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REGULATION 2

PERMITS

RULE 1

GENERAL REQUIREMENTS

INDEX

2-1-100 GENERAL

2-1-101 Description

2-1-102 Applicable RequirementsApplicability to Other Rules in Regulation 2

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

2-1-104 Deleted October 7, 1998

2-1-105 Exemption, Registered Statewide Portable Equipment

2-1-106 Limited Exemption, Accelerated Permitting Program

2-1-109 New or Modified Sources of Toxic Air ContaminantsDeleted June 7, 1995

2-1-110 Large SourcesDeleted June 7, 1995

2-1-111 Hazardous SubstancesDeleted June 7, 1995

2-1-112 Abatement EquipmentDeleted June 7, 1995

2-1-113 Exemption, Sources and Operations

2-1-114 Exemption, General Combustion Equipment

2-1-115 Exemption, Internal Combustion EquipmentParticulate Sources at Quarries, Mineral 

Processing and Biomass Facilities

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

2-1-117 Exemption, Food and Agricultural Equipment

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

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

2-1-120 Exemption, Dry Cleaning Equipment

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

2-1-122 Exemption, Casting and Molding Equipment

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

2-1-124 Exemption, Semiconductor Manufacturing Equipment

2-1-125 Exemption, Printed Circuit Board Manufacturing Equipment
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2-1-126 Exemption, Testing Equipment

2-1-127 Exemption, Chemical Processing Equipment

2-1-128 Exemption, Miscellaneous Equipment

2-1-129 Major Facility Review

2-1-130 Effect of Explanatory Notes

2-1-200 DEFINITIONS

2-1-201 Organic CompoundsDeleted

2-1-202 Major Stationary Source

2-1-203 National Ambient Air Quality Standards (NAAQS)

2-1-205 Actual Emission Reductions

2-1-205 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

2-1-208 Reasonably Available Control Technology (RACT)

2-1-209 Deleted

2-1-210 Start-Up Period

2-1-210 Fugitive Emiissions211 CEQA

2-1-212 EIR

2-1-213 Facility

2-1-214 Federally Enforceable

2-1-215 Hazardous Air Pollutant (HAP)

2-1-216 Deleted

2-1-217 Potential to Emit

2-1-218 Regulated Air Pollutant

2-1-219 Deleted

2-1-220 Deleted 
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2-1-221 Source

2-1-222 Toxic Air Contaminant (TAC)

2-1-223 Year

2-1-224 Responsible Laboratory Management Practices

2-1-225 Deleted

2-1-226 Statewide Portable Equipment Registration Program

2-1-227 Substantial Use

2-1-228 Particulate Matter

2-1-229 PM10

2-1-230 Functionally Equivalent

2-1-231 Semiconductor Fabrication Area

2-1-232 New Source

2-1-233 Alter

2-1-234 Modify

2-1-235 Deleted

2-1-236 Deleted

2-1-237 BACT/TBACT Workbook

2-1-238 Clean Air Act

2-1-239 Agricultural Source

2-1-240 Graphic Arts Operation

2-1-241 PM2.5

2-1-242 Support Facility

2-1-300 STANDARDS

2-1-301 Authority to Construct

2-1-302 Permit to Operate

2-1-303 Fees

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

2-1-305 Denial, Equipment Not in Conformance with Authority to Construct
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2-1-306 Mandated Reductions Not Applicable

2-1-307 Failure to Meet Permit Conditions

2-1-308 Fugitive Emissions

2-1-309 Canceled Application

2-1-310 Applicability of CEQA

2-1-311 Ministerial Projects

2-1-312 Other Categories of Exempt Projects

2-1-313 Projects Not Exempt From CEQA Review

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

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

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

2-1-317 Public Nuisance Sources

2-1-318 Hazardous Substances

2-1-319 Source Expressly Subject to Permitting Requirements

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

Applications

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

of Local, California and Federal Law 

2-1-400 ADMINISTRATIVE REQUIREMENTS

2-1-401 Persons Affected

2-1-402 Applications

2-1-403 Permit Conditions

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

2-1-405 Posting of Permit to Operate

2-1-406 Transfer

2-1-407 PermitAuthority to Construct Expiration

2-1-408 Action on Applications

2-1-409 Regulations in Force Govern

2-1-410 Appeal
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2-1-411 Permit to Operate, Final Action

2-1-412 Public Notice, Schools

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

2-1-414 Loss of Exemption, Public Nuisance

2-1-415 Source Pre-Certification Procedure

2-1-416 Temporary Amnesty for Unpermitted Sources

2-1-420 Suspension

2-1-421 Appeal from Suspension

2-1-422 Revocation

2-1-423 Hearings

2-1-424 Loss of Exemption

2-1-425 Sources of Toxic Air Contaminants

2-1-426 CEQA-Related Information Requirements

2-1-427 Procedure for Ministerial Evaluations

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

2-1-429 Federal Emissions Statement

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

2-1-431 Date of Completion

2-1-432 Determination of Complete Application

2-1-500 MONITORING AND RECORDS

2-1-501 Monitors

2-1-502 Burden of Proof

2-1-600 MANUAL OF PROCEDURES (Not Included)

2-1-601 Engineering Permitting Procedures

2-1-602 CEQA Guidelines

2-1-603 Particulate Matter Measurements

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

2-1-605 Finality of Historical PM10 and PM2.5 Regulatory Determinations
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REGULATION 2

PERMITS

RULE 1

GENERAL REQUIREMENTS

(Adopted January 1, 1980)

2-1-100 GENERAL

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

review of new sources of air pollution, and of the modification and operation of 

existing sources 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/Exemption Flow Chart. An applicant may choose to obtain a permit to operate 

for a source that is exempt from permit requirements. In that case, the affected 

source is deemed to be subject to the requirements of Section 2-1-302 until such time 

as an application for return to exempt status is approved.

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

2-1-102 Applicable Requirements: The requirementsApplicability 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 modified 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 isthose 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 exemptions 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 SectionsSection 2-1-301 and 302. if the source meets all of (Adopted O

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 

contaminantscriteria:

103.1 The source is not in excess of the quantities listed belowa source category 

subject to any of the provisions of Regulation 6(1), Regulation 8(2) excluding 

Rules 1 through 4, or Regulations 9 through 12; and
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103.2 The source is not subject to any of the provisions of Sections 2-1-316 through 

319; and

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

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

PM2.5, PM10 and carbon monoxide (CO) from the source are each (i) less 

than 10 pounds per highest day; or (ii) if greater than 10 pounds per highest 

day, total emissions are less than 150 pounds per year, per pollutant; and

103.4 The source is not an ozone generator (a piece of equipment designed to 

generate ozone) emitting 1 lb/day or more of ozone.

Note 1: Typically, any source may be subject to Regulation 6, Particulate Matter and Visible 

Emissions. For the purposes of this section, Regulation 6 applicability shall be limited to the 

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

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

production; tub grinder; or similar PM2.5 and PM10-emitting sources, as deemed by the APCO.

Note 2: If an exemption in a Regulation 8 Rule indicates that the source is subject to Regulation 

8, Rules 1 through 4, then the source must comply with all applicable provisions of Regulation 

8, Rules 1 through 4, to qualify for this exemption.

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

2-1-104 Deleted October 7, 1998

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

with all applicable requirements of and is registered under the Statewide Portable 

Equipment Registration Program (California Code of Regulations Title 13, Division 3, 

Chapter 3, Article 5) is exempt from the requirements of Sections 2-1-301 and 302. If 

the equipment ceases to qualify for this exemption for any reason (for example, if it 

remains at any fixed location for more than twelve months or otherwise ceases to be 

portable as defined by the Program), the equipment shall be subject to the 

requirements of Regulation 2 as if it were a new source.

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: Unless subject to any of the 

provisions of Sections 2-1-316 through 319, any new source or modification or 

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

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

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

(Adopted 6/7/95; Amended 10/7/98; 5/17/00; 6/15/05; __/__/12)

2-1-109 Deleted June 7, 1995

2-1-110 Deleted June 7, 1995

2-1-111 Deleted June 7, 1995

2-1-112 Deleted June 7, 1995
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2-1-113 Exemption, Sources and Operations: 

113.1 The following sources and operations are exempt from the requirements of 

Sections 2-1-301 and 302, in accordance with the California Health and 

Safety Code:

1.1 Single and multiple family dwellings used solely for residential 

purposes.

1.2 Agricultural sources with actual emissions of each regulated air 

pollutant, excluding fugitive dust, less than 50 tons per year, except for 

large confined animal facilities subject to Regulation 2, Rule 10. 

Agricultural sources engaged in composing and other similar biomass 

processing that primarily process green materials or animal waste 

products derived from agricultural operations shall not become 

ineligible for this exemption for processing material from nonagricultural operations as long as the facility processes less than 500 

tons per year of such material from non-agricultural operations.

1.3 Any vehicle. Equipment temporarily or permanently attached to a 

vehicle is not considered to be a part of that vehicle unless the 

combination is a vehicle as defined in the Vehicle Code. Specialty 

vehicles may include temporarily or permanently attached equipment 

including, but are not limited to, the following: oil well production service 

unit; special construction equipment; and special mobile equipment.

1.4 Tank vehicles with vapor recovery systems subject to state certification, 

in accordance with the Health and Safety Code.

113.2 The following sources and operations are exempt from the requirements of 

Sections 2-1-301 and 302:

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. Incinerators operated in conjunction with such sources are not exempt.

113.42.1 Road construction, widening and rerouting.

113.52.2Restaurants, cafeterias and other retail establishments for the purpose

of preparing food for human consumption.

113.62.3Structural changes which do not change the quality, nature or quantity

of air contaminant emissions.

113.7 Farming operations, including orchards.
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113.8 Animal husbandry operations. (Adopted October 19, 1983)

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

does not require an Authority to Construct or Permit to Operate.

2.5 Architectural and industrial maintenance coating operations that are 

exclusively subject to Regulation 8, Rules 3 or 48, because coatings 

are applied to stationary structures, their appurtenances, to mobile 

homes, to pavements, or to curbs. This does not apply to coatings 

applied by the manufacturer prior to installation, nor to the coating of 

components removed from such structures and equipment.

2.6 Portable abatement equipment exclusively used to comply with the tank 

degassing or vacuum truck control requirements of Regulation 8, Rules

5, 40 or 53.

2.7 Equipment that transports, holds or stores California Public Utilities 

Commission regulated natural gas, excluding drivers.

2.8 Deleted May 17, 2000

2.9 Deleted May 17, 2000

2.10 Deleted May 17, 2000

2.11 Teaching laboratories used exclusively for classroom experimentation 

and/or demonstration.

2.12 Laboratories located in a building where the total laboratory floor space 

within the building is less than 25,000 square feet, or the total number 

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

Responsible Laboratory Management Practices, as defined in Section 

2-1-224, are used. Buildings connected by passageways and/or 

corridors shall be considered as separate buildings, provided that 

structural integrity could be maintained in the absence of the 

passageways and/or corridors and the buildings have their own 

separate and independently operating HVAC and fire suppression 

systems. For the purposes of this subsection, teaching laboratories that 

are exempt per Section 2-1-113.2.11 are not included in the floor space 

or fume hood totals. In addition, laboratory units for which the owner or 

operator of the source can demonstrate that toxic air contaminant 

emissions would not occur, except under accidental or upset 

conditions, are not included in the floor space or fume hood totals.

2.13 Maintenance operations on natural gas pipelines and associated 

equipment, provided that emissions from such operations consist solely 

of residual natural gas that is vented after the equipment is isolated or 

shut down.

