DRDB: MPAAPCD 1005 DISTRICT ADMINISTRATIVE PROCEDURES

MARIPOSA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 1005 - DISTRICT ADMINISTRATIVE PROCEDURES

A. Completeness Review of Application
[Reference: 40 CFR Part 70.5(a)(2) and 70.7(a)(4)]

The APCO shall determine if an application is complete and shall notify an owner or operator of the determination within the following timeframes:

For an initial permit, permit renewal, or a significant permit modification, within 60 days of receiving the application;
For a minor permit modification, within 30 days of receiving the application.

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

B. Notification of Completeness Determination
[Reference: 40 CFR Part 70.7(e)(2)(iii) and 70.8(a)(1 and 2)]

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 for a source category by regulation or at the time of approval of the District operating permits program.

C. Application Processing timeframes
[Reference: 40 CFR Part 70.7(a)(2)]

The APCO shall act on a complete application in accordance with the procedures in subsections D., E., and F., below (except as application procedures for acid rain units are provided for under regulations promulgated pursuant to Title IX of the CAA), and take final action with the following timeframes:

For an initial permit for a source subject to Regulation X on the date the rule becomes effective, no later than three years after the date the rule becomes effective; [Reference: 40 CFR Part 70.7(e)(2)(iv)]
For an initial permit for a source that becomes subject to Regulation X after the date the rule becomes effective, no later than 18 months after the complete application is received;
For a permit renewal, no later than 18 months after the complete application is received;
For a significant permit modification, no later than 18 months after the complete application is received;
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, whichever is later; or [Reference: 40 CFR Part 70.7(e)(e)(iv)]
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. [Reference: 40 CFR Part 70.4(b)(11)(iii)]

D. Notification and Opportunity for Review of Proposed Decision
[Reference: 40 CFR Part 70.7(h) and 70.8]

Within the applicable timeframe specified in subsection C., above, the APCO shall provide notice of and opportunity to review the proposed decision to issue a permit to operate in accordance with requirements in this subsection.

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.
1. 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 references to the applicable statutory and regulatory provisions. Interested persons or agencies shall include persons who have requested in writing to be notified of proposed Regulation X decisions, any affected state and ARB. [Reference: 40 CFR Part 70.7(h)(3) and 70.8(b)(1)]
2. On or after providing written notice pursuant to subsection a., above, public notice that shall be published in at least one newspaper of general circulation in the District. The notice shall provide the information in subsections 1) through 6) below.
  1. The identification of the source, the name and address of permit holder, the activity (ies) and emissions change involved in the permit section.
  2. The name and address of the District and the name and telephone number of District staff to contact for additional information.
  3. The availability, upon request, of a statement that sets forth the legal and 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 decision at least 30 days prior to such hearing. [Reference: 40 CFR Part 70.7(a)(5) and 70.7(h)(1, 2 and 4)]
3. 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.
4. A written response to persons or agencies that submitted written comments which are postmarked by the close of the public notice and common period. All written comments and responses to such comments shall be kept on file at the District office and made available upon request. [Reference: 40 CFR Part 70.7(h)(5) and 70.8)]
5. After completion of the public notice and comment period pursuant to subsection b., above, 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 District's response to written comments, and all necessary supporting information. [Reference: 40 CFR Part 70.8]
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 regulatory provisions. [Reference: 40 CFR Part 70.7(a)(1)(iii and v) and (5)]

E. Changes to the Proposed Decision

Changes to the proposed decision shall be governed by the following procedure:

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 pursuant to subsection D.1.b., above, or due to further analysis of the APCO. Pursuant to subsection D.1.e., above, the APCO shall forward any such modified proposed decision, the proposed permit, the District anaylsis, and all necessary supporting information to the U.S. EPA. [Reference: 40 CFR Part 70.7(g)(5) and 70.8(b)(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 subsection D.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:
1. For initial permits, permit renewals, and significant permit modifications, within 90 days of receiving the U.S. EPA objection; or
2. 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.[Reference: 40 CFR Part 70.7(e)(2)(iv) and 70.8(c)]

