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)



(a) The Air Pollution Control Officer shall reopen and revise a permit to operate during the annual review period required by Health and Safety Code Section 42301(c), or petition the District hearing board to do so pursuant to Health and Safety Code Section 42307, 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 Air Pollution Control Officer shall act only on those parts of the permit for which cause to reopen exists.

[Reference: 40 CFR 70.7(f)(2)]

(b) 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 Air Pollution Control Officer 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 Clean Air Act to include:

(A) Oxides of nitrogen requirements prior to January 1, 1999, and

(B) Additional requirements promulgated pursuant to Title IV as they become applicable to any acid rain unit governed by the permit.

[Reference: 40 CFR 70.7(f)(1)]

(b) In processing a permit reopening, the Air Pollution Control Officer shall use the same procedures as for an initial permit and additionally:

(1) Provide written notice to a responsible official 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 to revise the permit as specified in the notice of reopening within 60 days after the written notice to the U.S. EPA pursuant to Rule 540(d), if the U.S. EPA does not object, or after the Air Pollution Control Officer has responded to U.S. EPA objection pursuant to Rule 545(b).

[Reference: 40 CFR 70.7(f)(2), (f)(3) and (g)(5)(i)]