2.14 [Deleted __ 2012]

2.15 Asbestos and asbestos containing material renovation or removal 

conducted in compliance with Regulation 11, Rule 2 and Regulation 3.
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2.16 Closed landfills that have less than 1,000,000 tons of decomposable 

solid waste in place and that do not have an operating landfill gas 

collection system.

2.17 Closed landfills that have not accepted waste for at least 30 years and 

that never had a landfill gas collection system.

2.18 Construction of a building or structure that is not itself a source 

requiring a permit.

2.19 Vacuum trucks subject to Regulation 8, Rule 53 and processing 

regulated material as defined in that rule.

(Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00; 11/15/00; 5/2/01; 7/19/06; 4/18/12)

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 undercombustion

of one of the other Sections of this Rule. Equipment that only produces air 

contaminates in excess of 68 kg per day (150 lbs/day) of any singlea pollutant is not 

exemptgenerated from another source, and the source does not require permitting 

pursuant to Section 2-1-319.

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

Equipment:

1.1 Any combustion source of the above equipment with less than 1 GJ (1 

million BTU) per hour capacityrated heat input.

1141.2Any combustion source of the above equipment with less than 10 GB (10 

million BTU) per hour capacityrated heat input if fired exclusively with 

natural gas, (including compressed natural gas), liquefied petroleum 

gas, (e.g. propane, butane, isobutane, propylene, butylenes, and their 

mixtures), or any combination thereof.

114.2 Internal Combustion Engines and Gas Turbines:

2.1 Internal combustion (IC) engines and gas turbines with a maximum 

output rating less than or equal to 50 hp. 

2.2 Internal combustion (IC) engines and gas turbines used solely for 

instructional purposes at research, teaching, or educational facilities. 

2.3 Portable internal combustion engines which are at a location for less 

than 72 consecutive hours.

2.4 Any engine mounted on, within, or incorporated into any vehicle, train, 

ship, boat, or barge used to provide propulsion for the vehicle, train, 

ship, boat, or barge. 

2.5 Any engine mounted on, within, or incorporated into any vehicle, train, 

ship, boat, or barge used to provide propulsion for the vehicle, train, 

ship, boat, or barge and which is also used to supply mechanical or 
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electrical power to ancillary equipment (e.g., crane, drill, winch, etc.) 

which is affixed to or is a part of the vehicle, train, ship, boat, or barge. 

(Adopted October 10/19, 1983/83; Amended 7/17/91; 6/7/95; 5/17/00; 8/1/01)

2-1-115 Exemption, Internal Combustion Equipment:Particulate Sources at Quarries, 

Mineral Processing and Biomass Facilities: The following equipment is potential 

PM2.5 and PM10 sources are exempt from the requirements of Sectionssections 2-1-

301 and 302. Equipment, provided that only produces air contaminates in excess of 

68 kg per day (150 lbs/day) of any single pollutant isthe source does not 

exemptrequire 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 raising 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.(Adopted 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 

manufacturing; handling or processing of cement, coke, lime, flyash, fertilizer, 

or catalyst; or other similar facility which meets one of the following:

1.1 Mixer and other ancillary sources at concrete or aggregate product 

production facilities with a maximum rated production capacity less 

than 15 cubic yards (yd3) per hour;

1.2 Other source at a facility with a maximum throughput less than 5000 

tons per year;

1.3 Operating, loading and unloading a crusher or grinder which processes 

exclusively material with a moisture content greater than or equal to 20 

percent by weight;

1.4 Operating, loading and unloading the following sources which process 

exclusively material with a moisture content greater than or equal to 5 

percent by weight:

1.4.1 Screen or other size classification;

1.4.2 Conveyor, screw, auger, stacker or bucket elevator;

1.4.3 Grizzly, or other material loading or unloading;
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1.4.4 Storage silos;

1.4.5 Storage or weigh hopper/bin system.

1.5 Haul or access roads;

1.6 Drilling or blasting.

115.2 Sources located at biomass recycling, composting, landfill, POTW, or related 

facilities, including, but not limited to, the following:

2.1 Tub grinder powered by a motor with a maximum output rating less 

than 10 horsepower;

2.2 Hogger, shredder or similar source powered by a motor with a 

maximum output rating less than 25 horsepower;

2.3 Other biomass processing/handling sources at a facility with a total 

throughput less than 500 tons per year.

(Amended 6/7/95; 5/17/00)

2-1-116 Exemption, Furnaces, Ovens and Kilns: The following equipment is exempt from 

the requirements of Sections 2-1-301 and 302. Equipment that only 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.

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 

furnaces, 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 followingthat process 100 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 Aluminum116.4 Drying or any alloy conaining over 50% aluminum.

2.2 Magnesium or any alloy containing over 50% magnesium.

2.3 Lead or any alloy 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 hardening, 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 

lessprovided that a) the oven does not emit pollutants other than 7.4 liters (45 

in3) of any molten metalcombustion products and b) the oven is fired 
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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 resinresins.

116.8 Kilns used for firing ceramic ware, heated exclusively by natural gas, liquefied 

petroleum gas, electricity or any combination thereof.

116.9 Parts cleaning, bake-off, and similar ovens that meet both of the following:

9.1 Oven is equipped with a secondary combustion chamber or abated by 

a fume incinerator; and

9.2 Internal oven volume is 1 cubic yard or less.

116.10 Electric ovens used exclusively for curing or heat-treating where no significant 

off-gassing or evaporation of any air contaminants occurs.

(Adopted 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 only 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.

117.1 Smokehouses or commercial barbecue units in which the maximum 

horizontal inside cross sectional area does not exceed 220 square meters (20

sq. ft).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 

(40yeast 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 less than 10 million BTU per hour.

117.4 Equipment used exclusively to grind, blend, or package, or store tea, cocoa, 

spices, or roasted coffee.
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117.5 Equipment used to dry, mill, grind, blend, or package less than 1000 tons per 

year of dry food products such as seeds, grains, corn, meal, flour, sugar, and 

starch.

117.6 Equipment used to convey, transfer, clean, or separate less than 1000 tons 

per year of dry food products or waste from food production operations.

117.7 Storage equipment or facilities containing dry food products; which are not 

vented to the outside atmosphere, or which handle less than 1000 tons per 

year.

117. 8 Coffee, cocoa and nut roasters with a roasting capacity of less than 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 tanks for beer or wine. Fermentation tanks used for the 

commercial production of yeast for sale are not exempt.

117.11 Brewing operations at facilities producing less than 3 million gallons per year 

of beer. 

117.12 Fruit sulfuring operations at facilities producing less than 10 tons per year of 

sulfured fruits and vegetables.

(Adopted 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 from the requirements of Sections 2-1-301 and 302. Equipment 

that only 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.

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

particulate filter.

118.2 Blast cleaning equipment using a suspension of abrasive in water.

118.3 Portable abrasive blasting equipment used on a temporary basis within the 

District.

118.4 Equipment used exclusively, including solvent cold cleaners using an 

unheated solvent mixture for steamsurface preparation, cleaning provided the 

solution contains, wipe cleaning, fluxing or stripping by use of solutions with a 

VOC content less than one percent VOC (wtor equal to 50 grams per liter 

(0.42 lb/gal).
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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 ft2(144 in2or 929 cm2).. 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 operations 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 input (HHV) is less than 1 million BTU per hour; and

8.3 Batch capacity is less than 150 gallons.

118.9 Wipe cleaning at a facility that meets one of the following:

9.1 net cleanup solvent usage less than 20 gallons per year from all wipe 

cleaning operations; or 

9.2 emission to the atmosphere of less than 150 pounds per year of 

uncontrolled VOC from all wipe cleaning operations. 

At a facility with total wipe cleaning emissions greater than 150 lb/yr, wipe 

cleaning operations may be grouped per Section 2-1-401.4.

118.10 Any solvent cleaning or surface preparation source which employs only nonrefillable hand held aerosol cans.

118.11 Spray gun cleaning performed in compliance with Regulation 8, provided the 

cleaning is associated with a source, such as a spray booth, subject to the 

requirements of Section 2-1-301 and 302.

(Adopted 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 

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

Equipment, provided that only produces air contaminates in excess of 68 kg per day 

(150 lbs/day) of any single pollutant isthe source does not exemptrequire permitting 

pursuant to Section 2-1-319.
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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 consumesConsumes a total of less than 2030 gallons of coating, 

adhesive, laminate or resist per year on a facility wide basis, or emits 

less than 150 pounds per year of uncontrolled VOC on a facility wide 

basis, resulting from the application of these materials; or

2.2 uses.2Uses exclusively coatings or adhesivesmaterials that contain less 

than one percent VOC (wt).

At a facility with emissions from these sources or operations of greater than 

150 lb/yr, these sources or operations may be grouped per Section 2-1-401.3.

119.3 Any coating source which employs only non-refillable hand held aerosol cans.

119.4 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 associated with an exempt coating source, provided that the oven is 

electrically heated, or the oven is fired exclusively with natural gas, liquefied 

petroleum gas (e.g. propane, butane, isobutane, propylene, butylenes, and 

their mixtures) and the maximum firing rate is less than 10 million BTU per 

hour.

119.5 Dipping operations for applying coatings of natural or synthetic resins 

providedAny graphic arts operation that all coatings applied containemits less 

than one percent VOC (wt).

119.6 Printing presses at facilities using less than 7500400 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-wide basis.

(Adopted 10/19/83; Amended 4/16/86; 7/17/91; 6/7/95; 5/17/00; 12/21/04; 11/19/08)

2-1-120 Exemption, Dry Cleaning Equipment: The following equipment Any dry cleaning 

facility which uses (gross consumption) less than 200 gallons of petroleum solvent or 

any other non-halogenated solvent in any single year is exempt from the 

requirements of Sections 2-1-301 and 302. Equipment that only produces air 

contaminates in excess of 68 kg per day (150 lbs/day) of any single pollutant is not 

exempt.

120.1 Any 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 equipment does not use solvent that contains perchloroethylene or lessmore

than 700 gallons per year1% by weight of petroleum solventany other halogenated 

compound.
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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, 198310/19/83; Amended 7/17/91; 6/7/95; 5/17/00; 3/4/09)

2-1-121 Exemption, Material Working and Handling Equipment: The following equipment 

is exempt from the requirements of Sections 2-1-301 and 302. Equipment that only 

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.

121.1 Equipment used for buffing, carving, cutting, drilling, grinding, machining, 

planing, routing, sanding, sawing, shredding, stamping or turning of wood, 

ceramic artwork, ceramic precision parts, leather, metals, plastics, rubber, 

fiberboard, masonry, carbon or graphiteglass, silicon, semiconductor wafers, 

carbon or graphite, provided that organic emissions from the use of coolant, 

lubricant, or cutting oil are 5 ton/yr or less.

121.2 Equipment used for pressing or storing sawdust, wood chips or wood 

shavings.

121.3 Equipment used exclusively to mill or grind coatings and molding compounds 

in a paste form provided the solution contains less than one percent VOC 

(wt).

121.4 Tumblers used for the cleaning or deburring of metal products without 

abrasive blasting.

121.5 Batch mixers with a rated working capacity of 140 liters (5 ft3) rated working 

capacity55 gallons or less.

121.6 Mixers for rubber or plasticsMixing equipment provided no material in powder 

form is added and mixture contains less than one percent VOC (wt).

121.7 Equipment used exclusively for the mixing and blending of materials at 

ambient temperature to make water based adhesives.

121.8 Equipment used exclusively for the mixing and packaging of lubricants or

greases.

121.9 Presses used exclusively for extruding metals, minerals, plastics or wood.

121.10 Presses used for the curing of rubber products and plastic products. The use 

of mold release products or lubricants is not exempt unless the VOC content 

of these materials is less than or equal to 1 percent, by weight, or unless the 

total facility-wide uncontrolled VOC emissions from the use of these materials 

are less than 150 lb/yr.

