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Permit Regulation Changes

Updated 10/12/2017

Learn about the Air District’s Permits Regulation and proposed changes to selected rules under this regulation.

The Permits Regulation describes the requirements for permits issued by the Air District. These permitting programs protect public health by limiting air pollutants such as precursor organic compounds (POC), non-precursor organic compounds (NPOC), particulate matter (PM), nitrogen dioxide (NO2), carbon monoxide (CO), sulfur dioxide (SO2), lead (Pb), toxic air contaminants, and greenhouse gases.

Updated 10/12/2017

Public Hearing on Proposed Changes to the Permits Regulation - NOTE REVISED PROPOSAL AND NEW DECEMBER 6, 2017, PUBLIC HEARING DATE

The Air District is proposing revisions to Regulations 2-1, 2-2, 2-4, and 2-6. The proposed revisions affect two Air District permitting programs:

  • The "New Source Review" or NSR, program, which requires permits and stringent emission control requirements for the installation or modification of stationary air pollution sources or equipment; and
  • The "Title V" program, which requires Major Facilities to obtain operating permits.

The proposed revisions include the following changes:

  • Revisions to the NSR program to address a number of specific "deficiencies" identified by U.S. EPA in its limited approval/disapproval of Regulations 2-1 and 2-2, published in the Federal Register on August 1, 2016, and in its proposed conditional approval of Regulation 2-4, published on September 14, 2017. These revisions are necessary to allow EPA to fully approve the Air District’s regulations under the Clean Air Act.
  • Certain other revisions identified by Air District staff to ensure that the regulations effectively implement the most recent amendments adopted in 2012; and
  • Changes to the Air District’s NSR and Title V regulations to make them consistent with U.S. Supreme Court’s ruling in Utility Air Regulatory Group v. EPA (134 S.Ct. 2427 (2014)), which interpreted several relevant provisions of the federal Clean Air Act regarding the Act’s NSR and Title V program requirements.

The Air District’s Board of Directors will hold a public hearing on Wednesday, December 6, 2017, commencing at 9:45 a.m., to consider adoption of the proposed amendments along with a Negative Declaration under the California Environmental Quality Act. Further information, including drafts of the proposed revisions and Negative Declaration and related documents, can be found at the links below.

The proposed amendments that will be considered on December 6, 2017, are a revised version of proposed amendments that the Air District published in August of 2017, which were originally scheduled to be considered by the Board of Directors on October 18, 2017.

The further revisions made since the August proposal was published include (i) minor revisions to the Air District’s emissions banking provisions in Regulation 2, Rule 4, to address certain deficiencies identified by EPA Region 9 on September 14, 2017; and (ii) additional revisions to the procedures by which the Air District makes its annual demonstration that the “offsets” requirements in the District’s NSR program are at least as stringent as what EPA’s federal regulations require. These further revisions are explained in more detail in the Staff Report and related documents (see links below).

The Air District will consider all comments received on the earlier version of the proposed amendments, in addition to comments on the current version. Members of the public do not need to re-submit any comments they submitted on the earlier version.

DateRegulationDocumentsComments DueContacttable-mobile-only-column
10/12/2017General Requirements, Effective 8/31/2016


Emissions Banking


New Source Review, Effective 8/31/2016


Major Facility Review
Public Hearing Notice - Proposed Amendments to Reg 2 - October 2017


Staff Report - Proposed Amendments to Reg 2 - October 2017


Proposed Amendments to Reg 2-1 - Clean Version


Proposed Amendments to Reg 2-1 - Redline Version


Proposed Amendments to Reg 2-2 - Clean Version


Proposed Amendments to Reg 2-2 - Redline Version


Proposed Amendments to Reg 2-4 - Clean Version


Proposed Amendments to Reg 2-4 - Redline Version


Proposed Amendments to Reg 2-6 - Clean Version


Proposed Amendments to Reg 2-6 - Redline Version


Response to Workshop Comments Proposed Amendments to Reg 2 October 2017


CEQA Initial Study - Reg 2 Amendments - October 2017


Proposed Negative Declaration - Reg 2 Amendments - October 2017


Socioeconomic Impact Analysis Proposed Amendments to Reg 2 October 2017
11/13/2017
  • Greg Stone
  • Supervising Air Quality Engineer, Engineering
  • 415.749.4745
10/12/2017
Regulation:
General Requirements, Effective 8/31/2016


