Permit Regulation Changes

The Air District prepares and updates air quality plans to achieve state and national ambient air quality standards, comply with state and national air quality planning requirements, and maintain healthy air in the Bay Area.

On September 1, 2021, the Air District’s Board of Directors will hold a public meeting to consider adoption of a certification that the Air District’s nonattainment new source review permitting program meets the federal Clean Air Act requirements for the 2015 Ozone National Ambient Air Quality Standards.

The proposed certification, staff report, and public meeting notice are available for review:

• Proposed Certification of Compliance with 2015 NAAQS Nonattainment New Source Review Requirements(158 Kb PDF, 5 pgs, posted 7/22/2021)
• Air District Nonattainment New Source Review permitting program, which is set forth in Air District Regulation 2, Rule 1 (Permits–General Requirements), Regulation 2, Rule 2 (Permits–New Source Review), and Regulation 2, Rule 4 (Permits–Emissions Banking)
• Staff Report(72 Kb PDF, 2 pgs, revised 7/22/2021)
• Public Meeting Notice(129 Kb PDF, 1 pg, revised 7/22/2021)

Questions and comments on this proposed action may be submitted electronically to:

The deadline for comments on the proposed certification is Monday, August 30, 2021. Members of the public may also submit comments directly to the Board of Directors at the public meeting.

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.

The Air District’s Permitting Rules, Regulations 2-1, 2-2, 2-4 and 2-6, were adopted by the Board of Directors at a public hearing on December 6, 2018.

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.

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.

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:

• Regulation 2, Rule 1: General Requirements Rule (PDF)
• Regulation 2, Rule 2: New Source Review Rule (PDF)
• Regulation 2, Rule 6: Major Facility Review Rule (PDF) - Pending approval
• Regulation 2, Rule 4: Emissions Banking Rule (PDF)

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, entitled New Source Review Permitting Under Regulation 2, Rule 2: Introduction to Recent Regulatory Changes(4 Mb PDF, 115 pgs, posted 10/19/2016), and the Complex Permitting Handbook for BAAQMD New Source Review Permitting(3 Mb PDF, 208 pgs, posted 10/19/2016)¹ are 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

Public Hearing

Proposed Amendments and Documentation

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

Draft Environmental Impact Report

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

Proposed Amendments and Documentation

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

Documents

Public Workshop And Workgroup Meetings

Proposed Amendments and Documentation

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