Sierra County 1978 SIP Compilation

– Permit related rules

A review of the February 22, 1972 and June 30, 1972 California SIP submittal s for Sierra County

shows that Rules 17

- 26

, pertaining to the permit program

, were included in both of th e se submittals. Both the February and June 1972 submittals were approved by EPA in their entirety. (40 CFR 52.220 (b) and (c)(6)

, respectively)

In August 1978, EPA published a compilation of th e California SIP for each District. Rules 17

- 26, relating to the permit program are contained in this compilation. Of note, included with this document is a sheet entitled Summary Sheet of EPA

– Approved Regulation Changes, Sierra County (APCD). This pages lists a n action with a submittal date of January 10, 1975 , approval

date of August 22, 1977 , and under the heading “Description” states “Rules 101,...17

- 26 originally approved, still in effect. ” This note indicates that during EPA’s approval action dated

Au gust 22, 1977 , EPA made a determination that the listed rules, including Rules 17

- 26 (related to permit program requirements) were still a part of the approved SIP.

The current electronic version of California ’s approved SIP, as shown on EPA’s web site d oes not list any of these rules as currently being approved in the SIP. However

, EPA has no evidence

that these rules were ever removed from or replaced in the SIP. In addition, EPA is not aware of any reason that required SIP elements for a minor source p ermit program would have been

removed fro m the SIP without replacement. Therefore EPA finds that Rules 17

- 26, as provided below, as s ubmitted on February 22, 1972 and June 30, 1972 and approved on September 22,

1972 , remain a part of the Sierra County port ion of the California SIP

.

Below is a copy of the SIP approved rules

.

Rule 17 Construction Permit Required. Before any building permit may be issued by the County or City for any building other than residential, which involves emissions into the air, approval by the Air Pollution Control District must be first obtained. No construction for use of any building, article, machine, equipment, or other contrivance, which may cause emission of air contaminant shall take place without approval of the Air Poll ution Control District.

Rule 18 Permit to Operate. Before any article, machine, equipment or other contrivance described in Rule 17 may be operated or used, a permit shall be obtained from the Air Pollution Control District Office, the

Standards and Condi tions under which the said article, equipment or other contrivance shall

operate.

Rule 19 Registration Required. Registration and/or a permit to operate all existing equipment, contrivances, or places of business

that burn or send emissions into the atmosphere is required by Registration shall be made on forms provided by APCD.

Rule 20 Exemptions from Permit and Registration. An authorization to construct, permit to operate, or registration, shall not be required for:A. Vehicles as defined by the Vehic le Code of the State of California, but not including any article, machine, equipment or other contrivance mounted on such vehicle that would otherwise require a permit under the provisions of these Rules and Regulations.

B. Vehicles used to transport passeng ers or freight.

C. Equipment utilized exclusively in connection with any structure, which structure is designed for and used exclusively as· a dwelling for not more than four (4)

families.

D. The following equipment:

1. Comfort air conditioning or comfort ventilati ng systems which are not designed to remove air contaminants generated by or released from specific units or equipment.

2. Refrigeration units except those used as, or in conjunction with, air pollution control equipment.

3. Piston type internal combustion engin es. 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.

5. Equipment used exclusively for steam cleaning.

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

7. Residential incinerators when used for burning of paper or leaves.

E. Space heaters.

F. Equipment for food preparation.

G. Steam heated by natural gas or LPG or both.

H. Mobile construction equipment other than pavement burners.

I. Agricultural implements used under Rule 2(b).

J. Self

- propelled mobile construction equipment other than pavement burners.

Rule 21 Standards for Granting Applications and Permits.

A. The Air Pollution Control District shall deny authorization to construct, or permit to operate or permit to sell or rent, except as provided in Rule 21, if the applicant does not show that every article, machine, equipment or other contrivance, the use of which may

cause the issuance of air contaminan ts, or the use of which may eliminate or reduce or control the issuance of air contaminants, is so designed, controlled, or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causing to be emit ted air contaminants in violation of Sections 24242 or 24243, Health and Safety Code, or of these Rules and Regulations.

