Plumas County 1978 SIP Compilation

– Permit related rules

A review of the February 22, 1972 and June 30, 1972 California SIP submittal for Plumas County shows that Rule 10

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

, respectively.)

On June 14, 1978, EPA approved several rules for Plumas County into the SIP. (See 43 FR 25680) The preamble states in part “Revisions to rules con cerning new source review have been submitted; however, no action is being taken at this time as these rules will be acted upon in a separate Federal Register notice.” Thus, as of June 1978

, EPA had not approved any revisions regarding NSR rules for Plumas County, even though revised rules had been submitted. In August 1978, EPA published a compilation of the California SIP for each District. Rule 10

– Permits Required is contained in this compilation.

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

, EPA has no evidence that these rules were ever removed from or replaced in the SIP. In addition, EPA is not aware of any reason that requi red SIP elements for a minor source permit program would have been

removed fr om the SIP without replacement. Therefore EPA finds that Rule 10 , as provided below, as submitted on February 22, 1972 and June 30, 1972 6/30/72 and approved on September 22, 1972 9/22/72 , remain a part of the Sierra County portion of the California.

Below is a copy of the SIP approved rules.

REGULATION II

- PERMITS

RULE 10

- PERMITS REQUIRED (a) AUTHORITY TO CONSTRUCT. Before any person builds, erects, alters, replaces, operat es, sells, rents or uses any article, machine equipment or other contrivance which may cause the issuance of air contaminants or the use of which may eliminate or reduce or control the issuance of air contaminants, such person shall obtain a written author ity to construct from the Air Pollution Control Officer. A single authority to construct may be issued for all components of an integrated system or process. An authority to construct shall remain in effect until the permit to operate the equipment for whi ch the application was filed is granted or denied or the application is cancelled.

(b) PERMIT TO OPERATE. Before any article, machine, equipment or other contrivance described in Rule 10(a) (Authority to Construct) may be operated or used, a written per mit shall be obtained from the Air Pollution Control Officer. No permit to operate or use shall be granted either by the Air Pollution Control Officer or the Hearing Board for any article, machine, equipment or contrivance described in Rule 10(a) (Authorit y to Construct), constructed or installed without authorization as required by Rule 10(a) (Authority to Construct} until the information required is presented to the Air Pollution Control Officer and such article, machine, equipment or contrivance is alter ed, if necessary, and made to conform to the standards set forth in Rule 20 and elsewhere in these Rules and Regulations.(c) REVIEW OF PERMITS. The Air Pollution Control Officer may at any time require from an

applicant for, or holder of, any authority to construct or permit to operate, such information, analyses, plans or specifications as will disclose the nature, extent, quantity or degree of air contaminants which are or may be discharged into the atmosphere.

(d) POSTING OF PERMIT TO OPERATE. A per son who has been granted under Rule 10(b) a permit to operate any article, machine, equipment, or other contrivance described in Rule 10(b), shall firmly affix such permit to operate, an approved facsimile, or other approved identification bearing the perm it number upon the article, machine, equipment, or other contrivance in such a manner as to be clearly visible and accessible. In the event that the article, machine, equipment, or other contrivance is so constructed or operated that the permit

to operate cannot be so placed, the permit to operate shall be mounted so as to be clearly visible in an accessible place within 25 feet of the article, machine, equipment, or other contrivance or maintained readily available at all times on the operating premises.

(e) ALTERATION OF PERMIT. A person shall not willfully deface, alter, forge, counterfeit, or falsify any permit issued under these Rules and Regulations.

(f) CONTROL EQUIPMENT. Nothing in ·this rule shall be construed to authorize the Control

Officer to require the use of machinery, devices, or equipment of a particular type or design if the required em1ss1on standard may be met by machinery, device, equipment, product, or process change otherwise available.