ANTELOPE VALLEY AIR POLLUTION CONTROL DISTRICT

RULE 1302. DEFINITIONS

(Adopted Oct. 5, 1979)(Amended March 7, 1980)(Amended July 11, 1980)
(Amended Sept. 10, 1982)(Amended July 12, 1985)(Amended August 1, 1986)
(Amended Dec. 2, 1988)(Amended June 28, 1990)(Amended May 3, 1991)
(Amended December 7, 1995)(Amended June 13, 1997)

(a) ACTUAL EMISSIONS means the emissions of a pollutant from an affected source determined by taking into account actual emission rates and actual or representative production rates (i.e., capacity utilization and hours of operation).

(b) AIR CONTAMINANT means any air pollutant for which there is a national ambient air quality standard, or precursor to such air pollutant, including but not limited to: carbon monoxide, sulfur dioxide, nitrogen oxides, particulate matter, lead compounds and volatile organic compounds.

(c) ALLOWABLE EMISSIONS means the emissions rate of a stationary source calculated using the maximum rated capacity of the source, unless the source is subject to federally enforceable limits which restrict the operation rate, or hours of operation, or both, and the most stringent of the following: (1) the applicable standards set forth in 40 CFR Part 60 or 61; (2) any applicable SIP emissions limitation including those with a future compliance date; or (3) the emissions rate specified as federally enforceable permit conditions including those with a future compliance date.

(d) BANKING means the process of recognizing and certifying emission reductions and the registering transaction involving Emission Reduction Credits.

(e) BASIN means the South Coast Air Basin or the nonattainment Planning Area of the Riverside County portion of the Southeast Desert Air Basin (SEDAB), or the remaining portion of the Riverside County SEDAB area, or the Los Angeles County SEDAB area within the South Coast Air Quality Management District (District). The boundaries of each air basin shall be as defined by the California Air Resources Board.

(f) BEST AVAILABLE CONTROL TECHNOLOGY (BACT) means the most stringent emission limitation or control technique which:

  1. has been achieved in practice for such category or class of source; or
  2. is contained in any state implementation plan (SIP) approved by the United States Environmental Protection Agency (EPA) for such category or class of source. A specific limitation or control technique shall not apply if the owner or operator of the proposed source demonstrates to the satisfaction of the Executive Officer or designee that such limitation or control technique is not presently achievable; or
  3. is any other emission limitation or control technique, found by the Executive Officer or designee to be technologically feasible for such class or category of sources or for a specific source, and cost-effective as compared to measures as listed in the Air Quality Management Plan (AQMP) or rules adopted by the District Governing Board.

(g) BEST AVAILABLE RETROFIT CONTROL TECHNOLOGY means an emission limitation that is based on the maximum degree of reduction achievable, taking into account environmental, energy, and economic impacts by each class or category of source.

(h) COGENERATION PROJECT means a project which:

  1. makes sequential use of exhaust steam, waste steam, heat or resultant energy from an industrial, commercial, or manufacturing plant or process for the generation of electricity; or
  2. makes sequential use of exhaust steam, waste steam, or heat from a thermal power plant, in an industrial, commercial, or manufacturing plant or process.

    For the purposes of this definition, the "industrial, commercial or manufacturing plant or process" shall not be a thermal power plant or portion thereof. A cogeneration project shall not consist of steam or heat developed solely for electrical power generation. To qualify as a cogeneration project, the processes listed in (1) and (2) above must meet the conditions specified in Public Resources Code Section 25134.

(i) EMISSION LIMITATION is a federally enforceable permit condition limiting emissions from a discrete operation, unit or other pollutant emitting source.

(j) EMISSION REDUCTION CREDIT (ERC) means the amount of emissions reduction which is verified and determined to be eligible for credit at a facility in accordance with all District rules and regulations. An ERC represents final eligible emission reductions and may be used as such, in accordance with the provisions of Regulation XIII.

(k) ESSENTIAL PUBLIC SERVICE includes:

  1. sewage treatment facilities, which are publicly owned or operated, and consistent with an approved regional growth plan;
  2. prisons;
  3. police facilities;
  4. fire fighting facilities;
  5. schools;
  6. hospitals;
  7. construction and operation of a landfill gas control or processing facility;
  8. water delivery operations; and
  9. public transit.

