GLEAPCD RULE 51 NEW SOURCE REVIEW (NSR)          
LAST REVISED 11/11/11
          
          
       Sec 51.  NEW SOURCE REVIEW (NSR)

                A.  Purpose:

                    1.  The purpose of this rule is to establish
                        pre-construction review requirements for new and 
                        modified stationary sources of air pollution for 
                        use of Best Available Control Technology (BACT), 
                        analysis of air quality impacts, and to insure that 
                        the operation of such sources does not interfere 
                        with the attainment or maintenance of ambient air 
                        quality standards.

                    2.  This rule shall provide for no net increase in
                        emissions, pursuant to Section 40918 of the 
                        California Health & Safety Code, from new or 
                        modified stationary sources which emit, or have the 
                        potential to emit, 25 tons per year or more of any 
                        non-attainment pollutant or its precursors.

                B.  Applicability:

                    This rule shall apply to all new and modified
                    stationary sources which are subject to District permit
                    requirements and, after construction, emit or may emit 
                    any affected pollutants.  This rule shall apply to any 
                    application for an Authority to Construct which is 
                    deemed complete after the effective date.

                C.  Effective Date:

                    This rule shall become effective upon the date of
                    adoption.

                D.  Definitions:

                    For the purposes of this rule, the following 
                    definitions shall apply:

                    1.  Actual Emissions means the measured or estimated
                        emissions which most accurately represent the 
                        emissions from an emissions unit.
                         
                    2.  Actual Emissions Reduction (AER) means a
                        reduction in actual emissions from an emissions 
                        unit selected for emission offsets or banking.  
                        Actual emissions reductions shall be calculated 
                        pursuant to Section F. of this rule and meet the
                        following criteria:

                        a.  Actual emission reductions shall be real,
                            enforceable, quantifiable, and permanent.

                        b.  Actual emission reductions shall be in
                            excess of any emission reduction which is:

                            1.  required or encumbered by any laws,
                                rules, regulations, or orders; or

                            2.  attributed to a control measure noticed
                                for workshop, or proposed or contained in 
                                a State implementation plan; or

                            3.  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).

                        c.  Actual emission reductions attributed to a
                            proposed control measure may be re-eligible as 
                            actual emission reductions in the following 
                            circumstances:

                             1.  for control measures identified in the
                                 District's 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;
                                  
                             2.  for control measures not identified in
                                 the District's 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.

                             3.  Affected Pollutant means an air pollutant 
                                 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), the precursors to such pollutants, 
                                 and those substances regulated by the EPA 
                                 or the ARB, or listed under Section E.1. 
                                 of this rule.

                             4.  Ambient Air Quality Standards means that 
                                 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.

                             5.  Best Available Control Technology (BACT) 
                                 means for any emissions unit, the more 
                                 stringent of:

                                 a.  the most effective emission control 
                                     device, emission limit, or technique 
                                     which 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 limitations are not
                                     achievable.

                             6.  Complete Application means an application 
                                 that contains all information required by 
                                 the District to adequately evaluate the 
                                 nature and extent of potential emissions 
                                 of the 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,
                                 Division 1, Title 7 of the Government Code.

                             7.  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.

                             8.  Cost-Effective means a cost per pound of
                                 emission reduction which is deemed to be 
                                 acceptable and feasible, on a pollutant 
                                 and emissions unit basis, by the APCO.

                             9.  Daily Emissions Limitation means one or a
                                 combination of permit conditions specific 
                                 to an emissions unit which restricts its 
                                 maximum daily emissions in pounds per day, 
                                 at or below the emissions associated with 
                                 the maximum design capacity.  A daily 
                                 emissions limitation must be:

                                 a.  contained in the latest Authority to
                                     Construct and contained in or 
                                     enforceable by the latest Permit to
                                     Operate for the emissions unit; and

                                 b.  enforceable on a daily basis; and

                                 c.  established pursuant to permitting 
                                     action occurring after March 2, 1993 
                                     and used in the calculation of the
                                     net emissions change.

