BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 1 Rule 400 Permit Requirements
(Adopted January 4, 1972 ; Amended & Recodified August 6, 1985; Amended September 18, 1990

and N ovember 9, 1993; Recodified and Amended April 26, 2001; Recodified August 22, 2002 ; Repea led and Adopt ed May 26, 2011 ; Amended April 24, 2014 )

RULE 400 CONTENTS

1 PURPOSE

2 EXEMPTIONS

3 DEFINITIONS

4 STANDARDS

5 ADMINISTRATIVE REQUIREMENTS

6 MONITORING AND RECORDSBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 2 Rule 400

1 PURPOSE: The purpose of this R ule is to require any person constructing, altering, or operating a source that emits or may emit air contaminants to obtain an Authority to Construct or Permit to Operate from the Air Pollution Control Officer (APCO) and

to provide an orderly procedure for applicat ion

, review

, and authorization of new sources and of the modification and operation of existing sources of air pollution

. S tationary sources that are subject to Rule 1101

- Title V

- Federal Operating Permit s of these Rules and Regulations shall also comply with the procedures specified in

this R ule.

2 EXEMPTIONS: An Authority to Construct, Permit to Operate , or other written authority shall not be required for emissions units listed in Rule 401

- Exemptions of these Rules and Regulations , provided the require d records, documentation, and other stipulations of Rule 401 are met.

3 DEFINITIONS : Unless otherwise defined below, the terms used in this Rule are

the same as defined in Rule 101

- Definitions of these Rules and Regulations :

3.1 Administrative Permit Amendment : An amendment to a n application, Authority to Construct permit

, or Permit to Operate which:

3.1.1 Corrects a typographical error; or

3.1.2 I dentifies a minor administrative change at the stationary source; for example, a change in the name, address, or phone number of any person identified in the permit

.

3.2 Air Pollution Control Officer (APCO) : T he Air Pollution Control Offi c er of the Butte Coun ty Air Quality Management District (DISTRICT) or his or her designated representative.

3.3 Ambient Air Quality Standards (AAQS) : All references to ambient air quality standards shall be interprete d to include both national and S tate ambient air quality standards. For the purpose of submittal to the U.S. Environmental Protection Agency (EPA) for inclusion in the California State Implementation Plan (SIP) , all references in this Rule to ambient air quality standards shall be interpreted as National Ambient Air Quality Standards.

3.4 A nnual Permit Renewal Date : The day and month that a Permit to Operate is set to expire unless renewed

, and that same day and month of each succeeding year.

3.5 Applicable Requirements: Air quality requirements with which a facility must comply which includes

, but is not limited to

, the DISTRICT 's Rules and

R egulations, any terms and conditions of an Authority to Construct permit or Permit to Operate, codes of California regulations and statutory law, the Federal Clean Air Act as amended in 1990 and implementing regulations, other provisions of the United States Code (U.S.C.) , and the Code of Federal Regulations (CFR)

.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 3 3.6 Authority To Construct: A pre

- construction permit which authoriz es construction , installation, replacement or other modification to an emissions

unit and conform s to the requirements of Rule 430

- State New Source Review

or Rule 432

- Federal New Source Review of these Rules and Regulations

, as applicable

.

3.7 Commence: As appl ied to construction, means that the owner or operator

has met all applicable requirements a nd has:

3.7.1 Begun, or caused to begin, a continuous program of on

- site construction of the source, to be completed in a reasonable time; or

3.7.2 Entered into binding agreemen ts or contractual obligations to undertake a program of actual on

- site construction of the source to be completed within a reasonable time

, which cannot be canceled or

modified without substantia l loss to the owner or operator

.

3.8 Emissions Unit : An identif iable operation , process, or piece of process equipment such as an article, machine, or other contrivance which controls, emits, may emit, or results in the emissions of any air pollutant directly or as fugitive emissions.

3.9 Initial Start

- up : The first time a source, emissions unit, control device, or other instrument ation or activity authorized by permit becomes operational.

