REGULATION V

PERMIT TO OPERATE REGULATIONS

RULE 522

TITLE V

FEDERAL OPERATING PERMITS

CONTENTS

PART 1.0 PURPOSE AND GENERAL REQUIREMENTS

PART 2.0 DEFINITIONS

PART 3.0 APPLICABILITY

3.1 Sources Subject to Rule 522 3.2 Sources Exempt from Rule 522

PART 4.0 ADMINISTRATIVE PROCEDURES FOR SOURCES

4.1 Permit Requirement and Application Shield 4.2 Application Requirements 4.3 Application Content and Correctness 4.4 Written Requests for District Action 4.5 Response to Permit Reopening for Cause

PART 5.0 DISTRICT ADMINISTRATIVE PROCEDURES

5.1 Completeness Review of Applications 5.2 Notification of Comp leteness Determination 5.3 Application Processing Timeframes 5.4 Notification and Opportunity fo r Review of Proposed Decision 5.5 Changes to the Proposed Decision

5.6 Final Decision 5.7 District Action on Written Requests 5.8 Permit Reopening for Cause 5.9 Options for Operational Flexibility

PART 6.0 PERMIT CONTENT REQUIREMENTS

6.1 Incorporation of Appli cable Federal Requirements 6.2 General Requirements

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Rule 522 Title V - Federal Operating Permits

Additional Procedures for Issuing Permits to Operate for Sources Subject to Title

V of the Federal Clean Air Act Amendments of 1990

PART 1.0 PURPOSE AND GENERAL REQUIREMENTS OF RULE 522

Rule 522 implements the requirements of Title V of the federal Clean Air Act as amended in 1990 ( CAA ) for permits to operate. Title V provides for the establishment of operating permit programs for sources which emit regulated air pollutants , including attainment and nonattainment pollutants. The effective date of Rule 522 is the date the United States Environmental Protection Agency (U.S. EPA) promulgates interim, partial, or final approval of this rule in the Federal Register.

By the effective date of Rule 522 , the Northern Sierra Air Quality Management District ( NSAQMD or District) shall implement an operating permit program pursuant to the requirements of this rule . The requirements of Rule 522 shall augment and take precedence over conf licting administrative requirements of other provisions of the District 's rules and regulations. The District , as soon as resources and time allow, shall amend the rules to make them consistent with

Rule 522. The District shall also continue to implement its existing district programs pertaining to prevention of significant deterioration, Rules 408, 409, 413, 414, 415, 416, and 418 and permits required by Regulation 501, including authorities to construct, Rule 401 or new source review, Rules 419, 420, 421, 422, 411, and 412. Until such time as the U.S. EPA delegates the District to issue permit conditions applicable to the fe deral New Source Review/Prevention of Significant Deterioration (NSR/PSD) a nd New Source Performance Standards (NSPS) requirements, the U.S. EPA shall remain responsible for providing the federal NSR/PSD and NSPS requirements of title V permits and the District shall incorporate these federal requirements into the title V permit. Nothing in Rule 522 limits the authority of the District to revoke or terminate a permit pursuant to sections 40808, and 42307-42309 of the California Health and Safety Code (H&SC)

.

Sources subject to Rule 522 include major sources

, acid rain units subject to Title

IV of the CAA

, solid waste incinerators subject to section 111 or 129 of the CAA

, and any other sources specifica lly designated by rule of the U.S. EPA . Sources subject to Rule 522 shall obtain permits to operate pursuant to this rule. For acid

rain units , provisions or requirement s of regulations promul gated to Title IV of

the CAA shall apply and take precedence over Rule 522.

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Each permit to operate issued pursuant to Rule 522 shall c ontain conditions and requirements adequate to ensure complia nce with and the enforceability of:

1. All applicable provisions of Division 26 of the H&SC , commencing with section 39000;

2. All applicable orders, rule s, and regulations of the District and the California Air Resources Board (ARB) ;

3. All applicable provisions of the a pplicable implementation plan required by the CAA ;

4. Each applicable emission standa rd or limitation, rule, regulation, or requirement adopted or promulgated to implement the CAA ; and

5. The requirements of all preconstructi on permits issued pursuant to Parts C

and D of the CAA

.

The operation of an emissions unit to which Rule 522 is applicable without a permit or in violation of a ny applicable permit condition or requirement shall be a

violation of Rule 522.

PART 2.0 DEFINITIONS

The definitions in this section apply throughout Rule 522 and are derived from related provisions of the U.S. EPA 's Title V regulations in 40 Part 70 Code of Federal Regulations (CFR) , "State Operating Permit Programs." \1 The terms

defined in this section ar e italicized throughout Rule 522.

\1 – This citation and subsequent citations to 40 CFR in this rule shall refer to the cited regulations as they exist on the date of adoption of this rule.

2.1 Acid Rain Unit An "acid rain unit" is any fossil fuel-fired combustion

device that is an affected unit under 40 CFR Part 72.6 and therefore subject to the requirements of Title IV (Acid Deposition Control) of the

CAA

.

2.2 Administrative Permit Amendment An "administrative permit amendment" is an amendment to a permit to operate which:

1. Corrects a typographical error;

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2. Identifies a minor admini strative change at the stationary source ; for example, a change in the name, address, or phone number of any person identified in the permit;

3. Requires more frequent monito ring or reporting by an owner or operator of the stationary source ; or

4. Transfers ownership or operational control of a stationary source

, provided that, prior to the transfer, the APCO receives a written agreement which specifies a date for the transfer of permit responsibility, coverage, and liabi lity from the current to the prospective permittee.

2.3 Affected State An "affected state" is any state that: 1) is contiguous with California and whose air quality may be affected by a permit action, or 2)

is within 50 miles of the source fo r which a permit action is being proposed.

2.4 Air Pollution Control Officer (APCO) "Air Pollution Control Officer" refers to the air polluti on control officer of the NSAQMD, or his or her designee.

