Vandenberg Air Force Base (AFB)
Rule 1301, Part 70 Operating
Permits
Attachment 4
Note: The final amended District Rule 1301,
Part 70 Operating Permits--General Information is scheduled for a District
Board hearing in August 1997, and will be submitted to EPA for approval
as part of District's Part 70 program by January 1, 1998. EPA will approve
incorporation of amended District Rule 1301 into the District's Part 70
program if statutory and regulatory criteria are met.
RULE 1301. PART 70 OPERATING PERMITS--GENERAL
INFORMATION. (Adopted 11/09/1993, revised 8/15/1996)
A. Applicability
The provisions of this Rule and of Rules 1302 through 1305 shall apply
to any source that qualifies as a "Part 70 source" as defined
in Section C below:
B. Exemptions
The requirement to obtain a Part 70 operating permit under this Rule shall
not apply to:
1. Any stationary source required to obtain a Part 70 permit solely because
such source is subject to the provisions of 40 CFR 60, Subpart AAA, Standards
of Performance for New Residential Wood Heaters; or
2. Any stationary source or operation required to obtain a Part 70 permit
solely because such source is subject to the provisions of 40 CFR 61,
Subpart M, National Emission Standard for Hazardous Air Pollutants for
Asbestos, Section 61.145, Standard for Demolition and Renovation; or
3. Any stationary source, including an area source, required to obtain
a Part 70 permit solely because such source is subject to regulations
or requirements pursuant to Section 112(r) of the Clean Air Act (CAA).
4. Any solid waste incineration unit required to obtain a permit pursuant
to Section 3005 of the Solid Waste Disposal Act.
C. Definitions
For purposes of this Rule and of Rules 1302 through 1305, the definitions
listed below shall apply:
"Acid Rain Source" means any stationary source that includes
one or more emission units that are subject to emission reduction requirements
or limitations pursuant to Title IV (Acid Rain) of the CAA Amendments
of 1990.
"Administrative Permit Amendment" means a modification
to a Part 70 permit that is being made solely for the purpose of accomplishing
one or more of the following objectives:
1. To correct typographical errors.
2. To make an administrative change at the source such as the name, address
or phone number of a person named in the permit.
3. To require more frequent monitoring or reporting by the permittee.
4. To allow the transfer of ownership or operational control of a stationary
source where the District has determined that no other change in the permit
is necessary, and provided that a written agreement containing a specific
date for transfer of permit responsibility, coverage and liability between
the current and new permittee has been submitted to the District.
5. To incorporate into the Part 70 permit the terms and conditions of
USEPA's preconstruction review permit or the District Authority to Construct
permit issued under a program approved by USEPA as meeting procedural
requirements substantially equivalent to the procedural requirements of
40 CFR 70.7 and 70.8 and the compliance requirements of 40 CFR 70.6.
6. To incorporate other changes determined by the Control Officer and
the USEPA as administrative amendments.
Significant or minor permit modifications defined elsewhere within this
rule shall not be deemed as administrative amendments.
"Air Pollutant (also Air Contaminant)," see "Regulated
Air Pollutant."
"Affected States" means states that are contiguous to
California whose air quality may be affected by emissions resulting from
issuance, renewal or modification of a permit to a Part 70 source.
"Applicable Requirement" means any federal, state, or
District requirement including any federally approved State Implementation
Plan requirement for Santa Barbara County, and any "federally enforceable
requirement."
"CFR" means the code of Federal Regulations, an official
compilation of federal Regulations generated by federal administrative
agencies.
"Clean Air Act (Act or CAA)" means the federal Clean
Air Act as amended, 42 U.S.C. 7401, et seq.
"Day or Days" means calendar day or days unless otherwise
stated.
"District" means the Santa Barbara County Air Pollution
Control District.
"Emergency" means any situation arising from sudden and
reasonably unforeseeable events beyond the control of a permittee, including
acts of God, which situation requires immediate corrective action to restore
normal operation, and that causes the stationary source to exceed a technology-based
emission limitation under the permit, due to unavoidable increases in
emissions attributable to the emergency. An emergency shall not include
noncompliance to the extent caused by improperly designed equipment, lack
of preventive maintenance, careless or improper operation, or operator
error.
