- ACTUAL EMISSIONS
"Actual emissions" are the measured or estimated emissions that most accurately represent the emissions
from an emissions unit.
- ACTUAL EMISSION REDUCTIONS
"Actual emission reductions" means a reduction in actual emissions from an emissions unit selected for
emission offsets or banking. Actual emission reductions shall be calculated on a quarterly basis, pursuant to Section
d. of this rule, and shall meet the following requirements:
A. Emission reductions shall be real, enforceable, quantifiable, and permanent.
B. Emission reductions shall be in excess of any emission reductions that are:
- Required or encumbered by any laws, rules, regulations or orders; or
- Attributed to a control measure noticed for workshop, or proposed or contained in a State Implementation Plan;
- Contained as near-term measures in the adopted District Air Quality Attainment Plan for attaining annual reductions
required for the California Clean Air Act (CCAA).
Actual emission reductions attributed to a proposed control measure, may be re-eligible as actual emission reduction
in the following circumstances:
A. For control measures identified in the District Air Quality Attainment Plan or State Implementation Plan,
no rule has been adopted within two (2) years from the scheduled adoption date provided, however, the Air Pollution
Control Officer (APCO) has not extended the scheduled adoption date;
B. For control measures not identified in the District Air Quality Attainment Plan or State Implementation Plan,
no rule has been adopted within two (2) years from the date of the latest public workshop notice.
- AFFECTED POLLUTANT
"Affected pollutants" are all air pollutants for which an ambient air quality standard has been established
by the U.S. Environmental Protection Agency (EPA) or the California Air Resources Board (ARB), and the precursors
to such pollutants.
- AMBIENT AIR QUALITY STANDARDS
"Ambient air quality standards" shall be interpreted to include Federal and State Ambient Air Quality
Standards. For purposes of applicability of this rule to the State Implementation Plan (SIP), all references to
ambient air quality standards shall be interpreted as National Ambient Air Quality Standards.
- BEST AVAILABLE CONTROL TECHNOLOGY (BACT)
"Best available control technology" means for any emissions unit the more stringent of:
A. The most effective emission control device, emission limit, or technique that has been required or used for
the type of equipment comprising such emissions unit unless the applicant demonstrates to the satisfaction of the
APCO that such limitations are not achievable; or
B. Any other emission control device or technique, alternative basic equipment, different fuel or process, determined
to be technologically feasible and cost- effective by the APCO. The cost-effective analysis shall be performed
in accordance with the methodology and criteria specified by the APCO;
Under no circumstances shall BACT be determined to be less stringent than the emission control required by any
applicable provision of District, State, or Federal laws or regulations, unless the applicant demonstrates to the
satisfaction of the APCO that such limits are not achievable.
- COMPLETE APPLICATION
A "complete application" is an application that contains all information required by the District to
adequately evaluate the nature and extent of potential emissions from a new or modified emissions unit proposed
for use in accordance with a list of required information as adopted by the District pursuant to Article 3, Sections
65940 through 65944 of Chapter 4.5 of Division 1, Title 7 of the Government Code.
- CONTIGUOUS PROPERTY
"Contiguous property" means two or more parcels of land with a common boundary or separated solely by
a public or private roadway or other public right-of-way.
- CONTROL EFFICIENCY
The estimated "control efficiency" of the proposed air pollution control technology that will be incorporated,
by means of enforceable permit conditions in the authority to construct and the permit to operate. Emissions reductions
attributed to lowering throughput rates or operating hours shall not be considered in determining control efficiency.
- COST EFFECTIVE
"Cost effective" means the cost per pound of emission reduction that is deemed to be acceptable and feasible,
on a pollutant and emissions unit basis, determined by the APCO.
- DAILY EMISSIONS LIMITATION
"Daily emissions limitations" means one or a combination of permit conditions specific to an emissions
unit that restricts its maximum daily emissions in pounds per day, at or below the emissions associated with the
maximum design capacity. A daily emissions limitations must be:
A. Contained in the latest Authority to Construct and contained in or enforceable by the latest Permit to Operate
for the emission unit; and
B. Enforceable on a daily basis; and
C. Established pursuant to a permitting action occurring after September 14, 1993, and used in the calculation
of the net emission change.
- EMISSIONS UNIT
An "emissions unit" is an identifiable operation, process or control equipment, such as an article, machine,
or other contrivance, which emits, may emit, or results in the emissions of any affected pollutant directly or
as fugitive emissions.