2.5 Applicable Federal Requirement An "applicable federal requirement" is any requirement which is enforceable by the U.S. EPA and citizens pursuant to section 304 of the CAA and is set forth in, or authorized by, the

CAA or a U.S. EPA regulation. An "applicab le federal requirement" includes any requirement of a regulation in effect at permit issuance and any requirement of a regulation that becomes effective during the term of the permit. Applicable federal requirements include:

1. Title I requirements of the CAA , including:

a. New Source Review requirements in the State Implementation Plan approved by the U.S. EPA and the

terms and conditions of the preconstruction permit issued pursuant to an approved New Source Review rule;

b. Prevention of Significant Dete rioration (PSD) requirements and the terms and conditions of the PSD permit (40 CFR Part 52);

c. New Source Performance Standards (40 CFR Part 60);

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d. National Ambient Air Quality Standards, increments, and visibility requirements as th ey apply to portable sources required to obtain a permit pursu ant to section 504(e) of the
CAA;

e. National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 61);

f. Maximum Achievable Cont rol Technology or Generally

Available Control Te chnology Standards (40 CFR Part 63);

g. Risk Management Plan pr eparation and registration requirements (section 112(r) of the CAA );

h. Solid Waste Incineration requirements (sections 111 or 129

of the CAA );

i. Consumer and Commercial Product requirements (section

183 of the CAA );

j. Tank Vessel requirements (section 183 of the CAA) ;

k. District prohibitory rules that are approved into the state implementation plan;

l. Standards or regulations pr omulgated pursuant to a Federal Implementation Plan; and

m. Enhanced Monitoring an d Compliance Certification requirements (section 114(a)(3) of the CAA ).

2. Title III, section 328 (Outer Cont inental Shelf) requirements of the

CAA (40 CFR Part 55);

3. Title IV (Acid Deposition C ontrol) requirements of the CAA (40

CFR Parts 72, 73, 75, 76, 77, 78 and regulations implementing

sections 407 and 410 of the CAA );

4. Title VI (Stratospheric Ozone Protection) requirements of the CAA (40 CFR Part 82); and

5. Monitoring and Analysis requi rements (section 504(b) of the

CAA ).

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2.6 California Air Resources Board (ARB) "California Air Resources

Board" refers to the Air Resources Board of the State of California.

2.7 Clean Air Act (CAA) "Clean Air Act" refers to the federal Clean Air Act as amended in 1990 (42 U.S.C. section 7401 et seq.).

2.8 Code of Federal Regulations (CFR) "Code of Federal Regulations" refers

to the United States Code of Federal Regulations.

2.9 Commence Operation "Commence operation" is the date of initial operation of an emissions unit, including any start-up or shakedown period authorized by a temporary permit to operate issued pursuant to section

42301.1 of the H&SC

.

2.10 Direct Emissions "Direct emissions" are emissions that may reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.

2.11 District "District" refers to the Northe rn Sierra Air Quality Management District (NSAQMD).

2.12 Effective Date of Rule 522 The "effective date of Rule 522" is the date

the U.S. EPA promulgates interim, partial, or final approval of the rule in the Federal Register.

2.13 Emergency An "emergency" is any situ ation arising from a sudden and reasonably unforeseeable event beyond the control of a permittee (e.g., an act of God) which causes the exc eedance of a technology-based emission limitation under a permit and requir es immediate corrective action to restore compliance. An "emergency" shall not include noncompliance as a result of improperly designed equipmen t, lack of preventive maintenance, careless or improper operati on, or operator error.

2.14 Emissions Unit An "emissions unit" is any identifiable article, machine, contrivance, or operation which em its, may emit, or results in the emissions of, any regulated air pollutant or hazardous air pollutant

.

2.15 Federally-enforceable Condition A "federally-enforceable condition" is any condition set forth in the permit to operate which addresses an applicable federal requirement or a voluntary emissions cap

.

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2.16 Fugitive Emissions "Fugitive emissions" are emissions which could not reasonably pass through a stack, chimn ey, vent, or other functionallyequivalent opening.

2.17 Hazardous Air Pollutant (HAP) A "hazardous air pollutant" is any air pollutant listed pursuant to section 112(b) of the CAA

.

2.18 Health and Safety Code (H&SC) "Health and Safety Code" refers to the California Health and Safety Code.

2.19 Initial Permit An "initial permit" is the first operating permit for which a source submits an application that addresses the requirements of the federal operating permits program as implemented by Rule 52.

2.20 Major Source A "major source" is a stationary source which has the potential to emit a regulated air pollutant or a HAP in quantities equal to or exceeding the lesser of any of the following thresholds:

1. 100 tons per year (tpy) of any regulated air pollutant ;

2. 50 tpy of volatile organic compounds or oxides of nitrogen for a

federal nonattainment area classified as serious, 25 tpy for an area classified as severe, or , 10 tpy for an area classified as extreme;

3. 70 tpy of PM10 (particulate matte r of 10 microns or less) for a

federal PM10 nonattainment ar ea classified as serious;

4. 10 tpy of one HAP or 25 tpy of two or more HAPs ; or

5. Any lesser quantity threshold promulgated by the U.S. EPA

.

2.21 Minor Permit Modification A "minor permit modification" is any

modification to a federally-enforceable condition on a permit to operate which: 1) is not a significant permit modification , and 2) is not an administrative permit amendment

.

2.22 Owner or Operator An " owner or operator " is any person who owns, leases, operates, controls, or supervises a stationary source

.

2.23 Permit Modification A "permit modification" is any addition, deletion, or revision to a permit to operate condition.

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2.24 Potential to Emit For the purposes of Rule 522, "potential to emit" as it applies to an emissions unit and a stationary source is defined below.

1. Emissions Unit The "potential to emit" for an emissions unit is the maximum capacity of the unit to emit a regulated air pollutant

or HAP considering the unit's physical and operational design. Physical and operational limitations on the emissions unit shall be treated as part of its design, if th e limitations are set forth in permit

conditions which address applicable federal requirements.

Physical and operational limitati ons shall include, but are not limited to, the following: limits placed on emissions and restrictions on hours of operation an d type or amount of material combusted, stored, or processed.

2. Stationary Source The "potential to emit" for a stationary source

is the sum of the potential to emit from all emissions

units at the stationary source . If two or more HAPs are emitted at

a stationary source , the potential to emit for each of those HAPs shall be combined to determine applicability. Fugitive emissions shall be considered in determining the potential to emit for: 1) sources as specified in 40 CFR Part 70.2 Major Source (2), and 2)

sources of HAP emissions. Notwithstanding the above, any HAP emissions from any oil or gas e xploration or production well (with its associated equipment) and any pipeline compressor or pump

station shall not be aggregated with emissions of similar units for the purpose of determining a major source of HAPs , whether or not such units are located in contiguous areas or are under common control.

2.25 Preconstruction PermitA "preconstruction permit" is a permit issued prior to construction which authorizes construction (Also known as an Authority to Construct per Rule 401 for District-issued permits):

1. Pursuant to a program for the prevention of significant deterioration of air quality re quired by section 165 of the CAA ( U.S. EPA responsibility) and Rules 408, 409, 413, 414, 415, 416, and 418 ( District responsibility); or

2. Pursuant to a new source revi ew program required by sections 172

and 173 of the CAA ( U.S. EPA responsibility) and Rules 419, 420, 421, 422, 411, and 412 ( District responsibility).