"Emissions Allowable Under the Federally Enforceable Permit"
means a federally enforceable permit term or condition determined by the
District or the USEPA as required under a federally enforceable requirement.
The term or condition establishes an emissions limit (including a work
practice standard) or a federally enforceable emission cap that the source
has assumed to avoid a federally enforceable requirement to which the
source would otherwise be subject.
"Emissions Unit" means any part of activity of a stationary
source that emits or has the potential to emit any regulated air pollutant
or any substance listed pursuant to Section 112(b) of the CAA and its
implementing regulations.
"Environmental Protection Agency (USEPA) or the Administrator"
means the U.S. Environmental Protection Agency or its administrator or
the administrator's designee.
"Federally Enforceable Requirement" means any requirement
set forth in, or authorized by the CAA and its implementing regulations
or USEPA regulations. Federally enforceable requirements include requirements
that have been promulgated or approved by USEPA through rulemaking at
the time of issuance of a part 70 permit but have future effective dates.
Federally enforceable requirements include:
1. Title I requirements of the CAA and its implementing regulations, including:
a. District Rule 205.C requirements in the state implementation plan approved
by the USEPA and the terms and conditions of a preconstruction permit
issued pursuant to such rule.
b. New Source Review (NSR) consisting of Non-attainment Area Review (NAR)
and Prevention of significant Deterioration (PSD) review requirements
and the terms and conditions of the NAR/PSD permits (40 CFR Parts 51 and
52).
c. New Source Performance Standards (40 CFR Part 60).
d. National Ambient Air Quality Standards, increment, or visibility requirements,
but only as they would apply to sources permitted pursuant to Section
504(e) of the CAA and its implementing regulations.
e. National Emissions Standards for Hazardous Air Pollutants (40 CFR Part
61).
f. Any standards, determinations or other requirements under Section 112
of the CAA and its implementing regulations, including MACT and GACT Standards
and MACT and GACT determinations made pursuant to CAA, Sections 112(g)
and 112(j).
g. Solid Waste Incineration requirements (Section 129 of the CAA and its
implementing regulations).
h. Consumer and Commercial Product requirements (Section 183 of the CAA
and its implementing regulations).
i. Tank Vessel requirements (Section 183 of the CAA and its implementing
regulations).
j. District rules that are approved into the state implementation plan.
k. Federal Implementation Plan requirements.
l. Enhanced Monitoring and Compliance Certification requirements (Section
114(a)(3) of the CAA and its implementing regulations).
2. Title III, Section 328 (Outer Continental Shelf or OCS) requirements
of the CAA (40 CFR Part 55), upon delegation by USEPA of the OCS program
to the District.
3. Title III, Section 112 (Hazardous Air Pollutant) requirements of the
CAA and its implementing regulations.
4. Title IV (Acid Deposition Control) requirements of the CAA (40 CFR
Parts 72, 73, 75, 76, 77, 78).
5. Title VI (Stratospheric Ozone Protection) requirements of the CAA (40
CFR Part 82).
6. Monitoring and Analysis requirements (Section 504(b) of the CAA and
40 CFR 64).
Terms and conditions of Part 70 permits are federally enforceable, unless
they have been specifically designated as non-federally enforceable.
"Final Operating Permit" means a permit with District
and federally enforceable conditions, that has completed all review procedures
required by Rule 1304, has not been disapproved by the USEPA and has been
issued by the District.
"Fugitive Emissions" means those emissions which could
not reasonably pass through a stack, chimney, vent or other functionally
equivalent opening. Fugitive emissions from a Part 70 sources shall be
included in the permit application and the Part 70 permit in the same
manner as stack emissions.
"General Permit" means a federally enforceable operating
permit that meets the requirements of 40 CFR 70.6(d).
"Generally Available Control Technology (GACT)" means
a generally available control technology standard or management practice
promulgated pursuant to Section 112(d) of the CAA (40 CFR 63).
"Hazardous Air Pollutant (HAP)" means any hazardous air
pollutant listed in Section 112(b) of the CAA and its implementing regulations.
