CHAPTER
II – PERMITS
RULE
1-200 - PERMIT REQUIREMENTS
RULE
1-210 - ENVIRONMENTAL ASSESSMENT
RULE
1-220 - NEW SOURCE REVIEW STANDARDS (INCLUDING PSD EVALUATIONS)
RULE
1- 230 - ACTION ON APPLICATIONS
RULE
1-240 - PERMIT TO OPERATE
RULE
1-270 - EMISSIONS DATA AND SAMPLING ACCESS.
RULE
1-280 - AIR TOXICS "HOT SPOTS" COMPLIANCE
CHAPTER
II – PERMITS
All permit requirements and procedures covered
by this chapter are and shall be interpreted in accordance with the provisions
of the federal Clean Air Act Amendments of 1990 and as amended at the time of
application, Title 40 of the Code of Federal Regulations, Part 52.21, Division
26 of the California Health and Safety Code; and the California Environmental
Quality Act of 1970 as amended at the time of application, as applicable, to
comply with the California State Implementation Plan (SIP).
[Amended
RULE 1-200 - PERMIT REQUIREMENTS
(a)
Authority
to Construct or Modify
A written
authorization shall be obtained from the District prior to starting
construction, modification, operation or use of any stationary, portable, or
indirect source which may cause, potentially cause, reduce, control or eliminate
the emission of air contaminants. A
single authorization may be issued for all components of an integrated system
or process. An Authority to Construct
shall remain in effect for one (1) year or until a Permit to Operate
is issued or denied, or the application is canceled at the request of the
applicant, whichever occurs first. If
the Authority to Construct expires prior to issuance of a Permit to Operate,
the authorization may be extended by the applicant submitting an annual renewal
fee per Rule 1-300(f). Construction not
in accordance with this Authority to Construct shall
be sufficient reason to deny a Permit to Operate.
[Amended
(b) Applications
All applications for
an Authority to Construct, Erect, Modify, Replace, Operate or Use any equipment
or indirect source which may cause, potentially cause, reduce, control, or
eliminate the emission of air contaminants, shall be filed at the office of the
District or its designated agent for accepting applications, except as provided
in Rule 1-220(c) for new power plants.
Such application shall contain all information requested by the District
from the list adopted pursuant to "AB 884" (1977) (California Public
Utilities Commission, Information and Criteria List). Upon request of the Air Pollution Control
Officer, any existing stationary, portable, or indirect source of air
contaminant emissions, actual or potential, shall apply for a Permit to Operate
from the District. The applicant for an Authority to Construct or Permit to
Operate shall pay the fees as specified in Regulation 1, Rule 1-300 et seq.
(c) Preliminary
Determinations
In acting upon an
application for an Authority to Construct, the Air
Pollution Control Officer shall make the following determinations:
(1) Whether the project application is subject
to the requirements of Regulation 1 of the Mendocino County Air Quality
Management District.
(2) Whether the project application is
ministerial, categorically exempt, statutorily exempt, or subject to an
environmental evaluation in accordance with the requirements of the California
Environmental Quality Act of 1970 as amended at the time of application.
(3) Whether the project application is subject
to the new source review procedures specified in Rule 1-220(b).
(4) Whether the project is subject to the new
power plant review procedures specified in Rule 1-220(c).
(5) Whether the
project application is subject to the requirements of federal New Source
Performance Standards Rule 1-490), or subject to national emission standards
for Hazardous Air Pollutants (Rule 1-492).
(6) Whether the project is classified as a
major stationary source or major modification under the provisions of Title 40
of the Code of Federal Regulations, Part 52.21 and subject to all applicable
Prevention of Significant Deterioration review requirements.
(d) General
Exemptions
An Authority to
Construct and Permit to Operate shall be required for all new or modified
facilities, equipment, processes, operations or indirect sources which may emit
air contaminants with the following exceptions:
(1) Any vehicle as defined in the Vehicle Code.