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2.26 Regulated Air Pollutant A "regulated air polluta nt" is any pollutant: 1)

which is emitted into or otherwise ente rs the ambient air, and 2) for which

the U.S. EPA has adopted an emission limit, standard, or other requirement. Regulated air pollutants include:

1. Oxides of nitrogen and volatile organic compounds;

2. Any pollutant for which a national ambient air quality standard has been promulgated pursuant to section 109 of the CAA ;

3. Any pollutant subject to a new source performance standard promulgated pursuant to section 111 of the CAA ;

4. Any ozone-depleting substan ce specified as a Class I (chlorofluorocarbons) or Class II (hydrofluorocarbons) substance pursuant to Title VI of the CAA ; and

5. Any pollutant subject to a standard or requirement promulgated pursuant to section 112 of the CAA , including:

a. Any pollutant listed pursua nt to section 112(r) of the CAA (Prevention of Accidental Rele ases) shall be considered a "regulated air pollutant" upon promulgation of the list.

b. Any HAP subject to a standard or other requirement promulgated by the U.S. EPA pursuant to section 112(d) or adopted by the District pursuant to 112(g) and (j) of the

CAA shall be considered a "regulated air pollutant" for all sources or categories of sour ces: 1) upon promulgation of the standard or requirement, or 2) 18 months after the standard or requirement was scheduled to be promulgated pursuant to secti on 112(e)(3) of the CAA

.

c. Any HAP subject to a District case-by-case emissions limitation determination for a new or modified source, prior

to the U.S. EPA promulgation or scheduled promulgation of

an emissions limitation shall be considered a "regulated air pollutant" when the determination is made pursuant to section 112(g)(2) of the CAA . In case-by-case emissions limitation determinations, the HAP shall be considered a "regulated air pollutant" only for the individual source for

which the emissions limitation determination was made.

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2.27 Responsible Official A "responsible official" is an individual with the authority to certify that a source complies with all applicable federal requirements and federally-enfor ceable conditions of permits issued to

sources in accordance with Rule 522. "Responsible official" means one of the following:

1. For a corporation, a president, secretary, treasurer, or vicepresident of the corporation in charge of a principal business function, or any other person w ho 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:

a. The facilities employ more th an 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

b. The delegation of authority to such representative is approved in advance by the APCO ;

2. For a partnership or sole proprie torship, a general partner or the proprietor, respectively;

3. For a municipality, state, federal, or other public agency, either a principal executive officer or a ranking elected official; or

4. For an acid rain unit subject to Title IV (Acid Deposition Control)

of the CAA , the "responsible official" is the designated representative of that unit for a ny purposes under Title IV and Rule

522.

2.28 Significant Permit Modification A "significant perm it modification" is any

modification to a federally-enforceable condition on a permit to operate which:

1. Involves any modification under se ction 112(g) of Title I of the

CAA or under U.S. EPA regulations promulgated pursuant to Title I

of the CAA , including 40 CFR Parts 51, 52, 60, 61, and 63;

2. Significantly changes monitoring conditions;

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3. Provides for the relaxation of any reporting or recordkeeping conditions;

4. Involves a permit term or conditi on which allows a source to avoid

an applicable federal requirement , including: 1) a federallyenforceable voluntary emissions cap assumed in order to avoid triggering a modification requirement of Title I of the CAA , or 2)

an alternative HAP emission limit pursuant to section 112(i)(5) of

the CAA ;

5. Involves a case-by-case determina tion of any emission standard or other requirement; or

6. Involves a source-specific determ ination for ambient impacts, visibility analysis, or increment analysis on portable sources.

2.29 Solid Waste IncineratorA "solid waste incinerato r" is any incinerator which

burns solid waste material from commer cial, industrial, medical, general public sources (e.g., residences, hot els, or motels), or other categories of solid waste incinerators subject to a pe rformance standard promulgated pursuant to sections

111 or 129 of the CAA

.

The following incinerators are excluded from the definition of "solid waste incinerator" for the purpose of Rule 522:

1. Any hazardous waste incinerator required to obtain a permit under the authority of section 3005 of the Solid Waste Disposal Act (42 U.S.C. section 6925);

2. Any materials recovery facility which primarily recovers metals;

3. Any qualifying small power producti on facility as defined in 16 U.S.C.A. section 796(17)(C);

4. Any qualifying cogeneration f acility which burns homogenous waste for the production of ener gy as defined in 16 U.S.C.A. section 796(18)(B); or

5. Any air curtain incinerator which burns only wood, yard, or clean lumber waste and complies with the opacity limitations to be established by the Administrator of the U.S. EPA

.

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2.30 Stationary Source (Source) For the purposes of Ru le 522, a "stationary source" is any building, structure, facility, or installation (or any such grouping) that:

1. Emits, may emit, or results in the emissions of any regulated air pollutant or HAP ;

2. Is located on one or more c ontiguous or adjacent properties;

3. Is under the ownership, operation, or control of the same person (or persons under common c ontrol) or entity; and

4. Belongs to a single major industrial grouping; for example, each building, structure, facility, or installation in the grouping has the same two-digit code under th e system described in the 1987

Standard Industrial Classification Manual

.

2.31 United States Environmental Protection Agency (U.S. EPA) "United States Environmental Protection Agency " refers to the Administrator or appropriate delegee of the "Unite d States Environmental Protection Agency."

2.32 Voluntary Emissions Cap A "voluntary emissions cap" is an optional, federally-enforceable emissions limit on one or more emissions unit(s)

which a source assumes in order to avoid an applicable federal requirement . The source remains subject to all other applicable federal requirements

.

PART 3.0 APPLICABILITY

3.1 Sources Subject to Rule 522

The sources listed below are subject to the requirements of Rule 522:

1. A major source ;

2. A source with an acid rain unit for which application for an Acid Rain Permit is required pursuant to Title IV of the CAA ;

3. A solid waste incinerator subject to a performance standard promulgated pursuant to section 111 or 129 of the CAA ;

4. Any other source in a source ca tegory designated, pursuant to 40

CFR Part 70.3, by rule of the U.S. EPA ; and

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5. Any source that is subject to a standard or other requirement promulgated pursuant to section 111 or 112 of the CAA , published after July 21, 1992, designated, pursuant to 40 CFR Part 70.3, by

the U.S. EPA at the time the new standard or requirement is promulgated.

3.2 Sources Exempt from Rule 522

The sources listed below are not subjec t to the requirements of Rule 522:

1. Sources regulated solely by 40 CFR Part 60, Subpart AAA (Standards of Performance for New Residential Wood Heaters);

2. Sources regulated solely by 40 CFR Part 61, Subpart M, section 145 (National Emission Standards for Asbestos, Standard for Demolition and Renovation); and

3. Any other source in a source ca tegory deferred, pursuant to 40

CFR Part 70.3, by U.S. EPA rulemaking.