"Insignificant Activities" mean those equipment, operations
and activities listed as exempt from District permitting pursuant to Sections
A.1, A.2, C, D, E and F of District Rule 202 (Exemptions to Rule 201).
A list of all insignificant activities at the Part 70 source shall be
listed in its Part 70 operating permit application. Also, all information
needed to determine the applicability of, or to impose, any applicable
requirement, or to evaluate any applicable permit fees must be provided
for each of the insignificant activities listed in the permit application.
No federally enforceable requirement for emissions allowable under the
permit shall be listed for these insignificant activities in the permit.
"Insignificant Emissions levels" mean the emissions levels:
(a). specified as exempt from District permitting pursuant to Section
A.3. of District Rule 202; or, (b). de minimis levels of HAP emissions
which do not trigger any Part 70 permit modifications.
"Maximum Achievable Control Technology (MACT)" means
any maximum achievable control technology emission limit or other requirement
promulgated pursuant to CAA, Section 112(d) as set forth in 40 CFR 63.
"Minor Permit Modification" means a modification to a
Part 70 permit that meets all of the following criteria:
1. The modification is not a Title I modification.
2. The modification does not violate any applicable requirements.
3. The modification does not require or change a case-by-case determination
of an emission limitation or other standard.
4. The modification does not involve any relaxation of any existing monitoring,
reporting or recordkeeping requirements in the permit.
5. The modification does not seek to establish or change a permit condition
that established a federally enforceable emissions cap assumed to avoid
an otherwise federally enforceable requirement.
6. The modification does not cause a net emissions increase which triggers
a significant permit modification.
"Modification" means any physical change, change in the
method of operation of, or addition to an existing part 70 source that
would result in a net emissions increase of any regulated pollutant at
that source. In this context, a physical change does not include routine
maintenance or repair. also, unless previously limited by a federally
enforceable permit condition, the following shall not be considered changes
in the method of operation:
1. An increase in the production rate if such increase does not exceed
the operating design capacity or the demonstrated actual maximum capacity
of the equipment;
2. A change in ownership;
3. Use of an alternate fuel or raw material, provided that such use is
expressly authorized on the permit;
4. A replacement of a piece of equipment with an equivalent piece of equipment
with the operating design capacity or the demonstrated actual maximum
capacity less than or equal to those of the original piece of equipment.
however, this exemption shall not apply to equipment used in a source
category which is subject to the New Source Performance Standards stipulated
by Section 111 or to the Emission Standards for Hazardous Air Pollutants
mandated under Section 112 of the CAA and its implementing regulations.
A modification shall be considered "major or Title I modification"
for a Part 70 source if the net emissions increase of any regulated pollutant
equals or exceeds the levels stipulated in "Title I Modification"
subsection of this rule.
For Part 70 sources subject to New Source Performance Standards (NSPS),
modification means any physical change, or change in the method of operation
of, an existing equipment (to which NSPS can apply when newly constructed
or modified) which increases the amount of any air pollutant (to which
a standard applies) emitted into the air by that equipment or which results
in the emission of any air pollutant (to which a standard applies) into
the atmosphere not previously emitted. For Part 70 sources subject to
Emission Standards for Hazardous Pollutants mandated under Section 112
of the CAA, modification means any physical change, or change in the method
of operation of the source which increase the actual emissions of any
hazardous air pollutant (HAP) emitted by such source by more than a de
minimis amount or which results in the emission of any hazardous pollutant
not previously emitted by more than a de minimis amount. The de minimis
amounts mentioned above shall correspond to the levels listed by the USEPA
in the federal register promulgations of the HAP standards under Section
112 of the CAA.
"National Ambient Air Quality Standards (NAAQS)" means
air quality standards promulgated pursuant to Section 109 of the CAA and
its implementing regulations to protect public health and welfare, and
consisting of primary and secondary standards. Primary standards are aimed
at protecting the public health, while secondary standards are intended
to safeguard the public welfare.
"Net Emissions Increase" for a Part 70 source means the
net emissions increase as defined under the District New Source Review
Rule 205.C.
