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 these 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 concerning 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 approved 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 required SIP elements for a minor source permit program would have been 

removed from the SIP without replacement. Therefore EPA finds that Rule 10, as provided 

below, as submitted on February 22, 1972 and June 30, 19726/30/72 and approved on September 

22, 19729/22/72, 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, operates, 

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 authority 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 which 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 permit 

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) (Authority 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 altered, 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 person 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 permit 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.