B. Before authorization to construct or a permit to operate is granted, the Air Pollution Control District may require the applicant to p rovide and maintain such facilities as are necessary for sampling and testing purposes in order to secure information that will disclose the nature, extent, quantity or degree of air contaminants discharged into the atmosphere from the article, machine, eq uipment or other contrivance described in the authorization to construct or permit to operate. In the event of such a requirement, the Air Pollution Control District shall notify the applicant in writing of the required size, number and location of samplin g holes; the size and location of the sampling platform;the access to the sampling platform, and the utilities for operating the sampling and

testing equipment. The platform and access shall be constructed in accordance with the General Industry Safety Or ders of the State of California and the results of any analysis must be signed by an engineer registered in the State of California.

C. In acting upon a Permit to Operate, if the Air Pollution Control District finds that the article, machine, equipment or ot her contrivance has been constructed not in accordance with the Authorization to Construct, they shall deny the Permit to Operate. The Air Pollution Control District shall not accept any further application for Permit to Operate the article, machine, equip ment or other contrivance so constructed until they find that the article, machine, equipment or other contrivance has been reconstructed in

accordance with the Authorization to Construct.

Rule 22 Conditional Approval.

A. The Air Pollution Control District m ay issue an authorization to construct or a permit to operate, subject to conditions which will bring the operation of any article, machine, equipment or other contrivance within the standards of Rule 21, in which case the conditions shall be specified in writing. Commencing work under such an authorization to construct, or operate, under such a permit to operate, shall be deemed acceptance of ail the conditions so · specified. The Air Pollution Control District shall issue an

authorization to construct or a permit to operate with revised conditions upon receipt of a new application, if the applicant demonstrates that the article, machine, equipment or other contrivance can operate within the standards of Rule 21 under the revised

conditions.

B. The Air Polluti on Control District may issue a permit to sell or rent, subject to conditions which will bring the operation of any article, machine, equipment or other contrivance

within the standards of Rule 21, in which case the conditions shall be specified in writing

. Selling or renting under such a permit to sell or rent shall be deemed acceptance of all the conditions so specified. The Air Pollution Control District shall issue a permit to sell or rent with revised conditions upon receipt of a new application, if th e applicant demonstrates that the article, machine, equipment or other contrivance can operate within

the standards of Rule 21 under the revised conditions.

Rule 23 Denial of Applications. In the event of denial of authorization to construct, permit to op erate, or permit to sell or rent, the

Air Pollution Control District shall notify the applicant in writing of the reasons therefor. Service of this notification may be made in person or by mail, and such service may be proved by the written acknowledgment of the persons served. The Air Pollution Control District has complied with the objections specified by the Air Pollution Control District as reasons for denial of the authorization to construct, the penn1t to operate or the permit to sell or rent.

Rule 2 4 Further Information. Before acting on an application for authorization to construct, or permit to operate, or permit to sell or rent, the Air Pollution District Officer may require the applicant to furnish further information or further plans or specific ations.Rule 25 Applications Deemed Denied.

The applicant may, at his option, deem the authorization to construct, permit to operate, or permit to sell or rent approved if the Air Pollution Control District fails to act on the application within thirty (3 0) days after filing, or within thirty (30) days after applicant furnished the further information, plans and specifications requested by the Air Pollution Control District, whichever

is later.

Rule 26 Appeals. Within ten (10) days after notice by the Air Pollution Control District of denial or conditional approval of an authorization to construct, permit to operate, or permit to sell or rent, the applicant may petition the Hearing Board, in writing, for a public hearing. The Hearing Board, after notice

an d a public hearing held within thirty (30) days after filing the petition, may sustain or reverse the action of the Air Pollution Control Officer; such order may be made subject to specified

conditions.