                            10.  Emissions Unit means an identifiable 
                                 operation or piece of process equipment 
                                 such as an article, machine, or other 
                                 contrivance which emits, may emit, or 
                                 results in the emission of any affected 
                                 pollutant directly or as fugitive 
                                 emissions.

                            11.  Fluorides means elemental fluorine and all
                                 fluoride compounds.

                            12.  Fugitive Emissions means those emissions 
                                 which could not reasonably pass through a 
                                 stack, chimney, vent, or other functionally 
                                 equivalent opening.

                            13.  Halogenated Hydrocarbons means
                                 1,1,1-trichloroethane, 
                                 trichlorofluoromethane (CFC-11),
                                 dichlorodifluoromethane (CFC-12), 
                                 chlorodifluoromethane (CFC-22),
                                 trifluoromethane (CFC-23), 
                                 methylene chloride,
                                 trichlorotrifluoroethane (CFC-113), 
                                 dichlorotetrafluoroethane (CFC-114), 
                                 and chloropentafluoroethane (CFC-115).

                            14.  Impact Analysis means 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.

                            15.  Modification means any physical change or
                                 operational change to an existing emissions 
                                 unit, including changing hours of operation 
                                 or production rate, which 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 of 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 existing unit, or 
                                     emissions control device with a
                                     functionally identical piece of 
                                     equipment and the potential to emit 
                                     any air contaminant will not be greater 
                                     from the new permit unit than from the 
                                     replaced unit, when the replaced unit 
                                     was operated at the same conditions as 
                                     if current BACT were applied.

                            16.  Net Air Quality Benefit means a net 
                                 improvement in air quality resulting from 
                                 actual emissions reductions impacting the 
                                 same general area affected by the new or 
                                 modified source.

                            17.  Non-attainment Pollutant means any 
                                 pollutant, as well as any precursors of 
                                 such pollutant, which has been designated 
                                 non-attainment by the EPA in the Federal 
                                 Register, or which has been designated 
                                 non-attainment by the ARB pursuant to
                                 Section 39607 of the California Health & 
                                 Safety Code.

                            18.  Offset means the use of an emissions 
                                 decrease to compensate for an emission 
                                 increase of an affected pollutant from
                                 a new or modified source subject to the 
                                 District's NSR rule.

                            19.  PM-10 means particulate matter with 
                                 aerodynamic diameter smaller than or equal 
                                 to a nominal 10 microns as measured by an 
                                 applicable reference test method, or 
                                 methods found in Article 2, Subchapter 6, 
                                 Title 17, California Code of Regulations 
                                 (commencing with Section 94100).

                            20.  Potential to Emit means the maximum daily
                                 capacity of an emission unit to emit a 
                                 pollutant under its physical and 
                                 operational design.  Any physical or 
                                 operational limitation on the daily 
                                 capacity of the unit to emit a pollutant,
                                 including pollution control equipment and 
                                 restrictions in hours of operation or on 
                                 the type or amount of material combusted,
                                 stored, or processed, shall be treated as 
                                 part of its design only if the limitation 
                                 or the effect it would have on daily 
                                 emissions is incorporated into the 
                                 applicable permit as an enforceable
                                 permit condition.

                            21.  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:

                                 PRECURSOR              SECONDARY AIR
                                 Reactive organic     a.  Photochemical
                                  compounds               oxidants (ozone)
                                                      b.  The organic 
                                                           fraction of PM-10

                                 Nitrogen oxides      a.  Nitrogen dioxide
                                                      b.  The nitrate 
                                                           fraction of PM-10
                                                      c.  Photochemical
                                                           oxidants (ozone)
 
                                 Sulfur oxides        a.  Sulfur dioxide
                                                      b.  Sulfates
                                                      c.  The sulfate 
                                                           fraction of PM-10
                        
                            22.  Reactive Organic Compound (ROC or ROG) 
                                 means any compound containing carbon, 
                                 except methane, carbon monoxide, carbon 
                                 dioxide, carbonic acid, metallic carbides 
                                 or carbonates, ammonium carbonates, and 
                                 halogenated hydrocarbons.