3.10 Permit to Operate: A permit issued by the APCO that authorizes the operation of a newly constructed or existing emissions unit which may contain conditions of operation to ensure the operation of the emissions unit complies with all applicable requirements.

3.11 Responsible Official: An individual with the authority to certify that a source complies with all applicable requireme nts, including the conditions of permits issued to sources in accordance with Regulation IV

- PERMITS of these Rules and Regulations ; one of the following:

3.11.1 For a corporation, either a president, secretary, treasurer, or vice

president of the corporation in charge of a principal business function, or any other person who performs similar policy or

decision

- making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

3.11.1.1 The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25
million; or

3.11.1.2 The delegation of authority to s uch representative is approved in advance by the APCO ; 3.11.2 For a partnership or sole proprietorship, either a general partner or
the proprietor, respectively; or

3.11.3 For a municipality, S tate, federal, or other public agency, either aBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 4 principal executive officer o r a ranking elected official; or

3.11.4 For an acid rain unit subject to Title IV (Acid Deposition Control) of

the F ederal Clean Air Act, the "responsible official" is the designated representative of that unit for any purposes under Title

IV and Rule 1101

.

3.12 Sta rtup: T he setting in operation of a stationary source

, emission unit

, control device , monitoring instrumentation or other activity authorized by permit for any purpose.

3.13 Title V Permits : A permit issued, denied, renewed, amended, or reopened

pursuant to Rule 1101 and the Federal Clean Air Act as amended in 1990 (42 U.S.C. Section 7401 et seq.), and Part 70 CFR, "State Operating Permit Programs".

4 S TANDARDS

4.1 Authority To Construct : Any person building, erecting, placing on site, altering or replacing any article, machine, equipment or other contrivance (emissions unit) , the use of which may cause, eliminate, reduce, or control the issuance of air contaminants, shall first obtain wr itten authorization for such

construction from the APCO as specified in Section 4.4 of this R ule . The emissions unit(s) shall not commence construction until the APCO takes final action to approve the Authority to Construc t.
4.1.1 Except as noted in Section 4.1.2 below , an Authority to Construct shall expire one (1) year follow ing the date of permit issuance.

4.1.2 If a written request to extend an Authority to Construct is received by the APCO prior to the expiration of any currently issued

, and all

future

, Authority to Construct permits

, up to two (2) one

- year extension s may be gran ted

, if the APCO determines that:

4.1.2.1 C ommencement of construction has occurred, and a good faith effort to complete the project has been made;

4.1.2.2 T he parameters of the project remain the same as in the initial application ; and

4.1.2.3 Construction has not lapsed for mo re than eighteen ( 18 )

consecutive months.

4.1.3 The APCO shall be notified in writing at least two (2) days prior to the anticipated date of initial startup or operation of any permitted

emission s unit.

4.1.4 After the permit holder gives the appropriate notification and

commence s operation, the Authority to Construct may remain in effect as a Temporary Permit to Operate until a Permit to Operate

for the equipment is granted or denied or the application is canceled but not for a peri od to exceed twelve ( 12 ) months.

4.2 Permit T o Operate : Any pe rson operating an emission s unit subject to this

Rule shall first obtain a permit from the APCO

.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 5 4.3 Required Information : The APCO may require from an applicant or permit holder of any permit provided for in these Rules and R egulations any information, analyses, plans, or specifications which will disclose the nature, extent, quality, or degree of air contaminants which are or may be discharged by the source for which the permit was issued or a pplied. The APCO may require that such disclosures be certified by a professional engineer registered in the State of California. A responsible official representing the owner or operator shall certify the truth, accuracy and completeness of disclosures. Studies necessary to provide such information shall be at the expense of the owner or operator of the source for which a permit was issued or applied.

4.4 Standards For Granting Applications

4.4.1 The APCO shall not grant an Authority to Construct or Permit to Op erate unless the APCO determines the source or emissions unit will comply with all applicable requirement s and will not interfere with maintenance or attainment of an AAQS

. 4.4.2 The regul ations in effect at the time any application for an Authority

to Construct for a new or modified source or emissions unit is deemed complete shall apply to that source, except when a new federal requirement not yet incorporated in this Rule applies to the

new or modified source.