121.11 Platen presses used for laminating.

121.12 Roll mills or calendars for rubber or plastics.

121.13 Equipment used exclusively for forging, pressing, rolling, stamping or drawing 

metals or for heating metals immediately prior to forging, pressing, rolling, 
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stamping or drawing, provided that: (1) maximum fuel use rate is less than 10 

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

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

121.14 Atmosphere generators used in connection with metal heat treating 

processes.

121.15 Equipment used exclusively for the sintering of glass or metals.

121.16 Equipment used exclusively for the melting or applying of wax containing less 

than one percent VOC (wt).

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, 198310/19/83; 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 only 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 October 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 only 

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.
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123.2 Tanks, vessels and pumping equipment used exclusively for the storage or 

dispensing of any aqueous solution which contains less than 1000 ppm1 

percent (wt) organic compounds. Tanks and vessels storing the following 

materials are not exempt.

2.1 Sulfuric acid with an acid strength of more than 99.0% by weight.

2.2 Phosphoric acid with an acid strength of more than 99.0% by weight.

2.3 Nitric acid with an acid strength of more than 70.0% by weight.

2.4 Hydrochloric acid with an acid strength of more than 30.0% by weight.

2.52.5 Hydrofluoric acid with an acid strength of more than 30.0% by weight.

2.6 More than one liquid phase, where the top phase contains more than 

one percent VOC (wt).

123.3 Containers, reservoirs, tanks or loading equipment used exclusively for:

3.1 Storage or loading of liquefied gases.

3.2 Storage or loading of organic liquids with an initial boiling point greater 

than 150oC (302oF)or mixtures containing organic liquids; where the 

initial boiling point of the organics is greater than 302oF and exceeds 

the actual storage temperature by at least 100oC (180oF). . This 

exemption does not apply to the storage or loading of asphalt or 

asphalt emulsion with a sulfur content equal to or greater than 0.5 wt%.

3.3 The storage or loading of petroleum oils with an ASTM D-93 (PMCC) 

flash point of 54oC (130oF) or higher, when stored or loaded at a 

temperature at least 20oC (36oF) below the flash point.

3.4 The storage or loading of lubricating oils.

3.5 The storage of fuel oils with a gravity of 40 API or lower and having a 

capacity of 38m3(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%. This does not include the storage of asphalt cutback with 

hydrocarbons having an initial boiling point of less than 150oC (302oF)..

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.
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3.11 The storage and/or transfer of an asphalt-water emulsion heated to 

150oF or less.

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

new seal must comply with the applicable provisions of Regulation 8, Rule 5, 

and the District must receive written notification of the tank source number 

and seal type at least three days prior to the installation.

(Adopted October 10/19, 1983,/83; Amended July 11, 19847/11/84; 7/17/91; 6/7/95; 5/17/00)

2-1-124 Exemption, Semiconductor Manufacturing Equipment: The : Semiconductor 

fabrication area(s) at a facility which complies with all of the following equipment isare

exempt from the requirements of Sections 2-1-301 and 302. Equipment, provided

that only produces air contaminates in excess of 68 kgthe 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, 

sanding, 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 pounds 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 is exempt from the requirements of Sections 2-1-301 and 302. Equipment 

that only 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.

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.
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1.3 Soldering. This section 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 only 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 LaboratoryBench scale laboratory equipment or processes used exclusively 

for chemical or physical analyses andor experimentation, quality assurance 

and quality control testing, research and development, or similar bench scale 

laboratory 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 the requirements of Sections 2-1-301 and 302. Equipment that only 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.

127.1 Equipment used exclusively for the dyeing or stripping (bleaching) of textiles 

provided that only solutions containing less than one percent VOC (wt) are 

used.

127.2 Photographic process equipment by which an image is reproduced upon 

material sensitized to radiant energy.

127.3 Containers, reservoirs, or tanks used exclusively for electrolytic plating with, 

or electrolytic polishing of, or electrolytic stripping of the following metals: 

aluminum, brass, bronze, cadmium, copper, iron, nickel, tin, zinc and 

precious metals.

127.4 Containers, reservoirs, or tanks used exclusively for etching (not chemical 

milling), except where ammonia or ammonium-based etchants are used.

(Adopted 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 only 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.

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.
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128.2 Refrigeration units except those used as, or in conjunction with, air pollution 

control equipment.

128.3 Vacuum producing devices in laboratory operations which are used 

exclusively in connection with other equipment which is exempted by this 

Rule, and vacuum producing devices which do not remove or convey air 

contaminants from another source.

128.4 Water cooling towers and water cooling ponds not used for evaporative 

cooling of process water, or not used for evaporative cooling of water from 

barometric jets or from barometric condensers.

128.5 Natural draft hoods, natural draft stacks or natural draft ventilators.

128.6 Vacuum cleaning system used exclusively for industrial commercial or 

residential housekeeping purposes.

128.7 Equipment used to liquefy or separate oxygen, nitrogen or the rare gases 

from the air.

128.8 Equipment used exclusively to compress or hold dry natural gas, excluding 

drivers.

128.9 Equipment used exclusively for bonding lining to brake shoes.

128.10 Equipment used exclusively for the manufacture of water emulsions of 

waxes, greases or oils.

128.11 Brazing, soldering or welding equipment.

128.12 Pharmaceutical manufacturing equipment with annual VOC emissions less 

than 150 pounds per source. Material working and handling equipment such 

as mills, grinders, blenders, granulators, tablet presses, capsule fillers, 

packagers, and conveyors are only exempt if the source also processes less 

than 100 tons per year of pharmaceutical products.

128.13 Equipment used exclusively to blend or package pharmaceuticals and 

cosmetics or to coat pharmaceutical tablets.

128.1314Any 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.

128.1415 Exploratory drilling activities for methane recovery at waste disposal sites, 

for natural gas or for oil. Production wells for the above operationoperations

are not exempt. (Adopted October 19, 1983)

128.15 Aeration 16 Passive aeration of soil, provided thatonly if:

16.1 The duration of the passive aeration doesoperation 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.
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128.18 Any source or operation which exclusively uses consumer products regulated 

by the California Air Resources Board (California Code of Regulations Title 

17, Article 2, Sections 94507-94517).

128.19 Any source or operation deemed by the APCO to be equivalent to a source or 

operation which is expressly exempted by Sections 2-1-113 through 128.

128.20 Wastewater pumping stations where no treatment is performed, excluding 

any drivers.

128.21 Modification, replacement, or addition of components that have only fugitive 

emissions during routine operation (e.g. valves, flanges, pumps, 

compressors, relief valves, process drains) at existing permitted equipment at 

petroleum refineries, chemical plants, bulk terminals or bulk plants, provided 

that:

21.1 the modification, replacement or addition of the components will not 

result in any increase in emissions of any source at the facility (other 

than the fugitive emissions from the components being modified, 

replaced or added) in such a manner as to result in a modification of 

such source as defined in Section 2-1-234 (e.g., through 

debottlenecking of a source);

21.2 the total allowable fugitive emissions from all additional components 

installed pursuant to this exemption at a given process unit during 

any consecutive twelve month period do not exceed 10 lb/day (or, for 

components that are not associated with a process unit, the total 

allowable fugitive emissions from all additional components installed 

at the facility that are not associated with a process unit during any 

twelve-month period do not exceed 10 lb/day), based on the 

maximum fugitive emissions rate allowed under District regulations;

21.3 the components installed satisfy the “typical control technology” listed 

in the BACT/TBACT Workbook;

21.4 the components meet applicable requirements of Regulation 8 rules; 

and

21.5 fugitive emissions from the components are included when 

calculating emissions from the equipment on which the components 

are installed for purposes of applying District regulations to that 

equipment (e.g., BACT and offsets requirements). 

128.22 Fuel cells that use phosphoric acid, molten carbonate, proton exchange 

membrane, solid oxide or equivalent technologies.

128.23 Structure demolition that does not involve asbestos or asbestos containing 

materials.

(Adopted July 16, 198610/19/83; Amended 7/16/86; 7/17/91; 6/7/95; 5/17/00; 11/15/00; 12/21/04)
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2-1-129 Major Facility Review: Notwithstanding the exemptions listed in this section, every 

source exempted by this Rule shall be included in any application for a synthetic 

minor or major facility review permit required by Regulation 2, Rule 6.

(Adopted 12/3/93; Amended 2/1/95; 5/17/00)

2-1-130 Effect of Explanatory Notes: The explanatory notes that are included in italics 

following certain provisions in Regulation 2 are intended to help readers better 

understand the regulatory context of these provisions. They are not intended to be 

binding as regulatory requirements. Where such notes are provided, it is the text of 

the regulatory provision itself, and not the text of the notes, that establishes the 

binding legal requirements of the provision. 

2-1-200 DEFINITIONS

2-1-201 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 Standards (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 which 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 conditions 

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)
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2-1-205 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 modified 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.

(Amended October 7, 1981, April 6, 1988)

2-1-206 Organic Compound, Non-Precursor: Methylene chloride; 1,1,1-trichloroethane; 

1,1,2-trichlorotrifluoroethane (CFC-113); trichlorofluoromethane (CFC-11); 

dichlorodifluoromethane (CFC-12); dichlorotetrafluorethane (CFC-114); and 

chloropentafluoroethane (CFC-115).

(Adopted March 17, 1982)

2-1-207 Organic Compound, Precursor: Any organic compound as defined inrequired under Regulation 1-

233 excepting the non-precursor organic compounds, defined in 1-2342-1-402.

(Adopted March 17, 1982)

2-1-208 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 account 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 costeffectiveness of the application of the control technology to the category of sources only and not to the 

shut-down source.(Adopted March 17, 1982, (Amended October 19, 19837/17/91; 11/20/91; 5/17/00; 12/21/04)

2-1-209 Start-Up Period: The period of time between initial operation and the issuance or 

denial of a permit to operate of a source or facility.

(Adopted October 19, 1983)

2-1-2102-1-203Fugitive 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 following are considered nonprecursor organic compounds:

methane; ethane; methylene chloride (dichloromethane); 1,1,1-

trichloroethane (methyl chloroform); 1,1,2-trichloro-1,2,2-trifluoroethane 

(CFC–113); trichlorofluoromethane (CFC–11); dichlorodifluoromethane 

(CFC–12); chlorodifluoromethane (HCFC–22); trifluoromethane (HFC–23); 

1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC–114); chloropentafluoroethane 

(CFC–115); 1,1,1-trifluoro 2,2-dichloroethane (HFC–123); 1,1,1,2-

tetrafluoroethane (HFC–134a); 1,1-dichloro 1-fluoroethane (HCFC–141b); 1-

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

(HCFC–124); pentafluoroethane (HFC–125); 1,1,2,2-tetrafluoroethane (HFC–
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134); 1,1,1-trifluoroethane (HFC–143a); 1,1-difluoroethane (HFC–152a); 

parachlorobenzotrifluoride (PCBTF); cyclic, branched, or linear completely 

methylated siloxanes; acetone; perchloroethylene (tetrachloroethylene); 3,3-

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

pentafluoropropane (HCFC–225cb); 1,1,1,2,3,4,4,5,5,5-decafluoropentane 

(HFC 43–10mee); difluoromethane (HFC–32); ethylfluoride (HFC–161); 

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

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

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

245fa); 1,1,1,2,3,3-hexafluoropropane (HFC–236ea); 1,1,1,3,3-

pentafluorobutane (HFC–365mfc); chlorofluoromethane (HCFC–31); 1 

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

(HCFC–123a); 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or 

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

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

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

heptafluoropropane ((CF3)2CFCF2OC2H5); methyl acetate, 1,1,1,2,2,3,3-

heptafluoro-3-methoxy-propane (n-C3F7OCH3, HFE–7000), 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE–7500), 

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

(1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE–

7300); propylene carbonate; dimethyl carbonate; and perfluorocarbon 

compounds which fall into these classes:

(i) Cyclic, branched, or linear, completely fluorinated alkanes;

(ii) Cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations;

(iii) Cyclic, branched, or linear, completely fluorinated tertiary amines with no 

unsaturations; and

(iv) Sulfur containing perfluorocarbons with no unsaturations and with sulfur 

bonds only to carbon and fluorine.

