MBARD rules and regulations may apply to various aspects of the wine-making process.  This may include the need to obtain one or more permits.  Emissions of ethanol, a volatile organic compound (VOC), occur during the fermentation and aging/storage operations in the wine-making process.  Regulated pollutants are also emitted directly from combustion-type equipment such as boilers, and engines powering generators, fire-pumps and water pumps.  Non-combustion equipment, such as wastewater treatment plants and laboratories are also a source of VOC emissions from a winery.

Who Needs a Permit?

• Pursuant to MBARD Rule 201, Section 4.10, Fermentation and Storage Tanks (including vats and barrels) at new or reconstructed wineries with an annual production rate equal to or greater than 150,000 gallons.
• Aging/Storage Operations Conducted Within Oak Barrels.
• Any stationary piston-type IC engines with a rating of 50 brake horsepower or greater require a permit to operate. For more information, click HERE.
• Portable engines that are registered under California Code of Regulations Title 13, Article 5, Sections 2450 through 2465 (Portable Equipment Registration Program - PERP) may be exempt from MBARD permits unless the engine is used with stationary equipment that requires an MBARD permit to operate, remains at one location for more than one year, or does not meet the requirements specified in the MBARD PERP Eligibility Policy at Stationary Sources. For more information, click HERE.
• Diesel engines utilized in agricultural operations with a rating of 50 brake horsepower or larger required to obtain a registration.  For more information, click HERE.
• Boilers, process heaters and steam generators with an aggregated rated heat input capacity of 2 million BTU per hour or greater when fired with natural gas or liquefied petroleum gas or any combination thereof. For more information, click HERE.
• Boilers, process heaters and steam generators with an aggregated rated heat input capacity of 250,000 BTU per hour or greater when fired on any other fuel than natural gas or liquefied petroleum gas. For more information, click HERE.
• Laboratory operations using fume hoods and bench-scale laboratory equipment that do not meet the exemption requirements in MBARD Rule 201, Section 4.21. For more information click HERE.

Submittal of Permit Applications

For new and modified equipment, MBARD Rule 200 requires any business or person to obtain an Authority to Construct and Permit to Operate before installing or operating new or modified equipment. We highly recommend you contact MBARD before purchasing or installing any new equipment. Permit applications and permit fees should be submitted together for new or modified equipment.

Permit Fees 

New Installations:  

Every applicant for an Authority to Construct a new fermentation and aging/storage tanks shall pay the NEW APPLICATION fee specified in Rule 300.

Modifications:

For modifications resulting in any physical change or change in method of operation shall pay the MODIFICATION fee specified in Rule 300.

Permit Application Completeness Determination

An application will not be accepted for processing until it is deemed complete. The following will be required in order for the Monterey Bay Air Resources District (MBARD) to make a completeness determination:

• Completed Form 1 ATC-PTO Application with the original signature of the owner/proprietor or responsible officer of the company.
• Submittal of fees outlined in Application Fee Determination Sheet, and in accordance with  Rule 300.

Submittal of one or more of the applicable Supplemental Information Forms:

• Wine Fermentation & Tank Storage Operations Supplemental Information Form
• Wine Oak Barrel Aging & Storage Operations Supplemental Information Form
• Winery Emission Calculation Spreadsheet
• For equipment other than fermentation and aging/storage operations,  please go to this page to find equipment specific information.

Best Available Control Technology (BACT) for Fermentation & Aging/Storage Operations

Per Section 5.2 of Rule 207, BACT shall be required for any new or modified permit unit with a potential to emit 25 lbs/day or more of VOCs, or the total VOC emissions from all permit units at the winery station source which has a potential to emit 150 lbs/day or greater. If triggered, the winery is subject to a BACT analysis, and may be required to install BACT.

For closed-top fermentation tanks ≤ 30,000 gallons, BACT has been deemed to meet one of the following control technologies:

Offsets

Offsets are an emissions reduction necessary to mitigate an emissions increase of an affected pollutant and are required from a new or modified stationary source that has the potential to emit greater than or equal to the 137 lbs/day of VOCs. A stationary source may be exempt from offsets if the facility’s actual emissions are less than 10 tons/year.

Documents/Forms

Advisory and Other Related Forms

Permit Application Forms

Related Rules

MBARD Rules

Rule 200 PERMITS REQUIRED

Rule 201 SOURCES NOT REQUIRING PERMITS

Rule 207 REVIEW OF NEW OR MODIFIED SOURCES

Rule 221 FEDERAL PREVENTION OF SIGNIFICANT DETERIORATION

Rule 222 FEDERAL MINOR SOURCES REVIEW

Rule 300 DISTRICT FEES

Rule 400 VISIBLE EMISSIONS

Rule 402 NUISANCES

Rule 403 PARTICULAR MATTER

Rule 404 SULFUR COMPOUNDS AND NITROGEN OXIDES

Rule 412 SULFUR CONTENT OF FUELS

Rule 413 REMOVAL OF SULFUR COMPOUNDS

Rule 436 TITLE V: GENERAL PROHIBITORY RULE

Rule 1000 PERMIT GUIDELINES AND REQUIREMENTS FOR SOURCES EMITTING TOXIC AIR CONTAMINANTS

State Rules

California Health and Safety Code, Section 42301.6, Public Notice For Possible Source Of Air Hazardous Emissions Near School Prior To Approving Permit

California Health and Safety Code, Section 42301.6, Public Notice For Possible Source Of Air Hazardous Emissions Near School Prior To Approving Permit