(2) Equipment utilized exclusively in
connection with any structure, which structure is designed for and used
exclusively as a dwelling for not more than four families.
(3) Barbecue equipment that is not used for
commercial purposes.
(4) Orchard, vineyard or citrus grove heaters.
(5) Any equipment used in agricultural
operations in the growing of crops or the raising of fowl or animals in
accordance with California Health and Safety Code, Section 42310(e).
(6) Mixing, blending, conveying, or other
mechanical systems which do not, directly or indirectly, emit air contaminants.
(7) Gasoline and organic liquid storage tanks
having a capacity of less than
(8) Any article, machine, equipment or other
contrivance that the Air Pollution Control Officer finds emits air contaminants
below the significance level and he determines should be exempted.
No exemption from the
requirements listed herein under Rule 1-200(d) for an Authority to Construct or
Permit to Operate may be allowed for any individual source that is subject to
New Source Review in accordance with Rule 1-220(b).
RULE 1-210 - ENVIRONMENTAL ASSESSMENT
If the Air Pollution Control Officer determines
that the application is for a project or a portion of a project for which
another public agency has already acted as the lead agency in compliance with
the California Environmental Quality Act of 1970 (CEQA) as amended at the time
of application, no further processing of environmental documents shall be
required. The Air Pollution Control
Officer shall then follow the procedure set forth in Article XII of Appendix A
to this regulation.
If the Air Pollution Control Officer determines
that the application is for a project that does not fall within the above
paragraph, and the Air Pollution Control Officer determines that the project is
ministerial, categorically exempt or will have no significant effect on the
environment, it shall be exempt from the requirements of CEQA. If the Air
Pollution Control Officer determines that such project is not ministerial, is
not categorically exempt but that it may have a significant effect on the
environment, the Procedures for Environmental Impact Review as found in
Appendix A to this regulation, shall be followed. Other project reviews performed by the
District may proceed concurrently with a detailed environmental assessment, but
an Authority to Construct may not be issued by the Air
Pollution Control Officer until completion and filing of the Notice of
Determination.
RULE 1-220 -
(a) Emission Analysis
In reviewing an
Authority to Construct for any new or modified stationary source subject to the
requirements of this chapter, the Air Pollution Control Officer shall require
the applicant to submit information sufficient to describe the nature and
amounts of emissions; the location, design, construction, and operation of the
source; and to submit any additional information requested by the Air Pollution
Control Officer to make the approval determinations required by the provisions
of Rule 1-230.
For the purposes of
emission considerations:
(1) Emissions from a proposed new or modified
stationary source shall be based on the source's potential to emit any air
contaminant subject to regulation under the federal Clean Air Act Amendments of
1990 and as amended at the time of application and Title 40 of the Code of
Federal Regulations, Part 52.21(b)(4).
(2) Emissions from a proposed modified
stationary source shall be based upon the cumulative net emission increases or
reductions that may occur as a result of the modifications and conditions
imposed by either an Authority to Construct or a Permit to Operate, excluding
any emission reductions required to comply with federal, state, or district
laws, rules, or regulations, (40
(3) Emissions from an existing stationary or
previously permitted source shall be based on the actual rate of air
contaminant emissions during the two-year period of operation prior to the date
of application. A different averaging
period may be used if the applicant demonstrates to the satisfaction of the Air
Pollution Control Officer that it would be more representative of normal source
operation, (40
(b) New Source Review
Procedure
In reviewing an
Authority to Construct for any new or modified stationary source which is
subject to Rules 1-490 or 1-492; or for any new or modified stationary source
which the Air Pollution Control Officer estimates will result in a significant
net increase in emissions of any air contaminant regulated under the federal
Clean Air Act Amendments of 1990 and as amended at the time of application, and
precursors of such contaminants, the Air Pollution Control Officer shall: (Significant levels are defined in
Rule 1-130(s2)). The New Source Review
process is diagramed in Rule 1, Figure 1.