PART 4.0 ADMINISTRATIVE PROCEDURES FOR SOURCES

4.1 Permit Requirement and Application Shield

A source shall operate in compliance with permits to operate issued pursuant to Rule 522. Rule 522 does not alter any applicable requirement

that a source obtain preconstruction permits (Authority to Construct).

If an owner or operator submits, pursuant to Rule 522, a timely and complete application for a permit, a s ource shall not be in violation of the requirement to have a permit to operate until the APCO takes final action on the application. The application sh ield here will cease to insulate a

source from enforcement action if an owner or operator of the source fails to submit any additional information requested by the APCO pursuant to subsection 4.3.2., below.

If an owner or operator submits a timely and complete application for an initial permit , the source shall operate in accordance with the requirements of any valid permit to operate issu ed pursuant to s ection 42301 of the

H&SC until the APCO takes final acti on on the application. If an owner or operator submits a timely and complete application for renewal of a permit to operate, the source shall oper ate in accordance with the permit to operate issued pursuant to Rule 522, notwithstanding expiration of this permit, until the APCO takes final action on the application.

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The application shield does not apply to sources applying for permit modifications . For permit modifications , a source shall operate in

accordance with the applicable federal requirements , the permit to operate issued pursuant to Rule 522 and any temporary permit to operate issued pursuant to section 42301.1 of the H&SC

.

4.2 Application Requirements

1. Initial Permit

a. For a source that is subject to Rule 522 on the date the rule becomes effective, an owner or operator shall submit a

standard District application per the schedule determined by the District to accommodate the requirement that the

District issue permits to at least 1/3 of the existing sources in each of the first three year s after program approval, but

in all cases within 12 months after the date the rule

becomes effective.

b. For a source that becomes subj ect to Rule 522 after the date the rule becomes effective, an owner or operator shall

submit a standard District application within 12

months of the source commencing operation or becoming subject to Rule 522, whichever is later.

c. For a source with an acid rain unit , an owner or operator
shall submit a standard District application and acid rain permit applications to the District . The applications shall be submitted within the following

timeframe:

1) If the source is subject to Rule 522 because of subsection 3.1.1., above, w ithin the applicable timeframe specified in 4.2.1.a. or 4.2.1.b., above.

2) If the source is subject to Rule 522 only because of subsection 3.1.2., above, by January 1, 1996, or, if applicable, a latter date established by 40 CFR Part

72.

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2. Permit Renewal

For renewal of a permit, an owner or operator shall submit a

standard District application no earlier than 18 months and no later than 6 months before the expiration date of the current permit to operate. Permits to operate for all emissions units at a stationary

source shall undergo simultaneous renewal.

3. Significant Permit Modification

After obtaining any required preconstruction permits , an owner or operator shall submit a standard District application for each

emissions unit affected by a proposed perm it revision that qualifies

as a significant permit modification . Upon request by the APCO

,

an owner or operator shall submit copies of the latest preconstruction permit for each affected emissions unit . The emissions unit(s) shall not commence operation until the APCO takes final action to appr ove the permit revision.

4. Minor Permit Modification

After obtaining any required preconstruction permits , an owner or operator shall submit a standard District application for each

emissions unit affected by the proposed permit revision that qualifies as a minor permit modification . The emissions unit(s) affected by the proposed permit modification shall not commence operation until the APCO takes final action to approve the permit revision. In the application, an owner or operator shall include the following:

a. A description of the proposed permit revision, any change in emissions, and additional applicable federal requirements that will apply;

b. Proposed permit terms and conditions; and

c. A certification by a responsible official that the permit

revision meets criteria for use of minor permit modification procedures and a request that such procedures be used.

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5. Acid Rain Unit Permit Modification

A permit modification of the acid rain portion of the operating permit shall be governed by regula tions promulgated pursuant to

Title IV of the CAA

.

4.3 Application Content and Correctness

1. Application Content

When submitting an application, an owner or operator shall include the following information:

a. Information identifying the source;

b. Description of processes and products (by Standard

Industrial Classification Code ) including any associated with proposed alternative operating scenarios;

c. Identification of fees specified in Rules 603 and 605;

d. A listing of all existing emissions units at the stationary

source and identification and description of all points of

emissions from the emissions units in sufficient detail to

establish the applicable federal requirements and the basis for fees pursuant to PART 7.0, below;

e. Citation and description of all applicable federal requirements , information and calculations used to determine the applicability of such requirements and other information that may be necessary to implement and enforce such requirements;

f. Calculation of a ll emissions, including fugitive emissions

, in tons per year and in such terms as are necessary to establish compliance with the all applicable District , state, or federal requirements for the following:

1) All regulated air pollutants emitted from the

source,

2) Any HAP that the source has the potential to emit in quantities equal to or in excess of 10 tons per year,

and

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3) If the source has the potential to emit two or more

HAP s in quantities equal to or in excess of 25 tons per year, all HAP s emitted by the source;

g. As these affect emissions from the source, the identification of fuels, fuel use, raw materi als, production rates, operating schedules, limitations on s ource operation or workplace practices;

h. An identification and descrip tion of air pollu tion control equipment and compliance monitoring devices or activities;

i. Other information required by an applicable federal requirement ;

j. The information needed to define permit terms or conditions implementing a source's options for operational flexibility, including alternative operating scenarios, pursuant to subsection 5.9., below;

k. A compliance plan and compliance schedule with the following:

1) A description of the compliance status of each

emissions unit within the stationary source with

respect to applicable federal requirements

,

2) A statement that the source will continue to comply

with such applicable federal requirements that the source is in compliance,

3) A statement that the source will comply, on a timely basis, with applicable federal requirements that will become effective during the permit term, and

4) A description of how the source will achieve compliance with requirements for which the source is not in compliance;

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l. For a source not in compliance with an applicable federal requirement at the time of permit issuance or renewal, a schedule of compliance approved by the District hearing board that identifies remedial measures with specific increments of progress, a fina l compliance date, testing and monitoring methods, recordkeeping requirements, and a

schedule for submission of certif ied progress reports to the

U.S EPA and the APCO at least every 6 months;

m. A certification by a responsible official of the truth, accuracy and completeness of application forms, progress reports at least every 6 mont hs, statements on compliance status with any applicable enhanced monitoring, and compliance plans at least annually;

n. For a source with an acid rain unit , an application shall include the elements required by 40 CFR Part 72;

o. For a source of HAP s required to prepare a risk management plan pursuant to section 112(r) of the CAA

, the application shall include ve rification that such a plan has been submitted to the authorized implementing agency or a compliance schedule for the submittal of such a plan;

and

p. For proposed portable sources, an application shall identify all locations of potential opera tion and how the source will comply with all applicable District , state, and federal requirements at each location.