"Fluorides" include elemental fluorine and all fluoride compounds.
- FUGITIVE EMISSIONS
"Fugitive emissions" are those emissions that could not reasonably pass through a stack, chimney, or
vent, or other functionally equivalent opening.
- HALOGENATED HYDROCARBONS
For the purposes of this rule, "halogenated hydrocarbons" are 1,1,1-trichloroethane, methylene chloride,
trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), chlorodifluoromethane (HCFC-22), trifluoromethane
(HFC-23), 1,1,1- trichloro-2,2,2-trifluoroethane (CFC-113), 1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114),
chloropentafluoroethane (CFC-115), 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123), 2-chloro-1,1,1,2-tetrafluoroethane
(HCFC-124), pentafluoroethane (HFC-125), 1,1,2,2-tetrafluoroethane (HFC-134), 1,1,1,2-tetrafluoroethane (HFC-134a),
1,1-dichloro-1-fluoroethane (HCFC-141b), 1-chloro-1,1-difluoroethane (HCFC-142b), 1,1,1-trifluoroethane (HFC-143a),
1,1-difluoroethane (HFC-152a), and the following four classes of perfluorocarbon (PFC) compounds:
A. cyclic, branched, or linear, completely fluorinated alkanes,
B. cyclic, branched, or linear, completely fluorinated ethers with no unsaturations,
C. cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and
D. saturated perfluorocarbons containing sulfur with sulfur bonds only to carbon and fluorine.
Perfluorocarbon compounds will be assumed to be absent from a product or process unless a manufacturer or facility
operator identifies the specific individual compounds (from the broad classes of perfluorocarbon compounds), and
the amounts present in the product or process, and provides a validated test method that can be used to quantify
the specific compounds.
- . HISTORIC ACTUAL EMISSIONS
"Historic actual emissions" are actual emissions from an existing emissions unit averaged over two consecutive
years immediately preceding the date of application for an Authority to Construct. If the last two years are unrepresentative
of normal operations as determined by the APCO, then two consecutive years of the last five years may be used.
Where an emission unit has been in operation for less than two years, a shorter averaging period of at least one
year may be used, providing it represents the full operational history of the emissions unit. For open biomass
burning the emissions baseline years will be a five year period: 1988 through 1992.
- HISTORIC POTENTIAL EMISSIONS
"Historic potential emissions" means the daily potential to emit of an existing emissions unit prior
to modification. For a new emissions unit, historic potential emissions are equal to zero.
- IMPACT ANALYSIS
An "impact analysis" is an air quality modeling analysis used to estimate the maximum ground level concentration
of any pollutant subject to this rule. Maximum ground level concentration added to background levels shall be compared
to ambient air quality standards.
A "modification" is any physical or operational change to an existing emissions unit, including changing
hours of operation or production rate, that would necessitate a change in permit conditions. A modification to
a stationary source shall include any modification of its permitted emissions units or addition of any new emissions
units. A reconstructed stationary source shall be treated as a new stationary source and not as a modification.
A modification also occurs when there is an increase in emissions from an emissions unit which is not subject to
a daily emissions limitation.
The following shall not be considered a modification:
A. Routine maintenance or repair.
B. A change in ownership.
C. Replacement of an existing emissions unit, part of an emissions unit, or emissions control device with a
functionally identical piece of equipment resulting in emissions less than or equal to those from the original
equipment or device and not requiring a change in permit conditions.
- NET AIR QUALITY BENEFIT
"Net air quality benefit" means a net improvement in air quality resulting from actual emission reduction
impacting the same general area affected by the new or modified source.
- NONATTAINMENT POLLUTANT
A "nonattainment pollutant" is any pollutant as well as any precursors of such pollutant, that has been
designated nonattainment by the EPA in the Federal Register, or that has been designated "nonattainment"
by the ARB pursuant to Section 39607 of the California Health and Safety Code.
To "offset" means to use an emission decrease from one or more source to compensate for an emission increase
in a nonattainment pollutant or its precursor from a new or modified source subject to the requirements of the
District's new source review rule.
"PM10" means particulate matter with an aerodynamic diameter smaller than or equal to a nominal ten (10)
microns as measured by an applicable reference test method, or methods found in Article 2, Subchapter 6, Title
17, of the California Code of Regulations (commencing with section 94100).