(1) Determine best available control technology
(BACT) for each air contaminant for which the significance level is exceeded
and so inform the applicant,(40
(2) Analyze the effect of the new or modified
stationary source on air quality for each air contaminant for which the
significance level is exceeded and require that the applicant comply with the
preconstruction monitoring requirements of Section 52.21 of the Code of Federal
Regulations, (40
(3) Determine that approved stack height good
engineering practices are employed and prepare or cause to be prepared an
analysis of the following:
(A) The effect of increased emissions of air
contaminants, including associated vessel emissions, on the
(B) The expected net increase above baseline
concentration for any proposed new stationary source or modification whose emissions,
including any associated vessel emissions, exceed the significant levels
defined in Rule 1-130(s2).
NOTE: Increment consumption prior to the date
of application of the proposed source shall be calculated by including major,
minor and mobile sources.
(4) Publish a notice by prominent advertisement
in at least one newspaper of general circulation in the District stating where
the public may inspect the information required by this Rule. The notice shall include the preliminary
determination; present the expected additional and cumulative increment
consumption; provide opportunity for a public hearing; and allow 30 days
beginning on the date of publication, for the public to submit written comments
on the application.
(5) Make available for public inspection at the
District office, the information submitted by the applicant, the analysis of
the effect of the source on air quality, and the preliminary decision to grant
or deny the Authority to Construct.
(6) On the date of publication forward copies
of the notice required in paragraph (4) to the U. S. Environmental Protection
Agency, the California Air Resources Board, all APCD's
and AQMD’s in the air basin, all adjoining APCD's and AQMD’s in other air
basins, and any federal land managers of a Class I area which may experience a
significant air quality impact or is within
(7) In the event of an air quality controversy,
hold a public hearing on the project and consider all public comments submitted
prior to the granting or denial of the Authority to Construct. Notice of the public hearing shall be
published in at least one newspaper of general circulation in the District at
least 10 days prior to the public hearing.
(8) Transmit copies of the application and
notice of each action affecting the application to EPA and the managers of any
affected Class I areas.
(9) All comments and the final determination on
the application shall be available for public inspection.
(10) Within 30 days of the issuance of an
Authority to Construct the Air Pollution Control Officer shall publish a notice
in the local newspaper with the highest circulation in the area.
(c) Power
Plant Review Procedures
This section shall
apply to all power plants proposed to be constructed in the District and for
which a Notice of Intention (
(1) Within fourteen days of receipt of an
(A) a preliminary
determination of the need for and a specific definition of best available
control technology (BACT) for the proposed facility;
(B) a preliminary
discussion of whether there is substantial likelihood that the requirements of
Rule 1-230(a) and all other District regulations can be satisfied by the
proposed facility;
(C) a preliminary list
of conditions which the proposed facility must meet in order to comply with
Rule 1-230(a) or any other applicable District regulation.
The preliminary
determinations contained in the report shall be specific as possible within the
constraints of the information contained in the
(2) Upon receipt of an Application for Certification
(
(3) The Air Pollution Control Officer shall
consider the
(4) The Air Pollution Control Officer may
request from the applicant any information necessary for the completion of the
Determination of Compliance review. If
the Air Pollution Control Officer is unable to obtain the information, he may
petition the presiding Commissioner of the
(5) Within 180 days of accepting an
(A) whether the
proposed power plant meets the requirements of Rule 1-230(a) and all other
applicable district regulations; and
(B) in the event of compliance, what permit
conditions will be required including specific BACT requirements and a
description of required mitigation measures; and
(C) complete the new
source review requirements of Rule 1-230.
(6) Within 240 days of the filing date, the Air
Pollution Control Officer shall submit to the
(7) Any applicant receiving a certificate from
the
RULE 1- 230 - ACTION ON APPLICATIONS
Within 30 days of receipt of an application for
an Authority to Construct, Modify, Replace, Operate or Use, the Air Pollution
Control Officer shall notify the applicant in writing by mail or in person, of
the action taken on that application.