                            23.  Reconstructed Source means any source 
                                 undergoing physical modification where the 
                                 fixed capital cost of the new components 
                                 exceeds 50% of the fixed capital cost of a 
                                 comparable entirely new stationary source.  
                                 Fixed capital cost means that capital 
                                 needed to provide all the depreciable 
                                 components.

                            24.  Reduced Sulfur Compounds means the sulfur
                                 compounds hydrogen sulfide, carbon 
                                 disulfide, and carbonyl sulfide.

                            25.  Seasonal Source means any source with more 
                                 than 75% of its annual emissions occurring 
                                 within a consecutive 120-day period.

                            26.  Shutdown means either the permanent 
                                 cessation of emissions from an emitting 
                                 unit or the surrender of that unit's
                                 operating permit.  If prior to the 
                                 surrender of that unit's operating permit, 
                                 the APCO determines that the emission 
                                 unit(s) has been removed or fallen into 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 sixty days 
                                 from the notice of the District's intent 
                                 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.

                            27.  Stationary Source (Facility) means any 
                                 building, structure, or emissions unit 
                                 which emits or may emit any affected
                                 pollutant directly or as a fugitive 
                                 emission.  "Emissions unit" includes any 
                                 operation, article, machine, equipment or 
                                 other contrivance which emits or may emit 
                                 any affected pollutant.  "Building or 
                                 structure" includes all pollutant-emitting
                                 activities including emissions units which:

                                 a.  are located on one or more contiguous 
                                     or adjacent properties, and which may 
                                     be separated by a public right-of-way; 
                                     and

                                 b.  are under the same or common ownership,
                                     operation, or control, or which are 
                                     owned or operated by entities which 
                                     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.

                            28.  Total Reduced Sulfur Compounds means the 
                                 sulfur compounds hydrogen sulfide, methyl 
                                 mercaptan, dimethyl sulfide, and dimethyl 
                                 disulfide.

                E.  Requirements:

                    Any emissions unit subject to this rule shall be
                    subject to the following requirements:

                    1.  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 is equal 
                        to or exceeds the following amounts:

                          Pollutant                      Pounds per Day
                        
                          Asbestos................................0.030
                          Beryllium...............................0.002
                          Carbon monoxide.......................500.000
                          Fluorides..............................15.000
                          Hydrogen sulfide.......................50.000
                          Lead....................................3.200
                          Mercury.................................0.500
                          Nitrogen oxides........................25.000
                          Particulate matter (PM-10).............80.000
                          Reactive organic compounds.............25.000
                          Reduced sulfur compounds...............50.000
                          Sulfur oxides..........................80.000
                          Sulfuric acid mist.....................35.000
                          Total reduced sulfur compounds.........50.000
                          Vinyl chloride..........................5.000

                    2.  Offset Requirements, General.  Emission reductions 
                        shall be required from existing emission sources,
                        sufficient to offset calendar quarter emission 
                        increases of non-attainment 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 F.5. of this 
                            rule, non-attainment pollutants or their 
                            precursors equal to or exceeding 25 tons 
                            per year.

                            The amount of offsets required shall be at
                            least equal to that portion of the potential 
                            to emit which exceeds 25 tons per year.

                        b.  Offsets shall be required for a modified
                            stationary source under the following 
                            conditions:

                            1.  An existing stationary source which has a 
                                potential to emit less than 25 tons per 
                                year as of March 2, 1993, of non-attainment 
                                pollutants or their precursors shall offset 
                                that portion of the stationary source's 
                                potential to emit which, after modification 
                                of the stationary source, exceeds 25 tons 
                                per year from new or modified emissions 
                                units.  A stationary source's potential to 
                                emit shall be calculated pursuant to
                                Section F.5. of this rule.  After the 
                                potential to emit for a stationary source 
                                has exceeded these levels, and the applicant
                                has provided actual emissions reductions to 
                                offset emission increases in excess of these 
                                levels, all future increases in potential to 
                                emit resulting from the permitting of new or
                                modified emissions units shall be offset.