"Non-Federal Minor Permit Change" means a change to a
non-federally enforceable term or condition of a Part 70 permit that meets
all of the following criteria:
1. The change is not addressed or prohibited by the federally enforceable
portio no the part 70 permit.
2. The change is not a Title I modification.
3. the change does not violate any applicable requirements nor any existing
permit terms or conditions.
4. The changes dos not cause a net emissions increase which triggers a
significant permit modification.
5. The change is not subject to any requirements under Title IV (Acid
Rain) of the CAA and its implementing regulations.
A non-federal minor permit change requires approval through the District's
NSR process and incorporation into the facility operating permit prior
to its implementation.
"Outer Continental Shelf (OCS) source" includes any equipment,
activity, or facility which
1. emits or has the potential to emit any air pollutant,
2. is regulated or authorized under the Outer continental Shelf Lands
Act, and
3. is located on the OCS or in or on waters above the OCS.
Such activities include, but are not limited to, platform and drill ship
exploration, construction, development, production, processing and transportation.
For purposes of this subsection, emissions from any vessel servicing or
associated with an OCS source, including emissions while at the OCS source
or en route to or from the OCS source within 25 miles of the OCS source,
shall be considered direct emissions from the OCS source. Such emissions
shall be included in the "potential to emit" for an OCS source.
"Part 70 Permit" means that portion of any permit (or
group of permits) covering a Part 70 source that is issued, renewed, amended
or revised pursuant to Rules 1301 through 1305.
"Part 70 Source" means stationary sources included in
the following source categories:
1. A stationary source with the potential to emit a regulated air pollutant
or a hazardous air pollutant (HAP) in quantities equal to or exceeding
any of the following thresholds:
a. 100 tons/year of any regulated air pollutant.
b. 10 tons/year of any individual HAP or 25 tons/year of a combination
of HAPs, or any lesser quantity thresholds for any HAP established by
EPA rulemaking. Fugitive emissions of HAPs must be counted for the purposes
of determining applicability. However, emissions from any oil or gas exploration
or production well (with its associated equipment) and emissions from
any pipeline compressor or pump station shall not be aggregated with emissions
from other similar units, whether or not such units are in a contiguous
area or under common control, to determine whether such units are Part
70 sources.
c. Any lesser quantity thresholds established by EPA rulemaking.
2. Any stationary source defined by the USEPA as major for the District
under Title I, Part D (Plans for Non-attainment Areas) of the CAA and
its implementing regulations. For ozone non-attainment areas classified
by USEPA as "moderate," sources with the potential to emit 100
tons/year of volatile organic compounds (VOC) or oxides of nitrogen (NOx)
are defined by the USEPA as "major."
3. Acid rain sources included under the provisions of Title IV of the
CAA and its implementing regulations.
4. Any source required to have a preconstruction review permit pursuant
to the requirements of the new source review (NSR)/prevention of significant
deterioration (PSD) program under Title I, Parts C and D of the CAA and
its implementing regulations.
5. Any solid waste incineration unit required to obtain a Part 70 permit
pursuant to Section 129(e) of the CAA and its implementing regulations.
6. Any stationary source in a source category required to obtain a Part
70 permit pursuant to regulations promulgated by the USEPA Administrator.
"Potential to Emit" means the maximum capacity of a stationary
source to emit any air pollutant under its physical and operational design.
Any physical or operational limitation on the capacity of a source to
emit an air pollutant, including air pollution control equipment and restriction
on the hours of operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if the limitation
is federally enforceable. Secondary emissions do not count in determining
the potential to emit of a stationary source. Secondary emissions are
defined in 40 CFR 52,21(b)(18). The fugitive emissions of a stationary
source shall be included in the potential to emit for the stationary source
if such source category is specified by the USEPA as qualified to include
fugitive emissions, e.g., source categories listed under 40 CFR 70.2 or
fugitive HAP emissions from HAP sources.
"Proposed Operating Permit" means a permit with District
and federally enforceable conditions proposed for issuance by the District
and forwarded to the USEPA for review in compliance with Rule 1304.
"Regulation XIII" means District Regulation XIII, District
Rules 1301, 1302, 1303, 1304 and 1305.