4.4.3 No Pe rmit to Operate shall be granted, either by the APCO or the

DISTRICT Hearing Board, for any source or emissions unit which has been constructed or installed without authorization as required by Section 4.1 of this R ule, until:

4.4.3.1 The information is submitted that enable s the APCO to
determine the source or emissions unit is in compliance with all applicable requirements and that it will not

interfere with maintenance o r attainment of an AAQS ; and

4.4.3.2 Such emission unit is altered, if necessary, and made to

conform to or comply with all applicable requirement s

. 4.4.4 When determining whether or not to issue a Permit to Operate, if the

APCO finds that the emission unit has not been constructed in accordance with the Authority to Construct, the APCO shall deny the Permit to Operate.

4.4.5 The APCO shall require enforceable emission s limitations as permit

conditions in any Authorit y to Construct and Permit to Operate to assure the permanence of surplus actual emissions reductions applied for use as onsite internal reductions or emission reduction

credits (ERCs)

. 4.4.6 Issuance of an Authority to Construct shall not relieve any owner or

oper ator of the responsibility to comply fully w ith all applicable requirements

. 4.4.7 (Remove d for SIP submittal)

4.4.8 The APCO may impose terms and conditions as necessary in any Authority to Construct or Permit to Operate to assure compliance with applicable requireme nts.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 6 4.5 Public Notice and Publication Actions: For the sources applying for a permit that have a potential to emit over 25 tons per year for any AAQS pollutant (except Carbon Monoxide PTE shall be 50 TPY) , the APCO shall:

4.5.1 Publish within ten (10) calendar da ys following a preliminary decision to issue an Authority to Construct for an emissions unit in at least one (1) newspaper of general circulation in the District, a notice stating the preliminary decision of the APCO noting how pertinent information may be obtained, how to request a hearing on the proposed item, and inviting written public comment for a t least a thirty (30)

- day period following the date of publication.

4.5.2 No later than the date of publication, transmit the preliminary decision, the application analysis, and copies of the notice submitted for publication to the applicant.

4.5.3 No later than the date of publication, transmit the preliminary decision and copies of the permit application, analysis, and the notice submitted for publication to the Califor nia Air Resources Board ( CARB ) and EPA.

4.5.4 No later than the date of publication, make available for public inspection the applicable information submitted in the application,

the proposed permit , the application analysis, and copies of the

notice submitted for publication.

4.6 Permit Renewal

4.6.1 T he APCO shall review the conditions of every Permit to Operate prior to its expiration to ensure compliance and enforceability of all applicable requirements

. The APCO shall revise the conditions to include requirements w hich were in effect at the time the permit was

issued or modified

, or which have subsequently been adopted and made retroactively applicable to an existing emission unit

, or any new applicable requirements, if these permit conditions are

necessary to assur e compliance with all applicable requirements

. 4.6.2 The APCO may establish an annual permit renewal date for all Permits to Operate held by a stationary source. At the request of the source, the APCO may revise the annual permit renewal dates for a stationary s ource with more than one (1) Permit to Operate to make the permits renewable on the same date

. Thereafter, all Permits to Operate at the stationary source shall be renewable that same day and month of each succeeding year, subject to any other applicable requirements regarding validity, voiding or revocation of permits.

4.6.3 Every Permit to Operate shall be renew ed annually on the permit's annual permit renewal date unless a ction to suspend, cancel, or revoke the permit has been initiated in accordance with Sections 5.5

, 5.6 , or 5.7 of this Rule and has resulted in a final determination to suspend or revoke the permit by the APCO or the Hearing Board and all appeals have been exhausted or the time for appeals has expir ed

.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 7 4.7 P ermit Conveyance

4.7.1 Transfer of Ownership: An Authority to Construct or Permit to Operate shall only be transferable from one person to another by

submittal of an application for authorization in accordance with

Section 5.1 of this R ule.