                            2.  An existing stationary source which has a 
                                potential to emit, calculated pursuant to 
                                Section F.5. of this rule, non-attainment 
                                pollutants or their precursors equal to or
                                exceeding 25 tons per year as of 
                                March 2, 1993, shall offset any increases 
                                in potential to emit resulting from the 
                                permitting of a new or modified emissions 
                                unit.

                        c.  Offset requirements for increases in carbon
                            monoxide:

                            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.

                    3.  Location of Offsets and Offset Ratios:

                        a.  Offset ratios and the corresponding distances
                            from the proposed stationary source shall be:

                            1.  on-site, at a ratio of 1:1;
                                 
                            2.  within 20 miles, at a ratio of 1.2:1;
                                 
                            3.  from 20 miles to 50 miles, at a ratio of
                                1.5:1;
                                 
                            4.  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.

                        b.  Offsets which are obtained from a source
                            located in another District may be used only if 
                            the provisions of Health & Safety Code 
                            Section 40709.6 are met and the involved 
                            Districts enter into an agreement formalized by 
                            a memorandum of understanding.

                    4.  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 PM-10 and PM-10
                            precursors may be allowed.  PM-10 emission 
                            reductions shall not be allowed to offset NOx 
                            or reactive organic compound (ROC) emissions 
                            increases in ozone nonattainment areas.

                        b.  The PM-10 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 PM-10 emission factors.  When 
                            applicable PM-10 emission factors do not exist, 
                            assume 50 percent of TSP is PM-10.

                        c.  If the applicant has provided full offsets for 
                            TSP emissions occurring since August 20, 1983 
                            but before March 2, 1993, those TSP emissions 
                            need not be recalculated as PM-10.  However, 
                            any subsequent emissions increase in PM-10
                            emissions shall be subject to the offset 
                            requirements of the rule.

                    5.  Ambient Air Quality Standards.  In no case shall
                        the emissions from the new or modified stationary 
                        source cause or worsen 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.

                    6.  Denial, Failure to Meet Standards.  The Air
                        Pollution Control 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 this rule.

                    7.  Compliance by Other Owned, Operated, or Controlled 
                        Sources.  The owner or operator of a proposed new 
                        or modified source shall certify to the APCO that 
                        all sources having a potential to emit in excess of 
                        25 tons per year that are owned or operated by such 
                        person (or by an entity controlling, controlled by, 
                        or under common control) in California are in
                        compliance with all applicable emission limitations 
                        and standards.
                    
                F.  Calculations:

                    1.  Purpose.  The following calculations procedures
                        shall be used to determine:

                        a.  the emissions change for all new or modified
                            emissions units; and

                        b.  actual emissions reductions for all shutdowns
                            and modified emissions units; and

                        c.  the cumulative emissions increase from all
                            new and modified emissions units for a 
                            stationary source.

                    2.  Definitions.  The following terms are used in the
                        calculations procedure and are defined as follows:

                        a.  Control Efficiency means the estimated
                            control efficiency of the proposed air 
                            pollution control technology which will be 
                            incorporated, by means of (an) enforceable 
                            permit condition(s), in the Authority to 
                            Construct and Permit to Operate.  Emission 
                            reductions attributed to lowering throughput 
                            rates or operating hours shall not be 
                            considered in determining control efficiency.

                        b.  Historic Actual Emissions means actual 
                            emissions from an existing emissions unit 
                            averaged over two consecutive years 
                            immediately preceding the date of application.
                            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 emissions 
                            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) and emissions shall 
                            be calculated under Section 52.K

                        c.  Historic Emissions means the potential to
                            emit of an existing emissions unit prior to 
                            modification.  For a new emissions unit, 
                            historic emissions are equal to zero.

                        d.  Proposed Emissions means the potential to
                            emit for a new or post-modification emissions 
                            unit.