"Regulated Air Pollutant" means any air pollutant (a)
which is emitted into and otherwise enters the ambient air, as defined
in 40 CFR 50.1, and (b) for which the USEPA has adopted an emission limit,
standard or other requirement. Regulated air pollutants include:
1. Oxides of nitrogen (NOx); also, volatile organic compounds (VOC) as
defined in 40 CFR 51.166;
2. Any pollutant for which a national ambient air quality standard has
been promulgated pursuant to Section 109 of the CAA and its implementing
regulations;
3. Any pollutant subject to any standard promulgated under Section 111
(New Source Performance Standards) of the CAA and its implementing regulations;
4. Any ozone-depleting substance specified as class I or II substance
pursuant to Title VI of the CAA and its implementing regulations.
5. Any pollutant subject to a standard promulgated under Section 112 (Hazardous
Air Pollutants) of the CAA and its implementing regulations, including:
a. Any pollutant listed pursuant to Section 112(r) of the CAA and its
implementing regulations shall be considered a regulated air pollutant
upon promulgation of the list.
b. Any HAP subject to a standard or other requirement promulgated by the
USEPA pursuant to Section 112(d) of the CAA or adopted by the District
pursuant to Sections 112(g) and 112(j) of the CAA shall be considered
a regulated air pollutant for all sources or source categories: (a) upon
promulgation of the standard or requirement, or (b) 18 months after the
standard or requirement was scheduled to be promulgated pursuant to Section
112(e)(3) of the CAA.
c. Any HAP subject to a District case-by-case emissions limitation determination
for a new or modified source, prior to EPA promulgation or scheduled promulgation
of an emissions limitation, shall be considered a regulated air pollutant
when the determination is made pursuant to Section 112(g)(2) of the CAA
and its implementing regulations. In case-by-case emissions limitation
determinations, the HAP shall be considered a regulated air pollutant
only for the individual source for which the emission limitation determination
was made.
"Responsible Official" means one of the following:
1. For a corporation: a president, secretary, treasurer, or vice president
of the corporation in charge of a principal business function, or any
other person who performs similar policy or decision making functions
for the corporation, a duly authorized representative of such person if
the representative is responsible for the overall operation of one or
more manufacturing, production, or operating facilities applying or subject
to a Part 70 permit and either:
a. The facilities employ more than 250 persons or have gross annual sales
or expenditures exceeding $25,000,000 (in second quarter 1980 dollars);
or
b. The delegation of authority to such representatives is approved in
advance by the District.
2. For a partnership or sole proprietorship; a general partner or the
proprietor, respectively.
3. For a municipality, state, federal or other public agency: either a
principal executive officer or ranking elected official. For the purposes
of this rule, a principal executive officer of a federal agency includes
the chief executive officer having responsibility for the overall operations
of a principal geographic unit of the agency.
4. For acid rain sources:
a. The designated representative in so far as actions, standards, requirements,
or prohibitions under Title IV of the federal CAA or 40 CFR 72 are concerned;
or
b. The designated representative for any other purposes under Rules 1301
through 1305.
"Significant Part 70 Permit Action" means the:
1. Issuance of an initial Part 70 permit, or
2. Renewal of a Part 70 permit, or
3. Reissuance of a Part 70 permit after reopening and modification/revocation
of the permit, or
4. Modification of a Part 70 permit, except an administrative permit amendment,
a minor permit modification or a non-federal minor permit change.
"Significant Part 70 Permit Modification" means any of
the following:
1. Any modification to a Part 70 permit that is not an administrative
amendment, a minor permit modification or a non-federal minor permit change
as these terms are defined herein;
2. A Part 70 permit modification allowing a net emissions increase from
a Part 70 source that equals or exceeds any of the threshold limits triggering
public review, listed in the District's NSR Rules 205.C.5.b.1)a)(2)(c)
and 205.C.5.c.6)
3. A Part 70 permit modification allowing a net emissions increase of
any other regulated air pollutant from any Part 70 source that equals
or exceeds the significance (or de minimis) level for the pollutant listed
by the USEPA, e.g., 40 CFR 52.21 or Federal Register rulemaking promulgation
pursuant to Section 112(g) of the CAA.