2. Correctness of Applications

An owner or operator of a source shall submit an accurate and complete application in accordance with the requirements of the

District

.

a. Upon written request of the APCO , an owner or operator shall supplement any complete application with additional information within the timeframe specified by the APCO

.

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b. An owner or operator shall promptly provide additional information in writing to the APCO upon discovery of submittal of any inaccurate information as part of the application or as a supplement thereto, or of any additional relevant facts previously omitted which are needed for accurate analysis of the application.

c. Intentional or negligent submittal of inaccurate information shall be reason for denial of an application.

4.4. Written Requests for District Action

A owner or operator shall submit a written request to the APCO for the following permit actions:

1. Administrative Permit Amendment

For an administrative permit amendment , an owner or operator may implement the change addr essed in the written request immediately upon submittal of the request.

2. Permit Modification for a Condition that is not Federally

Enforceable

For a permit modification for a condition that is not federally enforceable, an owner or operator shall submit a written request in accordance with the requirements of Rule 401.

3. Permits to Operate for New Emissions Units

For permits to operate for a new emissions unit at a stationary

source , an owner or operator shall submit a written request in accordance with the requirements of Rule 401, except under the following circumstances:

a. The construction or operation of the emissions unit is a

modification under U.S. EPA regulations promulgated pursuant to Title I of the CAA, including 40 CFR Parts 51, 52, 60, 61, 63;

b. The construction or operation of the emissions unit is addressed or prohibited by permits for other emissions units

at the stationary source ; or

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c. The emissions unit is an acid rain unit subject to Title IV of

the CAA

.

In the circumstances specified in subsections 1., 2., or 3., above, an

owner or operator shall apply for a permit to operate for the new

emissions unit pursuant to the requi rements of Rule 522.

4.5 Response to Permit Reopening For Cause

Upon notification by the APCO of a reopening of a permit for cause for an applicable federal requirement pursuant to subsection 5.8., below, an

owner or operator shall respond to any written request for information by

the APCO within the timeframe specified by the APCO

.

PART 5.0 DISTRICT ADMINISTRATIVE PROCEDURES

5.1 Completeness Review of Applications

The APCO shall determine if an application is complete and shall notify

an owner or operator of the determination within the following

timeframes:

1. For an initial permit , permit renewal, or a significant permit modification , within 60 days of receiving the application;

2. For a minor permit modification , within 30 days of receiving the application.

The application shall be d eemed complete unless the APCO requests
additional information or otherwise notifies an owner or operator that the application is incomplete within the timeframes specified above.

5.2 Notification of Completeness Determination

The APCO shall provide written notification of the completeness

determination to the U.S. EPA , the ARB and any affected state and shall submit a copy of the complete application to the U.S. EPA within five working days of the determination. The APCO need not provide notification for applications from sources that are not major sources when

the U.S. EPA waives such requirement fo r a source category by regulation or at the time of approval of the District operating permits program.

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5.3 Application Processing Timeframes

The APCO shall act on a complete applic ation in accordance with the procedures in subsections 5.4, 5.5. and 5.6, below (except as application procedures for acid rain units are provided for under regulations promulgated pursuant to Title IV of the CAA ), and take final action within the following timeframes:

1. For an initial permit for a source subject to Rule 522 on the date the rule becomes effective, no late r than three year s after the date the rule becomes effective;

2. For an initial permit for a source that beco mes subject to Rule 522 after the date the rule becomes effective, no later than 18 months after the complete application is received;

3. For a permit renewal, no later th an 18 months after the complete application is received;

4. For a significant permit modification, no later than 18 months after the complete application is received;

5. For a minor permit modification, within 90 days after the application is received or 60 days after written notice to the U.S.

EPA on the proposed decision, wh ichever is later; or

6. For any permit application with early reductions pursuant to section 112(i)(5) of the CAA , within 9 months after the complete application is received.

5.4 Notification and Opportunity for Review of Proposed Decision

Within the applicable timeframe sp ecified in subsection 5.3., above, the

APCO shall provide notice of and oppor tunity to review the proposed decision to issue a permit to operate in accordance with requirements in

this subsection.

1. For initial permits , renewal of permits, significant permit modifications , and reopenings for cause, the APCO shall provide the information in subsections a. through e., below.

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a. Written notice, the proposed permit and, upon request, copies of the District analysis to interested persons or agencies. The District analysis shall include a statement that sets forth the legal and factual basis for the proposed permit conditions, including refe rences to the applicable statutory and regulator y provisions. Interested persons or agencies shall include pers ons who have requested in writing to be notified of proposed Rule 522 decisions, any affected state and the ARB

.

b. On or after providing writte n notice pursuant to subsection 5.4.1., above, public notice that shall be published in at least one newspaper of general circulation in the District

. The notice shall provide the in formation in subsections a) through f), below.

1) The identification of the source, the name and address of permit holder, the activity(ies) and emissions change involved in the permit action.

2) The name and address of the District , the name and telephone number of District staff to contact for

additional information.

3) The availability, upon reque st, of a statement that sets forth the legal a nd factual basis for the proposed permit conditions.

4) The location where the public may inspect the complete application, the District analysis, and the proposed permit.

5) A statement that the public may submit written comments regarding the proposed decision within at least 30 days from the date of publication and a brief description of commenting procedures.

6) A statement that members of the public may request

the APCO to preside over a public hearing for the purpose of receiving oral public comment, if a hearing has not already been scheduled. The APCO shall provide notice of any public hearing scheduled to address the proposed d ecision at least 30 days prior to such hearing.

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c. A copy of the complete application, the District analysis and the proposed permit at District offices for public review and comment during normal business hours.

d. A written response to persons or agencies that submitted written comments which are postmarked by the close of the public notice and comment peri od. All written comments and responses to such comments shall be kept on file at the

District office and made available upon request.

e. After completion of the pub lic notice and comment period pursuant to subsection b., a bove, written notice to the U.S.

EPA of the proposed decision along with copies of the proposed permit, the District analysis, the public notice submitted for publication, the Districts's response to written comments, and all necessary supporting information.

2. For minor permit modifications , the APCO shall provide written notice of the proposed decision to the U.S. EPA , the ARB , and

any affected state . Additionally, the District shall provide to the

U.S. EPA (and, upon request, to the ARB or any affected state ) copies of the proposed permit, the District analysis, and all necessary supporting information. The District analysis shall include a statement that sets forth the legal and factual basis for the proposed permit conditions, including references to the applicable statutory and regul atory provisions.