                    3.  Procedure.  The calculation procedure shall be
                        performed separately for each pollutant and each 
                        emissions unit.  Emission increases and decreases 
                        shall be calculated separately for each calendar 
                        quarter pursuant to the following procedure:

                        a.  Calculate the emissions change for each new
                            or modified emissions unit and for each 
                            pollutant using Section F.4. of this rule.

                        b.  If an increase is calculated for a pollutant,
                            follow the procedures in Sections E.2. and E.4. 
                            of this rule to determine the amount of offsets 
                            required.

                            1.  Section E.1. to determine if BACT is
                                required.

                            2.  Sections E.2. and F.5. to determine the
                                amount of offsets required.

                        c.  If a decrease is calculated for a pollutant,
                            follow the procedures in Section F.4.b. of this 
                            rule to determine if emission reduction credits 
                            (ERC's) are generated.

                        d.  If no emissions change is calculated for a
                            pollutant, no further calculations are required.
                        
                    4.  Calculating Emissions Changes:

                        a.  Emissions Increase

                            New or Modified Emissions Unit - The emissions
                            change for a new or modified emissions unit 
                            shall be calculated by subtracting historic 
                            emissions from proposed emissions:

                            Emissions change = (Proposed emissions) -
                                               (Historic emissions)

                        b.  Actual Emissions Reductions (AER)

                            1.  Shutdown of an Emissions Unit:

                                AER = Historic actual emissions

                            2.  Modification consisting solely of
                                application of control equipment or 
                                implementation of more efficient process:

                                AER = (Historic actual emissions) x
                                      (Control efficiency)

                            3.  Other Modifications:

                                AER = (Historic actual emissions) -
                                      (Proposed emissions)

                    5.  Determining Potential to Emit for a Stationary
                        Source.  The potential to emit for a stationary 
                        source shall be equal to the sum of potentials to 
                        emit for Permits to Operate (or Authority to 
                        Construct for emissions units for which a Permit to
                        Operate has not been issued), issued prior to 
                        March 2, 1993 for each emissions unit within a 
                        stationary source.

                        In addition, emissions increases from new or 
                        modified emissions units occurring on or after 
                        March 2, 1993, shall be added to the sum of 
                        potentials to emit for existing emissions units.  
                        In no case shall the potential to emit for a 
                        stationary source be adjusted for actual emissions 
                        reductions which occur after March 2, 1993.

                G.  Air Quality Impact Analysis:

                    In no case shall emissions from a new or modified
                    emissions unit cause or worsen 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:

                    1.  Air quality models shall be consistent with the
                        requirements contained in the most recent edition 
                        of EPA's "Guidelines on Air Quality Models, 
                        OAQPS 1.2-080", unless the APCO finds that such 
                        model is inappropriate for use.  After making such 
                        a finding, the APCO may designate an alternative 
                        model only after allowing for public comment and 
                        only with the concurrence of the ARB and the EPA.  
                        All modeling costs associated with the siting of a 
                        new or modified emissions unit shall be borne by the
                        applicant;

                    2.  In performing an impact analysis, if the proposed
                        stack height is higher than is dictated by good 
                        engineering practices, the actual height used for 
                        the purposes of modeling shall be calculated in 
                        accordance with good engineering practices.
            
                H.  Administrative Requirements:

                    The following administrative requirements shall apply 
                    to this rule:
   
                     1.  Complete Application.  The APCO shall determine
                         whether the application is complete not later than 
                         thirty (30) days after receipt of the application, 
                         or after such longer time mutually agreeable to 
                         the applicant and the APCO.  If the APCO determines 
                         that the application is not complete, the applicant
                         shall be notified in writing of the decision and of 
                         the required additional information.         
                       
                         Upon receipt of any re-submittal of the 
                         application, a new thirty (30)-day period to 
                         determine the completeness shall begin.  
                         Completeness or re-submittal of an application 
                         shall be evaluated on the basis of the information 
                         requirements set forth in District regulations 
                         (adopted pursuant to Article 3, Section 65940 
                         through 65944 of Chapter 4.5, Division 1, Title 7 
                         of the Government Code) as they exist on the date 
                         on which the application or re-submitted 
                         application was received.