Such action shall include a determination of completeness or incompleteness. A determination of completeness shall include
approval, conditional approval, or denial.
A determination of incompleteness shall include a request for more
information necessary to issue a determination of completeness. Notice of action taken on an application
shall be deemed to have been given when the written notification has been
deposited in the mail, postpaid, addressed to the address shown on the
application, or when personally delivered to the applicant or his
representative.
[Ref.
HS&C, Section 42301.3(d)(1), Amended
In acting upon any application for an Authority
to Construct involving indirect sources or new or
modified stationary sources of air contaminants subject to the requirements of
Rule 1-220(b), the Air Pollution Control Officer shall provide for public notice
in accordance with the provisions of said rule.
(a) General Approval
The Air Pollution
Control Officer shall grant an Authority to Construct
only after he has determined that the new or modified stationary source of air
contaminants:
(1) will cause the article, machine, equipment
or other contrivance, so constructed or modified, to operate within all
applicable rules and regulations pertaining to the emission of air
contaminants;
(2) will not prevent the attainment, interfere
with the maintenance, or cause a violation, of any state or national ambient
air quality standard nor interfere with the control strategy contained in the State of California Air
Quality Implementation Plan;
(3) has complied with
all applicable requirements of 40
(4) will not result in air contaminant
emissions in excess of the allowable standards established by the U.S.
Environmental Protection Agency for new stationary sources of the category
types listed in Rule 1-490 and 1-492 of the District, or employs best available
control technology, BACT, for each air contaminant for which the significance
level is exceeded; whichever is the more restrictive condition; and
(5) provides adequate
facilities for sampling, emission monitoring, and reporting procedures as
specified by the Air Pollution Control Officer.
NOTE: The variance provisions of the California
Health and Safety Code do not apply to sources or emissions subject to the
requirements of Rules 1-490 & 1-492.
(b) New Source
Approval
(1)
Immediately upon filing the public notice
for a new or modified stationary source subject to the provisions of Rule
1-220, the Air Pollution Control Officer shall forward to the California Air
Resources Board and the U.S. Environmental Protection Agency an analysis of the
effect of the source on air quality and the preliminary decision to grant or
deny the Authority to Construct.
(2)
An Authority to Construct
for any stationary source subject to the provisions of Rule 1-220, may not be
granted or denied by the Air Pollution Control Officer until at least 30 days
after the date of public notice.
(c) Denial Of Application
The Air Pollution
Control Officer shall deny an Authority to Construct
for any new or modified stationary source of air contaminants that does not
meet the requirements specified in Rule 1-230. In the event of such denial, the
Air Pollution Control Officer shall notify the applicant in writing of the
reasons therefore. Service of this
notification may be made in person or by mail, addressed to the applicant at
the address set forth on the application, and such service may be proved by the
written acknowledgement of the persons served or affidavit of the person making
the service. The Air Pollution Control
Officer shall not accept a further application unless the applicant has
satisfied the requirements that were the basis for denial of the Authority to
Construct.
(d) Conditional
Approval
The Air Pollution Control
Officer may issue an Authority to Construct, subject
to conditions which will assure the operation of any equipment or stationary
source within the applicable standards set forth in these regulations, in which
case, the conditions shall be specified in writing. Commencing work under such an Authority to Construct shall be deemed acceptance of all conditions so
specified. No conditional approval may
be granted for any proposed stationary source that would violate the general
approval requirements of Rule 1-230(a)(2) with respect
to a federal, state, or local ambient air quality standard unless all the
following conditions are met for the applicable (violating) pollutant:
(1) The new source is required to employ
"Best Available Control Technology".
(2) Emission reductions from existing sources
in the area of the proposed new source are required such that the total actual
emissions from the combined existing and proposed sources will be less than the
total actual emissions from the existing sources prior to the date of
application for the Authority to Construct.