In addition, any compound designated as having a negligible contribution to 

photochemical reactivity by the U.S. Environmental Protection Agency as published in 

the Federal Register shall be considered a Non-Precursor Organic Compound.

(Amended 7/17/91; 6/15/94)

2-1-208 Organic Compound, Precursor (POC): Any organic compound as defined in 

Regulation 1-233, excepting the non-precursor organic compounds as defined in 

Section 2-1-207.

(Adopted 3/17/82; Amended 7/17/91)

2-1-209 [Deleted __, 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.
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(Adopted October 19, 1983)

2-1-211 CEQA: The California Environmental Quality Act, Public Resources Code Section 

21000 et seq.

(Adopted July 17, 1991)

2-1-212 EIR: Environmental Impact Report, as defined in Public Resources Code Section 

21061.

(Adopted 7/17/91; Amended 5/17/00)

2-1-213 Facility: Any source, building, structure or installation that emits or may emit any air 

pollutant; or any aggregation of such sources, buildings, structures or installations that

are (i) located on one or more contiguous or adjacent properties; (ii) are under 

common ownership or control; and (iii) are considered to be in the same major 

industrial grouping (identified by the first two digits of the applicable code in The 

Standard Industrial Classification Manual). For purposes of this definition, a Support 

Facility as defined in Section 2-1-242 is considered to be in the same major industrial 

grouping as the facility it supports, regardless of what code may nominally apply 

under The Standard Industrial Classification Manual. .

(Adopted 11/3/93; Amended 12/21/04)

2-1-214 Federally Enforceable: All limitations and conditions that are enforceable by the 

Administrator of the U. S. EPA, including but not limited to (i) requirements developed 

pursuant to 40 CFR Parts 60 (NSPS), 61 (NESHAPS), 63 (HAP), 70 (State Operating 

Permit Programs) and 72 (Permits Regulation, Acid Rain); (ii) requirements contained 

in the State Implementation Plan (SIP) that are applicable to the District; (iii) District 

regulations approved pursuant to 40 CFR Part 51, Subpart I (NSR); (iv) requirements 

in any operating permit issued under an EPA-approved program that is a part of the 

SIP and expressly requires adherence to any permit issued under such program, 

including requirements of any District permit condition (excluding conditions that are 

not enforceable by the Administrator of the U.S. EPA); and (v) requirements in federal 

consent decrees that are enforceable by the Administrator of the U.S. EPA. 

(Adopted November 3, 1993)

2-1-215 Hazardous Air Pollutant (HAP): Any pollutant that is listed pursuant to Section 

112(b) of the federal Clean Air Act.

(Adopted 11/3/93; Amended 5/17/00)

2-1-216 [Deleted __/__/2012]

2-1-217 Potential to Emit: The maximum capacity of a source or facility to emit a pollutant 

based on its physical and operational design. Any physical or operational limitation on 

the capacity of the source or facility to emit a pollutant, including air pollution control 

equipment and restrictions on hours of operation or on the type or amount of material 

combusted, stored, or processed, shall be treated as a part of its design only if the 

limitation, or the effect it would have on emissions, is enforceable by the District or 

EPA (or both). A source or facility that exceeds an enforceable limitation is 

considered to have a potential to emit that is unconstrained by any such exceeded 

limit.
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(Adopted 11/3/93; Amended 5/17/00)

2-1-218 Regulated Air Pollutant: Except for purposes of major facility review in connection 

with Regulation 2, Rule 6, for which the definition in Section 2-6-222 applies, a 

regulated air pollutant is any air pollutant that is subject to a regulation.

(Adopted 11/3/93; Amended 5/17/00)

2-1-219 [Deleted __, 2012]

2-1-220 [Deleted __, 2012]

2-1-221 Source: Any article, machine, equipment, operation, contrivance or related groupings 

of such which may produce and/or emit air pollutants.

(Adopted June 7, 1995)

2-1-222 Toxic Air Contaminant (TAC): An air pollutant that may cause or contribute to an 

increase in mortality or in serious illness or that may pose a present or potential 

hazard to human health. For the purposes of this rule, TACs consist of the 

substances listed in Table 2-5-1 of Regulation 2, Rule 5.

(Adopted 6/7/95; Amended 5/17/00; 6/15/05)

2-1-223 Year, Month and Day: Unless otherwise specified by regulation or by permit 

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

month, and a day shall be a calendar day.

(Adopted June 7, 1995)

2-1-224 Responsible Laboratory Management Practices: For the purposes of meeting the 

laboratory exemption of Section 2-1-113.2.12, Responsible Laboratory Management 

Practices include all of the following measures for minimizing the emissions of toxic 

air contaminants:

224.1 Open container procedures involving materials that contain volatile toxic air 

contaminants (TACs) shall be avoided where feasible.

224.2 Open container storage of volatile hazardous chemical wastes shall be 

avoided.

224.3 Training for laboratory employees handling hazardous materials shall include 

information about minimizing the emissions of volatile TACs. These 

employees shall be directed to avoid open container procedures involving 

volatile TACs where feasible, and to avoid open container storage of 

hazardous chemical waste.

224.4 Fume hoods shall be posted with notices reminding employees to avoid open 

container procedures using volatile TACs where feasible. Laboratories shall 

be inspected periodically, but not less than annually, to confirm that these 

notices are present.

224.5 Laboratory fume hoods shall be monitored periodically to assure proper face 

velocity.
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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.

(Adopted October 7, 1998)

2-1-227 Substantial Use: Substantial use of an Authority to Construct consists of one or more 

of the following: purchase or acquisition of the equipment that constitutes the source; 

ongoing construction activities other than grading or installation of utilities or 

foundations; a contract or commitment to complete construction of the source within 

two years.

(Adopted October 7, 1998)

2-1-228 Particulate Matter (PM): Any airborne finely divided solid or liquid material with an 

aerodynamic diameter smaller than 100 microns.

(Adopted October 7, 1998)

2-1-229 PM10: Particulate matter with aerodynamic diameter smaller than or equal to a 

nominal 10 microns. PM10 emissions shall include gaseous emissions from a source 

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

(Adopted October 7, 1998)

2-1-230 Functionally Equivalent: Performing the same, or equivalent, function as the object 

of comparison. A functionally equivalent replacement source performs the same 

function for the process as the source being replaced, although emissions and other 

characteristics may differ. A replacement that performs additional functions is not 

considered to be functionally equivalent.

(Adopted October 7, 1998)

2-1-231 Semiconductor Fabrication Area: A physically identifiable area in a semiconductor 

manufacturing facility where one or more specific operations in the fabrication of 

semiconductors or related solid state devices occurs and the equipment used to 

perform those operations. The semiconductor fabrication area shall not include 

crystal growth, circuit separation, or encapsulation. All semiconductor fabrication 

equipment may be grouped into a single fabrication area, or multiple fabrication areas 

may be established to correspond to product lines or clean room environments.

(Adopted October 20, 1999)

2-1-232 New Source: Any source that has not been in existence before, including any source 

that meets at least one of the following criteria (except sources that lose a permit 

exemption or exclusion in accordance with Regulation 2-1-424:
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232.1 Any source constructed or proposed to be constructed after March 7, 1979,

but which never had a valid District authority to construct or permit to operate.

232.2 Any source which was not in operation for a period of one year or more and 

did not hold a valid District permit to operate during this period of nonoperation, occurring after March 7, 1979.

232.3 Any relocation of an existing source to a non-contiguous property, except for 

a portable source.

232.4 Any replacement of a source, including an identical replacement of a source, 

occurring after March 7, 1979, regardless of when the original source was 

constructed.

232.5 Any replacement of an identifiable source within a group of sources permitted 

together under a single source number for the purpose of District permitting 

convenience.

232.6 “Rebricking” of a glass furnace where changes to the furnace design result in 

a change in heat generation or absorption.

(Adopted May 17, 2000)

2-1-233 Alter: To make any physical change, change in the method of operation, or other 

similar change at an existing source that may affect air pollutant emissions and that 

does not qualify as a modification under the criteria set forth in Section 2-1-234. The 

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

for an alteration to ensure that the change authorized by the authority to construct or 

permit to operate will not result in a modification under Section 2-1-234. Other forms 

of the word alter, including altered and alteration, shall be defined based on the 

meaning of the root word “alter”. 

(Adopted 5/17/00; Amended 11/15/00)

2-1-234 Modify: To make any physical change, change in method of operation, change in 

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

an increase in emissions that is either of the following:

234.1 Increase in Potential To Emit: An increase in the source’s daily or annual 

potential to emit, determined according to the definition in Section 2-1-217

and the following requirements. 

1.1 Any legally enforceable limitation on a source’s operations that has 

the effect of limiting emissions may be taken into account in 

determining a source’s potential to emit, as provided for in Section 2-

2-217. Such limits may include direct limitations on the source’s 

emissions and surrogate limits on operating conditions such as 

production rate or capacity that have the effect of limiting emissions. 

An hourly emissions limit may be multiplied by 24 to determine daily 

potential to emit and a daily emissions limit may be multiplied by 365 

to determine annual potential to emit, unless the source cannot 

operate at its full permitted limit for 24 hours per day or 365 days per 

year or there is some other reason why short-term permit limits do 
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not accurately represent longer-term potential to emit. A permit limit 

that applies to combined emissions from multiple sources does not 

establish an individual source’s potential to emit, unless the limit

imposes an effective, legally enforceable limitation specifically on the 

emissions from the individual source.

1.2 For sources whose emissions are not limited by any legally 

enforceable limitation (or that cannot physically operate to the full 

extent of such limitation), the source’s potential to emit shall be

determined by the source’s actual physical ability to emit air pollution. 

A source’s potential to emit shall be determined by the most relevant 

and reliable technical information available regarding the source’s 

operation, which may include design information, engineering 

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

take into account any limitation on the effective capacity of the source 

as a result of the capacity of any upstream or downstream process 

that acts as a “bottleneck” (i.e., a limit on the ability of the source to 

operate at maximum capacity).

1.3 For emissions toxic air contaminants and hazardous air pollutants, a 

change is not a modification unless the increase in the source’s 

potential to emit results in an increase in cancer risk (as defined in 

Regulation 2-5-206) greater than 1.0 in a million (10-6) or an increase 

in chronic hazard index (as defined in Regulation 2-5-208) greater 

than 0.20. An increase in emissions of less than the trigger levels 

specified in Table 2-5-1 in Regulation 2, Rule 5 shall be presumed 

not to cause an increase in cancer risk of greater than 1.0 in a million 

or an increase in chronic hazard index of greater than 0.20. 

234.2 Increase Over Actual Emissions Baseline: An increase that is a “major 

modification” under either of the following definitions:

2.1 Non-Attainment NSR Pollutants: For NOx, VOC, PM2.5, and SO2, a 

“major modification” as defined in 40 C.F.R. section 51.165(a)(1)(v);

2.2 Other Federal NSR Pollutants: For other pollutants, a “major 

modification” as defined in 40 C.F.R. section 51.166(b)(2).

