REGULATION 5 -- Procedures for Issuing Permits to Operate for Sources Subject to Title V of the Federal Clean Air Act Amendments of 1990 [Reference: 40 CFR Parts 70.1,70.4,70.6(a)(6),70.7(a)(6) and 70.7(b)]

(Adopted December 10, 1993) (Amended November 21, 1994, May 18, 2001)



[Reference: 40 CFR 70.5]

When submitting an application for a permit pursuant to Regulation 5, the responsible official shall include the following information:

(a) Information identifying the source;

[Reference: 40 CFR 70.5(c)(1)]

(b) Description of processes and products (by Standard Industrial Classification Code) including any associated with proposed alternative operating scenarios;

[Reference: 40 CFR 70.5(c)(2)]

(c) A schematic diagram and plot plan of the stationary source, identifying each emissions unit and keyed to the listing of subsection (d).

(d) A listing and enumeration of all existing emissions units at the stationary source, keyed to the diagram and plot plan of subsection (c), and identification and description of all points of emissions from the emissions units in sufficient detail to establish the applicable federal requirements and the basis for fees pursuant to Regulation 1, Rules 300 and 310.

[Reference: 40 CFR 70.5(c)(3)(i)]

(e) Citation and description of all applicable federal requirements, information and calculations used to determine the applicability of such requirements and other information that may be necessary to implement and enforce such requirements;

[Reference: 40 CFR 70.5(c)(3)(vii) and (4)(i and ii)]

(f) Calculation of all emissions, including fugitive emissions, in tons per year and in such terms as are necessary to establish compliance with the all applicable District, state, or federal requirements for the following:

(1) All regulated air pollutants emitted from the source,

(2) Any hazardous air pollutant that the source has the potential to emit in quantities equal to or in excess of 10 tons per year, and

(3) If the source has the potential to emit two or more hazardous air pollutants in quantities equal to or in excess of 25 tons per year, all hazardous air pollutants emitted by the source;

[Reference: 40 CFR 70.5(c)(3)(i and viii)]

(g) As these affect emissions from the source, the identification of fuels, fuel use, raw materials, production rates, operating schedules, limitations on source operation or workplace practices;

[Reference: 40 CFR 70.5(c)(3)(iv and vi)]

(h) An identification and description of air pollution control equipment and compliance monitoring devices or activities;

[Reference: 40 CFR 70.5(c)(3)(v)]

(i) Other information required by an applicable federal requirement;

[Reference: 40 CFR 70.5(c)(3)(vii) and (5)]

(j) The information needed to define permit terms or conditions implementing a source's options for operational flexibility, including alternative operating scenarios, pursuant to subsection Rule 580;

[Reference: 40 CFR 70.5(c)(7)]

(k) A compliance plan and compliance schedule with the following:

(1) A description of the compliance status of each emissions unit within the stationary source with respect to applicable federal requirements;

(2) A statement that the source will continue to comply with such other applicable federal requirements that the source is already in compliance with;

(3) A statement that the source will comply, on a timely basis, with applicable federal requirements that will become effective during the permit term; and

(4) A description of how the source will achieve compliance with requirements for which the source is not in compliance;

[Reference: 40 CFR 70.5(c)(8)]

(l) For a source not in compliance with an applicable federal requirement at the time of permit issuance, renewal, or modification (if the non-compliance is with units being modified), a schedule of compliance which resembles and is at least as stringent as that contained in any judicial consent decree, administrative order, or schedule approved by the District hearing board if required by state law and which identifies remedial measures with specific increments of progress, a final compliance date, testing and monitoring methods, recordkeeping requirements, and a schedule for submission of certified progress reports to the U.S EPA and the Air Pollution Control Officer at least every 6 months;

[Reference: 40 CFR 70.5(c)(8)(iii)(C)]

(m) A certification by a responsible official of all reports and other documents submitted for permit application, compliance progress reports at least every 6 months, statements on compliance status with any applicable enhanced monitoring, and compliance plans at least annually which shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete;

[Reference: 40 CFR 70.5(c)(9) and (d)]

(n) For a source with an acid rain unit, an application shall include the elements required by 40 CFR Part 72;

[Reference: 40 CFR 70.5(c)(10)]

(o) For a source of hazardous air pollutants required to submit a risk management plan pursuant to section 112(r) of the Clean Air Act, the application shall include verification that such a plan has been submitted to the authorized implementing agency, or a compliance schedule for the submittal of the plan; and

(p) For proposed portable sources, the application shall identify all locations of potential operation and how the source will comply with all applicable District, state, and federal requirements at each location.

[Reference: 40 CFR 70.6(e)]

(q) Identification of fees specified in Regulation 1, Rules 300 and 310;

(r) Activities identified as insignificant in Attachment 1 of Regulation 5 based upon size and production rate shall be listed in the permit application. An application may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required pursuant to Regulation 1, Rules 300 and 310. [Reference: 40 CFR Part 70.5(c)]"

[Reference: 40 CFR 70.6(a)(7)]