                         Upon determination that the application is 
                         complete, the APCO may, during the processing of 
                         the application, request an applicant to clarify, 
                         amplify, correct, or otherwise supplement the 
                         information submitted in the application.

                     2.  Air Quality Models.  Only those models approved
                         by the APCO may be used in the impact analysis.

                     3.  Preliminary Decision.  Following acceptance of an
                         application as complete, the APCO shall perform the 
                         evaluations required to determine the compliance 
                         with this rule and make a preliminary written 
                         decision as to whether an Authority to Construct 
                         should be approved, conditionally approved, or
                         disapproved.  The decision shall be supported by a 
                         written analysis.

                     4.  Publication and Public Comment.  This section
                         shall only apply to an emissions unit subject to 
                         the requirements of Section E.2. of this rule.  
                         Within ten (10) calendar days following a 
                         preliminary decision on the Authority to Construct, 
                         the APCO shall publish in at least 
                         one (1) newspaper of general circulation in the 
                         District, a notice stating the preliminary decision 
                         of the APCO noting how pertinent information can be 
                         obtained, and inviting written public comment for a 
                         thirty (30)-day period following the date of 
                         publication.  Copies of such notice shall be sent 
                         to the ARB and EPA.
                        
                     5.  Public Inspections.  The APCO shall make
                         available at the District's office the information 
                         submitted by the applicant and the APCO's analysis 
                         no later than the time that the notice of 
                         preliminary decision is published.  All such
                         information shall also be transmitted, no later 
                         than the date of publication, to the ARB and EPA 
                         regional office.  Information submitted which 
                         contains trade secrets shall be handled in 
                         accordance with Section 6254.7 of the Government 
                         Code and relevant sections of the Administrative 
                         Code of the State of California.  Further, all 
                         such information shall be transmitted no later than 
                         the date of publication to the ARB and EPA regional 
                         office.

                     6.  Authority to Construct, Final Action.  Within 
                         180 days after acceptance of an application as 
                         complete, the APCO shall take final action on the 
                         application after considering all written comments.  
                         The APCO shall provide written notification of the 
                         final action to the applicant, ARB, and EPA, and 
                         shall make the notification and all supporting 
                         documents available for public inspection at the 
                         District's office for all Authorities to Construct 
                         issued for emissions units subject to the 
                         requirements of Section E.2. of this rule.

                     7.  Requirements, Permit to Operate.  As a condition
                         for the issuance of a Permit to Operate, the APCO 
                         shall require that the new source or modification, 
                         and any sources which provide offsets will be 
                         operated in the manner assumed in making the 
                         analysis to determine compliance with this rule.

                         The Permit to Operate shall include daily
                         emissions limitations, including BACT.  As a 
                         condition for the issuance of a Permit to Operate, 
                         any stationary source which provides emission 
                         offsets shall be subject to enforceable permit
                         conditions, containing specific emissions 
                         limitations, and/or operational limitations which 
                         ensure that the emission reductions will be 
                         provided in accordance with the provisions of this 
                         rule and shall continue for the reasonably expected 
                         life of the proposed source.

                         Where the source of offsets is a non-permitted
                         source, the District shall require the 
                         non-permitted source to obtain an enforceable 
                         permit, complete with operational and emission 
                         limitations.  If the source of offsets is a 
                         permit-exempt piece of equipment, that particular 
                         source must relinquish its exempt status.

                         If the District, pursuant to state laws or District 
                         regulations, cannot permit the source of offsets, 
                         the source creating the offsets shall execute a 
                         legally binding contract between the applicant and 
                         the owner or operator of such offset source, which 
                         contract, by its terms, shall be enforceable by the 
                         APCO.  A violation of the emission limitation 
                         provisions of any such contract shall be chargeable 
                         to the applicant.

                     8.  Issuance, Permit to Operate.  The APCO shall
                         issue a Permit to Operate for any stationary source 
                         which meets the requirements of this rule.