For purposes of determining whether an increase in emissions constitutes a 

“major modification” under Sections 234.2.1 and 234.2.2, all provisions of the 

major NSR requirements under 40 C.F.R. Sections 51.165 and 51.166, 

respectively, are incorporated by reference and shall be used in implementing 

this Section, including (but not limited to): all definitions in Sections 

51.165(a)(1) and 51.166(b); the applicability provisions in subsections 

51.165(a)(2) and 51.166(a)(7); and the documentation, monitoring, 

recordkeeping, and reporting requirements in subsections 51.165(a)(6) and 

(a)(7) and subsections 51.166(r)(6) and (r)(7).

Other forms of the word modify, including modified and modification, shall be defined 

based on the meaning of the root word “modify”.

(Adopted 5/17/00; Amended 11/15/00; 6/15/05)
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2-1-235 [Deleted, ___ 2012] 

2-1-236 [Deleted, ___ 2012] 

2-1-237 BACT/TBACT Workbook: District guidelines setting forth emission limitations and/or 

control technologies constituting BACT and TBACT for a number of source types or 

categories.

(Adopted June 15, 2005)

2-1-238 Clean Air Act: The federal Clean Air Act, as amended in 1990, including the 

implementing regulations.

(Adopted June 15, 2005)

2-1-239 Agricultural Source: A source of air pollution, or group of sources, used in the 

production of crops, or the raising of fowl or animals located on contiguous property 

under common ownership or control that meets any of the following criteria:

239.1 Is a confined animal facility as defined under Regulation 2, Rule 10;

239.2 Is an internal combustion engine used in the production of crops or the 

raising of fowl or animals, including, but not limited to, an engine subject to 

Article 1.5 (commencing with Section 41750) of Chapter 3 of Part 4 of 

Division 26 of the California Health and Safety Code, except an engine that is 

used to propel implements of husbandry as that term is defined in Section

36000 of the Vehicle Code, as that section existed on January 1, 2003;

239.3 Is a Major Facility, as that term is defined in Regulation 2, Rule 6, or that is a 

source that is otherwise subject to regulation by the District pursuant to 

Division 26 of the California Health and Safety Code or the federal Clean Air 

Act (42 U.S.C. Sec. 7401 eq.).

(Adopted July 19, 2006)

2-1-240 Graphic Arts Operation: Any gravure, flexographic printing, digital printing, screen 

printing, letterpress, and lithographic printing operation; any associated coating 

laminating, and adhesive operation to produce a printed product; and the use of 

solvents for any surface preparation and cleanup for any operation stated above.

(Adopted November 19, 2008)

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

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

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

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

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

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

purposes under Regulation 2.

2-1-300 STANDARDS
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2-1-301 Authority to Construct: Any person who, after July, 1972, puts in place, builds, 

erects, installs, modifies, modernizes, alters or replaces any article, machine, 

equipment or other contrivance, the use of which may cause, reduce or control the 

emission of air contaminants, shall first secure written authorization from the APCO in 

the form of an authority to construct. Routine repairs, maintenance, or cyclic 

maintenance that includes replacement of components with identical 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 in 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 contrivance, the use of which may 

cause, reduce or control the emission of air contaminants, such person shall first 

secure written authorization from the APCO in the form of a permit to operate.

302.1 Permit to Operate, MFR: Any facility subject to the requirements of 

Regulation 2, Rule 6, Major Facility Review, shall comply with the permitting 

requirements included in that Rule in addition to securing a permit to operate 

under this Rule.

302.2 Permit to Operate, Accelerated Permitting Program: Unless subject to any of 

the provisions of Sections 2-1-316 through 319, a temporary permit to 

operate may be obtained to authorize operation of a new source or a 

modification or alteration of an existing source under this Section pending full 

review for the following categories of operation:

2.1 A new source or a modification of an existing source if the following 

conditions are satisfied:

1.1 The source will not have the potential to emit POC, NPOC, 

NOx, SO2, PM2.5, PM10, or CO in an amount of 10 pounds or 

more on any day, determined without taking into account the 

effect of any abatement device or equipment; or the source 

has been pre-certified under Section 2-1-415; and

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

contaminants in an amount that exceeds any of the trigger 

levels set forth in Table 2-5-1 of Regulation 2, Rule 5, 

determined without taking into account the effect of any 

abatement device or equipment; and

1.3 The source is not subject to the public notice requirements of 

Section 2-1-412. 

2.2 An abatement device that is a replacement for an existing abatement 

device, provided that the replacement will not increase the potential 

to emit any regulated air pollutant from the abatement device and the 

source(s) whose emissions it abates.

2.3 An alteration of an existing source, as defined in Section 2-1-233. 
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An applicant seeking a permit for a new, modified or altered source that is in 

any of the preceding categories may apply for a temporary permit to operate 

under the Accelerated Permitting Program by submitting (i) a permit 

application form and source data form(s) properly filled out with all required 

information; (ii) payment of applicable fees (the minimum permit fee required 

to install and operate each source); (iii) a statement explaining which of the 

categories in subsections 2.1 through 2.3 above the source is in; (iv) a 

certification that the source meets all of the requirements of that category; (v) 

a certification that the source is not subject to Sections 2-1-316 through 2-1-

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

Source Performance Standards and has determined that the application will 

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

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

(vi) of the preceding sentence. The owner or operator of the source may 

begin construction or operation of the source, or of the modification or 

alteration of the source, immediately upon receipt of the temporary Permit to 

Operate. The APCO shall complete a full review of the application and take 

final action in accordance with Section 2-1-408 within the time period 

provided for in that section. Any applicable offset requirements under

Regulation 2, Rule 2, Sections 302 and 303 shall be satisfied before final 

permit issuance. The temporary Permit to Operate shall cease to be effective 

upon final action by the APCO under Section 2-1-408 (or if the permit 

application is canceled or withdrawn prior to such final action). During 

periods that the source is operating under the temporary Permit to Operate, 

the operator shall keep records sufficient to demonstrate that emissions do 

not exceed applicable qualifying levels for the Accelerated Permitting 

Program as set forth in subsections 2.1 through 2.3 above.

302.3 Permit to Operate, Temporary Operation: A temporary permit may be 

obtained to allow an operator to test equipment, processes, or new 

formulations. A temporary permit may also be obtained for a temporary 

source which replaces critical equipment during scheduled maintenance. The 

APCO may issue a non-renewable temporary Permit to Operate a temporary 

operation at any source, subject to the following:

3.1 The proposed operation will comply with all requirements of Regulation 

1 and Regulations 5 through 12. 

3.2 The permit shall expire 3 months after issuance.

3.3 The operator shall provide offsets, at a ratio of 1.15 to 1, for all 

increased emissions of NOx, POC, SO2, PM2.5, and PM10 resulting from 

the use of the temporary permit. 

3.4 The operator shall certify that the temporary operation is for one of the 

following purposes:

4.1 Equipment testing

4.2 Process testing, including new formulations
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4.3 Temporary replacement of an existing permitted source with an 

identical or functionally equivalent source

3.5 The operator shall comply with the provisions of Regulation 2-2-301, 

except that the cost-effectiveness analysis shall consider the short 

duration of the operation.

(Amended 11/3/93; 6/7/95; 10/7/98; 11/15/00)

2-1-303 Fees: Persons subject to this Regulation shall pay the fees required, as set forth in 

Regulation 3.

2-1-304 Denial, Failure to Meet Emission LimitationsComply With Applicable 

Requirements: The APCO shall deny an authority to construct or a permit to operate 

if the APCO finds that the subject of the application would not or does not comply with 

theany 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, install, modify, modernize, alter 

or replace any article, machine, equipment, or other contrivance for which an authority 

to construct has been issued except in a manner substantially in conformance with 

the authority to construct. If the APCO finds, prior to the issuance of a permit to 

operate 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 Reductions Not Applicable: Emission reductions resulting from 

requirements of federal, state or District laws, rules or regulations shall not be banked 

or allowed as emission offsets or emission reduction credits unless a complete 

application for such banking or 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 Available Control Technology shall be 

banked or allowed as emission offsets or actual emission reductions. (Amended October 7, 1981)

reduction credits.

(Amended 10/7/81; 7/17/91; 6/15/94)

2-1-307 Failure to Meet Permit Conditions: A person shall not operate any article, machine, 

equipment or other contrivance, for which aan authority to construct or permit to 
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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 Regulations, 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 

appropriate fees. The 90 day period may be extended for an additional 90 days upon 

receipt of a written request from the applicant and written approval thereof by the 

APCO. The APCO shall notify the applicant in writing of a cancellation, and the 

reasons therefore. A cancellation shall become effective 10 days after the applicant 

has been notified. The cancellation shall be without prejudice to any future 

applications.

(Adopted April 6, 1988)

2-1-310 Applicability of CEQA: Except for permit applications which will be reviewed as 

ministerial projects under Section 2-1-311 or which are exempt from CEQA pursuant 

to Section 2-1-312, all proposed new and modified sources for which an authority to 

construct must be obtained from the District shall be reviewed in accordance with the 

requirements of CEQA.

310.1 For those District permit applications which must be reviewed in accordance 

with the requirements of CEQA, the District will not normally be a Lead 

Agency under CEQA. Rather, pursuant to CEQA, the Lead Agency will 

normally be an agency with general governmental powers, such as a city or 

county, rather than a special purpose agency such as the District.

310.2 The issuance of an authority to construct and of a permit to operate for the 

same new or modified source or stationary source are considered to be parts 

of the same project for the purposes of CEQA.

310.3 The APCO shall not authorize, on an interim basis or otherwise, the 

installation or operation of any proposed new or modified source, the 

permitting of which is subject to the requirements of CEQA, until all of the 

requirements of CEQA have been satisfied.

(Adopted 7/17/91; Amended 10/21/92)

2-1-311 Ministerial Projects: An application for a proposed new or modified source or 

stationary source will be classified as ministerial and will accordingly be exempt from 

the CEQA requirement of Section 2-1-310 if the District's engineering evaluation and 

basis for approval or denial of the permit application for the project is limited to the 
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criteria set forth in Section 2-1-428 of this rule and to the specific procedures, fixed 

standards and objective measurements set forth in the District's Permit Handbook 

and BACT/TBACT Workbook. The method for determining whether a given permit 

application will be classified as ministerial is set forth in Section 2-1-427.

(Adopted 7/17/91; Amended 10/7/98)

2-1-312 Other Categories of Exempt Projects: In addition to ministerial projects, the 

following categories of projects subject to permit review by the District will be exempt 

from the CEQA review, either because the category is exempted by the express 

terms of CEQA (subsections 2-1-312.1 through 312.9) or because the project has no 

potential for causing a significant adverse environmental impact (subsections 2-1-

312.10 and 312.11). Any permit applicant wishing to qualify under any of the specific 

exemptions set forth in this Section 2-1-312 must include in its permit application 

CEQA-related information in accordance with subsection 2-1-426.1. In addition, the 

CEQA-related information submitted by any permit applicant wishing to qualify under 

subsection 2-1-312.11 must demonstrate to the satisfaction of the APCO that the 

proposed project has no potential for resulting in a significant environmental effect in 

connection with any of the environmental media or resources listed in Section II of 

Appendix I of the State CEQA Guidelines.

312.1 Applications to modify permit conditions for existing or permitted sources or 

facilities that do not involve any increases in emissions or physical 

modifications.

312.2 Permit applications to install air pollution control or abatement equipment.

312.3 Permit applications for projects undertaken for the sole purpose of bringing 

an existing facility into compliance with newly adopted regulatory 

requirements of the District or of any other local, state or federal agency.

