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 70.6]


A permit to operate issued pursuant to Regulation 5 shall contain conditions or terms consistent with 40 CFR Part 70.6, Permit Content, including:

(a) Equipment Identification

The permit shall identify the equipment to which a permit condition applies.

(b) Emission and Operational Limitations

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

[Reference: 40 CFR 70.6(a)(1)]

(c) Preconstruction Permit Requirements

The permit shall include all of the preconstruction permit conditions for each emissions unit. The permit shall clearly identify those permit conditions which are federally enforceable and those which are not.

(d) Origin and Authority for Permit Conditions

The permit shall identify the origin and authority for each permit term or condition.

[Reference: 40 CFR 70.6(a)(1)(i)]

(e) Right of Entry

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.

[Reference: 40 CFR 70.6(c)(2)]

(f) Determination of Compliance

The permit shall specify the monitoring methods or other methods (e.g. air quality modeling) approved by the Air Pollution Control Officer, that will be used to demonstrate compliance with each applicable District, state and federal requirements. For portable sources, this must be done for each site at which the source will be permitted to operate.

(g) Compliance with Permit Conditions

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) Violation of any permit condition is grounds for enforcement action by the District, including monetary civil penalties, permit termination, revocation and reissuance of the permit, permit modification, or denial of permit renewal;

(4) The "need to halt or reduce a permitted activity in order to maintain compliance" shall not constitute a defense for non-compliance with any permit condition;

(5) A pending permit action or notification of anticipated non-compliance does not stay any permit condition; and

(6) Within a reasonable time period, the permittee shall furnish any information requested by the Air Pollution Control Officer, in writing, for the purpose of determining compliance with the permit, or whether or not cause exists for a permit action or enforcement.

[Reference: 40 CFR 70.6(a)(6)]

(g) Severability

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.

[Reference: 40 CFR 70.6(b)(5)]