Emissions Banking


New Source Review, Effective 8/31/2016


Major Facility Review
Documents:
Public Hearing Notice - Proposed Amendments to Reg 2 - October 2017


Staff Report - Proposed Amendments to Reg 2 - October 2017


Proposed Amendments to Reg 2-1 - Clean Version


Proposed Amendments to Reg 2-1 - Redline Version


Proposed Amendments to Reg 2-2 - Clean Version


Proposed Amendments to Reg 2-2 - Redline Version


Proposed Amendments to Reg 2-4 - Clean Version


Proposed Amendments to Reg 2-4 - Redline Version


Proposed Amendments to Reg 2-6 - Clean Version


Proposed Amendments to Reg 2-6 - Redline Version


Response to Workshop Comments Proposed Amendments to Reg 2 October 2017


CEQA Initial Study - Reg 2 Amendments - October 2017


Proposed Negative Declaration - Reg 2 Amendments - October 2017


Socioeconomic Impact Analysis Proposed Amendments to Reg 2 October 2017
Comments Due:
11/13/2017
Contact:
  • Greg Stone
  • Supervising Air Quality Engineer, Engineering
  • 415.749.4745

Public Workshops on Proposed Amendments

The Air District held three public workshops in June of 2017 to discuss the proposed amendments with interested members of the public. Information and documents from the public workshop process can be found at the links below.

An archive of the webcast of the Public Workshop on Draft Amendments to Permitting Rules held on June 12, 2017, is also available on the Air District's Open Air Forum web pages.

DateRegulationDocumentsComments DueContacttable-mobile-only-column
5/11/2017General Requirements, Effective 8/31/2016


New Source Review, Effective 8/31/2016


Major Facility Review
Workshop Notice


Draft Amendments to Rule 2-1


Draft Amendments to Rule 2-2


Draft Amendments to Rule 2-6


Workshop Report


Comments from 350 Bay Area


Comments from American Fuel & Petrochemical Manufacturers


Comments from Bay Area Clean Water Agencies


Comments from California Council for Environmental and Economic Balance


Comments from Chevron


Comments from Susan K. Gustofson, P.E.


Comments from Phillips 66


Comments from Tesoro Refining & Marketing Company LLC


Comments from Valero Refining Company


Comments from Western States Petroleum Association
6/26/2017
  • Greg Stone
  • Supervising Air Quality Engineer, Engineering
  • 415.749.4745
5/11/2017
Regulation:
General Requirements, Effective 8/31/2016


New Source Review, Effective 8/31/2016


Major Facility Review
Documents:
Workshop Notice


Draft Amendments to Rule 2-1


Draft Amendments to Rule 2-2


Draft Amendments to Rule 2-6


Workshop Report


Comments from 350 Bay Area


Comments from American Fuel & Petrochemical Manufacturers


Comments from Bay Area Clean Water Agencies


Comments from California Council for Environmental and Economic Balance


Comments from Chevron


Comments from Susan K. Gustofson, P.E.


Comments from Phillips 66


Comments from Tesoro Refining & Marketing Company LLC


Comments from Valero Refining Company


Comments from Western States Petroleum Association
Comments Due:
6/26/2017
Contact:
  • Greg Stone
  • Supervising Air Quality Engineer, Engineering
  • 415.749.4745

2012 Amendments to the Permits Regulation

In December 2012, the Air District Board of Directors adopted changes to the following rules. The U.S. EPA published limited approval/disapproval of Regulation 2, Rules 1 and 2, in the Federal Register on August 1, 2016.  These first two revised rules became effective in their entirety as of August 31, 2016. Regulation 2, Rule 6 is not effective until approved by the U.S. Environmental Protection Agency:

The U.S. EPA will publish a notice in the Federal Register when it approves the amendments to Regulation 2, Rule 6, along with the effective date.

The purpose of these changes is to:

  • Include new EPA requirements for particulate matter and greenhouse gases in New Source Review and Major Facility Review / Title V permit programs.
  • Help the Air District get a Prevention of Significant Deterioration permitting program, including new requirements for nitrogen oxides.
  • Increase clarity and usefulness of the Air District’s New Source Review and Major Facility Review / Title V permitting rules.
  • Apply new, stricter requirements for particulate matter and New Source Review permits.

New Source Review Handbook and Training

The Air District’s training presentation, entitledNew Source Review Permitting Under Regulation 2, Rule 2: Introduction to Recent Regulatory Changes, and theComplex Permitting Handbook for BAAQMD New Source Review Permitting1are designed to help applicants learn about important changes to the “New Source Review”permitting rules that came into effect on August 31, 2016. The training focuses on the more complex permitting issues that arise at major facilities such as power plants, petroleum refineries, chemical plants, factories, and other large industrial facilities.