Any emission reductions of this type must be enforceable by revised
permit conditions or written contract agreements.
(3) The emission reductions stated above will
provide a positive net air quality benefit in the affected area.
(4) The applicant certified that all existing
sources owned or controlled by the owner or operator of the proposed source in
the State are in compliance with all applicable rules, regulations or approved
compliance schedules.
The Air Pollution
Control Officer may issue an Authority to Construct
with revised conditions upon receipt of a new application, if the applicant
demonstrates that the equipment or stationary source can operate within the
standards of these regulations under the revised conditions.
RULE 1-240 - PERMIT TO OPERATE
(a) Permit To Operate Required
A person shall not
operate or use any stationary source, the use of which may cause the issuance
of air contaminants or the use of which may reduce or control the issuance of
air contaminants, without first obtaining a written permit from the Air
Pollution Control Officer or except as provided in Rule 1-240(b).
(b) Temporary Permit
to Operate
Upon completion of
construction or modification of and before operating or using of any new or
modified stationary source of air contaminants for which an Authority to
Construct had been issued pursuant to the provisions of this Chapter, the
applicant shall notify the Air Pollution Control Officer in writing. Upon such notification, the Authority to
Construct or modify shall serve as a Temporary Permit for Operation of the
equipment until the Permit to Operate is granted or denied.
(c) Permit to Operate
The Air Pollution
Control Officer shall take final action to grant, grant with conditions, or
deny a Permit to Operate for any stationary source within 180 calendar days
after notification per section 1-240(b) or for a pre-existing source (i.e. a
source without an Authority to Construct) within 90 calendar days after receipt
of application for Permit to Operate.
The Air Pollution Control Officer shall grant a Permit to Operate for any stationary source only after he has
determined that, in his judgment, all source construction and modifications
were completed in accordance with the Authority to Construct granted pursuant
to this Chapter. Failure to act within
the specified time period can be deemed by the Applicant to be a denial of the
Permit to Operate for appellate purposes.
No Permit to Operate shall be granted for any stationary source
constructed without authorization as specified in Rule 1-200(a) until the
information required is presented to the Air Pollution Control Officer, an
emission analysis is performed, and the source is altered, if necessary, and made
to conform with the standards set forth in Rule 1-230 and elsewhere in this
regulation.
(d) Conditional
Permit
The Air Pollution
Control Officer may issue a Permit to Operate or Use, subject to conditions
that will assure the operation of any stationary source within the applicable
standards set forth in these regulations, in which case, the conditions shall
be specified in writing. Commencing
operation under such a Permit to Operate shall be
deemed acceptance of all the conditions so specified.
(1) The Air Pollution Control Officer shall
impose conditions on a Permit to Operate such as he deems necessary to ensure
that the stationary source will be operated in the manner specified in
conducting the emission analysis of Rule 1-220 and in granting the approval
required by Rule 1-230.
(2) The Air Pollution Control Officer may
condition a Permit to Operate so as to prohibit a new stationary source that is
a replacement for an existing stationary source from operating, unless the
operation of the existing source is terminated.
(3) The Air Pollution Control Officer may at
any time issue a Permit to Operate with revised
conditions if the applicant demonstrates that the equipment can operate within
the standards of these regulations under the revised conditions.
(e) Compliance
Verification
As a condition of a
Permit to Operate, the Air Pollution Control Officer may require that the owner
provide, install, calibrate, maintain, and operate continuous recording
instruments to measure emission rates to the atmosphere and/or to measure air
contaminant concentrations at specific emission points or at locations adjacent
to the facility property line. The Air
Pollution Control Officer shall forego the requirements of this subsection
(Rule 1-240(e)) if the applicant demonstrates to the satisfaction of the Air
Pollution Control Officer that there is no practical or reasonable achievable
technology available to accomplish the monitoring requirements.
(1) Said permit conditions may, in addition,
require:
(A) That the measuring
instruments meet minimum standards of measurement accuracy, calibration
procedure and calibration frequency as specified by the Air Pollution Control
Officer.
