DRDB: MPAAPCD 1004 ADMINISTRATIVE PROCEDURES FOR SOURCES

MARIPOSA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 1004 - ADMINISTRATIVE PROCEDURES FOR SOURCES

A. Permit Requirement and Application Shield A source shall operate in compliance with permits to operate issued pursuant to Regulation X. Regulation X does not alter any applicable requirement that a source obtain preconstruction permits.
[Reference: 40 CFR Part 70.7(a)(6) and (b)]

If an owner or operator submits, pursuant to Regulation X, a timely and complete application for a permit, a source shall not be in violation of the requirement to have a permit to operate until the APCO takes final action the application. The application shield 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 C.2., below.
[Reference: 40 CFR Park 70.7(b)]

If an owner 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 issued pursuant to section 42301 of the H&SC until the APCO takes final action on the application. If an owner or operator submits a timely and complete application for renewal of a permit to operate, the source shall operate in accordance with the permit to operate issued pursuant to Regulation X, notwithstanding expiration of this permit, until the APCO takes final action on the application.

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 Regulation X and any temporary permit to operate issued pursuant to section 42301.1 of the H&SC.
[Reference: 40 CFR Part 70.6(a)(6)(iii) and 70.7(b) and (e)(2)(v)]

B. Application Requirements
[Reference: 40 CFR Part 70.5]

Initial Permit
[Reference: 40 CFR Part 70.5(a)(1) and (c)(10)]
1. For a source that is subject to Regulation X on the date the becomes effective, an owner or operator shall submit a standard District application within 12 months after the date the rule becomes effective.
2. For a source that becomes subject to Regulation X after the date the rule becomes effective, an owner or operator shall submit a standard District application with 12 months of the source commencing operation.
3. 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 application shall be submitted within the following timeframe:
  1. If the source is subject to Regulation X because of Rule 1003 A.1., above, within the applicable timeframe specified in subsection B.1.a. or B.1.b., above.
  2. If the source is subject to Regulation X only because of Rule 1003 A.2., above, by January 1, 1996, or, if applicable, a latter date established by 40 CFR Part 72.
    [Reference: 40 CFR Part 70.5(a)(1)(iii)]
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.
[Reference: 40 CFR Part 70.5(a)(1)(ii)
Significant Permit Modification
After obtaining any required preconstruction permit, an owner or operator shall submit a standard District application for each emissions unit affected by a proposed permit 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 approve the permit revision.
Minor Permit Modification
[Reference: 40 CFR Part 70.5(a)(ii) and 70.7(e)(ii and v)]
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:
1. A description of the proposed permit revision, any change in emissions, and additional applicable federal requirements that will apply;
2. Proposed permit terms and conditions; and
3. 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.
Acid Rain Unit Permit Modification [Reference: 40 CRF Part 70.7(e)]

A permit modification of the acid rain portion of the operating permit shall be governed by regulations promulgated pursuant to Title IV of the CAA.

