AMAAPCD RULE 418 ATTAINMENT POLLUTANT CONTROL TECHNOLOGY
LAST REVISED 11/11/11

Rule 418  Attainment Pollutant Control Technology.

     A.   The Air Pollution Control Officer shall deny an
          Authority to Construct for a facility or modification
          subject to review under the provisions of Rule 408
          unless the facility or modification is designed to
          apply best available control technology for each
          applicable attainment pollutant or precursor.  For an
          existing facility this requirement shall apply only to
          new or modified sources.

     B.   For applicable phased construction projects, the
          determination of best available control technology
          shall be reviewed, and modified as appropriate, at the
          latest reasonable time prior to commencement of each
          independent phase of the proposed facility or
          modification.

     C.   In the case of a major facility or major modification
          which the applicant proposed to construct in a Class II
          area, emissions from which would cause or contribute to
          air quality exceeding the maximum allowable increase
          that would be applicable if the area were a Class II
          area and where no new source performance standard under
          40 CFR 60 has been promulgated for such source
          category, the Air Pollution Control Officer shall
          submit the determination of best available control
          technology to the Environmental Protection Agency for
          concurrence.

     D.   For those facilities or modifications required to meet 
          the provisions of Section A of this Rule, the
          Air Pollution Control Officer may approve with the
          consent of the Air Resources Board the use of
          innovative control technology in lieu of best available
          control technology, provided that:

          1.   The proposed control system would not cause or
               contribute to an unreasonable risk to public
               health, welfare, or safety in its operation or
               function, or cause emis- sions in excess of any
               standard contained in these Rules and Regulations
               or in 40 CFR Parts 60 and 61; and

          2.   The owner or operator agrees to achieve a level of
               continuous emissions reduction equivalent to that
               achieved by the application of best available
               control technology by a date specified by the Air
               Pollution Control Officer.  Such date shall not be
               later than 4 years from the date of issuance of
               the Authority to Construct.

     E.   The Air Pollution Control Officer shall withdraw any
          approval to employ a system of innovative control
          technology approved under this Rule if:

          1.   The proposed system fails by the specified date to
               achieve the required continuous emission reduction
               rate; or

          2.   The proposed system fails before the specified
               date so as to contribute to an unreasonable risk
               to public health, welfare or safety; or

          3.   The Air Pollution Control Officer decides at any
               time that the proposed system is unlikely to
               achieve the required level of control, or to
               protect the public health, welfare, or safety.

               If a source or modification fails to meet the
               required level of continuous emissions reduction
               within the specified time period, or its approval
               is withdrawn pursuant to this Section, the Air
               Pollution Control Officer may allow the source or
               modification up to an additional 3 years to meet
               the requirements of best available control
               technology through use of a demonstrated control
               system.

     F.   In the event that the Air Pollution Control Officer
          withdraws approval of such a system of innovative
          control technology, the affected operator shall have
          the right to appeal such decision to the Hearing Board
          of the District within 30 days after receipt of the
          notice of withdrawal of approval.