5.5 Changes to the Proposed Decision

Changes to the proposed decision sh all be governed by the following procedure:

1. The APCO may modify or change the proposed decision, the proposed permit, or the District analysis on the basis of information set forth in the comments received during the public comment period provided pursuan t to subsection 5.4.1.b., above, or due to further analysis of the APCO . Pursuant to subsection 5.4.1.e., above, the APCO shall forward any such modified proposed decision, the proposed permit, the District analysis, and all necessary supporting information to the U.S. EPA

.

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2. If the U.S. EPA objects in writing to the proposed decision within 45 days of being notified of the decision and receiving a copy of the proposed permit and all necessary supporting information pursuant to subsecti on 5.4.1.e., above, the APCO shall not issue the permit. The APCO shall either deny the application or revise and resubmit a permit which addresses the deficiencies identified in the

U.S. EPA objection within the following timeframes:

a. For initial permits , permit renewals, and significant permit modifications , within 90 days of receiving the U.S. EPA objection; or

b. For minor permit modifications , within 90 days of receipt of the application or 60 days of the notice to U.S. EPA

, whichever is later.

5.6 Final Decision

If the U.S. EPA does not object in writing w ithin 45 days of the notice provided pursuant to subsection 5.4.1 .e., above, or the APCO submits a revised permit pursuant to subsection 5.5.2., above, the APCO shall, expeditiously, deny the application or i ssue the final permit to operate. In any case, the APCO shall take final action on an application within the applicable timeframe specified in su bsection 5.3., above. Failure of the

APCO to act on a permit application or permit renewal application in accordance to the timeframes provided in subsection 5.3., above, shall be considered final action for purposes of obtaining judicial re view to require that action on the applica tion be taken expeditiously.

Written notification of the final decision shall be sent to an owner or operator of the source, the U.S. EPA , the ARB and any person and affected

state that submitted comments during the public comment period. The

APCO shall submit a copy of a permit to operate as issued to the U.S. EPA and provide a copy to any person or agency requesting a copy. If the application is denied, the APCO shall provide reasons for the denial in writing to an owner or operator along with the District analysis and cite the specific statute, rule, or regul ation upon which the denial is based.

5.7 District Action on Written Requests

The APCO shall act on a written request of an owner or operator for permit action using the app licable procedure specifie d in this subsection.

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1. Administrative Permit Amendment

The APCO shall take final action no later than 60 days after receiving the written request for an administrative permit

amendment

.

a. After designating the permit revisions as an administrative permit amendment , the APCO may revise the permit without providing notice to the public or any affected state

.

b. The APCO shall provide a copy of the revised permit to an

owner or operator of the source and the U.S. EPA

.

c. While the APCO need not make a completeness

determination on a wr itten request, the APCO shall notify

an owner or operator of the source if the APCO determines that the permit can not be revised as an administrative permit amendment

.

2. Permit Modification for a Condition that is not Federally

Enforceable

The APCO shall take action on a written request for a permit modification for a condition that is not federally enforceable in accordance with the requirements of Rule 504 under the following

circumstances:

a. Any change at the stationary source allowed by the permit modification shall meet all applicable federal requirements and shall not violate any exis ting permit term or condition;

and

b. The APCO provides to the U.S. EPA a contemporaneous written notice describing the change, including the date, any change in emissions or air pollutants emitted, and any applicable federal requirement that would apply as a result of the change.

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3. Permits to Operate for New Emissions Unit

The APCO shall take action on a written request for a permit to operate for a new emissions unit in accordance with the requirements of Rule 504 under th e circumstances specified in subsection 5.7.2.a. and 5.7.2.b., above. However, if subsections 4.4.3.a., 4.4.3.b., or 4.4.3.c., above, apply, the APCO shall require

the submittal of a standard District application a nd take action on that application pursuant to the requirements of Rule 522.

5.8 Permit Reopening for Cause

The APCO shall reopen and revise a perm it to operate during the annual review period required by section 42301(c) of the H&SC , or petition the

District hearing board to do so pursuant to section 42307 of the H&SC

, whichever is applicable, prior to its expiration date upon discovery of cause for reopening or upon notificat ion of cause for reopening by the U.S.

EPA , or within 18 months of promulgation of a new applicable federal requirement . The APCO shall act only on those parts of the permit for which cause to reopen exists.

1. Circumstances that are cause for reopening and revision of a permit include, but are not limited to, the following:

a. The need to correct a material mistake or inaccurate

statement;

b. The need to revise or revoke a permit to operate to assure compliance with applicable federal requirements ;

c. The need to incorporate any new, revised, or additional applicable federal requirements , if the remaining authorized life of the permit is 3 years or greater, no later than 18 months after the promulgation of such requirement (where less than 3 years remain in the authorized life of the permit, the APCO shall incorporate these requirements into the permit to operate upon renewal); or

d. The need to reopen a permit issued to acid rain unit subject

to Phase II of Title IV of the CAA to include:

1) Oxides of nitrogen requi rements prior to January 1, 1999, and

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2) Additional requirements promulgated pursuant to Title IV as they become applicable to any acid rain

unit governed by the permit.

2. In processing a permit reopening, the APCO shall use the same procedures as for an initial permit and shall additionally:

a. Provide written notice to an owner or operator of the

source and the U.S. EPA at least 30 days, or a shorter period in the case of an emergency , prior to reopening a permit; and

b. Complete action to revise the permit as specified in the notice of reopening within 60 days after the written notice

to the U.S. EPA pursuant to subsection 5.4.1.e., if the U.S.

EPA does not object, or after the APCO has responded to

U.S. EPA objection pursuant to subsection 5.5.2., above.

5.9 Options for Operational Flexibility

The APCO shall allow specified changes in operations at a source without requiring a permit revision for conditions that address an applicable federal requirement . The APCO shall not allow changes which constitute

a modification under Title I of the CAA or Rules 408, 409, 413, 414, 415, 416, 418, and 419, or that result in an exceedance of the emissions allowable under the permit, whether expressed therein as a rate of

emissions or in terms of total emissi ons without revision to the permit. The source may gain operational flex ibility through use of the following options:

1. Alternative Operating Scenarios

The APCO shall allow the use of alternative operating scenarios provided that:

a. Terms and conditions applicab le to each operating scenario are identified by owner or operator of source in the permit application,

b. The terms and conditions are approved by the APCO

,

c. The terms and conditions are incorporated into the permit;

and

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d. The terms and conditions ar e in compliance with all applicable District , state, and federal requirements.

A permit condition shall require a contemporaneous log to record each change made from one ope rating scenario to another.