An archive of the webcast of the Technical Workshop and Training Session on Revised New Source Review Rules held on September 30, 2016, is also available. 

Notes

  1. The Complex Permitting Handbook for BAAQMD New Source Review Permitting is copyright of the Bay Area Air Quality Management District – commercial reproduction or use of this handbook is prohibited without express written consent.

Documentation

The table below contains documents related to the Permits Regulation amendments, including draft amendments, draft reports, public notices, comments, and workshop materials.

Proposed Amendments to Regulation 2 - ADOPTED

DateDocumentstable-mobile-only-column
10/26/2012Response to Comments on Final Proposed Amendments


Comments from California Council for Environmental and Economic Balance


Comments from California Energy Commission


Comments from Calpine Corporation


Comments from Communities for a Better Environment


Comments from US Environmental Protection Agency


Comments from Pacific Gas & Electric


Comments from Valero Refinery


Comments from Western States Petroleum Association
10/26/2012
Documents:
Response to Comments on Final Proposed Amendments


Comments from California Council for Environmental and Economic Balance


Comments from California Energy Commission


Comments from Calpine Corporation


Comments from Communities for a Better Environment


Comments from US Environmental Protection Agency


Comments from Pacific Gas & Electric


Comments from Valero Refinery


Comments from Western States Petroleum Association

Public Hearing

 

DateNoticesDocumentstable-mobile-only-column
9/26/2012Notice of Public Hearing
Final Proposed Amendments to Reg. 2-1, Clean Copy


Final Proposed Amendments to Reg. 2-1, Redline


Final Proposed Amendments to Reg. 2-2, Clean Copy


Final Proposed Amendments to Reg. 2-2, Redline Version


Final Proposed Amendments to Reg. 2-4, Clean Copy


Final Proposed Amendments to Reg. 2-4, Redline Version


Final Proposed Amendments to Reg. 2-6, Clean Copy


Final Proposed Amendments to Reg. 2-6, Redline Version


Final Staff Report – September 26, 2012


CAA 110(l) Exemption Analysis
9/26/2012
Notices:
Notice of Public Hearing
Documents:
Final Proposed Amendments to Reg. 2-1, Clean Copy


Final Proposed Amendments to Reg. 2-1, Redline


Final Proposed Amendments to Reg. 2-2, Clean Copy


Final Proposed Amendments to Reg. 2-2, Redline Version


Final Proposed Amendments to Reg. 2-4, Clean Copy


Final Proposed Amendments to Reg. 2-4, Redline Version


Final Proposed Amendments to Reg. 2-6, Clean Copy


Final Proposed Amendments to Reg. 2-6, Redline Version


Final Staff Report – September 26, 2012


CAA 110(l) Exemption Analysis

Proposed Amendments and Documentation

After consideration of the comments received, the proposed rules and their supporting documentation were further amended.

Draft Environmental Impact Report

 

DateNoticesDocumentstable-mobile-only-column
9/6/2012Notice of Completion
Draft Environmental Impact Report - Table of Contents


Draft Environmental Impact Report - Chapter 1


Draft Environmental Impact Report - Chapter 2


Draft Environmental Impact Report - Chapter 3


Draft Environmental Impact Report - Chapter 4


Draft Environmental Impact Report - Chapter 5


Appendix A: Notice of Preparation and Initial Study


Notice of Preparation of Draft Environmental Impact Report


Initial Study for CEQA


Appendix B: Proposed Rule Amendments


Proposed Amendments to Regulation 2-1 (Clean Copy)


Proposed Amendements to Regulation 2-1 (Redline Copy)


Proposed Amendments to Regulation 2-2 (Clean Copy)


Proposed Amendments to Regulation 2-2 (Redline Copy)


Proposed Amendments to Regulation 2-4 (Clean Copy)


Proposed Amendments to Regulation 2-4 (Redline Copy)


Proposed Amendments to Regulation 2-6 (Clean Copy)


Proposed Amendments to Regulation 2-6 (Redline Copy)
9/6/2012
Notices:
Notice of Completion
Documents:
Draft Environmental Impact Report - Table of Contents