312.4 Permit applications submitted by existing sources or facilities pursuant to a 

loss of a previously valid exemption from the District's permitting 

requirements.

312.5 Permit applications submitted pursuant to the requirements of an order for 

abatement issued by the District's Hearing Board or of a judicial enforcement 

order.

312.6 Permit applications relating exclusively to the repair, maintenance or minor 

alteration of existing facilities, equipment or sources involving negligible or no 

expansion of use beyond that previously existing.

312.7 Permit applications for the replacement or reconstruction of existing sources 

or facilities where the new source or facility will be located on the same site 

as the source or facility replaced and will have substantially the same 

purpose and capacity as the source or facility replaced.

312.8 Permit applications for cogeneration facilities which meet the criteria of 

Section 15329 of the State CEQA Guidelines.

312.9 Any other project which is exempt from CEQA review pursuant to the State 

CEQA Guidelines.
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312.10 Applications to deposit emission reductions in the emissions bank pursuant to 

Regulation 2, Rule 4 or Regulation 2, Rule 9.

312.11 Permit applications for a proposed new or modified source or sources or for 

process changes which will satisfy the “No Net Emission Increase" provisions 

of District Regulation 2, Rule 2, and for which there is no possibility that the 

project may have any significant environmental effect in connection with any 

environmental media or resources other than air quality. Examples of such 

projects include, but are not necessarily limited to, the following:

11.1 Projects at an existing stationary source for which there will be no net 

increase in the emissions of air contaminants from the stationary 

source and for which there will be no other significant environmental 

effect;

11.2 A proposed new source or stationary source for which full offsets are 

provided in accordance with Regulation 2, Rule 2, and for which there 

will be no other significant environmental effect;

11.3 A proposed new source or stationary source at a small facility for which 

full offsets are provided from a small facility bank established by the 

APCO pursuant to Regulation 2-4-414, and for which there will be no 

other significant environmental effect;

11.4 Projects satisfying the "no net emission increase" provisions of District 

Regulation 2, Rule 2 for which there will be some increase in the 

emissions of any toxic air contaminant, but for which the District staff’s 

health risk screening analysis shows that the project will not result in a 

cancer risk (as defined in Regulation 2-5-206) greater than 1.0 in a 

million (10-6) and will not result in a chronic hazard index (as defined in 

Regulation 2-5-208) greater than 0.20, and for which there will be no 

other significant environmental effect.

(Adopted 7/17/91; Amended 5/17/00; 12/21/04; 6/15/05)

2-1-313 Projects Not Exempt From CEQA Review: Notwithstanding the exemptions from 

CEQA review set forth in Section 2-1-312, such exemptions shall not apply to any 

project covered by the categories set forth in subsections 2-1-312.1 through 312.9 

where there is a reasonable possibility that the activity will have a significant effect on 

the environment due to unusual circumstances, or due to cumulative impacts of 

successive projects of the same type in the same place over time. Such projects shall 

be reviewed in accordance with the requirements of CEQA.

(Adopted 7/17/91; Amended 6/15/05)

2-1-314 Case-by-Case CEQA Determinations: Notwithstanding the requirement of Section 

2-1-311, the District shall, for any permit applications which were deemed complete 

by the District on or before July 17, 1991, review said permit applications on a caseby-case basis in order to determine whether the District's evaluation of the permit 

application will involve any element of discretion. If as a result of this case-by-casereview, the District determines that the evaluation of the permit application will not 

involve any element of discretion on its part, then the application may be treated as a 

ministerial project so long as all of the following conditions are met:
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314.1 The District makes a specific written finding to this effect as part of its 

determination that the permit application is complete;

314.2 The District will merely apply the law to the facts as presented in the permit 

application; and

314.3 The District's evaluation of the permit application and its decision regarding 

whether to issue the permit will be limited to the criteria set forth in Section 2-

1-428.

(Adopted July 17, 1991)

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

application for which the District is a Lead Agency under CEQA, where significant 

adverse environmental impacts have been identified in the District's review of, or in 

the course of the public comment period on, said application, the APCO shall deny an 

authority to construct to such new or modified stationary source, as proposed, unless:

315.1 The applicant agrees to implement or carry out such available alternatives or 

mitigation measures which would, to the extent feasible, avoid or substantially 

lessen any such significant adverse environmental impacts as a condition for 

issuance of an authority to construct; or

315.2 The APCO finds that any such available, feasible alternatives or mitigation 

measures are within the responsibility and jurisdiction of another public 

agency, and such measures have been adopted by such other agency, or 

can and should be adopted by such other agency; or 

315.3 The APCO finds that there are no feasible alternatives or measures to 

substantially mitigate the unavoidable adverse environmental effects 

associated with the project, but that the benefits of the project outweigh such 

unavoidable adverse environmental effects, and the APCO states in writing 

the reasons and overriding considerations to support the issuance of the 

authority to construct based on the Final EIR and other information in the 

record notwithstanding the unavoidable adverse environmental effects 

associated with the project.

(Adopted November 20, 1991)

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

Pollutants: Notwithstanding any exemption contained in Section 2-1-103 or Section 

114 through 128, any new or modified source meeting any of the following criteria 

shall be subject to the requirements of Regulation 2, Rule 1, Section 301 and/or 302.

316.1 If a new or modified source emits one or more toxic air contaminants in 

quantities that exceed the trigger levels listed in Table 2-5-1 of Regulation 2-5 

and the source did not have a valid exemption from Regulation 2-1-302 when 

the source was constructed or modified, then the source shall be subject to 

the requirements of Sections 2-1-301 and 302, unless the owner or operator 

of the source can demonstrate to the satisfaction of the APCO that the 

source:
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1.1 Will comply with the TBACT requirement of Regulation 2-5-301 (if 

applicable); and

1.2 Will comply with the project risk limits of Regulation 2-5-302 (if 

applicable).

316.2 If a new or modified source, or group of related sources in a proposed 

construction or modification will emit 2.5 or more tons per year of any single 

hazardous air pollutant or 6.25 or more tons per year of any combination of 

hazardous air pollutants, then the source or group of sources shall be subject 

to the requirements of Sections 2-1-301 and 302.

(Adopted 4/16/86; Amended 7/17/91;Renumbered and Amended 6/7/95;

Amended 5/17/00; 6/15/05)

2-1-317 Public Nuisance Sources: Notwithstanding any exemption contained in Section 2-1-

103 or Section 114 through 128, any new or modified source meeting any of the 

following criteria shall be subject to the requirements of Regulation 2, Rule 1, Section 

301 and/or 302. If any exempt source receives two or more public nuisance 

violations, under Regulation 1, Section 301 or Section 41700 of the California Health 

& Safety Code, within any consecutive 180-day period, then the source shall be 

subject to the requirements of Section 2-1-301 and 302. Such a source will be treated 

as loss of exemption source under Section 2-1-414, and will be subject to the annual 

permit to operate fee specified in Regulation 3. This section does not apply to a 

source that is exempt per section 2-1-113.

(Adopted 6/7/95; Amended 5/17/00)

2-1-318 Hazardous Substances: Notwithstanding any exemption contained in Section 2-1-

103 or Section 114 through 128, any new or modified source meeting any of the 

following criteria shall be subject to the requirements of Regulation 2, Rule 1, Section 

301 and/or 302. If a new or modified source at a facility in one of the 28 categories 

listed in Section 169(1) of the Clean Air Act that emits 100 tons per year of any PSD 

Pollutant as defined in Section 2-2-223, or at a facility not listed in any such category 

that emits 250 tons per year or more of any PSD Pollutant as defined in Section 2-2-

223, emits any of the following air contaminants in excess of the quantities listed 

below, then it is subject to the requirements of Sections 2-1-301 and 302.

318.1 0.6 ton per year of lead,

318.2 0.007 ton per year of asbestos (excepting demolition, renovation, and waste 

disposal),

318.3 0.0004 ton per year of beryllium,

318.4 0.1 ton per year of mercury,

318.5 1 ton per year of vinyl chloride,

318.6 3 tons per year of fluorides,

318.7 7 tons per year of sulfuric acid mist, and
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318.8 10 tons per year of reduced sulfur compounds (including hydrogen sulfide).

(Adopted 10/19/83; Renumbered and Amended 6/7/95; Amended 5/17/00)

2-1-319 Source Expressly Subject to Permitting Requirements: Notwithstanding any 

exemption contained in Section 2-1-103 or Sections 2-1-114 through 2-1-128, any 

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

Section 2-1-302:

319.1 The emission rate of any regulated air pollutant (except greenhouse gases) 

from the source is greater than 5 tons per year, after abatement.

319.2 The source is subject to the requirements of Section 2-1-316, 317, or 318.

(Adopted May 17, 2000)

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

Applications: In addition to the explicit conditions contained in an authority to 

construct and/or permit to operate, the owner and operator of a source of air pollutant 

emissions shall construct and operate the source in conformance with any 

representations made or information submitted to the APCO in connection with the 

application for such authority to construct and/or permit to operate, provided such 

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

authority to construct and/or permit to operate. Construction or operation of the 

source not in conformance with such material representations or information shall be 

a violation of this Regulation.

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

Requirements of Local, California and Federal Law: Issuance of an authority to 

construct and/or permit to operate for a facility under this Rule shall not relieve the 

owner and operator of the facility from the responsibility to comply fully with all 

applicable provisions of the state implementation plan for California and all other 

requirements under local, California and federal law. 

2-1-400 ADMINISTRATIVE REQUIREMENTS

2-1-401 Persons Affected: Any person who has been granted or requires an authority to 

construct shall secure a permit to operate. Any person who is not required to obtain 

an authority to construct and who is required to obtain a permit to operate shall 

secure a permit to operate. In addition, the following shall apply for a permit to 

operate for any source which is not subject to an exemption per Sections 2-1-103, 

105, or 113 through 2-1-129:

401.1 On or before July 1, 1977, any person who operates a facility causing 

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.
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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.

401.52 On or before July 1, 1980, persons who operate gasoline terminals, bulk 

plants and facilities that dispense gasoline for sale or dispense more than 

60,000 gallons of gasoline per year. (Amended April 16, 1986)

401.63 Persons who operate coating, adhesive, dipping, laminating, printing, 

screening, masking, electrodeposition, resist application, or similar source or

equipment at any facility whose coatingor laminatingcoating, adhesive, 

dipping, laminating, printing, screening, masking, electrodeposition, resist 

application, or similar source or equipment consume greater than 2030

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 

convenient 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 surface area of more than 1 ft.2(144 in2or 929 cm2),, including 

pipewipe cleaning operations using morewith a net solvent usage greater

than 520 gallons per year, and that emit 150 pounds of solvent.(Adopted January 

7, 1987)VOC per year or more, on a facility-wide basis. Upon request of the 

applicant, the APCO may group wipe cleaning operations into a single facilitywide source, or other convenient groupings.

401.5 Persons who plan to modify an existing source or install a new source which 

qualifies for the Accelerated Permitting Program in Section 2-1-106 shall first 

submit a complete permit application, in accordance with Section 2-1-302.2.

401.6 Persons who operate a source that is subject to either loss of exemption or 

exclusion per section 2-1-414 or 2-1-424.

401.7 Persons who operate a source constructed after July 1, 1972.

401.8 On or before July 1, 2005, any person who operates a crematorium for the 

cremation of human remains.

(Amended 4/16/86; 1/7/87; 7/17/91; 6/7/95; 10/7/98; 5/17/00; 12/21/04)

2-1-402 Applications: Every application for an authority to construct or a permit to operate 

shall be submitted to the APCO on the forms specified, and shall contain all of the 

information required. Sufficient information must be receivedfollowing information:

402.1 Sufficient information for the APCO to determine the emissions from the

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

the sources of any emission reduction credits that will be relied upon as part 

of the application.

