SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 20.2 - NEW SOURCE REVIEW NON - MAJOR STATIONARY SOURCES
(ADOPTED AND EFFECTIVE 5/17/94); (REV. ADOPTED AND EFFECTIVE 12/17/97); (REV. ADOPTED 11/4/98; EFFECTIVE 12/17/98)

Table of Contents

SECTION TITLE

(a) APPLICABILITY
(b) EXEMPTIONS
(c) DEFINITIONS
(d) STANDARDS

  1. Best Available Control Technology (BACT)
    1. New or Modified Emission Units
    2. Relocated Emission Units
    3. Replacement Emission Units
    4. Emergency Equipment Emission Units
  2. Air Quality Impact Analysis (AQIA)
    1. AQIA for New or Modified Emission Units
      Table 20.2 - 1: AQIA Trigger Levels
    2. AQIA for Replacement Emission Units
    3. AQIA for Relocated Emission Units
    4. AQIA Not Required for NOx or VOC Impacts on Ozone
    5. AQIA Requirements for PM10 Impacts May be Waived
    6. AQIA may be Required
  3. Prevention of Significant Deterioration (PSD)
    1. Federal Land Manager and Federal EPA Notification
    2. ARB, SCAQMD and Imperial County APCD Notification
  4. Public Notice and Comment
    1. Public Comment Period
    2. Applicant Response
    3. Publication of Notice
    4. Information to be Made Available for Public Inspection
  5. RESERVED
  6. RESERVED




NOTE: (12/17/97) The following listed sections and subsections will not be submitted to the federal Environmental Protection Agency (EPA) for inclusion in the San Diego State Implemenation Plan (SIP):

Section (b), Subsections (d)(1), (d)(2)(v), (d)(5) and (d)(6).

Subsections (d)(2)(i), (d)(2)(ii), (d)(2)(iii), (d)(2)(iv) and (d)(2)(vi) will be submitted to EPA for inclusion in the SIP only with respect to national ambient air quality standards.





RULE 20.2. NEW SOURCE REVIEW - NON-MAJOR STATIONARY SOURCES
(Adopted & Effective: 5/17/94; Rev. Effective 12/17/97; Rev. Adopted 11/4/98; Effective 12/17/98)

(a) APPLICABILITY
This rule applies to any new or modified stationary source, to any new or modified emission unit and to any relocated emission unit being moved from a stationary source provided that after completion of the project, the stationary source is not a major stationary source.

(b) EXEMPTIONS (Rev. Adopted 11/4/98; Effective 12/17/98)
The exemptions contained in Rule 20.1, Section (b) apply to this rule. In addition, for purposes of this rule, the following exemptions shall apply.

(1) Emission units which are to be temporarily relocated to another stationary source shall be exempt from the provisions of Subsection (d)(1)(ii), provided that:

(i) The emission unit is not being modified,
(ii) There is no increase in the emission unit's potential to emit,
(iii) The unit is not located for more than 180 days at the stationary source where it is moved to, and
(iv) The emission unit is not located at more than two stationary sources over any 365-day period.

(2) Emission units which are intended to be permanently relocated to another stationary source shall be exempt from the provisions of Subsection (d)(1)(ii), provided that:

(i) There is no increase in the emission unit's potential to emit,
(ii) The relocation occurs within 10 miles of the previous stationary source, and
(iii) The relocated emission unit commences operating at the stationary source it was relocated to within one year of the emission unit ceasing operations at its previous stationary source.


(c) DEFINITIONS
The definitions contained in Rule 20.1, Section (c) apply to this rule.

(d) STANDARDS (Rev. Adopted 11/4/98; Effective 12/17/98)

(1) BEST AVAILABLE CONTROL TECHNOLOGY (BACT)
The Air Pollution Control Officer shall deny an Authority to Construct or modified Permit to Operate for any emission unit subject to this rule unless the applicant demonstrates that the following requirements will be satisfied:

(i) New or Modified Emission Units
Any new or modified emission unit which has any increase in its potential to emit particulate matter (PM10), oxides of nitrogen (NOx), volatile organic compounds (VOC) or oxides of sulfur (SOx) and which unit has a post-project potential to emit of 10 pounds per day or more of PM10, NOx, VOC, or SOx shall be equipped with Best Available Control Technology (BACT) for each such air contaminant.

(ii) Relocated Emission Units
Except as provided for in Subsections (b)(1) and (b)(2), any relocated emission unit with a post-project potential to emit of 10 pounds per day or more of PM10, NOx, VOC or SOx shall be equipped with BACT for each such air contaminant.

(iii) Replacement Emission Units
Any replacement emission unit with a post-project potential to emit of 10 pounds per day or more of PM10, NOx, VOC or SOx shall be equipped with BACT for each such air contaminant.