- POTENTIAL TO EMIT
The "potential to emit" is the maximum daily capacity of a stationary source or emissions unit to emit
affected pollutants under its physical and operational design. Any physical or operational limitation on the daily
capacity of the source or unit to emit a pollutant, including pollution control equipment and restrictions in hours
of operation, type of material combusted, stored, or processed, shall be treated as part of its design limitation
if they are incorporated into the applicable permit as enforceable permit conditions.
"Precursor" means a directly emitted pollutant that, when released to the atmosphere, forms, or contributes
to the formation of a secondary pollutant for which an ambient air quality standard has been adopted. The following
precursor relationships shall be used:
|Reactive Organic Compounds
||a) Photochemical oxidants (Ozone)
b) The organic fraction of PM10
a) Nitrogen dioxide
b) The nitrate fraction of PM10
c) Photochemical oxidants (Ozone)
a) Sulfur dioxide
c) The sulfate fraction of PM10
- PROPOSED EMISSIONS
"Proposed emissions" means the potential to emit for a new or post-modification emissions unit.
- REACTIVE ORGANIC COMPOUND (ROC, ROG, or VOC)
A "reactive organic compound" is any compound containing carbon, except methane, carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonates, and halogenated hydrocarbons.
- RECONSTRUCTED SOURCE
A "reconstructed source" is any source undergoing physical modification where the fixed capital cost
of the new components exceeds 50 percent of the fixed capital cost of a comparable entirely new stationary source.
Fixed capital costs means that capital needed to provide all the depreciable components. Reconstruction does not
include modifications involving only replacement equipment.
- REDUCED SULFUR COMPOUND
"Reduced sulfur compounds" includes the sulfur compounds hydrogen sulfide, carbon disulfide, and carbonyl
"Shutdown" means either the earlier of the permanent cessation of emissions from a source or an emitting
unit or the surrender of that unit's or source's operating permit. If prior to the surrender of that operating
permit, the APCO determines that the source or emitting unit has been removed or fallen in to an inoperable and
unmaintained condition, the APCO may notify the owner of the intent to cancel the permit. If the owner cannot demonstrate
to the satisfaction of the APCO, or does not respond within 60 days from the notice of the District's to cancel
the permit, that the owner intended to operate again, then the APCO may cancel the permit and deem the source shutdown
as of the date of the last emissions.
- STATIONARY SOURCE
A "stationary source" is any building, structure, or emissions unit that emits or may emit any affected
pollutant directly or as a fugitive emission.
"Emissions Unit" includes any operation, article, machine, equipment or other contrivance that emits
or may emit any affected pollutant. "Building or structure" includes all pollutants emitting activities
including emissions units that:
A. Are located on one or more contiguous or adjacent properties, and that may be separated by a public right
of way; and
B. Are under the same or common ownership, operation, or control, or that are owned or operated by entities
that are under common control and belong to the same industrial grouping either by virtue of falling within the
same two digit Standard Industrial Classification (SIC) Code or by virtue of being part of a common industrial
process, manufacturing process, or connected process involving a common raw material.
- TOTAL REDUCED SULFUR COMPOUNDS
"Total reduced sulfur compounds" includes the sulfur compounds hydrogen sulfide, methyl mercaptan, dimethyl
sulfide, and dimethyl disulfide.
Any emissions unit subject to this Rule shall be subject to the following requirements:
- BEST AVAILABLE CONTROL TECHNOLOGY (BACT)
An applicant shall apply BACT to any new emissions unit or modification of an existing emissions unit, which results
in an emissions increase and the potential to emit for the emissions unit which equals or exceeds the following
||POUNDS PER DAY
Reactive organic compounds
Particulate Matter (PM10)
Sulfuric acide mist
Total reduced sulfur compounds
Reduced sulfur compounds
- OFFSET REQUIREMENTS, GENERAL
Emission reductions shall be required from existing emission sources, sufficient to offset calendar quarter emission
increases of nonattainment pollutants or their precursors associated with a new or modified stationary source and
shall be determined as follows:
A. Offsets shall be required for a new stationary source with a potential to emit, calculated pursuant to Section
d.4., of nonattainment pollutants or their precursors equal to or exceeding twenty-five (25) tons per year. The
amount of offsets required shall be at least equal to that portion of the potential to emit that exceeds 25 tons
B. Offsets shall be required for a modified stationary source under the following conditions:
- An existing stationary source that has the potential to emit less than 25 tons per year as of September 14,
1993, of nonattainment pollutants or their precursors, shall offset that portion of the stationary source's potential
to emit that, after modification of the stationary source, exceeds 25 tons per year from new or modified emissions
A stationary source's potential to emit shall be calculated pursuant to Section d.4. of this rule. After the potential
to emit for a stationary source has exceeded these levels, and the applicant has provided actual emission reductions
to offset emission increases in excess of these levels, all future increases in potential to emit resulting from
the permitting of a new or modified emission unit shall be offset.