402.2 Any information requested by the APCO in order to determine the air quality 

impact from sources that are the subject of the application.
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402.3 All applicable fees, as described in Regulation 3.

402.4 If the application is subject to the New Source Review requirements of 

Regulation 2, Rule 2, all information required under Section 2-2-401.

402.5 CEQA-related information that satisfies the requirements of Section 2-1-426.

402.6 A certification stating whether the source triggers the requirements of Section 

2-1-412.

402.7 A specific designation of any information contained in the application that the 

applicant asserts is trade secret pursuant to Section 6254.7 of the 

Government Code. The applicant shall submit two copies of each page 

containing trade secret information. One copy shall be clearly labeled “Trade 

Secret,” and each trade secret item shall be clearly marked. The second copy 

shall be clearly labeled “Public Copy,” and each trade secret item shall be 

redacted. The applicant shall include, for each item which it asserts to be a 

trade secret, a statement signed by a responsible representative of the 

applicant identifying that portion of Government Code Section 6254.7(d) upon 

which the assertion is based and a brief statement setting forth the basis for 

this assertion.

402.8 Any other information requested by the APCO as necessary to determine 

whether the new, modified or altered source will comply with applicable 

regulatory requirements.

The application must contain sufficient information to enable the APCO to make a 

decision or a preliminary decision on the application and/or on any exemptions 

authorized by this Regulation. The APCO may consult with appropriate local and 

regional agencies to determine whether the application conforms with adopted plans 

and with local permit requirements.

2-1-403 Permit Conditions: TheExcept as to permit applications reviewed in accordance with 

Section 2-1-311, the APCO may impose any permit condition that he deems 

reasonably necessary to insure compliance with federal or California law or District 

regulations. For any permit application which was reviewed as a ministerial project in 

accordance with Section 2-1-311, the APCO shall only impose permit conditions as 

set forth in the District's Permit Handbook for the type of source being permitted. The 

APCO may require the installation of devices for measurement or analysis of source 

emissions or ground-level concentrations of air contaminants.

(Amended 7/17/91; 10/7/98)

2-1-404 Changes in Throughput and Hours of Operation: After a permit to operate has 

been issued, in accordance with subsections 2-1-401.1 through 401.4, changes in 

hours of operation, fuels, process materials or throughput are allowed only if 

emissions resulting from such changes are not of such quantity as would cause 

denial of an authority to construct after an air quality permit analysis made pursuant to 

the provisions of Rule 2 of this Regulation. "Change" is the use of a process or fuel 

not used in the prior 12 months, or a throughput level higher than the highest level in 

the prior 12 months or total monthly operating hours higher than any month in the 

prior 12 months.
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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 thereofincluding all relevant permit conditions, shall be posted on or 

nearaccessible to personnel who operate the equipment for which hethe permit has 

been issued in such manner as to clearly visible and accessible, or. These 

documents shall otherwise be available for inspection at all timesincluded on site in 

the operator’s manual, or shall be accessible to the operators electronically.

(Amended 5/17/00; 11/15/00)

2-1-406 Transfer: An authority to construct or a permit to operate shall not be transferable 

from one facility to another. An authority to construct or a permit to operate shall not 

be transferable from one person to another without obtaining written permission of the 

APCO.

2-1-407 PermitAuthority to Construct Expiration: An authority to construct shall expire two 

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

Howeverthe authority to construct has been renewed. Upon receipt of a written 

request and any required fees prior to the expiration of the authority to construct, the 

APCO shall renew the authority to construct in writing if the APCO determines that the 

renewal complies with this section and that the holder of the authority to construct is 

not violating any provision or condition of the authority. If the APCO does not act on 

such a request prior to expiration of the authority to construct, the authority shall 

remain in effect until the APCO has acted to approve or deny the renewal request (up 

to a maximum of an additional 12 months).

407.1 The following requirements shall apply to renewals:

1.1 Except as provided in Sections 2-1-407.2 and 407.3, an authority to 

construct may be renewed one time for an additional two years.

1.2 Except for renewals pursuant to Section 2-1-407.3, renewal is 

contingent upon receiptmeeting 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 renewed shall expire four years after the date 

of original issuance.

407.2 If the authority to construct was issued pursuant to an environmental impact 

report (EIR) that explicitly covered a writtenconstruction period longer than 

four years, the authority to construct shall, upon request fromby the applicant

and written confirmation thereof by the APCO, be renewed for additional twoyear terms throughout the construction period covered by the EIR.
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407.3 If substantial use of the authority to construct has begun, either during the 

initial term or during a renewal term, the authority to construct shall, upon 

request by the applicant, be renewed for additional two-year terms until the 

permit to operate is issued, or, if a term of less than two years is requested,

for such term as is requested.

(Amended 7/17/91; Amended 10/7/98; 6/1/05)

2-1-408 Action on Applications: Except for applications subject to Section 2-1-412, the 

publication and public notice requirements of Section 2-2-404 or Section 2-10-402, or 

to the provisions of Rule 26 of this Regulation, the APCO shall notify the applicant in 

writing of approval, approval with conditions, or denial of the application within 6035

working days of receipt of a completed application, unless the time is extended with 

the written consent of the applicant. 

408.1 Notwithstanding this 35-working-day limit, the APCO shall not take final action 

for any project for which an Environmental Impact Report or a Negative 

Declaration has been prepared until a Final EIR for that project has been 

certified or a Negative Declaration for that project has been approved, and 

the APCO has considered the information in that Final EIR or Negative 

Declaration. For cases in which the 35 working-day time period has elapsed, 

the APCO shall take final action on the application within 30 days after the 

certification of the Final EIR or approval of the Negative Declaration, or after 

final resolution of any appeals from such certification or approval. This 

subsection shall not apply to any project that is exempt from the District's 

CEQA requirements pursuant to Section 2-1-311 or 2-1-312. Any substantive 

change to an application which occurs after the evaluation period has begun 

shall allow the APCO to start a new completeness review period, and to reset 

the 35 working-day limit after the application has been deemed complete.

(Amended 11/1/89; 7/17/91; 11/20/91; 11/3/93; 6/7/95; 10/7/98; 12/21/04; 7/19/06)

2-1-409 Regulations in Force Govern: The decision as to whether an authority to construct 

shall be granted or denied shall be based on federal, state and District BACT 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 10 dysThe 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 the APCO, an applicant for a permit or any 

otherpertaining 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, submitted written 

testimony, or otherwise participated in the action before the District may 
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request the Hearing Board of the District to hold a public hearing to determine 

whether the authority to construct was properly issued or for an order 

modifying or reversing that decision. Such appeals shall be filed in writing 

and contain a summary of the issues to be raised. The Hearing Board shall 

consider the appeal at a public hearing within 30 days of the filing of the 

appeal. The Hearing Board shallmay 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 

determination 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 conditions, or disapprove a permit to operate a stationary source subject 

to this rule within 6090 days after the initial date of the start-up period of the new or 

modified source. This, unless such time period may beis extended uponwith the 

written requestconcurrence 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 allowsource 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 Public Notice, Schools: Prior to approving an application for an authority to 

construct or permit to operate for a new or modified source located within 1000 feet of 

the outer boundary of a K-12 schoolsite and which emitsresults in the increase in 

emissions of any substance into the ambient air which has been identified by the 

California Air Resources Board or the APCO as a toxic air contaminant or a 

hazardous air contaminant or which is on the list required to be prepared pursuant to 

subdivision (a) of Section 25532 andor 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 source, and 

the proposed emissions, are fully described.

412.2 Distribute the notice, prepared in accordance with subsection 2-1-412.1 at the 

expense of the applicant, to the parents or guardians of children enrolled in 

any school within one-quarter mile of the source and to each address within a 

radius of 7501000 feet of the source. This notice shall be distributed at least 
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30 days prior to the date final action on the application is to be taken by the 

APCO. The APCO shall review and consider all comments received during 

the 30 days after the notice is distributed, and shall include written responses 

to the comments in the permit application file prior to taking final action on the 

application.

412.3 Failure of any person to receive the notice shall not affect the validity of the 

authority to construct or permit to operate issued by the APCO, if the APCO 

or applicant responsible for giving the notice has made a good faith effort to 

follow the procedures for giving the notice prescribed by law.

(Adopted November 11/1, 1989/89; Amended 10/7/98; 5/17/00)

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

Any person required to obtain an authority to construct and/or permit to operate under 

Sections 2-1-301 and/or 302 for a source that may be operated at multiple locations 

within the District can apply for a single multiple-location permit that will allow the 

source to operate at more than one location in the District. The APCO shall issue the 

permit, upon payment of standard filing, initial and permit to operate fees as set forth 

in Regulation 3, if the source satisfies all of the following requirements:

413.1 The source will not emit more than 10 tons per year of any regulated air 

pollutant, including POC, CO, NOx, PM2.5, PM10, NPOC or SO2. For PM2.5

and PM10, fugitive particulate emissions from haul road traffic shall not be 

counted toward the annual limit.

413.2 The source will comply with all applicable provisions of Regulation 2, Rule 5. 

413.3 The source will not be operated within 1000 feet of the outer boundary of any 

K-12 school site, unless the applicable notice requirements of Health and 

Safety Code Section 42301.6 have been met.

413.4 Operation of the source will not cause a public nuisance per Regulation 1-

301.

413.5 The operation must be exempt from CEQA, or must be covered by a chapter 

in the District's Permit Handbook.

413.6 The equipment will not cause a Synthetic Minor Facility to exceed a federally 

enforceable emission limit.

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

requirements of Regulation 2, Rules 1, 2, and 5, as if it were a new source.

(Adopted June 7, 1995)

2-1-414 Loss of Exemption, Public Nuisance: Any source subject to Section 2-1-317 shall 

be subject to permit conditions deemed necessary by the District to minimize the 

potential for future violations. If the owner/operator can demonstrate that the source 

has neither received a public nuisance violation nor received a confirmed complaint 

for a two year period after the permit was issued, then the owner/operator may submit 
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a written petition to the APCO to remove the permit requirement. Such a petition is 

subject to APCO approval.

(Adopted June 7, 1995)

2-1-415 Source Pre-Certification Procedure: Any person may submit a written request to 

pre-certify a source as complying with applicable BACT requirements, for the 

purposes of qualifying the source for the Accelerated Permitting Program under 

Section 2-1-302.2.1.1. Such a request will be evaluated within 60 days of receipt of 

the information listed below. The APCO may also independently pre-certify a source. 

The APCO shall maintain a list of pre-certified equipment, and shall make this list 

available to industry through the Public Information & Education Division. A precertification request shall include all of the following:

415.1 A complete description of the source, including make, model number, rated 

capacity and emission calculations at maximum operating rate;

415.2 Applicable BACT requirements;

415.3 Proposed permit conditions governing operation of the source; and

415.4 Applicable fees, as described in Regulation 3, Section 323.

(Adopted June 7, 1995)

2-1-416 Temporary Amnesty for Unpermitted Sources: The APCO has the authority to 

declare an amnesty period, during which the District may waive all or part of the 

penalty fees, including late fees and retroactive permit fees, for sources that are 

currently operating without valid Permits to Operate.

(Adopted 6/7/95; 12/21/04)

2-1-420 Suspension: The APCO may suspend a permit if, within a reasonable time, the 

holder of the permit willfully fails or refuses to furnish requested information, analyses, 

plans or specifications relating to emissions from the source for which the permit was 

issued. The APCO shall serve notice in writing of a suspension, and the reasons 

therefor, on the holder of the permit. A suspension shall become effective 5 days after 

notice has been served.