Draft Environmental Impact Report - Chapter 1


Draft Environmental Impact Report - Chapter 2


Draft Environmental Impact Report - Chapter 3


Draft Environmental Impact Report - Chapter 4


Draft Environmental Impact Report - Chapter 5


Appendix A: Notice of Preparation and Initial Study


Notice of Preparation of Draft Environmental Impact Report


Initial Study for CEQA


Appendix B: Proposed Rule Amendments


Proposed Amendments to Regulation 2-1 (Clean Copy)


Proposed Amendements to Regulation 2-1 (Redline Copy)


Proposed Amendments to Regulation 2-2 (Clean Copy)


Proposed Amendments to Regulation 2-2 (Redline Copy)


Proposed Amendments to Regulation 2-4 (Clean Copy)


Proposed Amendments to Regulation 2-4 (Redline Copy)


Proposed Amendments to Regulation 2-6 (Clean Copy)


Proposed Amendments to Regulation 2-6 (Redline Copy)

Proposed Amendments and Documentation

After consideration of the comments received, the proposed rules and their supporting documentation were further amended.

Public Workshop And Workgroup Meetings

 

DateNoticesDocumentstable-mobile-only-column
7/10/2012Power Point Slides - CEQA Scoping Meeting - July 10, 2012


Notice of Preparation of Draft Environmental Impact Report
Initial Study for CEQA
7/10/2012
Notices:
Documents:
Initial Study for CEQA

Proposed Amendments and Documentation

After consideration of the comments received, the proposed rules and their supporting documentation were further amended.

Documents

DateDocumentstable-mobile-only-column
3/2/2012Avogadro Comments


Citizens for a Better Environment Comments


- CBE Attachment 1


- CBE Attachment 2


- CBE Attachment 3


- CBE Attachment 4


- CBE Attachment 5


- CBE Attachment 6


California Council for Environmental and Economic Balance Comments


Lawrence Livermore National Laboratory Comments


Tesoro Refinery Comments


Valero Refinery Comments


Western States Petroleum Association Comments
3/2/2012
Documents:
Avogadro Comments


Citizens for a Better Environment Comments


- CBE Attachment 1


- CBE Attachment 2


- CBE Attachment 3


- CBE Attachment 4


- CBE Attachment 5


- CBE Attachment 6


California Council for Environmental and Economic Balance Comments


Lawrence Livermore National Laboratory Comments


Tesoro Refinery Comments


Valero Refinery Comments


Western States Petroleum Association Comments
3/22/2012Bay Area Environmental Health Collaborative Comments


Bay Localized Comments


California Council for Environmental and Economic Balance Comments


Calpine Corporation Comments


PG&E Comments


Shell Refinery Comments


United Airlines Comments


Western States Petroleum Association Comments
3/22/2012
Documents:
Bay Area Environmental Health Collaborative Comments


Bay Localized Comments


California Council for Environmental and Economic Balance Comments


Calpine Corporation Comments


PG&E Comments


Shell Refinery Comments


United Airlines Comments


Western States Petroleum Association Comments

Public Workshop And Workgroup Meetings

 

DateNoticesDocumentstable-mobile-only-column
2/22/2012Workshop Notice


Workshop Flyer
Workshop Report


Rule 2-1 Draft Amendments Summary


Rule 2-2 Draft Amendments Summary


Rule 2-4 Draft Amendments Summary


Rule 2-6 Draft Amendments Summary


Draft Amendments to Rule 2-1: Permits


Draft Amendments to Rule 2-2: New Source Review


Draft Amendments to Rule 2-2, Clean Version


Draft Amendments to Rule 2-4: Emissions Banking


Draft Amendments to Rule 2-6: Major Facility Review
2/22/2012
Notices:
Workshop Notice


Workshop Flyer
Documents:
Workshop Report


Rule 2-1 Draft Amendments Summary


Rule 2-2 Draft Amendments Summary


Rule 2-4 Draft Amendments Summary


Rule 2-6 Draft Amendments Summary


Draft Amendments to Rule 2-1: Permits


Draft Amendments to Rule 2-2: New Source Review


Draft Amendments to Rule 2-2, Clean Version


Draft Amendments to Rule 2-4: Emissions Banking


Draft Amendments to Rule 2-6: Major Facility Review
3/8/2012Technical Workgroup Meeting Notice
N/A
3/8/2012
Notices:
Technical Workgroup Meeting Notice
Documents:
N/A

Proposed Amendments and Documentation

After consideration of the comments received, the proposed rules and their supporting documentation were further amended.

 

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Last Updated: 10/12/2017