- An existing source that has the potential to emit, calculated pursuant to Section d.4. of this rule, of nonattainment
pollutants or their precursors equal to or exceeding 25 tons per year as of September 14, 1993, shall offset any
increases in potential to emit resulting from the permitting of a new or modified emissions unit.
C. Offsets shall not be required for increases in carbon monoxide if the applicant demonstrates to the satisfaction
of the APCO, through an impact analysis, that the Ambient Air Quality Standards are not violated in the areas to
be affected, and such emissions will not cause or contribute to a violation of Ambient Air Quality Standards.
D. In no case shall halogenated hydrocarbons be used as offsets.
- LOCATION OF OFFSETS AND OFFSET RATIOS
Offset ratio and the corresponding distances from the proposed stationary source shall be:
A. On-site, at a ratio of 1:1;
B. Within 20 miles, at a ratio of 1.2:1;
C. 20 to 50 miles, at a ratio of 1.5:1;
D. Over 50 miles, at a ratio of 2:1.
Use of offsite offsets must result in a net air quality benefit, as determined by the APCO.
Offsets that are obtained from a source located in another district may be used only if the provisions of Health
and Safety Code 40709.6 are met, and the involved districts enter into an agreement formalized by a memorandum
- INTERPOLLUTANT OFFSETS
The APCO may approve interpollutant offsets on a case by case basis, provided that the applicant demonstrates to
the satisfaction of the APCO, through the use of an impact analysis, that the emission increases from the new or
modified source will result in a net air quality benefit and will not cause or contribute to a violation of any
air quality standard. In such cases, the APCO may, based upon an air quality analysis, impose offset ratios greater
than the requirements of this rule.
A. Interpollutant trades between PM10 and PM10 precursors may be allowed. PM10 emission reductions shall not
be allowed to offset NOx or reactive organic compound (ROC) emissions increases in ozone nonattainment areas.
B. The PM10 emissions from an existing stationary source shall be recalculated from the TSP emissions increases
and decreases which have occurred since August 20, 1983 using applicable PM10 emission factors. When applicable
PM10 emission factors do not exist, assume 50 percent of TSP is PM10.
C. If the applicant has provided full offsets for TSP emissions occurring since August 20, 1983, but before
September 14, 1993, those TSP emissions need not be recalculated as PM10. However, any subsequent emissions increase
in PM10 emissions shall be subject to the offset requirements of the rule.
- AMBIENT AIR QUALITY STANDARDS
In no case shall the emissions from the new or modified stationary source cause or make worse the violation of
an Ambient Air Quality Standard. An impact analysis shall be used to estimate the effects of a new or modified
source. In making this determination, the APCO shall take into account the mitigation of emissions through offsets
obtained pursuant to this rule.
- DENIAL, FAILURE TO MEET STANDARDS
The APCO shall deny any Authority to Construct or Permit to Operate if the APCO finds that the subject of the application
would not comply with the standards set forth in the rule.
- COMPLIANCE BY OTHER, OWNED, OR CONTROLLED SOURCES
The owner or operator of a proposed new or modified source shall demonstrate to the satisfaction of the APCO that
all major stationary sources owned or operated by such person (or by an entity controlling, controlled by, or under
common control with such person) in California which are subject to emission limitations are in compliance or on
a schedule for compliance with all applicable emission limitations and standards.
e. AIR QUALITY IMPACT ANALYSIS
In no case shall emissions from a new or modified emissions unit, cause or make worse the violation of an Ambient
Air Quality Standard. The APCO may require an applicant to use an air quality model to estimate the effects of
a new or modified emissions unit. For the purpose of performing an impact analysis the following shall apply:
f. ADMINISTRATIVE REQUIREMENTS
g. POWER PLANTS