(iv) Emergency Equipment Emission Units
Any new or modified emergency equipment emission unit which has any increase in its potential to emit PM10, NOx, VOC or SOx and which unit has a post-project potential to emit of 10 pounds per day or more of PM10, NOx, VOC or SOx shall be equipped with BACT for each such air contaminant. BACT shall apply based on the unit's non-emergency operation emis-sions and excluding the unit's emissions while operating during emergency situations.


(2) AIR QUALITY IMPACT ANALYSIS (AQIA)
The Air Pollution Control Officer shall deny an Authority to Construct or modified Permit to Operate for any emission unit subject to this rule unless the following require-ments are satisfied. Area fugitive emissions of PM10 shall not be included in the demonstrations required below unless the Air Pollution Control Officer determines, on a case-by-case basis, that a project's area fugitive emissions of PM10 must be evaluated in order to protect public health and welfare.

(i) AQIA for New or Modified Emission Units
For each project which results in an emissions increase equal to or greater than any of the amounts listed in Table 20.2 - 1, the applicant shall demonstrate to the satisfaction of the Air Pollution Control Officer through an AQIA that the project will not:

(A) cause a violation of a state or national ambient air quality standard anywhere that does not already exceed such standard, nor
(B) cause additional violations of a national ambient air quality standard anywhere the standard is already being exceeded, nor
(C) cause additional violations of a state ambient air quality standard anywhere the standard is already being exceeded, except as provided for in Subsection (d)(2)(v), nor
(D) prevent or interfere with the attainment or maintenance of any state or national ambient air quality standard.

If a PM10 AQIA is required, the AQIA shall include both directly emitted PM10 and PM10 which would be formed by precursor air contaminants prior to discharge to the atmosphere.

Table 20.2 - 1
AQIA Trigger Levels

 

Emission Rate

Air Contaminant

(lb/hr)

(lb/day)

(tons/yr)

Particulate Matter (PM10) 

 ---

 100

 15

Oxides of Nitrogen (NOx) 

 25

 250

 40

Oxides of Sulfur (SOx)

 25

 250

 40

Carbon Monoxide (CO)

100

550

100

 Lead and Lead Compounds

 ---

 3.2

 0.6


(ii) AQIA for Replacement Emission Units
For each replacement project which results in an emission increase equal to or greater than any of the amounts listed in Table 20.2-1, the applicant shall demonstrate to the satisfaction of the Air Pollution Control Officer through an AQIA, that the replacement project will not:

(A) cause a violation of a state or national ambient air quality standard anywhere that does not already exceed such standard, nor
(B) cause additional violations of a national ambient air quality standard anywhere the standard is already being exceeded, nor
(C) cause additional violations of a state ambient air quality standard anywhere the standard is already being exceeded, except as provided for in Subsection (d)(2)(v), nor
(D) prevent or interfere with the attainment or maintenance of any state or national ambient air quality standard.

If a PM10 AQIA is required, the AQIA shall include both directly emitted PM10 and PM10 which would be formed by precursor air contaminants prior to discharge to the atmosphere.

(iii) AQIA for Relocated Emission Units
Prior to issuance of a permit allowing an emission unit or a project to be relocated from one stationary source to another, the applicant shall demonstrate to the satisfaction of the Air Pollution Control Officer through an AQIA, that operating the emission unit or project at the new location will not:

(A) cause a violation of a state or national ambient air quality standard anywhere that does not already exceed such standard, nor
(B) cause additional violations of a national ambient air quality standard anywhere the standard is already being exceeded, nor
(C) cause additional violations of a state ambient air quality standard anywhere the standard is already being exceeded, except as provided for in Subsection (d)(2)(v), nor
(D) prevent or interfere with the attainment or maintenance of any state or national ambient air quality standard.

This demonstration is required for each air contaminant for which the project has a potential to emit equal to or greater than the amounts listed in Table 20.2-1. If a PM10 AQIA is required, the AQIA shall include both directly emitted PM10 and PM10 which would be formed by precursor air contaminants prior to discharge to the atmosphere.

(iv) AQIA Not Required for NOx or VOC Impacts on Ozone
Notwithstanding the requirements of Subsections (d)(2)(i), (ii), or (iii) a demon-stration shall not be required for determining the impacts from a project's NOx or VOC emissions on the state or national ambient air quality standard for ozone unless the Air Pollution Control Officer determines that adequate procedures exist for determining the impacts of NOx or VOC emissions from point sources on ozone ambient air quality standards and that such procedures are acceptable to the California Air Resources Board (ARB) or the federal Environmental Protection Agency (EPA).

(v) AQIA Requirements for PM10 Impacts May be Waived
Notwithstanding the requirements of Subsection (d)(2)(i), (ii), or (iii), the Air Pollution Control Officer may waive the AQIA requirements for PM10 impacts on the state ambient air quality standards, as follows:

(A) If the project will result in a maximum PM10 air quality impact of less than 5 µg/m3 (24-hour average basis) and 3 µg/m3 (annual geometric mean basis), all of the project's PM10 emission increases, including area fugitive emissions of PM10, must be offset at a ratio of 1.5 to 1.