4.7.2 Change of Location: An Authority to Construct or Permit to Operate shall not be transferable from one location to another

. This

act ion constitutes a new source or emissions unit which is subject to the requirements of Section 4.4 of this Rule

.

4.8 Provisions for Sampling and Testing Facilities: T he APCO may require a person operating or using any article, machine, equipment or other contrivance, the use of which may cause the issuance of air contaminants or the use of which may eliminate, reduce or control the issuance of air contaminants to provi de and maintain such facilities as are necessary for sampling and testing. In the event of such requirements

, the APCO shall notify the person in writing of the required size, number and location of sampling ports; the size and location of sampling platfor m; 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 Orders of the State of California.

4.9 S ource Performance Testing : T he owner or operator of a source shall conduct performance test(s) as required by the conditions of the Authority to Construct or Permit to Operate in accordance with the test methods and operating conditions specifi e d by the A uthority to C onstru ct /P ermit to Operate and /or as approved by the APCO to determine compliance with applicable emission limitations or to confirm emission reductions claimed

. 4.9.1 The performance test(s) shall occur w ithin sixty (60) days after achieving the maximum production ra te or the maximum rate of emissions to which the source is limited by enforceable conditions, but not later than one hundred eighty (180) days after initial startup

of such source

. 4.9.2 A performance test protocol shall be submitted to the APCO for

review and w ritten approval at least thirty (30) days prior to the

scheduled test date

. 4.9.3 The owner or operator of a source shall provide the APCO with ten (10) days prior notice of the performance test date, time and location

to afford the APCO the opportunity to have an observer present.

4.9.4 The owner or operator shall furnish the APCO a written report of the performance test(s) results within sixty ( 60 ) da ys of completion

of such tests unless an extension is requested in writing and granted by the APCO.

4.9.5 The performance test(s) shall be at the expense of the owner or

operator.
4.9.6 Testing shall be conducted with the source(s) of emissions operating

at or near maximum capacity or other rate conforming to the

maximum rate of emis sions to which the source( s) is limited byBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 8 enforceable condition(s).

4.9.7 The source testing shall follow the applicable methods as specified

in Section 6.1 of this Rule.

4.9.8 The APCO may monitor su ch test s and may also conduct per

formance tests and charge fees to perform such activities in

accordance with Rule 502

- Source Testing Fees of these Rules and Regulations

. 4.9.9 The APCO may waive the requirement for performance tests if the owner or operator of a source has demonstrated by other means to

the APCO 's satisfaction that the source is being operated in compliance with all applicable requirements.

4.9.10 Any changes to or deviation s from th e requirement s in this 4.9 must
first be approved in writing by the APCO

.

4.10 A i r Quality Impact Analysis : For the purpose of performing an impact analysis, the following shall apply:

4.10.1 Air quality models shall be consisten t with the requirements specified in 40 CFR Part 51, Appendix W ( “ Guidelines on Air Quality Models”), unless the APCO finds that such model is inappropriate for use. After making such a finding, the APCO may designate an alternative model only after allow ing for public comment and only with the concurrence of CARB and EPA;

4.10.2 All modeling costs associated with the site of a new or modified emissions unit shall be borne by the applicant;

4.10.3 In performing an air quality impact analysis, if the proposed stack heigh t is higher than is dictated by good engineering practices, as defined in 4 0 CFR 100(ii), then the actual height used for the purposes of modeling shall be calculated in accordance with good engineering practices

. 4.10.4 Maximum ground level concentration added to background levels shall be compared to ambient air quality standards.