                         Any offsets required as a condition of an
                         Authority to Construct or amendment to a Permit to 
                         Operate shall commence not later than the initial 
                         operation of the new or modified source, and the 
                         offsets shall be maintained throughout the 
                         operation of the new or modified source which is 
                         the beneficiary of the offsets.  Further, the APCO 
                         shall determine that all conditions specified in 
                         the Authority to Construct have been or will be 
                         complied with by any dates specified.  Where a 
                         new or modified stationary source is, in whole or 
                         part, a replacement for an existing stationary 
                         source on the same property, the APCO may allow a 
                         maximum of ninety (90) days as a start-up period 
                         for simultaneous operations of the existing 
                         stationary source and the new source or 
                         replacement.
                        
                     9.  Regulations in Force Govern.  The granting or
                         denial of an Authority to Construct shall be 
                         governed by the requirements of this rule in force 
                         on the date the application is deemed complete.  
                         In addition, the APCO shall deny an Authority to 
                         Construct for any new stationary source or 
                         modification, or any portion thereof, unless the 
                         new source or modification, or applicable portion 
                         thereof, complies with the provisions of this
                         rule and all other applicable District rules and 
                         regulations.

                    10.  Permit Conditions.  The APCO shall have the
                         authority to place conditions on the Authority to 
                         Construct and/or Permit to Operate which will 
                         ensure that the construction, modification, or 
                         operation of such source will comply with all
                         applicable rules and regulations.  Such conditions 
                         may include, but not be limited to:  hours of 
                         operation; processing parameters; periods of use; 
                         and emission limitations on an hourly, daily, or
                         yearly basis.

                I.  Power Plants:

                    This section shall apply to all power plants proposed
                    to be constructed in the District and for which a 
                    Notice of Intention (NOI) or Application for 
                    Certification has been accepted by the California 
                    Energy Commission (CEC).  The APCO may apply for 
                    reimbursement of all costs incurred, including lost
                    fees, in order to comply with the provisions of this 
                    section.

                    1.  Intent to Participate and Preliminary Report.
                        Within fourteen (14) days of receipt of an NOI, 
                        the APCO shall notify the ARB and the CEC of the 
                        District's intent to participate in the NOI 
                        proceeding.  If the District chooses to
                        participate in the NOI proceeding, the APCO shall 
                        prepare and submit a report to the ARB and the 
                        CEC prior to the conclusion of the 
                        non-adjudicatory hearing specified in 
                        Section 25509.5 of the Public Resources Code.  That 
                        report shall include, at a minimum:
                            
                        a.  A preliminary specific definition of BACT for
                            the proposed facility; and

                        b.  A preliminary discussion of whether there is
                            a substantial likelihood that the requirements 
                            of this rule and all other District 
                            regulations can be satisfied by the proposed
                            facility; and

                        c.  A preliminary list of conditions which the
                            proposed facility must meet in order to comply 
                            with this rule or any other applicable 
                            District regulation.

                        The preliminary determinations contained in the
                        report shall be as specific as possible within the 
                        constraints of the information contained in the 
                        NOI.

                    2.  Determination of Compliance Review.  Upon receipt
                        of an Application for Certification (AFC) for a 
                        power plant, the APCO shall conduct a 
                        Determination of Compliance review.  This
                        determination shall consist of a review identical 
                        to that which would be performed if an application 
                        for an Authority to Construct had been received 
                        for the power plant.  If the information contained 
                        in the AFC does not meet the requirements of this 
                        rule, the APCO shall, within twenty (20) calendar 
                        days of receipt of the AFC, so inform the 
                        Commission, and the AFC shall be considered 
                        incomplete and returned to the applicant for
                        re-submittal.

                    3.  Equivalency of Application.  The APCO shall
                        consider the AFC to be equivalent to an 
                        application for an Authority to Construct during 
                        the Determination of Compliance review, and shall 
                        apply all provisions of this rule which apply to 
                        an application for an Authority to Construct.

