (includes 2
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- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
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- 52 nitrogen and volatile organic compounds, each taken separately, if the District provides the Air Resources Board with emission inventories of sources facilities emitting greater than 10 tons per year of either oxides of nitrogen or volatile organic c ompounds 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 stationary sources facilities for which this requirement has been waived by t he 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 wei ghted 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 November 11/ 4 , 1992 /92; Amended 6/15/94; 6/7/95; 12/ 21/04 )

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 d etermination 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 aut hority 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 s hall 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 pub lication 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 determ ination 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 infor mation 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)EPA SIP REVIEW COMPARISON (includes 2
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- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
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- 53 2 - 1 - 500 MONITORING AND RECOR DS 2 - 1 - 501 Monitors: Continuous emission mo nitors 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) 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: PM 2.5 and PM 10 shall be measured as prescribed

in EP A 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 __________) 2 - 1 - 604 Dete rmining Compliance With Historical PM 10 and PM 2.5 Emission Limits: For

purposes of determining a source’s compliance with any PM 10 or PM 2.5 emission limit established as a permit cond i tion pursuant to Regulation 2 prior to <insert effective date of regulat

ion>, the condensable portion of the source’s PM 10 or PM 2.5 emissions shall not be included , unless there is an affirmative indication that such condensable portion was intended to be included at the time the permit condition was adopted. (Adopted ______

____) 2 - 1 - 605 Finality of Historical PM 10 and PM 2.5 Regulatory Determinations: Regulatory

determinations regarding the applicability of or compliance with any of theEPA SIP REVIEW COMPARISON (includes 2
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Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
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- 54 requirements of Regulation 2 made before <insert effective date of regulation> shall be fi nal and shall not be invalid because they did not take into account the condensable portion of a source’s PM 2.5 or PM 10 emissions. Such historical determinations include (but are not limited to) prior determinations whether BACT and offsets requirements a pply, prior determinations of the amount of a facility’s cumulative increase, and prior determinations whether T itle V permit requirements applied to a facility’s operation . All such determinations made on or after <insert effective date of regulation> sh all include the condensable portion per the requirements of Section s 2
- 1
- 229 and 2
- 1
- 241, including (but not limited to) determinations regarding whether an existing facility’s ongoing operations are subject to any applicable operating requirements such as Title V Major Facility Review requirements

. (Adopted __________)EPA SIP REVIEW COMPARISON (includes 2
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Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 55EPA SIP REVIEW COMPARISON (includes 2
- 1
- 429 SIP approved)

Bay Area Air Quality Management District November 1, 1989 Amended Regulation as adopted 12/19/2012 2
- 1
- 56