F. Final Decision

If the U.S. EPA does not object in writing within 45 days of the notice provided pursuant to subsection D.1.e., above, or the APCO submits a revised permit pursuant to subsection E.2., above, the APCO shall, expeditiously, deny the application or issue the final permit to operate. In any case, the APCO shall take final action on an application within the applicable timeframe specified in subsection C., above. Failure of the APCO to act on a permit application or permit renewal application in accordance to the timeframes provided in subsection C., above, shall be considered final action for purposes of obtaining judicial review to require that action on the application be taken expeditiously.
[Reference: 40 CFR Part 70.4(b)(xi), 70.7(a)(1)(v and (a)(2), and 70.8(c)]

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 regulation upon which the denial is based.
[Reference: 40 CFR Part 70.8(a)(1)]

G. District Action on Written Requests

The APCO shall act on a written request of an owner or operator for permit action using the applicable procedure specified in this subsection.

1. Administrative Permit mendment
[Reference: 40 CFR Part 70.7(d)(3)]

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

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.
The APCO shall provide a copy of the revised permit to an owner or operator of the source and the U.S. EPA.
While the APCO need not make a completeness determination on a written request, the APCO shall notify an owner or operator of the source if the APCO determines that the permit cannot be revised as an administrative permit amendment.

2. Permit Modification for a Condition that is not Federally Enforceable
[Reference: 40 CFR Part 70.4(b)(14) and 70.6(b)]

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 Regulation V under the following circumstances:

Any change at the stationary source allowed by the permit modification shall meet all applicable federal requirements and shall not violate any existing permit term or condition; and
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 requirements that would apply as a result of the change.

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 Regulation V under the circumstances specified in subsection 2.a. and 2.b., above. However, if Rule 1004 D.3.a., b., or c., above, apply, the APCO shall require the submittal of a standard District application and take action on that application pursuant to the requirement of Regulation X.

H. Permit Reopening for Cause
[Reference: 40 CFR Part 70.7(f)]

The APCO shall reopen and revise a permit 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 notification 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.
[Reference: 40 CFR Part 70.7(f)(2)]

Circumstances that are cause for reopening and revision of a permit include but are not limited to, the following:
1. The need to correct a material mistake or inaccurate statement;
2. The need to revise or revoke a permit to operate to assure compliance with applicable federal requirements;
3. 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
4. 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 requirements prior to January 1, 1999, and
  2. Additional requirements promulgated pursuant to Title IV as they become applicable to any acid rain unit governed by the permit. [Reference: 40 CFR Part 70.7(f)(1)]
In processing a permit reopening, the APCO shall use the same procedures as for an initial permit and shall additionally:
1. 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
2. Complete action 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 D.1.e., if the U.S. EPA does not object, or after the APCO has responded to U.S. EPA objection pursuant to subsection E.2., above.

[Reference: 40 CFR Part 70.4(b)(12) and (d)(3)(vii)]

I. Options for Operational Flexibility
[Reference: 40 CFR Part 70.4(b)(12) and (d)(3)(viii)]

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, Rule 102, or Regulation IV, 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 emissions without revision to the permit. The source may gain operational flexibility through use of the following options:

1. Alternative Operating Scenarios
[Reference: 40 CFR Part 70.7(a)(9)]

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

Terms and conditions applicable to each operating scenario are identified by owner or operator of source in the permit application,
The terms and conditions are approved by the APCO,
The terms and conditions are incorporated into the permit; and
The terms and conditions are 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 operating scenario to another.

2. Voluntary Emissions Caps
[Reference: 40 CFR Part 70.4(b)(12)(iii) and 70.6(a), (a)(10) and (c)]

The APCO shall issue a permit that contains 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:

The requirements of subsections 1.a., 1.c., and 1.d., above, are met;
The terms and conditions are approved by the APCO as quantifiable and enforceable; and
The terms and conditions are consistent 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 30 days in advance of a change by clearly requesting operational flexibility under this subsection of Regulation X. 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 change, whether regulated or not.

3. Contravening an Express Permit Condition
[Reference: 40 CFR Part 70.4(b)(12)]

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:

The change will not violate any applicable federal requirement;
The change will not contravene federally-enforceable conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements;
The change is not a modification under Title I of the CAA or any provision of Rule 102 or Regulation IV;
The change does not result in exceeding the emissions allowable under the permit, whether expressed therein as a rate of emissions or in terms of total emissions;
Written notice is given to the U.S. EPA and the APCO 30 days in advance of a change, and the notice clearly indicates which term or condition will be contravened, requests operational flexibility 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
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.