(B) If the project will result in a maximum PM10 air quality impact equal to or greater than 5 µg/m3 but less than 10 µg/m3 (24-hour average basis) or equal to or greater than 3 µg/m3 but less than 6 µg/m3 (annual geometric mean basis):

(1) the project must be equipped with BACT for PM10 emissions without consideration for cost-effectiveness,
(2) all of the project's PM10 emission increases, including area fugitive emissions of PM10, must be offset at an overall ratio of 1.5 to 1,
(3) sufficient emission offsets must be provided within the project's impact area to offset all of the project's PM10 emission increases, including area fugitive emissions of PM10, at a ratio of at least 1 to 1,
(4) emission offsets in an amount and location which are demonstrated to have a modeled off-stationary source air quality impact at least equal to the project's PM10 ambient air quality impact minus 5 µg/m3 (24-hour average basis) and 3 µg/m3 (annual geometric mean basis) must be provided, and
(5) all reasonable efforts to reduce the air quality impacts of the project are made.

(C) In no case shall the project result in a maximum PM10 air quality impact equal to or greater than 10 µg/m3 (24-hour average basis) or equal to or greater than 6 µg/m3 (annual geometric mean basis).

(vi) AQIA May be Required
Notwithstanding any other provision of this rule, the Air Pollution Control Officer may require an AQIA, for any new or modified stationary source, any emission unit or any project if the stationary source, emission unit or project may be expected to:

(A) cause a violation of a state or national ambient air quality standard anywhere that does not already exceed such standard, or
(B) cause additional violations of a national ambient air quality standard anywhere the standard is already being exceeded, or
(C) cause additional violations of a state ambient air quality standard anywhere the standard is already being exceeded, except as provided for in Subsection (d)(2)(v), or
(D) prevent or interfere with the attainment or maintenance of any state or national ambient air quality standard.

(3) PREVENTION OF SIGNIFICANT DETERIORATION (PSD)
The Air Pollution Control Officer shall not issue an Authority to Construct or modified Permit to Operate for any project which is expected to have a significant impact on any Class I area, as determined by an AQIA required pursuant to Subsection (d)(2), unless the follow-ing requirements are satisfied. The Air Pollution Control Officer shall:

(i) Federal Land Manager and Federal EPA Notification
Notify the Federal Land Manager and the federal EPA. This notification shall include all of the information specified by Subsection (d)(4)(iv), the location of the project, the project's approximate distance from all Class I areas within 100 km of San Diego County (as specified in Table 20.1 - 3) and the results of the AQIA, and

(ii) ARB, SCAQMD and Imperial County APCD Notification
Notify and submit to the California ARB, the South Coast Air Quality Management District and the Imperial County Air Pollution Control District the information specified in Subsection (d)(4)(iv).

(4) PUBLIC NOTICE AND COMMENT
The Air Pollution Control Officer shall not issue an Authority to Construct or modified Permit to Operate for any project subject to the AQIA or notification requirements of Sub-section (d)(2) or (d)(3), nor for any project which results in an emissions increase of VOCs equal to or greater than 250 pounds per day or 40 tons per year, unless the following requirements are satisfied.

(i) Public Comment Period
At least 40 days before taking final action on an application subject to the requirements of Subsection (d)(2) or (d)(3), the Air Pollution Control Officer shall:

(A) provide the public with notice of the proposed action in the manner prescribed by Subsection (d)(4)(iii), and
(B) make available for public inspection all information relevant to the proposed action as specified in Subsection (d)(4)(iv), and
(C) provide at least a 30-day period within which comments may be submitted.
The Air Pollution Control Officer shall consider all comments submitted.

(ii) Applicant Response
Except as agreed to by the applicant and the Air Pollution Control Officer, no later than 10 days after close of the public comment period the applicant may submit written responses to any comment received during the public comment period. Responses submitted by the applicant shall be considered prior to the Air Pollution Control Officer taking final action. The applicant's responses shall be made available for public review.

(iii) Publication of Notice
The Air Pollution Control Officer shall publish a notice of the proposed action in at least one newspaper of general circulation in San Diego County. The notice shall:

(A) describe the proposed action, and
(B) identify the location(s) where the public may inspect the information relevant to the proposed action, and
(C) indicate the date by which all comments must be received by the District for consideration prior to taking final action.

(iv) Information to be Made Available for Public Inspection
The relevant information to be made available for public inspection shall include but not be limited to:
(A) the application and all analyses and documentation used to support the proposed action, the District's evaluation of the project, a copy of the draft Authority to Construct or Permit to Operate and any information submitted by the applicant not previously labeled Trade Secret pursuant to Regulation IX, and
(B) the proposed District action on the application, including the prelimi-nary decision to approve, conditionally approve or deny the application and the reasons therefor.

(5) RESERVED (Rev. Adopted 11/4/98; Effective 12/17/98)

(6) RESERVED (Rev. Adopted 11/4/98; Effective 12/17/98)