Air quality permits, like building permits and other business permits, are a part of doing business. The District grants two permits for non-vehicular sources of air contaminants. The Authority to Construct is issued before construction begins. The Permit to Operate allows continued operation after construction and a demonstration of compliance.
When Do I Need An Air Quality Permit?
State and federal law require permits for any operation or equipment that has the potential to emit, reduce, control, or eliminate the emissions of air contaminants. Permits are required:
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Before construction begins for a new operation;
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Before any modification to permitted equipment; or
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Before equipment is moved or relocated.
An Authority to Construct and Permit to Operate may be required for:
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All new or modified industrial plants, equipment, processes or operations
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Commercial uses, such as dry cleaners, gasoline stations, auto body shops.
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Major indirect sources of air pollution (large commercial or residential developments)
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Large non-agricultural grading operations.
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Activities which release air toxics into the atmosphere
Why Do I Need An Air Quality Permit?
The District issues permits to ensure that all equipment and processes comply with federal, state, and District rules. Before any activity which may release air pollutants occurs, the operator must obtain a permit from the District (California Health and Safety Code, Section 42300 et seq.)
Issuing permits allows the District to work with businesses to ensure that their operations comply with applicable state, federal and District rules and allows the district to identify possible problems before they impact the public and/or the operation of a business.
How do I apply for an air quality Permit?
Please find the air quality permit on our forms page HERE.
What fees are charged?
The District charges permit fees to cover the costs of reviewing applications, issuing permits and ensuring compliance. Different fees apply to different types of permits and equipment. These fees are described below:
Application Fee: This fee is based on the number, types, and sizes or capacities of proposed equipment. It covers the cost of technical review of the application, the post-construction inspection and issuance of a Permit to Operate. For complex projects the fees may be increased to cover the additional time necessary to evaluate the application, issue the permit, and the cost of outside contractors. The District sends out a bill for each application upon completion of the initial review.
Annual Permit Fee: This fee is based on the type of equipment, complexity and size of the facility’s operation. For most businesses, permits are reviewed every year and modified as necessary. A facility’s annual permit fee is determined from adopted fee schedules. This fee covers the permit review and compliance inspections.
Permit holders who don’t submit requested information or pay the annual renewal fee will have their Permits to Operate revoked. Operating without a permit is a violation of District rules and state law and involves serious penalties.
Contact the District for the current fee schedule.
Diesel engine exhaust has been identified as an air toxic.
Diesel fuel and used motor oil are hazardous materials.
Air Quality Permit Requirements Mendocino County Air Quality Management District
Diesel Engines
All Stationary and Portable engines over 50hp need permits
- Diesel engine exhaust has been identified as an air toxic.
- Diesel fuel and used motor oil are hazardous materials.
- Mobile equipment that moves under its own power does not need a permit – but auxiliary engines over 50HP do need permits.
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A stationary engine stays at a fixed location for 12 months at a time, or is regularly operated as part of an existing permitted facility.
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A portable engine is one that moves to multiple locations and is never in one location for more than 12 months.
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Portable equipment may be registered with the State of California Air Resources Board – however this equipment CANNOT be used at a fixed location for more than 12 months.
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An engine cannot be moved or replaced to avoid permit requirements.
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Engines used for “residential" or Farming purposes are NOT exempt from permit requirements.
- Penalties for failure to obtain a permit can be very expensive ($1,000 or more per day) and may result in jail time.
Fuel and Waste oil handling and storage
Mendocino County Division of Environmental Health
A facility that handles a hazardous material or a mixture containing a hazardous material in a quantity equal to or greater than 55 gallons, 500 pounds or 200 cubic feet at any one time during the year must prepare and implement a management plan.
Design, construction, and monitoring requirements for underground storage tanks are prescribed in the California Code of Regulations, Title 23. The Mendocino County Division of Environmental Health acting as the local CUPA is responsible for compliance and administration.
The Aboveground Petroleum Storage Act, Assembly Bill 1130, took effect on January 1, 2008. It requires the owner or operator of a tank facility with an aggregate storage capacity of equal to or greater 1,320 gallons of petroleum to prepare and implement a Spill Prevention Control and Countermeasure (SPCC) Plan.
Used motor oil must be recycled. It pollutes the environment if it is dumped down the sewer, on the ground, or in the trash. Oil can be recycled at all 12 solid waste disposal facilities located in Mendocino County. Commercial recycling is provided by licensed hazardous waste transporters.
Do I need a permit to use my engine?
All Stationary and Portable engines over 50hp need permits.
Mobile equipment that moves under its own power does not need a permit – but auxiliary engines over 50HP do need permits.
What should I know prior to purchasing an engine?
If the engine is over 50hp and does not meet the current ATCM requirements, the engine could be banned from the state of California.
What is a stationary engine?
A stationary engine stays at a fixed location for 12 months at a time, or is regularly operated as part of an existing permitted facility.
What is a portable engine?
A portable engine is one that moves to multiple locations and is never in one location for more than 12 months.
Portable equipment may be registered with the State of California Air Resources Board – however this equipment CANNOT be used at a fixed location for more than 12 months.
An engine cannot be moved or replaced to avoid permit requirements.
Engines used for “residential" or Farming purposes are NOT exempt from permit requirements.
Penalties for failure to obtain a permit can be very expensive ($1,000 or more per day) and may result in jail time.
Contact Mendocino County Air Quality for more information.
Useful links:
www.mendorecycle.org
Stationary
Stationary rules and regulations are found in the State of California's Airborne Toxic Control Measure (ATCM) for Stationary Compression Ignition Engines. This ATCM, which applies to stationary diesel engines used in both non-agricultural and agricultural operations is resulting in a reduction in the emissions of and exposure to diesel PM from stationary diesel engines throughout California.
The Air Resources Board ATCM:
http://www.arb.ca.gov/diesel/statportreg.htm
http://www.arb.ca.gov/diesel/statporthome.htm
Portable
All portable engines having a maximum rated horsepower of 50 bhp and greater and fueled with diesel are subject to this regulation.
A portable engine is one that moves to multiple locations and is never in one location for more than 12 months.
Portable equipment may be registered with the State of California Air Resources Board – however this equipment CANNOT be used at a fixed location for more than 12 months.
What's Portable: "means designed and capable of being carried or moved from one location to another. Indicia of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of this regulation, dredge engines on a boat or barge are considered portable.
The engine is not portable if:
(A) the engine or its replacement is attached to a foundation, or if not so attached, will reside at the same location for more than 12 consecutive months. The period during which the engine is maintained at a storage facility shall be excluded from the residency time determination. Any engine, such as a back-up or stand-by engine, that replace engine(s) at a location, and is intended to perform the same or similar function as the engine(s)being replaced, will be included in calculating the consecutive time period. In that case, the cumulative time of all engine(s), including the time between the removal of the original engine(s)and installation of the replacement engine(s), will be counted toward the consecutive time period; or
(B) the engine remains or will reside at a location for less than 12 consecutive months if the engine is located at a seasonal source and operates during the full annual operating period of the seasonal source, where a seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location at least three months each year; or
(C) the engine is moved from one location to another in an attempt to circumvent the portable residence time requirements.
Portable Engine Resources:
Portable Diesel Engines Information (PDF)
Statewide Portable Equipment Registration Program (PERP)