2. Voluntary Emissions Caps

The APCO shall issue a permit that c ontains terms and conditions that allow for trading of emissions increases and decreases within

the stationary source solely for the purpose of complying with a voluntary emissions cap established in the permit independent of

otherwise applicable federal requirements provided that:

a. The requirements of subsections 5.9.1.a., 5.9.1.c., and 5.9.1.d., above, are met;

b. The terms and conditions are approved by the APCO as quantifiable and enforceable; and

c. The terms and conditions are c onsistent with the applicable preconstruction permit

.

A permit condition shall require that an owner or operator of the source provide written notice to the U.S EPA and the APCO 20 days in advance of a change by clearly requesting operational flexibility under this subsection of Rule 522. The written notice shall describe the change, identify the emissions unit which will be affected, the date on which the change will occur and the duration of the change, any change in emissions of any air pollutant, whether regulated or not, and any new emissions of any air pollutant not emitted before the ch ange, whether regulated or not.

3. Contravening an Express Permit Condition

The APCO shall allow for changes in operation that contravene an express condition addressing an applicable federal requirement in a permit to operate provided that:

a. The change will not violate any applicable federal requirement ;

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b. The change will not contravene federally-enforceable

conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements;

c. The change is not a modification under Title I of the CAA or any provision of Rules 408, 409, 413, 414, 415, 416, 418, and 419;

d. The change does not result in exceeding the emissions allowable under the permit, wh ether expressed therein as a rate of emissions or in terms of total emissions;

e. Written notice is given to the U.S. EPA and the APCO 30 days in advance of a cha nge, and the notice clearly indicates which term or condition will be contravened, requests operational flexibil ity under this subsection, describes the change, identifies the emissions units which will be affected, the date on which the change will occur, the duration of the change, any change in emissions of any air pollutant, whether regulated or not, and any new emissions of any air pollutant not emitted before the change, whether regulated or not; and

f. The APCO has not provided a written denial to an owner or operator of the source within 30 days of receipt of the request for an operational change . The written denial shall identify which of the requirements of subsections a., b., c., d., or e., above, have not been satisfied.

PART 6.0 PERMIT CONTENT REQUIREMENTS

A permit-to-operate shall contain permit conditions that will assure compliance

with all applicable federal requirements

.

6.1 Incorporation of Applicable Federal Requirements

A permit to operate shall incorporate all applicable federal requirements as permit conditions. The following procedur e shall be used to incorporate an applicable federal requirement as a permit condition:

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1. A permit condition that addresses an applicable federal requirement shall be specifically identified in the perm it, or otherwise distinguished from any requirement that is not enforceable by the U.S. EPA ;

2. Where an applicable federal requirement and a similar requirement that is not federally enforceable apply to the same emissions unit , both shall be incorporated as permit conditions, pr ovided that they are not mutually exclusive; and

3. Where an applicable federal requirement and a similar requirement that is not federally enforceable apply to the same emissions unit and are mutually exclusive (e.g., require different air pollution control technology), the requirement specified in the preconstruction permit (or, in the case of sources without preco nstruction permits, the more stringent requirement) shall be incorporated as a permit condition and the other requirement shall be referenced.

6.2 General Requirements

All permits to operate shall contain the conditions or terms consistent with 40

CFR Part 70.6 Permit Content, including:

1. Emission and Operati onal Limitations

The permit shall contain conditions that require compliance with all applicable federal requirements , including any operational limitations or requirements.

2. Preconstruction PermitRequirements

The permit shall include all of the preconstruction permit conditions for

each emissions unit

.

3. Origin and Authority for Permit Conditions

The origin and authority for each permit term or condition shall be referenced in the permit.

4. Equipment Identification

The permit shall identify the equipment to which a permit condition applies.

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5. Monitoring, Testing, and Analysis

The permit shall contain conditions th at require monitoring, analytical methods, compliance certification, test methods, equipment management, and statistical procedures consistent with any applicable federal requirement , including those pursuant to se ctions 114(a)(3) and 504(b) of

the CAA, and 40 CFR Part 64. Periodic monitoring shall be required as a condition to ensure that the monitoring is sufficient to yield reliable data which are representative of the source's compliance with permit conditions over the relevant time period.

6. Recordkeeping

The permit shall include recordk eeping conditions that require:

a. Record maintenance of all monitoring and support information associated with any applicable federal requirement

, including:

1) Date, place, and time of sampling;

2) Operating conditions at the time of sampling;

3) Date, place, and me thod of analysis; and

4) Results of the analysis;

b. Retention of records of all re quired monitoring data and support information for a period of at leas t five years from the date of sample collection, measurement, report, or application; and

c. Any other recordkeeping deemed necessary by the APCO to ensure compliance with all applicable federal requirements

.

7. Reporting

The permit shall include reporting cond itions that require the following:

a. Any deviation from permit requirements, including that attributable to upset conditions (a s defined in the permit), shall be promptly reported to the APCO who will determine what constitutes "prompt" reporting in terms of the requirement, the degree, and type of deviation likely to occur;

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b. A monitoring report shall be subm itted at least every six months and shall identify any deviati on from permit requirements, including that previ ously reported to the APCO (see subsection 6.2.7.a. above);

c. All reports of a deviation from permit requirements shall include the probable cause of the deviat ion and any preventative or corrective action taken;

d. A progress report shall be made on a compliance schedule at least semi-annually and shall include: 1) the date when compliance will be achieved, 2) an explanation of why compliance was not, or will not be, achieved by the scheduled date, and 3) a log of any preventative or correct ive action taken; and

e. Each monitoring report shall be accompanied by a written

statement from the responsible official which certifies the truth, accuracy, and completeness of the report.

8. Compliance Plan

The permit shall include a compliance plan that:

a. Describes the compliance status of each emissions unit with respect to each applicable federal requirement ;

b. Describes how compliance will be achieved if an emissions unit is not in compliance with an applicable federal requirement at the time of permit issuance;

c. Assures that each emissions unit will continue to comply with those permit conditions with wh ich it is in compliance; and

d. Assures that each emissions unit will comply with, on a timely basis, any applicable federal requirement that will become effective during the permit term.

9. Compliance Schedule

The permit shall include a compliance schedule for any emissions unit which is not in compliance with current applicable federal requirements

. The compliance schedule shall require:

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a. A statement that the emissions unit will continue to comply with those permit conditions with which it is in compliance;

b. A statement that the emissions unit will comply, on a timely basis,

with an applicable federal requirement that will become effective during the permit term;

c. For each condition with which the emissions unit is not in compliance with an applicable fede ral requirement, a schedule of compliance which lists all preventative or corrective activities, and the dates when these activities will be accomplished; and

d. For each emissions unit that is not in compliance with an applicable federal requirement , a schedule of progress on at least a semi-annual basis which includes: 1) the date when compliance will be achieved, 2) an explanation of why compliance was not, or will not be, achieved by the scheduled date, and 3) a log of any preventative or corrective actions taken.