(l) EXEMPT COMPOUNDS are as defined in Rule 102.

(m) FACILITY means any source or group of sources or other air contaminant-emitting activities which are located on one or more contiguous properties within the District, in actual physical contact or separated solely by a public roadway or other public right-of-way, and are owned or operated by the same person (or by persons under common control), or an outer continental shelf (OCS) source as determined in 40 CFR Section 55.2. Such above-described groups, if noncontiguous, but connected only by land carrying a pipeline, shall not be considered one facility. Sources or installations involved in crude oil and gas production in Southern California Coastal or OCS Waters and transport of such crude oil and gas in Southern California Coastal or OCS Waters shall be included in the same facility which is under the same ownership or use entitlement as the crude oil and gas production facility on-shore.

(n) FEDERALLY ENFORCEABLE means all permit limitations and conditions which are enforceable by the EPA Administrator.

(o) MAJOR MODIFICATION means any modification, as specified in subdivision (s), at an existing major polluting facility that will cause;

  1. an increase of one pound per day or more, of the facility's potential to emit oxides of nitrogen (NOX) or volatile organic compounds (VOCs), provided the facility is not located in the Southeast Desert Air Basin (SEDAB), or
  2. an increase of 40 tons per year or more, of the facility's potential to emit oxides of sulfur (SOX), or
  3. an increase of 15 tons per year or more, of the facility's potential to emit particulate matter with an aerodynamic diameter of less than or equal to a nominal ten microns (PM10); or,
  4. an increase of 100 tons per year or more, of the facility's potential to emit carbon monoxide (CO).

For an existing major polluting facility located in the SEDAB, major modification means any modification that will cause an increase of 25 tons per year or more, of the facility's potential to emit NOX or VOC; whereas the requirements for SOX, PM10, and CO are as specified above in paragraphs (o)(2), (o)(3), and (o)(4).

(p) MAJOR POLLUTING FACILITY means any facility not located in the SEDAB which emits or has the potential to emit the following amounts or more:

Volatile Organic Compounds (VOC) (10) tons per year
Nitrogen Oxides (NOx) (10) tons per year
Sulfur Oxides (SOx) (70) tons per year
Particulate Matter (PM10) (70) tons per year
Carbon Monoxide (CO) (100) tons per year

For any facility located in the SEDAB, major polluting facility means any facility which emits or has the potential to emit the following amounts or more:

Volatile Organic Compounds (VOC) (25) tons per year
Nitrogen Oxides (NOx) (25) tons per year
Sulfur Oxides (SOx) (100) tons per year
Particular Matter (PM10) (70) tons per year
Carbon Monoxide (CO) (100) tons per year

(q) MOBILE SOURCE means a device by which any person or property may be propelled, moved, or drawn upon a roadway, stationary rails or tracks, waterways, or through the atmosphere, and which emits air contaminants.

(r) MODELING means using an air quality simulation model, based on specified assumptions and data, and which model is approved by the EPA and has been approved in writing by the Executive Officer or designee.

(s) MODIFICATION means any physical change in equipment, change in method of operation, or an addition to an existing facility, which may cause the issuance of air contaminants. Routine maintenance and/or repair shall not be considered a physical change. A change in the method of operation of equipment, unless previously limited by an enforceable permit condition, shall not include:

  1. an increase in the production rate, unless such increase will cause the maximum design capacity of the equipment to be exceeded.
  2. an increase in the hours of operation.
  3. a change in operator of a facility.

(t) NEW SOURCE REVIEW (NSR) BALANCE means the sum of the emission increases, decreases, and offsets as listed in District records, and approved by the Executive Officer or designee that has been determined at a facility pursuant to the District's New Source Review rules since October 8, 1976 to December 7, 1995. Under no circumstances shall the New Source Review Balance be greater than the facility's potential to emit or less than zero.

(u) NONATTAINMENT AIR CONTAMINANT means any air contaminant for which there is a national or state ambient air quality standard, or precursor to such air contaminant, which:

  1. has been designated "nonattainment" pursuant to the California Air Resources Board in accordance with Section 39607 of California Health & Safety Code; or
  2. has been designated "nonattainment" pursuant to final rulemaking by the EPA as published in the Federal Register.

