August 11, 1995

South Coast Air Quality

Management District Board

This proposed Rule will implement Point X of the Business Clean Air Partnership Action Plan, which seeks to establish a level playing field for all businesses by encouraging companies operating without required air quality permits to become legal. As an incentive for these companies to comply, the rule would establish a one-time, 6-month amnesty period during which facilities that voluntarily apply for permits for existing equipment would not be subject to any late fees, civil or criminal penalties for having violated the requirement to have a permit.

The amnesty shall extend to violations of AQMD permitting rules (Rule 201 - Permit to Construct, and Rule 203 - Permit to Operate). All other AQMD, federal, and state permitting rules and regulations will still apply.

The amnesty is primarily intended for small to medium-sized businesses, rather than major sources which are more likely to be aware of the permitting requirements. Therefore, the amnesty would apply to any facility that emits less than 10 tons/year of any criteria pollutant and is not participating in the RECLAIM (NOx and SOx) program.

The amnesty would not apply to violations discovered by District inspectors during inspections initiated by the District. There is no intent to reduce the AQMD's inspection and compliance efforts during the amnesty period.

This proposed rule is exempt from CEQA because it will not affect emissions limitations, control requirements or other matters that have the potential to cause significant effects on the environment. [Title 14, California Code of Regulations, Sections 15002(k)(1) and 1506(6)(3)].

THEREFORE IT IS RECOMMENDED THAT YOUR BOARD

--Set a Public Hearing September 8, 1995 to Adopt Rule 310 -- Amnesty for Unpermitted Equipment.

Respectfully,

James M. Lents, Ph.D.

Executive Officer

Attachment

LVB:DM

(BL310e)

(Adoption date)

PROPOSED RULE 310. AMNESTY FOR UNPERMITTED EQUIPMENT

(a) Amnesty

The Executive Officer will not seek civil or criminal penalties for any violations of District Permit Rules 201 (Permit to Construct) or 203(a) (Permit to Operate) if the owner or operator applies for the necessary District permit(s) between September 8, 1995 and March 12, 1996, inclusive.

(b) Exemptions

(1) The amnesty provided by this rule shall not apply to the following:

(A) violations at facilities which reported annual emissions pursuant to rule 301 of 10 tons or more of any criteria pollutant for 1994,

(B) violations of Rules 201 and/or 203(a) discovered by the District as the result of an investigation initiated by the District,

(C) equipment at facilities subject to Regulation XX (NOx and SOx RECLAIM), and

(D) equipment for which construction or installation commenced after the date of adoption of this rule.

(c) Permitting Requirements

This rule shall not exempt any permit application from applicable District rules or state or federal laws pertaining to the issuance of permits, except that applications filed pursuant to (a) shall be exempt from late fees pursuant to Rule 301 (c)(1)(D).

(d) Term

This rule shall be in effect through March 12, 1996, on which date this rule is hereby repealed.

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