4. Any significant changes in existing monitoring permit terms or conditions;
5. Any relaxation of recordkeeping or reporting permit terms and conditions;
and,
6. Any equivalent or identical replacement of an emissions unit that is
subject to standards promulgated under CAA, Sections 111 or 112.
"State Implementation Plan (SIP)" means the USEPA-approved
plan submitted by each State under 42 U.S.C., Section 7401, et seq.
(federal CAA and its implementing regulations) to achieve and maintain
federal ambient air quality standards (NAAQS).
"Stationary Source" means any building, structure, facility,
or installation which emits or may emit any regulated air pollutant or
any pollutant listed under Section 112(b) of the Act. For air pollutants
regulated under Title I of the Act, stationary source shall not include
military tactical support equipment, infrastructure maintenance equipment,
or building maintenance equipment at a Department of Defense facility
if the stationary source responsible official submits a plan to the Control
Officer for review and approval. The Control Officer will approve the
plan if it provides or the following:
1. achieves a reduction in actual annual emission at the stationary source
of 10 tons or more of ozone precursor emissions by August 15, 2002; based
on the inventory submitted by the responsible official and approved by
the Control Officer;
2. commits the source to enter into a Final Project Agreement with the
Control Officer and the Environmental Protection Agency which commits
the Department of Defense to the emission reductions and emission limits
specified in paragraphs 1 and 2, above; and
3. is made federally enforceable by USEPA within one year after approval
of the plan by the Control Officer.
The Control Officer may extend the time for implementation of paragraph
3, above, for good cause.
Any violation of the terms and conditions of a plan approved by the Control
Officer shall constitute a violation of District Rules and Regulations.
"Building, structure or facility" as referred to in the
stationary source definition includes all pollutant emitting activities,
including activities located in California coastal waters adjacent to
the South Central Coast Air Basin boundaries and those areas of Outer
Continental Shelf waters for which the District is the corresponding onshore
area which:
1. belong to the same industrial grouping, and
2. are located on one or more contiguous or adjacent properties (except
for activities located in California coastal waters or are on the Outer
Continental Shelf), and
3. are under the same or common ownership, operation, or control or which
are owned or operated by entities which are under common control.
Pollutant emitting activities shall be considered as part of the same
industrial grouping if they are part of a common production process. (Common
production process includes industrial processes, manufacturing processes,
and any connected processes involving a common raw material.)
"Common operations" include operations which are related
through dependent processes, storage or transportation of the same or
similar products or raw material. The emissions from all cargo carriers
(excluding vehicles) including marine vessels which load or unload at
the stationary source shall be considered emissions from the stationary
source while operating within:
1. the air basin, including California Coastal Waters adjacent to the
air basin;
2. the Outer Continental Shelf for which the District is the corresponding
onshore area; and
3. 25 miles of an Outer Continental Shelf source for which the District
is the corresponding onshore area.
"Building Maintenance Equipment" as referred to in the
stationary source definition means internal combustion engines used exclusively
at a Department of Defense facility for the maintenance of buildings that
meet the definition of "nonroad engine," and are exempt from
permit under Regulation II.
"Infrastructure Maintenance Equipment" as referred to
in the stationary source definition means internal combustion engines
used exclusively at a Department of Defense facility to maintain roads
and public service utilities that meet the definition of "nonroad
engine" and are exempt from permit under Regulation II.
"Installation" as referred to in the stationary source
definition includes any operating, article, machine, equipment, contrivance
or grouping of equipment belonging to the same two-digit standard industrial
classification code, which emits or may emit any regulated pollutant or
HAP, and are located on one or more contiguous properties and under common
control.
"Military Tactical Support Equipment" as referred to
in the stationary source definition means a portable internal combustion
engine that meets the definition of "nonroad engine" that is
built to military specifications, owned by the U.S. Department of Defense,
and/or the U.S. military services, and is used in combat, combat support,
combat service support, tactical or relief operations, or training for
such operations. Examples include, but are not limited to, engineers associated
with portable generators, aircraft start carts, heaters, and lighting
carts.
