NORTHERN SIERRA AIR QUALITY MANAGEMENT DISTRICT
RULE 526 - LIMITING POTENTIAL TO EMIT
(Adopted: January 10, 1996)
|PURPOSE AND GENERAL REQUIREMENTS
ALTERNATIVE OPERATING LIMIT AND REQUIREMENTS
LIMITING POTENTIAL TO EMIT
The purpose of this rule is to eliminate the need for certain stationary sources to obtain a Title V operating permit pursuant to District Rule 522 - TITLE V - FEDERAL OPERATING PERMIT PROGRAM. Stationary sources subject to this rule are those whose actual emissions are less than or equal to 50% of those of a major stationary source, but whose potential emissions are equal to or greater than the major stationary source thresholds. These stationary sources must comply with emissions limitations set in this rule or apply for and receive a federal operating permit pursuant to Rule 522.
General Applicability: This rule shall apply to any stationary source which would, if it did not comply with the limitations set forth in this rule, have the potential to emit air contaminants equal to or in excess of the threshold for a major source of regulated air pollutants or a major source of hazardous air pollutants (HAPs) and which meets one of the following conditions:
|2.2||Provision for Air Pollution Control Equipment: The owner or operator of a stationary source may take into account the operation of air pollution control equipment on the capacity of the source to emit an air contaminant if the equipment is required by Federal, State, or District rules and regulations or permit terms and conditions. The owner or operator of the stationary source shall maintain and operate such air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. This provision shall not apply after January 1, 1999 unless such operational limitation is federally enforceable or unless the District Board specifically extends this provision and it is submitted to the U.S. EPA. Such extension shall be valid unless, and until, the U.S. EPA disapproves the extension of this provision.|
Exemption, Stationary Source Subject to Rule 522, Title V Federal Operating Permits: This rule shall not apply to the following stationary sources:
|2.4||Exemption, Stationary Source with a Limitation on Potential to Emit: this rule shall not apply to any stationary source which has a valid operating permit with federally-enforceable conditions or other federally-enforceable limits limiting its potential to emit to below the applicable threshold(s) for a major source as defined in sections 3.7 and 3.8 below.|
|2.5||Within three years of the effective date of Rule 522, Title V Federal Operating Permits, the District shall maintain and make available to the public upon request, for each stationary source subject to this rule, information identifying the provisions of this rule applicable to the source.|
|2.6||This rule shall not relieve any stationary source from complying with requirements pertaining to any otherwise applicable preconstruction permit, or to replace a condition or term of any preconstruction permit, or any provision of a preconstruction permitting program.(1) This does not preclude issuance of any preconstruction permit with conditions or terms necessary to ensure compliance with this rule.|
All terms shall retain the definitions provided under Rule 522, Title V Federal Operating Permits unless otherwise defined herein.
|3.1||12-month period: A period of twelve consecutive months determined on a rolling basis with a new 12-month period beginning on the first day of each calendar month.|
|3.2||Actual Emissions: The emissions of a regulated air pollutant from a stationary source for every 12-month period. Valid continuous emission monitoring data or source test data shall be preferentially used to determine actual emissions. In the absence of valid continuous emissions monitoring data or source test data, the basis for determining actual emissions shall be: throughputs of process materials; throughputs of materials stored; usage of materials; data provided in manufacturer's product specifications, material volatile organic compound (VOC) content reports or laboratory analyses; other information required by this rule and applicable District, State and Federal regulations; or information requested in writing by the District. All calculations of actual emissions shall use U.S. EPA, California Air Resources Board (CARB) or District approved methods, including emission factors and assumptions.|
|3.3||Alternative Operational Limit: A limit on a measurable parameter, such as hours of operation, throughput of materials, use of materials, or quantity of product, as specified in Section 7.0, Alternative Operational Limit and Requirements.|
|3.4||Emission Unit: Any article, machine, equipment, operation, contrivance or related groupings of such that may produce and/or emit any regulated air pollutant or hazardous air pollutant.|
|3.5||Federal Clean Air Act: The federal Clean Air Act (CAA) as amended in 1990 (42 U.S.C. section 7401 et seq.) and its implementing regulations.|
|3.6||Hazardous Air Pollutant: Any air pollutant listed pursuant to section 112(b) of the federal Clean Air Act.|
Major Source of Regulated Air Pollutants (excluding HAPs): A stationary that emits or has the potential to emit a regulated air pollutant (excluding HAPs) in quantities equal to or exceeding the lesser of any of the following thresholds:
Fugitive emissions of these pollutants shall be considered in calculating total emissions for stationary sources in accordance with 40 CFR Part 70.2 "Definitions- Major source(2)." Attainment status maps are available from the Air Resources Board or the Northern Sierra AQMD.
