(Adopted 11/09/1993)

A. Applicability

The provisions of this Rule shall apply to all Part 70 operating permits granted pursuant to Regulation XIII.

B. Exemptions

Exemptions do not apply to enforcement of Part 70 operating permits. Rule 1301 Section B describes sources which are exempt from the requirement to obtain Part 70 operating permits.

C. Definitions

For the purposes of this Rule, the definitions of Rule 1301 Section C shall apply.

D. Authority

The District has the authority pursuant to this Rule and H&SC Sections 41508, 41513 and 42400 - 42402 to address violations of Regulation XIII by Part 70 sources as follows:

E. Burden of Proof

The burden of proof and degree of knowledge or intent required for establishing violations under Section D.3 of this Rule shall be no greater than the burden of proof or degree of knowledge or intent required under the CAA.

F. Appropriateness of Penalties and Fines

A civil penalty or criminal fine assessed, sought, or agreed upon by the District under Section D.3 of this Rule shall be appropriate to the violation.

G. Variances

H. Compliance Schedule

All Part 70 sources subject to this rule, except the outer continental shelf (OCS) sources, shall comply with this rule on the date they become subject to the operating permit program as approved by the USEPA for the District. All OCS sources shall comply with this rule either on the USEPA's approval date of this rule or on the date USEPA delegates the OCS program to the District, whichever is later. Specific dates for compliance are provided in relevant sections of this rule.

I. Effective Date of Rule

The requirements of this rule shall become effective on the date of approval by USEPA.