(B) That the recording section of such measuring
instruments shall be installed in a location subject to frequent operator
surveillance or be equipped with suitable alarm devices.
(2) The information recorded shall be
summarized and reported to the District in the manner and form as prescribed by
the Air Pollution Control Officer.
(3)
Emission data obtained from owners or
operators of stationary sources will be correlated with applicable emission
limitations and other control measures and will be available to the public
during normal business hours at the District Office, or submitted to EPA or ARB,
upon request.
(4)
Monitoring records shall be retained by
the owner for a period of not less than two years.
(5) District personnel are to inspect and
confirm calibration of measuring instruments, as necessary.
(6) Any violation of an emission standard,
ambient air quality standard, or breakdown of emission measuring instruments,
is to be reported to the District in accordance with the provisions of Rule
1-540, Equipment Breakdown.
(f) Mandatory
Monitoring Requirements
Monitoring instruments
shall be provided, installed, calibrated, maintained and continuously operated
by the owner of the following stationary source categories to measure air
contaminant emissions or opacity from sources for which there is an applicable
federal, state, or local emission standard.
All monitoring calibrations, reporting requirements and specifications
shall be in accordance with the requirements of Mendocino County Air Quality
Management District Regulation 1, Appendix B.
(1) Fossil-fuel fired
steam generators with a heat input of 250 million British Thermal Units (63
million kilogram calories) or more per hour with a use factor of at least 30%
per year.
(A) Oxides of nitrogen.
(B) Carbon dioxide or oxygen.
(C) Opacity except: where gaseous fuel is the only fuel burned,
or where oil or a mixture of gas and oil is the only fuel burned and the source
is able to comply with the applicable particulate matter and opacity
regulations without collection equipment, and where the source has not been
found, through administrative or judicial proceedings, to be in violation of
Regulation 1 of the Mendocino County Air Quality Management District.
(D) Sulfur dioxide, if
control equipment is used.
(2) All sulfur recovery plants and sulfuric
acid plants, sulfur dioxide.
(3) Nitric Acid Plants.
(A) All new nitric acid plants, oxides of
nitrogen.
(B) All existing nitric
acid plants of greater than 300 tons per day production capacity, the
production capacity being expressed as 100 percent acid, oxides of nitrogen.
(4) CO boilers of regenerators
of fluid catalytic cracking units; CO boilers of fluid cokers
if feed rate is greater than 10,000 barrels (
(A) Sulfur
dioxide.
(B) Opacity.
(g) Permit Denial
The Air Pollution
Control Officer shall deny a Permit to Operate for any
new or modified stationary source of air contaminants that does not meet the
approval requirements specified in Rule 1-
(h) Review of Permits
The Air Pollution
Control Officer may at any time require from an applicant for, or holder of,
any Permit to Operate, such information, analyses, plans or specifications as
will disclose the nature, extent, quantity or degree of air contaminants that
are or may be discharged into the atmosphere.
If the holder of said permit within 30 days willfully fails and refuses
to furnish to the Air Pollution Control Officer information,
analyses, plans, specifications, or test data requested, the Air Pollution
Control Officer may suspend the Permit to Operate. The Air Pollution Control Officer shall serve
notice in writing of such suspension and the reasons therefore on the
permittee.
(i) Posting of Permit to Operate
A person who has been
granted a Permit to Operate any stationary source,
shall display such Permit to Operate, an approved facsimile, or other approved
identification bearing the permit number in such a manner as to be clearly
visible and accessible at a location near the source. In the event that the Permit to Operate
cannot be so placed, the Permit to Operate shall be
maintained readily available at all times on the operating premises.
(j) Transfer of
Location or Ownership
Any permit or written
authorization issued hereunder shall not be transferable, by operation of law
or otherwise, from one location to another, or from one person to another,
unless such transfer is specified as a condition of permit issuance.