2-1-421 Appeal from Suspension: Within 10 days after the receipt of the notice of 

suspension, the permit holder may request the Hearing Board to hold a hearing to 

determine whether or not the permit was properly suspended.

2-1-422 Revocation: The APCO may request the Hearing Board to hold a hearing to 

determine whether aan authority to construct and/or permit to operate should be 

revoked if it is found that the holder of thean 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 attachedof the authority to theconstruct or permit

to operate.

(Amended May 17, 2000)

2-1-423 Hearings: Within 30 days after receipt of requests submitted pursuant to Sections 2-

1-421 and 422, the Hearing Board shall hold a hearing as provided by Section 42308 
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of the California Health and Safety Code and may take action as authorized by 

Section 42309 of the California Health and Safety Code.

(Amended July 17, 1991)

2-1-424 Loss of Exemption or Exclusion: Within 90 days of written notification by the APCO 

of the need for a permit, any person 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 forsubmit a complete permit to operate application for the 

subject source. A person requested 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 air contaminant, shall 

within 90 days of written notice by the APCO of the need for a permit to operate, 

complete a permit application for the subject source, in accordance with the 

applicable requirements of Section 2-1-202 or Section 2-1-302.2.

a) identified 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 

Section 2-1-311 or 2-1-312 of this Rule, applicants for authorities to construct shall 

provide, as part of a complete application, the following CEQA-related information:

426.1 A preliminary environmental study which shall describe the proposed project 

and discuss any potential significant adverse environmental impacts, 

alternatives to the project, and any necessary mitigation measures to 

minimize adverse impacts. The preliminary environmental study shall include 

all activities involved in the project and shall not be limited to those activities 

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

applicant may utilize the Environmental Information Form in Appendix H of 

the State CEQA Guidelines or an equivalent format specified by the APCO. 

(see also Appendix G, Significant Effects.) The preliminary environmental 

study shall list all other local, state and federal governmental agencies that 

require permits for the project and indicate any environmental documentation 

required by such agencies; or

426.2 When an agency other than the District is to be the Lead Agency under 

CEQA, either:

2.1 A Draft or Final Environmental Impact Report prepared by or under the 

supervision of the Lead Agency; or
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2.2 A contract for the preparation of a Draft Environmental Impact Report 

executed by the Lead Agency together with the Initial Study prepared 

by the Lead Agency; or

2.3 A Negative Declaration prepared by the Lead Agency; or

2.4 A Notice of Preparation of a Draft EIR prepared by the Lead Agency;

2.5 A copy of the Initial Study prepared by the Lead Agency, or

2.6 A commitment in writing from another agency indicating that it has 

assumed the role of Lead Agency for the project in question.

(Adopted 11/20/91; Amended 10/7/98)

2-1-427 Procedure for Ministerial Evaluations: The District shall review by the Air 

Resources Boardeach 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, orministerial and the engineering 

evaluation of the permit application by the District will be limited to the use of said 

specific procedures, fixed standards and objective measurements. For such projects, 

the District will merely apply the law to the facts as presented in the permit 

application, and the District's decision regarding whether to issue the permit will be 

based only on the criteria set forth in Section 2-1-428 and in the District's Permit 

Handbook and BACT/TBACT Workbook. 

c) any 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,

shall 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 

evaluation of that permit application, the District determines that all of the following 

criteria are met, the issuance by the District of an Authority to Construct for the 

proposed new or modified source will be a mandatory ministerial duty.

428.1 The proposed new or modified source will comply with all applicable 

provisions of the District's Rules and Regulations and with all applicable 

provisions of state and federal law and regulations which the District has the 

duty to enforce;
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428.2 The emissions from the proposed project can be calculated using 

standardized emission factors from published governmental sources, District 

source test results, established formulas from published engineering and 

scientific handbooks, material safety data sheets or other similar published 

literature, manufacturer’s warranties or other fixed standards as set forth in 

the District's Permit Handbook and BACT/TBACT Workbook;

428.3 Where Best Available Control Technology is required, BACT for the proposed 

new or modified source can be determined based on the latest edition of the 

ARB’s BACT/LAER Clearinghouse, on the District's own compilations of 

BACT levels for specific types of sources as set forth in the District's Permit 

Handbook and BACT/TBACT Workbook or on a more stringent BACT level 

proposed by the project proponent; and

428.4 If the proposed new or modified source involves the shutdown of an existing 

source, the Reasonably Available Control Technology applicable to the 

source to be shut down can be determined from existing provisions of the 

District's Rules and Regulations or from the District's own compilations of 

BACT levels for specific types of sources as set forth in District's Permit 

Handbook and BACT/TBACT Workbook.

428.5 For proposed new and modified sources that are subject to Regulation 2, 

Rule 5, the project meets the project risk requirement of Regulation 2-5-302.

428-6 Where Best Available Control Technology for Toxics (TBACT) is required 

pursuant to Regulation 2-5-301, TBACT for the proposed new or modified 

source can be determined based on TBACT determinations in the District’s 

BACT/TBACT Workbook, an EPA MACT standard, a CARB ATCM, or a 

more stringent TBACT level proposed by the applicant that is applicable to 

the specific source type or source category being evaluated.

In addition, when the District has issued an authority to construct for a proposed new 

or modified source as a ministerial project, the issuance of the permit to operate for 

that source will also be a mandatory ministerial duty if the source will meet all the 

conditions imposed in connection with the issuance of the authority to construct and 

all applicable laws, rules and regulations enforced by the District.

(Adopted 11/20/91; Amended 10/7/98; 6/15/05)

2-1-429 Federal Emissions Statement: The owner or operator of any source operation 

whichfacility that emits or may emit oxides of nitrogen or volatile organic compounds 

shall provide the APCO with a written statement, in such form as the APCO 

prescribes, showing actual emissions of oxides of nitrogen and volatile organic 

compounds from that sourcefacility. 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 sourcesfacilities that emit less that 25 tons per year of oxides of 
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nitrogen and volatile organic compounds, each taken separately, if the District 

provides the Air Resources Board with emission inventories of sourcesfacilities

emitting greater than 10 tons per year of either oxides of nitrogen or volatile organic 

compounds based on the use of emission factors acceptable to the Air Resources 

Board and the U.S. Environmental Protection Agency (EPA). A current list of classes 

and categories of stationary sourcesfacilities for which this requirement has been 

waived by the APCO will be kept by the District and made available upon request. 

Also, for purposes of reporting emission data to the Air Resources Board and to the 

EPA, the District will provide calendar year and peak ambient ozone season data 

determined through weighted averaging of current and prior year (if available) 

company/facility reported certified information. This Section is required by the 

provisions of Section 182(a)(3)(B) of the Clean Air Act.

(Adopted 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 determination of BACT/TBACT for a given source category.

(Adopted October 7, 1998)

2-1-431 Date of Completion: The APCO shall deem an application to be complete on the 

date that the information and fees required to complete the application were received 

by the District.

(Adopted May 17, 2000)

2-1-432 Determination of Complete Application: Except for an application which is subject 

to the publication and public comment requirements of Section 2-2-404, the APCO 

shall determine whether an application for an authority to construct is complete not 

later than 15 working days following receipt of the application, or after a longer time 

period agreed upon by both the applicant and the APCO. If the APCO determines 

that the application is not complete, the applicant shall be notified in writing of the 

decision, specifying the information that is required. Upon receipt of any resubmittal 

of the application a new 15 working day period to determine completeness shall 

begin. For an application which is subject to the publication and public comment 

requirements of Section 2-2-404 or Section 2-10-402, the completeness review 

period(s) shall be 30 days. The application shall be deemed complete on the date of 

receipt of all information required for completeness. Upon determination that the 

application is complete, the APCO shall notify the applicant in writing. If applicable, 

such written notification shall include the District's determination that its evaluation of 

the application will be covered by the specific procedures, fixed standards and 

objective measurements set forth in the District’s Permit Handbook and that the 

District's evaluation of that permit application will be classified as ministerial and will 

accordingly be exempt from CEQA review. Thereafter only information regarding 

offsets, or information to clarify, correct or otherwise supplement the information 

submitted in the application may be requested.

(Adopted 12/ 21/04; Amended 6/19/06)
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2-1-500 MONITORING AND RECORDS

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

comply with the provisions of Volume V of the Manual of Procedures.

(Adopted March 17, 1982)

2-1-502 Burden of Proof: Any person asserting that a source is exempt from the 

requirements of Regulation 2, Rule 1, Section 301 and/or 302, shall, upon the request 

of the APCO, provide substantial credible evidence proving to the APCO that the 

source meets all requirements necessary to qualify for the exemption.

(Adopted May 17, 2000)

2-1-600 MANUAL OF PROCEDURES

2-1-601 Engineering Permitting Procedures: The specific procedures for the engineering 

evaluation of particular types of sources as well as specific fixed standards and 

objective measurements upon which the District will rely in its evaluation of ministerial

permit applications are set forth in the District's Permit Handbook and BACT/TBACT 

Workbook.

(Adopted 7/17/91; Amended 10/7/98)

2-1-602 CEQA Guidelines: The District's Guidelines for Environmental Processes under 

CEQA for those cases in which the District assumes the role of Lead Agency are set 

forth in Volume VII to the District's Manual of Procedures and in the Permit 

Handbook.

(Adopted 11/20/91; Amended 6/7/95)

2-1-603 Particulate Matter Measurements: PM2.5 and PM10 shall be measured as prescribed 

in EPA Methods 201A and 202 (for measurements of emissions from specific 

sources) and in 40 C.F.R. Parts 50, 53 and 58 (for measurements of ambient 

concentrations). If such test methods cannot be used because the physical 

characteristics of the emissions being measured render such methods inappropriate 

(e.g., because of the emissions’ high moisture content or high temperature), then 

another appropriate test method may be used upon prior written approval of the 

APCO and EPA. 

(Adopted __________)

2-1-604 Determining Compliance With Historical PM10 and PM2.5 Emission Limits: For 

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

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

date of regulation>, the condensable portion of the source’s PM10 or PM2.5 emissions 

shall not be included, unless there is an affirmative indication that such condensable 

portion was intended to be included at the time the permit condition was adopted. 

(Adopted __________)

2-1-605 Finality of Historical PM10 and PM2.5 Regulatory Determinations: Regulatory 

determinations regarding the applicability of or compliance with any of the 
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requirements of Regulation 2 made before <insert effective date of regulation> shall 

be final and shall not be invalid because they did not take into account the 

condensable portion of a source’s PM2.5 or PM10 emissions. Such historical 

determinations include (but are not limited to) prior determinations whether BACT and 

offsets requirements apply, prior determinations of the amount of a facility’s 

cumulative increase, and prior determinations whether Title V permit requirements 

applied to a facility’s operation. All such determinations made on or after <insert 

effective date of regulation> shall include the condensable portion per the 

requirements of Sections 2-1-229 and 2-1-241, including (but not limited to) 

determinations regarding whether an existing facility’s ongoing operations are subject 

to any applicable operating requirements such as Title V Major Facility Review 

requirements. 

(Adopted __________)
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START

No

Is source

excluded per Reg. 

1-110?

Is source

exempt per Section 

2-1-105 or 113?

Is source

exempt per 

Section 2-1-103, 

114 thru 128?

Permit To 

Operate 

Required

No

No

Is permit

required per 

Section 2-1-316 

thru 319?

No Yes

NO Registration 

or Permit to 

Operate 

Required

Yes

Yes

Yes

Regulation 2, Rule 1

Permit / Exemption Flow Chart

Figure 2-1-101

Is registration

required per 

Reg. 1-410?

Registration 

Required

No

Yes
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