C. Application Content and Correctness [Reference: 40 CFR Part 70.5]

Application Content
When submitting an application, an owner or operator shall include the following information:
1. Information identifying the source;
  [Reference: 40 CFR Part 70.5(c)(1)]
2. Description of processes and products (by Standard Industrial Classification Code) including any associated with proposed alternative operating scenarios;
  [Reference: 40 CFR Part 70.5(c)(2)]
3. Identification of fees specified in Regulation VI;
  [Reference: 40 CFR Part 70.6(a)(7)]
4. 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 Rule 1007, below;
  [Reference: 40 CFR Part 70.5(c)(3)(i)]
5. 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;
  [Reference: 40 CFR Park 70.5(c)(3)(vii) and (4)(I and ii)]
6. Calculation of all emissions, including fugitive emissions, in tons per year and in such terms as are necessary to establish compliance with 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
  3. If the source has the potential to emit two or more HAPs in quantities equal to or in excess of 25 tons per year, all HAPs emitted by source;
  [Reference: 40 CFR Part 70.5(c)(3)(i and viii)
7. As these affect emissions from the source, the identification of fuels, fuel use, raw materials, production rates, operating schedules, limitations on source operation or workplace practices;
  [Reference: 40 CFR Part 70.5(c)(3)(iv and vi)]
8. An identification and description of air pollution control equipment and compliance monitoring devices or activities;
  [Reference: 40 CFR Part 70.5(c)(3)(v)]
9. Other information required by an applicable federal requirement;
  [Reference: 40 CFR Part 70.5(c)(3)(vii) and (5)]
10. The information needed to define permit terms or conditions implementing a source's options for operational flexibility, including alternative operating scenarios, pursuant to Rule 1005 I., below;
  [Reference: 40 CFR Part 70.5(c)(7)]
11. 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 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;
  [Reference: 40 CFR Part 70.5(c)(8)]
12. For a source not in compliance with an applicable federal requirement at the time of permit issuance or renewal, schedule of compliance approved by the District hearing board that identified remedial measures with specific increments of progress, a final compliance date, testing and monitoring methods, recordkeeping requirements, and a schedule for submission of certified progress reports to the U.S. EPA and the APCO at least every 6 months;
  [Reference: 40 CFR Part 70.5(c)(8)(iii)(C)]
13. A certification a responsible official of the truth, accuracy and completeness of application forms, progress reports at least every 6 months, statements on compliance status with any applicable enhanced monitoring, and compliance plans at least annually;
  [Reference: 40 CFR Part 70.5(c)(9) and (d)]
14. For a source with an acid rain unit, an application shall include the elements required by 40 CFR Part 72;
  [Reference: 40 CFR Part 70.5(c)(10)]
15. For a source of HAPs required to prepare a risk management plan pursuant to section 112(r) of the CAA, the application shall include verification that such a plan has been submitted to the authorized implementing agency or a compliance schedule for the submittal of such a plan; and
16. For proposed portable sources, an application shall identify all locations of potential operation and how the source will comply with all applicable District, state, and federal requirements at each location.
  [Reference: 40 CFR Part 70.]
Correctness of Application
[Reference: 40 CFR Part 70.5(a)(2) and (b)]
An owner or operator of a source shall submit an accurate and complete application in accordance with the requirements of the District.
1. 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.
2. 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.
3. Intentional or negligent submittal of inaccurate information shall be reason for denial of an application.

D. Written Requests for District Action.
A owner or operator shall submit a written request to the APCO for the following permit actions:

Administrative Permit Amendment
[Reference: 40CFR Part 70.7(d)(3)]
For an administrative permit amendment, an owner or operator may implement the change addressed in the written request immediately upon submittal of the request.
Permit Modification for a Condition that is not Federally Enforceable
For a permit modificaiton for a condition that is not federally enforceable, an owner or operator shall submit a written request in accordance with the requirements of Regulation V.
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 Regulation V, except under the following circumstances:
1. 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;
  [Reference: 40 CFR Part 70, 7(e)(2)(i)(A)(5)]
2. The construction or operation of the emissions unit is addressed or pro-hibited by permits for other emissions units at the stationary source; or
  [Reference: 40 CFR Part 70.5 (a)(ii)]
3. The emissions unit is an acide rain unit subject to Title IV of the CAA.
  [Reference: 40 CFR Part 70.7 (e)]

In the circumstances specified in subsections a., b., or c., above, an owner or operator shall apply for a permit to operate for the new emissions unit pursuant to the requirements of Regulation X.

E. Response to Permit Reopening For Cause
[Reference: 40 CFR Part 70.6 (a)(6)(v)]

Upon notification by the APCO of a reopening of a permit for cuase for an applicable federal requirement sursuant to Rule 1005 H., below, an owner or operator shall respond to any written request for information by the APCO within the timeframe specified by the APCO.