|3.8||Major Source of Hazardous Air Pollutants: A stationary source that emits or has the potential to emit 10 tons per year or more of a single HAP listed in section 112(b) of the CAA, 25 tons per year or more of any combination of HAPs, or such lesser quantity as the U.S. EPA may establish by rule. Fugitive emissions of HAPs shall be considered in calculating emissions for all stationary sources. The definition of a major source of radio nuclides shall be specified by rule by the U.S. EPA .|
|3.9||Part 70 Permit: An operating permit issued to a stationary source pursuant to an interim, partial or final Title V program approved by the U.S. EPA.|
|3.10||Potential to Emit: The maximum capacity of a stationary source to emit a regulated air pollutant based on its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation is federally enforceable.|
|3.11||Process Statement: An annual report on permitted emission units from an owner or operator of a stationary source certifying under penalty of perjury the following: throughputs of process materials; throughputs of materials stored; usage of materials; fuel usage; any available continuous emissions monitoring data; hours of operation; and any other information required by this rule or requested in writing by the District.|
Regulated Air Pollutant: The following air pollutants are regulated:
3 For example, federal PSD, NSR, and ATC
4 In some cases it may be appropriate to keep records on groups of emission units which are connected in series. Examples are internal combustion engines in the oil fields with a common fuel line, or a series of paint spray booths with a common feed.
Unless the owner or operator has chosen to operate the stationary source under an alternative operational limit specified in section 7.1 below, no stationary source subject to this rule shall emit in every 12-month period more than the following quantities of emissions:
|4.2||The APCO shall evaluate a stationary source's compliance with the emission limitations in section 4.1 above as part of the District's annual permit renewal process required by Health & Safety Code section 42301(e). In performing the evaluation, the APCO shall consider any annual process statement submitted pursuant to Section 6.0, Reporting Requirements. In the absence of valid continuous emission monitoring data or source test data, actual emissions shall be calculated using emissions factors approved by the U.S. EPA , CARB, or the APCO.|
|4.3||Unless the owner or operator has chosen to operate the stationary source under an alternative operational limit specified in section 7.1 below, the owner or operator of a stationary source subject to this rule shall obtain any necessary permits prior to commencing any physical or operational change or activity which will result in actual emissions that exceed the limits specified in section 4.1 above.|
Immediately after adoption of this rule, the owner or operator of a stationary source subject to this rule shall comply with any applicable recordkeeping requirements in this section. However, for a stationary source operating under an alternative operational limit, the owner or operator shall instead comply with the applicable recordkeeping and reporting requirements specified in Section 7.0, Alternative Operational Limit and Requirements.
The recordkeeping requirements of this rule shall not replace any recordkeeping requirement contained in an operating permit or in a District, State, or Federal rule or regulation.
The owner or operator of a stationary source subject to this rule shall keep and maintain records for each permitted emission unit or groups of permitted emission units(2) sufficient to determine actual emissions. Such information shall be summarized in a monthly log, maintained on site for five years, and be made available to District, CARB, or U.S. EPA staff upon request.
|6.1||At the time of annual renewal of a permit to operate under Rule 521, Annual Renewal, each owner or operator of a stationary source subject to this rule shall submit to the District a process statement. The statement shall be signed by the owner or operator and certify that the information provided is accurate and true.|
|6.2||Any additional information requested by the APCO under section 6.1 above shall be submitted to the APCO within 30 days of the date of request.|
|PART||7.0||ALTERNATIVE OPERATIONAL LIMIT AND REQUIREMENTS
The owner or operator may operate the permitted emission units at a stationary source subject to this rule under any one alternative operational limit, provided that at least 90 percent of the stationary source's emissions in every 12-month period are associated with the operation(s) limited by the alternative operational limit.
Upon choosing to operate a stationary source subject to this rule under any one alternative operational limit, the owner or operator shall operate the stationary source in compliance with the alternative operational limit and comply with the specified recordkeeping and reporting requirements.
|7.2||The owner or operator of a stationary source subject to this rule shall obtain any necessary permits prior to commencing any physical or operational change or activity which will result in an exceedance of an applicable operational limit specified in section 7.1 above.|
|8.1||Failure to comply with any of the applicable provisions of this rule shall constitute a violation of this rule. Each day during which a violation of this rule occurs is a separate offense.|
A stationary source subject to this rule shall be subject to applicable federal requirements for a major source, including Rule 522, Title V Federal Operating Permits when the conditions specified in either subsections A or B below, occur:
1For example, federal PSD, NSR, and ATC