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NOTICE TO COMPLY

The Notice to Comply is used to help facilities achieve compliance with AQMD’s procedural rules and regulations. A Notice to Comply is issued to a facility:

• When it is observed to be operating out of compliance with a procedural rule. A procedural rule is a rule which requires a specified action but does not involve direct air contaminant emissions to the atmosphere.
• When AQMD requests the facility to supply information concerning its operation. Information is defined as data, records, photographs, analyses, plans, or specifications which will disclose the nature, extent, quantity, or degree of air contaminants which are, or may be, discharged by the source for which the permit was issued or applied.

AQMD’s goal is to be consistent and fair to all sources in its application of the Notice to Comply. To ensure that this goal is met, specific guidelines have been developed to distinguish criteria for issuing a Notice to Comply vs. a Notice of Violation for failure to comply with AQMD rule requirements governing permits and record keeping, as well as those associated with prohibitory and source-specific rules. A Notice to Comply will not be issued in situations where these guidelines require a Notice of Violation.

Compliance requirements

When an AQMD Inspector issues a Notice to Comply, the facility owner or operator is allowed a minimum of three (3) and a maximum of fourteen (14) calendar days to comply with procedural rules or requests for information, depending on the type of operation and urgency of the situation. Time allowances may be modified under extenuating circumstances for bringing sources into compliance.

Failure to comply with procedural rules

A Notice of Violation will be issued to a person who fails to comply with a procedural rule by the date specified on the Notice to Comply.

Failure to comply with requests for information

An "Intent to Suspend Permit" letter will be sent to any person who fails to comply by the due date with the Notice to Comply request for information under California Health and Safety Code Section 42303.

Record requests

AQMD frequently requests records from facilities to determine rule and permit compliance, especially for coating and solvent regulations. Record keeping requirements are specified in many AQMD rules and permit conditions. When the requirements exists and the records are not made available upon request, AQMD must initiate enforcement action with a Notice to Comply.

Field inspection staff cite one of the following three sources when issuing Notices to Comply for the purposes of obtaining records:

• AQMD’s Rule [example: 1107(I), 1124(I), 1145(g)].
• Rule 203 and the conditions stipulated on the Permit to Operate.
• California Health and Safety Code Section 42303, which authorizes the Executive Officer to request information for permitted equipment.

Permit suspension process

If a permit holder willfully fails or refuses to furnish the information, analysis, plans, or specifications requested by field inspection staff, AQMD may suspend that person’s permit under Sections 42304, 42307, and 42309 of the California Health and Safety Code.

Follow-up on suspended permits

If the facility owner or operator does not respond by the effective suspension date, field inspection staff will follow up after expiration of the permit to determine if the facility is operating with a suspended permit. If it is, field inspection staff will issue a Notice of Violation for operating in violation of Rule 203.

Permit reinstatement

When the "Intent to Suspend permit" letter generates the requested records from the permittee, AQMD will send the permittee a "Reinstatement of Permit" letter.

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