"Nonroad Engines" as used in the definitions of "Building
Maintenance Equipment," "Infrastructure Maintenance Equipment"
and "Military Tactical Support equipment," mean any internal
combustion engine:
1. in or on a piece of equipment that is self propelled or serves a dual
purpose by both propelling itself and performing another function; or
2. in or on a piece of equipment that is intended to be propelled while
performing its function, or
3. that, by itself or in or on a piece of equipment, is portable or transportable,
meaning designed to be and capable of being carried or moved from one
location to another. Indications of transportability include, but are
not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.
An internal combustion engine is not a nonroad engine if:
1. the engine is regulated by a federal New Source Performance Standard
promulgated under section 111 of the federal Clean Air Act, or
2. the engine otherwise included in paragraph 3 above and remains or will
remain at a location for more than 12 consecutive months or a shorter
period of time for an engine located at a seasonal source. A location
is any single site at a building, structure, facility, or installation.
Any engine (or engines) that replaces an engine at a location and that
is intended to perform the same or similar function as the engine replaced
will be included in calculating the consecutive time period. An engine
located at a seasonal source is an engine that remains at a seasonal source
during the full annual operating period of the seasonal source. A seasonal
source is a stationary source that remains in a single location on a permanent
basis (that is, at least two years) and that operates at that single location
approximately three months (or more) each year. This paragraph does not
apply to an engine after the engine is removed from the location."
As applied to an attainment pollutant, "stationary source" shall
be interpreted to mean facility-wide. The term "installation"
shall have the same meaning as "building, structure, or facility."
"Title I (or Major) Modification" means a modification
that meets any of the following criteria:
1. The potential to emit from any new or modified emissions unit(s) at
the major stationary source which are covered by the application(s) for
such permit modification(s) plus all other net emissions increases at
the source which occurred during the specified contemporaneous evaluation
period listed below, are equal to or greater than the limits in Table
1301-A.
Table 1301-A
Particulate Matter (PM10) 15.0 tons/yr
Sulfur Oxides (SOx) 40.0 tons/yr
Carbon Monoxide 100.0 tons/yr
VOC 40.0 tons/yr
Nitrogen Oxides (NOx) 40.0 tons/yr
Lead 0.6 ton/yr
2. The potential to emit any regulated hazardous air pollutant (HAP) from
any new or modified emission unit(s) at the Part 70 source which are covered
by the application(s) for such permit modification(s) plus all other net
emissions increase at the source which occurred during the specified contemporaneous
period would be equal to or greater than the de minimis level for such
regulated HAP specified by USEPA rulemaking pursuant to Section 112(g)
of the federal CAA.
3. For the purpose of defining Title I modification, the specified contemporaneous
evaluation period to compute emissions increase shall consist of a period
of five (5) consecutive calendar years, ending with the calendar year
during which the complete application for such proposed change is submitted
to the District. For computing Title I emission decreases, the period
shall expand and extend further to the date on which operation begins
for the proposed modified emissions unit.
D. Requirements
All Part 70 source permits and permit applications for issuance, amendments,
modifications and renewals shall be drafted based on the definitions listed
in this Rule along with the provisions listed in Regulation XIII.
A person shall operate all equipment and emission units located at a Part
70 source in compliance with all terms, applicable requirements and conditions
specified in the Part 70 permit at all times. Any noncompliance with a
Part 70 permit term, requirement or condition is a violation of Regulation
XIII. Additionally, any noncompliance with a federally enforceable requirement
or resultant permit term or condition constitutes a violation of the federal
CAA and its implementing regulations. Each day during any portion of which
a violation occurs is a separate offense. Any Part 70 permit noncompliance
shall be grounds for appropriate enforcement action under the California
Health & Safety Code and/or the federal CAA and its implementing regulations.
E. Compliance Schedule
Provisions of this Rule become effective on the date this Rule is approved
by the USEPA. All Part 70 sources subject to this Rule, except the outer
continental shelf (OCS) sources, shall comply with this Rule effective
that date. All OCS sources shall comply with this rule either on the USEPA's
approval date for this rule or on the date USEPA delegates the OCS program
to the District, whichever is later.
F. Effective Date of Rule
The requirements of this rule shall become effective on the date of approval
of this rule by the USEPA.