Section 5140.7 - Permit Content and Air Permitting Authority or Agency RequirementsThe requirements of this section apply to any stationary source subject to Section 5050.4(a)(1) of this chapter and Part 70 or 71 of Title 40 of CFR.
(a) The Part 70 or 71 of Title 40 of CFR permit for the stationary source shall contain: (1) A statement listing Part 68 of Title 40 of CFR as an applicable requirement;(2) Conditions that require the source owner or operator to submit: (A) A compliance schedule for meeting the requirements of this chapter by the date provided in Section 5050.4(a)(1), or,(B) As part of the compliance certification submitted under Section of Title 4070.6(c)(5) of Title 40 of CFR, a certification statement that the source is in compliance with all requirements of this chapter, including the registration and submission of the RMP.(b) The owner or operator shall submit any additional relevant information requested by the UPA, Agency or the appropriate APCD or AQMD.(c) For Part 70 or 71 of Title 40 of CFR permits issued prior to the deadline for registering and submitting the RMP and which do not contain permit conditions described in section (a), the owner or operator or the appropriate APCD or AQMD shall initiate permit revision or reopening according to the procedures of Part 70.7 or 71.7 of Title 40 of CFR to incorporate the terms and conditions consistent with section (a).(d) The appropriate APCD or AQMD shall, at a minimum: (1) Verify from the UPA that the source owner or operator has registered and submitted an RMP or a revised plan when required by this chapter;(2) Verify from the UPA that the source owner or operator has submitted a source certification or in its absence has submitted a compliance schedule consistent with section (a)(2); and,(3) Initiate enforcement action based on sections (d)(1) and (d)(2) as appropriate. The AQMD or APCD shall notify the UPA and the UPA shall notify Agency of enforcement actions taken pursuant to this chapter.(e) The fact that an owner or operator of a stationary source is subject to this chapter due to applicability under Section 5050.4(a)(2) shall not in itself subject the stationary source to the requirements of Part 70 or 71 of Title 40 of CFR.Cal. Code Regs. Tit. 19, § 5140.7
Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; Sections 25533(b), 25535(a) and 25540.5, Health and Safety Code; and Section 68.215, Part 68, Title 40, Code of Federal Regulations.
1. Change without regulatory effect renumbering section 2775.6 to new section 5140.7, including amendment of first paragraph and subsections (a)(2)(A), (b), (d)(3) and (e), filed 3-6-2024 (Register 2024, No. 10).