4.11 (Remove d for SIP submittal)

5 ADMINISTRATIVE REQUIREMENTS

5.1 Applications : An application for an Authority to Construct, Permit to Operate, change of ownership, permit amendment or modification , permit reopening, revision , or exemption that requires a determination by the APCO

, shall be filed in the manner and form prescribed by the APCO and shall give all the information necessary to enable the APCO to make the determinations

re quired by Section 4 of this R ule

. 5.1.1 A responsible official representing the owner or operator shall certify the truth, accuracy and completeness of application forms

. 5.1.2 When the information submitted with the application is insufficient

for the APCO to make the required determinations, the APCO shall request in writing to a responsible official to supplement anyBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 9 application with additional information within the time fr ame specified by the APCO

. 5.1.3 A responsible official shall promptly provide additional information in writing to the APCO upon discovery of submittal of any inaccurate information as part of the application or supplement or of any additional relevant facts pr eviously omitted which are needed for accurate analysis of the application.

5.1.4 Intentional or negligent submittal of inaccurate information shall be

reas on for denial of an application.

5.1.5 An application sub mitted in accordance with this S ection shall be

accompa nied by payment of the application filing fee specified in Regulation V

- FEES of these Rules and Regulations

. 5.1.6 A responsible official may request a n administrative permit

amendme nt in writing . The APCO shall take final action no later than sixty (60) days after receiving the written request for an administrative permit amendment, and take the following actions:

5.1.6.1 After verifying the permit revision is an administrative permit amendment, the APCO may revise the permit without providing notice to the public or any affected

state.
5.1.6.2 The APCO shall provide a copy of the revised permit to the responsible official

, 5.1.6.3 While the APCO need not make a completeness determination, the APCO shall notify the respo nsible

official if the APCO determines that the permit cannot be revised as an administrative permit amendment.

5.1.6.4 No additional fees shall be assessed for an administrative permit amendment.

5.2 A ction On Applications

5.2.1 Complete Application: The APCO shall dete rmine whether the application is complete not later than thirty (30) days after receipt of the application, or after such longer time mutually agreeable to the applicant and the APCO

, and notify the applicant in writing.

5.2.2 Preliminary Decision: Following a cceptance of an application as

c omplete, the APCO shall perform the evaluations required to determine compliance with this Rule (including all other applicable requirements) and make a preliminary written decision as to whether an Authority to Construct sh ould be approved, conditionally approved, or disapproved. The decision shall be supported by a written analysis

. 5.2.3 Denial Of Application

5.2.3.1 An Authority to Construct or Permit to Operate application may be denied by the APCO : 5.2.3.1.1 At the request of the applicant; or 5.2.3.1.2 If additional information requested in

accordance with Section 5.1.2 of this

Rule has not been submitted within oneBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 10 hundred eighty (180) days of the

request

. 5.2.3.1.3 If applicable permit fees of Rule 500

- Permit Fees of these Rules and Regulations are not paid when due

, the application may be denied and the APCO may take action on any issued Authority to Construct or Permit to Operate pursuant to the requirements of

Section 5.7 of this Rule

. 5.2.3.2 In the event of a denial of an Authority to Construct or Permit to Operate, the APCO shall notify the applicant in writing of the reasons. Service of this notification may be made in person or by certified mail . If delivered in person, such service may be proved by the written acknowledgment of the person(s) served or affidavit of the person making the service. The APCO shall not accept a further application unless the applicant has complied with the objections specified by

the APCO as his or her reasons for denial of the Authority to Construct or the Permit to Operate.

5.2.4 Conditional Approval

5.2.4.1 The APCO shall issue an Authority to Construct or a Permit to Operate with conditions which will ensure compliance with all applicable requirements. The conditions shall be specified in writing.

5.2.4.2 The APCO shall consider all written comments received in response to public notice for an application prior to issuing an Authority to Construct or Permit to Operate.

5.2.4.3 Commencing wor k under an Authority to Construct or operation under a Permit to Operate shall be deemed acceptance of all the conditions of the authorization or permit

. 5.2.4.4 The APCO shall issue an Authority to Construct or a Permit to Operate with revised conditions upon r eceipt of a new application, if the applicant effectively

demonstrates that the emission s unit can operate under

the revised conditions within the standards of Section

4.4 of this Rule.

