SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 260.14 - MODIFICATION
(Rev. Effective 8-7-80)

(a) Except as provided under Sections (e) and (f) of this rule, any physical or operational change to the existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies shall be considered a modification within the meaning of Section 111 of the Act. Upon modification, an existing facility shall become an affected facility for each pollutant to which a standard applies and for which there is an increase in the emission rate to the atmosphere.

(b) Emission rate shall be expressed as kg/hr of any pollutant discharged into the atmosphere for which a standard is applicable. The Control Officer shall use the following to determine emission rate:

  1. Emission factors as specified in the latest issue of "Compilation of Air Pollutant Emission Factors," EPA Publication No. AP-42, or other emission factors determined by the Control Officer to be superior to AP-42 emission factors, in cases where utilization of emission factors demonstrate that the emission level resulting from the physical or operational change will either clearly increase or clearly not increase.

  2. Material balances, continuous monitor data, or manual emission tests in cases where utilization of emission factors as referenced in Subsection (b)(1) of this rule does not demonstrate to the Control Officer's satisfaction whether the emission level resulting from the physical or operational change will either clearly increase or clearly not increase, or where an owner or operator demonstrates to the Control Officer's satisfaction that there are reasonable grounds to dispute the result obtained by the Control Officer utilizing emission factors as referenced in Subsection (b)(1) of this rule. When the emission rate is based on results from manual emission tests or continuous monitoring systems, the procedures specified in Appendix C to 40 CFR Part 60 shall be used to determine whether an increase in emission rate has occurred. Tests shall be conducted under such conditions as the Control Officer shall specify to the owner or operator based on representative performance of the facility. At least three valid test runs must be conducted before and at least three after the physical or operational change. All operating parameters which may affect emissions must be held constant to the maximum feasible degree for all test runs.

(c) The addition of an affected facility to a stationary source as an expansion to that source or as a replacement for an existing facility shall not by itself bring within the applicability of this regulation any other facility within that source.

(d) [Reserved]

(e) The following shall not, by themselves, be considered modifications under this rule:

  1. Maintenance, repair, and replacement which the Control Officer determines to be routine for a source category, subject to the provisions of Section (c) of this rule and Rule 260.15.

  2. An increase in production rate of an existing facility, if that increase can be accomplished without a capital expenditure on that facility.

  3. An increase in the hours of operation.

  4. Use of an alternative fuel or raw material if, prior to the date any standard under this regulation becomes applicable to that source type, as provided by Rule 260.1, the existing facility was designed to accommodate that alternative use. A facility shall be considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility's construction specifications, as amended, prior to the change. For the purposes of Regulation X, conversion to coal required for energy consideration, as specified in Section 111 (a)(8) of the Act, shall not be considered a modification.

  5. The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system which the Control Officer determines to be less environmentally beneficial.

  6. The relocation or change in ownership of an existing facility.

(f) Special provisions set forth under an applicable subpart of this regulation shall supersede any conflicting provisions of this rule.

(g) Within 180 days of the completion of any physical or operational change subject to the control measures specified in Section (a) of this rule, compliance with all applicable standards must be achieved.