MARIPOSA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 1006 - PERMIT CONTENT REQUIREMENTS
[Reference: 40 CFR Part 70.6]

A permit to operate shall contain permit conditions that will assure compliance with all applicable federal requirements.

A.  Incorporated of Applicable Federal Requirements
[Reference: 40 CFR Part 70.3(c) and 70.6(a)(1) and (b)]

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

  1. A permit condition that addresses an applicable federal requirement shall be specifically identified in the permit 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 provided 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 preconstruction permits, the more stringent requirement) shall be incorporated as a permit condition and the other requirement shall be referenced.

B.  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 Operational Limitations
[Reference: 40 CFR Part 70.6(a)(1)]

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

2.  Preconstruction Permit Requirements
[Reference: 40 CFR Part 70.2 Applicable Requirement (2) and 70.3(c)]

The permit shall include all of the preconstruction permit conditions for each emissions unit.

3.  Origin and Authority for Permit Conditions
[Reference: 40 CFR Part 70.6(2)(1)(i)]

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.

5.  Monitoring, Testing, and Analysis
[Reference: 40 CFR Part 70.6(a)(3)(i)]

The permit shall contain conditions that require monitoring, analytical methods, compliance certification, test methods, equipment management, and statistical procedures consistent with any applicable federal requirement, including those pursuant to sections 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
[Reference: 40 CFR Part 70.6(a)(3)(ii)]

The permit shall include recordkeeping conditions that require:

  1. 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 method of analysis; and
    4. Results of the analysis;
  2. Retention of records of all required monitoring data and support information for a period of at least five years from the date of sample collection, measurement, report, or application; and
  3. Any other recordkeeping deemed necessary by the APCO to ensure compliance with all applicable federal requirements.

7.  Reporting
[Reference: 40 CFR Part 70.6(a)(3)(iii)]

The permit shall include reporting conditions that require the following:

  1. Any deviation from permit requirements, including that attributable to upset conditions (as 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;
  2. A monitoring report shall be submitted at least every six months and shall identify any deviation from permit requirements, including that previously reported to the APCO (see subsection 7.a., above);
  3. All reports of a deviation from permit requirements shall include the probable cause of the deviation and any preventative or corrective action taken;
  4. 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 corrective action taken; and
  5. Each monitoring report shall be accomplished by a written statement from the responsible official which certifies the truth, accuracy, and completeness of the report.

8.  Compliance Plan
Reference: 40 CFR Part 70.5(c)(8)]

The permit shall include a compliance plan that:

  1. Describes the compliance status of an emissions unit with respect to each applicable federal requirement;
  2. 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;
  3. Assures that an emissions unit will continue to comply with those permit conditions with which it is in compliance; and
  4. Assures that an emissions unit will comply with, on a timely basis, any applicable federal requirement that will become effective during the permit term.

9.  Compliance Schedule
[Reference: 40 CFR Part 70.5(c)(8)]

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:

  1. A statement that the emissions unit will continue to comply with those permit conditions with which it is in compliance;
  2. 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;
  3. For each condition with which the emissions unit is not in compliance with an applicable federal requirement, a schedule of compliance which lists all preventative or corrective activities, and the dates when these activities will be accomplished; and
  4. 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
[Reference: 40 CFR Part 70.5(c)(2)]

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:

  1. Inspection of the stationary source, including equipment, work practices, operations, and emission-related activity;
  2. Inspection and duplication of records required by the permit to operate; and
  3. Source sampling or other monitoring activities.

11.  Compliance with Permit Conditions
[Reference: 40 CFR Part 70.6(a)(6)]

The permit shall include the following provisions regarding compliance:

  1. The permittee shall comply with all permit conditions;
  2. The permit does not convey property rights or exclusive privilege of any sort;
  3. The noncompliance with any permit condition is grounds for permit termination, revocation and reissuance, modification, enforcement action, or denial of permit renewal;
  4. The permittee shall not use the "need to halt or reduce a permitted activity in order to maintain compliance" as a defense for noncompliance with any permit condition;
  5. A pending permit action or notification of anticipated noncompliance does not stay any permit condition; and
  6. 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
[Reference: 40 CFR Part 70.6)g)]

The permit shall include the following emergency provisions:

  1. The permittee shall comply with the requirements of Rule 516 and the emergency provisions contained in all applicable federal requirements;
  2. 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 properly 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;
  3. In any enforcement proceeding, the permittee has the burden of proof for establishing that an emergency occurred.

13.  Severability
[Reference: 40 CFR Part 70.6(b)(5)]

The permit shall include a severability clause to ensure the continued validity of otherwise unaffected permit requirements in the event of a challenge to any portion of the permit.

14.  Compliance Certification
[Reference: 40 CFR Part 70.6(b)(5)]

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

  1. An owner or operator of the source shall submit a compliance certification to the U.S. EPA and the APCO every 12 months;
  2. The compliance certification shall identify the basis for each permit term or condition (e.g., specify the emissions limitation, standard, or work practice) and a means of monitoring compliance with the term or condition;
  3. 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
  4. The compliance certification shall include any additional inspection, monitoring, or entry requirement that may be promulgated pursuant to sections 114(a) and 504(b) of the CAA.

15.  Permit Life
[Reference: 40 CFR Part 70.6(a)(2)]

With the exception of acid rain units subject to Title IV of the CAA and solid waste incinerators subject to section 129(e) of the CAA, each permit to operate for any source shall include a condition for a fixed term not to exceed five years from the time of issuance. A permit to operate for an acid rain units 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 reviewed at least every five years.

16.  Payment of Fees
[Reference: 40 CFR Part 70.6(a)(7)]

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 permit 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
[Reference: 40 CFR Part 70.6(a)(9)]

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 scenario. 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 source is required to maintain a contemporaneous log to record each change from one operating scenario to another.

18.  Voluntary Emissions Cap
[Reference: 40 CFR Part 70.6(a)(10)]

To the extent applicable federal requirements provide for averaging emissions increases and decreases within a stationary source without case-by-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 federally-enforceable conditions requiring that:

  1. All applicable federal requirements, including those authorizing emissions averaging, are complied with;
  2. No individual emissions unit shall exceed any emissions limitation, standard, or other requirement;
  3. Any emissions limitation, standard, or other requirement shall be enforced through continuous emission monitoring, where applicable; and
  4. All effected 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.

19.  Acid Rain Units Subject to Title IV
[Reference: 40 CFR Part 70.6(a)(d)]

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:

  1. 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 promulgated pursuant to Title IV;
  2. Any increase in an acid rain unit's sulfur dioxide emissions authorized by allowances acquired pursuant to Title IV of the CAA shall not require a revision of the acid rain portion of the operating permit provided such increases do not require permit revision under any other applicable federal requirements;
  3. Although there is no limit on the 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 Regulation IV; and
  4. 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
[Reference: 40 CFR Part 70.6(e)]

The permit for nay portable source, which may operate at two or more locations, shall contain conditions that require the portable source to:

  1. Meet all applicable District, state, and federal requirements of each location;
  2. 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 federal requirements; and
  3. Notify the APCO ten working days prior to a change in location.