5.2.4.5 The APCO shall require the applicant, as a condition of the Authority to Construct, to comply with the requir ements of H SC Part 6, (Section 44300 et seq.), Air Toxics "Hot Spots" Information and Assessment

Act. (Remov e for SIP submittal)

5.2.4.6 The Authority to Construct or Permit to Operate becomes valid upon payment of all fees assessed at permit issuance in accordance with Rule 500

.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 11 5.2.5 Temporary Permit : The APCO may issue a tem porary Permit to Operate. The T emporary Permit to Operate shall specify a reasonable period of time during which the emission s unit may be

op erated in order for the DISTRICT to determine whether it will operate in accordance with the con ditions specified in the permit.

5.3 (Remove d for SIP submittal)

5.4 ( Remove d for SIP submittal)

5.5 Suspension : The APCO may suspend a permit if a holder of such permit willfully fails and refuses to furnish information, analyses, plans, and specifications, within a reasonable time, as requested by the APCO in

accordance with applicable requirements . The APCO shall serve written

notice of such suspension and the reasons for suspension . Service of said notification may be made in person or by certified mail . If delivered in

person, such service may be proved by the written ac knowledgment of the

person ( s ) served or affidavit of the person making the service. The permit

shall be reinstated when the APCO is furnished with all requested information, analyses, plans, and specifications

, and the APCO determines the source is operating in compliance with all applicable requirements

.

5.6 (Remove d for SIP submittal)

5.7 (Remove d for SIP submittal)

5.8 (Remove d for SIP submittal)

6 MONITORING AND RECORDS

6.1 Testing Procedures

6.1.1 General Requirements: Except as oth erwise specified in the

DISTRICT Rules and Regulations, the SIP, and the applicable federal requirements of Rule 1101

, testing methods for determining compliance with emission limits shall be:

6.1.1.1 The ap propriate methods adopted by CARB and

appr oved by EPA as equivalent test methods

, or 6.1.1.2 The appropriate methods of 40 CFR P art 50, Appendix M, Recommended Test Methods for SI Ps; or

6.1.1.3 An y appropriate method of 40 CFR P art 60, Appendix A, Test Methods; or

6.1.1.4 An alternative method following review and approv al of that method by CARB and EPA.

6.1.2 Initial Boiling Point: American Society for Testing of Materials ( ASTM ) D

- 1078

- 86, "Test Method for Distillation Range of Volatile Organic Liquids".

6.1.3 Vapor Pressure: ASTM D

- 2879

- 86, "Vapor Pressure

- TemperatureBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 400 April 24, 2014 400

- 12 Relation and Initial Decomposition Temperature of Liquids by Isoteniscope".

6.2 Monitoring : As applicable, eac h emission source subject to continuous

emission monitoring requirements s hall comply with the requirements of Title 40, CFR, Part 60, Appendix B up on initial installation and Appendix F annually

.

6.3 Recordkeeping : The following records shall be maintained and provided to

the APCO upon request:

6.3.1 Emissions monitoring and process data records necessary for the determination and reporting of emissions, in accordance with applicable provisions of the DISTRICT Rules and Regulations

. Records shall be kept for at least five ( 5 ) years. 6.3.2 Other records of the nature and amounts of emissions or any other information as may be deemed necessary by the APCO to determine whether the stationary source or emissions unit is in compliance with applicable emission limitations, credited emission reductions, exemptions from rule provisions, or other requirements. The information must include emission measurements, continuous emission monitoring system performance testing measurements, performance evaluations, calibration checks and adjustments, maintenance performed on such monitoring systems, and other records and reports required by Title 40, CFR, Part 60, Appendi x B

and F.

6.3.3 Operation and maintenance plans for all add

- on capture and control equipment. Such plans shall demonstrate, th r ough the use of specific recordkeeping requirements, continuous operation of the

add

- on control equipment when emission producing ope rations

occur . The plan shall also specify records to be kept to document the performance of required periodic maintenance. Records shall be consistent with compliance time frame s and employ the most recent EPA recordkeeping guidance.