10. Right of Entry

The permit shall require that the source allow the entry of the District

, ARB , or U.S. EPA officials for the purpose of inspection and sampling, including:

a. Inspection of the stationary source , including equipment, work practices, operations, and emission-related activity;

b. Inspection and duplication of r ecords required by the permit to operate; and

c. Source sampling or othe r monitoring activities.

11. Compliance with Permit Conditions

The permit shall include the following provisions regarding compliance:

a. The permittee shall comply with all permit conditions;

b. The permit does not convey propert y rights or exclusive privilege of any sort;

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c. The non-compliance with any permit condition is grounds for permit termination, revocation and reissuance, modification, enforcement action, or denial of permit renewal;

d. The permittee shall not use the "need to halt or reduce a permittedactivity in order to maintain compliance" as a defense for noncompliance with any permit condition;

e. A pending permit action or no tification of anticipated noncompliance does not stay any permit condition; and

f. Within a reasonable time period, the permittee shall furnish any information requested by the APCO , in writing, for the purpose of determining: 1) compliance with the permit, or 2) whether or not cause exists for a permit or enforcement action.

12. Emergency Provisions

The permit shall include the following emergency provisions:

a. The permitee shall comply with the requirements of Rule 516 and the emergency provisions contained in all applicable federal requirements;

b. Within two weeks of an emergency event, an owner or operator of

the source shall submit to the District a properly signed, contemporaneous log or other relevant evidence which

demonstrates that:

1) An emergency occurred;

2) The permittee can identify the cause(s) of the emergency ;

3) The facility was being prope rly operated at the time of the

emergency ;

4) All steps were taken to minimize the emissions resulting

from the emergency ; and

5) Within two working days of the emergency event, the permittee provided the district with a description of the

emergency and any mitigating or corrective actions taken;

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c. In any enforcement proceedi ng, the permittee has the burden of proof for establishing that an emergency occurred.

13. Severability

The permit shall include a severability clause to ensure the continued validity of otherwise un affected permit requireme nts in the event of a challenge to any portion of the permit.

14. Compliance Certification

The permit shall contain conditions for compliance certification which include the following requirements:

a. An owner or operator of the source shall submit a compliance

certification to the U.S. EPA and the APCO every 12 months;

b. The compliance certification shall identify the basis for each permit term or condition (e.g., sp ecify the emissions limitation, standard, or work practice) and a means of monitoring compliance with the term or condition;

c. The compliance certification shall include the compliance status and method(s) used to determine compliance for the current time period and over the entire reporting period; and

d. The compliance certification shall include any additional inspection, monitoring, or entr y requirement that may be promulgated pursuant to secti ons 114(a) and 504(b) of the CAA

.

15. Permit Life

With the exception of acid rain units subject to Title IV of the CAA and

solid waste incinerators subject to sec tion 129(e) of the CAA , each permit to operate for any source shall includ e a condition for a fixed term not to exceed five years from the time of issuance. A permit to operate for an

acid rain unit shall have a fixed permit term of five years. A permit to operate for a solid waste incinerator shall have a permit term of 12 years; however, the permit shall be review ed at least every five years.

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16. Payment of Fees

The permit shall include a condition to ensure that appropriate permit fees are paid on schedule. If fees are not paid on schedule, the permit is forfeited. Operation without a perm it subjects the source to potential enforcement action by the District and the U.S. EPA pursuant to section 502(a) of the CAA

.

17. Alternative Operating Scenarios

Where an owner or operator requests that an alternative operating scenario be included in the permit for an emissions unit , the permit shall contain specific conditions for each operating scenario, including each alternative operating scenari o. Each operating scenario,

including each alternative operating scenario, identified in the permit must

meet all applicable federal requirements and all of the requirements of this section. Furthermore, the s ource is required to maintain a contemporaneous log to record each change from one operating scenario

to another.

18. Voluntary Emissions Caps

To the extent applicable federal requirements provide for averaging

emissions increases and d ecreases within a stationa ry source without caseby-case approval, an owner or operator may request, subject to approval by the APCO , to permit one or more emissions unit(s) under a voluntary emissions cap . The permit for each emissions unit shall include federallyenforceable conditions requiring that:

a. All applicable federal requirements , including thos e authorizing emissions averaging, are complied with;

b. No individual emissions unit shall exceed any emissions limitation, standard, or other requirement;

c. Any emissions limitation, standar d, or other requirement shall be enforced through continuous emission monitoring, where applicable; and

d. All affected emissions units under a voluntary emissions cap shall be considered to be operating in violation of the permit, if the voluntary emissions cap is exceeded.

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19. Acid Rain Units Subject to Title IV

The permit for an acid rain unit shall include conditions that require compliance with any federal standard or requirement promulgated pursuant to Title IV (Acid Deposition Control) of the CAA and any federal standard or requirement promulgated pursuant to Title V of the CAA

, except as modified by Title IV. Acid rain unit permit conditions shall include the requirements of 40 CFR Part 72.9 and the following provisions:

a. The sulfur dioxide emissions from an acid rain unit shall not exceed the annual emissions allowances (up to one ton per year of sulfur dioxide may be emitted for each emission allowance allotted) that the source lawfully holds for that unit under Title IV

of the CAA or the regulations promul gated pursuant to Title IV;

b. Any increase in an acid rain unit's sulfur dioxide emissions authorized by allowances acquire d pursuant to Title IV of the CAA shall not require a revi sion of the acid rain portion of the operating permit provided such increases do not require permit revision under any other applicable federal requirement ;

c. Although there is no limit on th e number of sulfur dioxide emissions allowances held by a source, a source with an acid rain

unit shall not use these emissions allowances as a defense for noncompliance with any applicable federal requirement or District requirement, including District Rules 419, 420, 421, 422, 411, and 412; and

d. An acid rain unit 's sulfur dioxide allowances shall be accounted for according to the procedures established in regulations promulgated pursuant to Title IV of the CAA

.

20. Portable Sources

The permit for any portable source, wh ich may operate at two or more locations, shall contain conditions th at require the portable source to:

a. Meet all applicable District , state, and federal requirements at each location;

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b. Specify the monitoring methods, or other methods (e.g. air quality modeling) approved by the APCO , that will be used to demonstrate compliance with all District , state, and federa l requirements; and

c. Notify the APCO ten working days prior to a change in location.

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