MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT

RULE 213.2 - DEFINITIONS FOR RULES 213, 213-1 AND 213-3
(Adopted: June 18, 1979)

(a) STATIONARY SOURCE means a unit or an aggregation of units of non-vehicular air-contaminant-emitting equipment which is located on one property or on contiguous properties: which is under the same ownership or entitlement to use and operate: and, in the case of an aggregation of units, those units which are related to one another. Units shall be deemed related to one another if the operation of one is dependent upon, or affects the operation of the other: if their operation involves a common or similar raw material, product, or function: or if they have the same first three digits in their standard industrial classification codes as determined from the Standard Industrial Classification Manual published in 1972 by the Executive Office of the President, Office of Management and Budget. In addition, in cases where all or part of a stationary source is a facility used to load cargo onto or unload cargo from cargo carriers, other than motor vehicles, the Air Pollution Control Officer shall consider such carriers to be part of the stationary source. Accordingly, all emissions from such carriers (excluding motor vehicles) which will result in an adverse impact on air quality in the State of California, shall be considered as emissions from such stationary source. Emissions from such carriers shall include those that result from the operation of the carriers' engines; the purging or other method of venting of vapors; and from the loading. unloading, storage, processing, and transfer of cargo.

(b) MAJOR STATIONARY SOURCE means any new stationary source which emits more than 250 pounds per day of nitrogen oxides, organic gases, or any air contaminant for which there is a national ambient air quality standard (except carbon monoxide, for which the limit is 2500 pounds per day) or any modified stationary source if the modification will result in a net increase in emissions from the existing source of more than 250 pounds per day of nitrogen oxides, organic gases, or any air contaminant for which there is a national ambient air quality standard (except carbon monoxide, for which the limit is 2500 pounds per day).

(c) MODIFICATION means any physical change in, or any change in the method of operation of, a stationary source. For the purpose of this definition:

  1. Routine maintenance or repair shall not be considered to be physical changes, and

  2. An increase in production rate or operating hours shall not be considered to be a change in the method of operation, provided that these increases are not contrary to any existing permit to operate conditions.

(d) BEST AVAILABLE CONTROL TECHNOLOGY means the more stringent of:

  1. The most effective emissions control technique which has been achieved in practice, for such category or class of course; or

  2. The control technique which will result in the achievement of the most stringent emissions limitation, in effect, which the EPA certifies is contained in the implementation plan of any State for such class or category or source unless the owner or operator of the proposed source demonstrates that such control techniques are not available (i.e. that such emissions limitations are not presently achievable). No control technique, the application of which would result in emissions from a new or modified source in excess of the amount allowable under applicable new source performance standards, may be considered to be BEST AVAILABLE CONTROL TECHNOLOGY.

(e) SEVERABILITY:

If any portion of this Rule shall be found to be unenforceable, such finding shall have no effect on the enforceability of the remaining portions of the Rule, which shall continue to be in full force and effect.