(v) OZONE DEPLETING COMPOUNDS (ODCs) are as defined in Rule 102.

(w) PERMANENT means that emission reductions used to offset emission increases are assured for the life of the corresponding increase, whether unlimited or limited in duration.

(x) PERMIT UNIT means any article, machine, equipment, or other contrivance, or combination thereof, which may cause or control the issuance of air contaminants that is not exempt from permit requirements.

(y) POTENTIAL TO EMIT means the amount of pollutants calculated (1) using a calendar monthly average, and, (2) on a pound-per-day basis from permit conditions which directly limit the emissions, or, when no such conditions are imposed, from:

  1. the maximum rated capacity; and
  2. the maximum daily hours of operation; and
  3. the physical characteristics of the materials processed.

Fugitive emissions associated with the source shall be included in the potential to emit.

(z) PM10 means particulate matter with aerodynamic diameter of less than or equal to a nominal 10 microns as measured by an applicable reference test method.

(aa) PRECURSOR means a substance that, when released to the atmosphere, forms or causes to be formed or contributes to the formation of another or secondary air contaminant for which a national ambient air quality standard has been adopted, or whose presence in the atmosphere will contribute to the violation of one or more national ambient air quality standards. Precursors and secondary pollutants include:

PRECURSORS

SECONDARY POLLUTANTS

Volatile Organic Compounds (VOC) a) photochemical oxidant (ozone)
  b) the organic fraction of suspended particulate matter
Nitrogen Oxides (NOx) a) nitrogen dioxide (NO2)
  b) the nitrate fraction of suspended particulate matter
  c) photochemical oxidant (ozone)
Sulfur Oxides (SOx) a) Sulfur dioxide (SO2)
  b) sulfates (SO4)
  c) the sulfate fraction of suspended particulate matter

(bb) QUALIFYING FACILITY means a power generating facility which:

  1. produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, geothermal resources, or any combination thereof; and
  2. has a power production capacity which, together with any other facilities located at the same site, is not greater than 80 megawatts; and
  3. is determined by the Federal Energy Regulatory Commission (FERC), by rule, to meet such requirements (including fuel use, fuel efficiency, and reliability) as the Commission may, by rule, prescribe; and
  4. is owned by a person not primarily engaged in the generation or sale of electric power, other than electric power solely from cogeneration facilities or facilities meeting the provisions of subparagraphs (1) and (2).

(cc) QUANTIFIABLE EMISSIONS means that the emission reductions eligible for ERCs were calculated both before and after the reduction using the same method and averaging time.

(dd) RELOCATION means the removal of an existing source from one parcel of land in the District and installation on another parcel of land where the two parcels are not in actual physical contact and are not separated solely by a public roadway or other public right-of-way.

(ee) RESOURCE RECOVERY PROJECT means a project which uses municipal waste, refuse-derived, biomass-derived or other nonfossil fuels for useful energy generation within the same basin that the fuel was generated.

(ff) SMALL BUSINESS means for BACT determination purposes only, any business which meets all of the following criteria:

  1. the number of employees is 100 or less;
  2. the total gross annual receipts are $2,000,000 or less;
  3. be privately held and not publicly traded;
  4. not be a major stationary source;
  5. be subject to Regulation XIII and not Rule 2005(RECLAIM); and
  6. if legally affiliated with another business, the combined activities shall meet the above requirements.

A facility is a major stationary source if it is subject to Regulation XXX - Title V Permits based on subdivision (a) of Rule 3001 - Applicability or is a major polluting facility as determined in this regulation.

(gg) SOURCE means any permitted individual unit, piece of equipment, article, machine, process, contrivance, or combination thereof, which may emit or control an air contaminant. This includes any permit unit at any non-RECLAIM facility and any device at a RECLAIM facility.

(hh) SOUTHEAST DESERT AIR BASIN (SEDAB) means that portion of the air basin containing specific desert portions of Los Angeles, Riverside and San Bernardino counties, as defined in Title 17, California Code of Regulations, Section 60109, within the jurisdiction of the District.

(ii) VOLATILE ORGANIC COMPOUNDs (VOCs) are as defined in Rule 102.