Within ten (10) days after notice by the Air
Pollution Control Officer of denial or conditional approval of an Authority to
Construct or Permit to Operate, or upon suspension of an existing permit the
applicant or any other person dissatisfied with the decision may petition the
Hearing Board, in writing, for an order modifying or reversing that decision. Such
appeals shall be filed in writing and contain a summary of the issues which
form the basis for approval or denial.
The Hearing Board, after notice and a public hearing held within thirty
(30) days after filing the petition, may sustain, reverse or modify the action
of the Air Pollution Control Officer; such order may be made subject to
specified conditions.
(a) New source review procedures in accordance
with Rule 1-220(b) shall not be required for temporary stationary sources which
will be in operation for less than 90 days duration providing best available
control technology is applied and such operations will not interfere with the
control strategy of the SIP.
(b) New source review procedure in accordance
with Rule 1-220(b), Rule 1-230(a)(4) and Rule 1-230(a)(2) shall not be required
for geothermal power plants or steam transmission lines which will not, under
all normal operating conditions, emit greater than
(1) No more than one such facility is within a
(2) The facility can provide a significant net
annual H2S emissions reduction.
RULE 1-270 - EMISSIONS
The Air Pollution Control Officer or his or her
authorized representative may, upon reasonable written notice, require the
owner or operator of any article, machine, equipment, or other contrivance, the
use of which may cause the issuance of air contaminants, or the use of which
may eliminate, reduce or control the issuance of air contaminants, to do any of
the following:
(a) Provide the Air Quality Management District
with descriptions of basic equipment, control equipment and rates of emissions.
(b) Provide other additional information,
including process and production data, techniques and flow diagrams.
(c) Provide sampling platforms, sampling ports,
and means of access to sampling locations.
(d) Provide and maintain sampling and monitoring
apparatus to measure emissions or air contaminants when the Air Pollution
Control Officer or his or her authorized representative has determined that
such apparatus is available and should be installed.
Authority
cited: Health and Safety Code, Section
41511.
[Adopted
RULE 1-280 -
(a) Applicability
This Rule shall apply
to all new facilities subject to the Air Toxics "Hot Spots" Information
and Assessment Act (the Act -- Health and Safety Code, Sections 44300 - 44394),
and to all existing facilities subject to the Act that add new equipment or
processes. (Health and Safety Code,
Section 44382)
(b) Major New
Processes or Equipment at Existing Facilities
The owner or operator
of any previously permitted facility shall submit to the District an Emission
Inventory Plan as required by Health and Safety Code, Section 44340 not later
than August 1 of the year following the year in which the District issues a
permit to operate any new process or equipment which emits more than 10 tons
per year (
(c) Minor New Processes
or Equipment at Existing Facilities
The owner or operator
of any previously permitted facility shall submit to the District an Emissions
Inventory Plan as required by Health and Safety Code, Section 44340 at the time
of the next reporting cycle, as provided in Health and Safety Code, Section
44344, after the District's issuance of a permit to operate any new process or
equipment which emits less than 10 tons per year (
(d) New Facilities
The owner or operator
of any new facility subject to the Act shall submit to the District an
Emissions Inventory Plan as required by Health and Safety Code, Section 44340
not later than August 1 of the year following the year in which the District
issues a permit or permits to operate the processes or equipment at that
facility.
(e) Fees for New
Facilities
The owner or operator
of any new facility subject to the Act shall pay to the District the fees as
required by Health and Safety Code, Section 44380, as provided in Regulation 1,
Rule 1-370, commencing with the fiscal year of the District's issuance of a
permit or permits to operate the processes or equipment at that facility.
(f) Permit Conditions
Each permit to operate
new equipment at new or modified facilities subject to the Act, issued pursuant
to Rule 1-240, shall require compliance with this Rule and the provisions of
the Act as a condition of continued operation.
The permit shall include the date by which the permit holder must submit
an Emission Inventory Plan of Health and Safety Code, Section 44340.