                    4.  Need for Additional Information.  The APCO may
                        request from the applicant any information 
                        necessary for the completion of the Determination 
                        of Compliance review.  If the APCO is unable to 
                        obtain the information, the APCO may petition the 
                        presiding Commissioner for an order directing the 
                        applicant to supply such information.

                    5.  Preliminary Determination.  Within 180 days of
                        accepting an AFC as complete, the APCO shall make 
                        a preliminary decision on:

                        a.  whether the proposed power plant meets the
                            requirements of this rule and all other 
                            applicable District regulations; and
     
                        b.  in the event of compliance, what permit
                            conditions will be required, including the 
                            specific BACT requirements and a description 
                            of required mitigation measures.  The 
                            preliminary written decision under Section H.5. 
                            of this rule shall be treated as a preliminary 
                            decision under Section H.3. of this rule, and 
                            shall be finalized by the APCO only after 
                            being subject to the public notice and comment 
                            requirements of Sections H.4 through H.6. of 
                            this rule.  The APCO shall not issue a
                            Determination of Compliance unless all 
                            requirements of this rule are met.

                    6.  Determination of Compliance.  Within 240 days of
                        the filing date, the APCO shall issue and submit to 
                        the Commission a Determination of Compliance or, if 
                        such a determination cannot be issued, shall inform 
                        the CEC.  A Determination of Compliance shall confer 
                        the same rights and privileges as an Authority to 
                        Construct only when and if the Commission approves 
                        the AFC, and the Commission certificate includes all 
                        conditions of the Determination of Compliance.

                    7.  Permit to Operate.  Any applicant receiving a
                        certificate from the CEC pursuant to this section 
                        and in compliance with all conditions of the 
                        certificate shall be issued a Permit to Operate by 
                        the APCO.
          
       Sec 51.1  STANDARDS FOR GRANTING APPLICATIONS.

                 A.  Before an Authorization to Construct or Permit to
                     Operate is granted, the Air Pollution Control Officer 
                     may require the applicant to provide such facilities 
                     as necessary for sampling and testing purposes in order 
                     to secure information that will disclose the nature, 
                     extent, quantity or degree of air contaminants 
                     discharged into the atmosphere from the equipment
                     described in the Authorization to Construct or Permit 
                     to Operate.  In the event of such a requirement, the 
                     Air Pollution Control Officer is required to notify 
                     the applicant in writing of the required size, number 
                     and location of sampling holes; the size and location 
                     of the sampling platform; and the utilities for 
                     operating the sampling and testing equipment.  The 
                     platform and access shall be constructed in accordance 
                     with the General Industry Safety Orders of the State of 
                     California.

                 B.  The fact that an Authorization to Construct or
                     Permit to Operate an article, machine, equipment or 
                     other contrivance described therein shall have been 
                     issued by the Air Pollution Control Officer shall not 
                     be an endorsement of such article, machine or other 
                     contrivance nor shall it be deemed or constructed to 
                     be a warranty, guarantee or representation on the
                     part of the Air Pollution Control Officer that emission 
                     standards may not be exceeded by such article, machine, 
                     equipment or other contrivance.  In every instance the 
                     person, firm or corporation to whom such authorization 
                     or permit is issued shall be and remain responsible 
                     under these regulations for each and every instance 
                     wherein emission standards are exceeded by the article,
                     machine, equipment or other contrivance described in 
                     the authorization or permit, and the fact of issuance 
                     of authorization or permit shall not be defense to or 
                     mitigation of any charge of violation.

                 C.  In acting upon a Permit to Operate, if the Air
                     Pollution Control Officer finds that the article, 
                     machine, equipment or other contrivance has been 
                     constructed not in accordance with the Authorization 
                     to Construct, he shall deny the permit.  The Air 
                     Pollution Control Officer shall not accept any further 
                     application for permit to operate any article, machine,
                     equipment or other contrivance so constructed until he 
                     finds that the article, machine, equipment or other 
                     contrivance has been reconstructed in accordance with 
                     the Authorization to Construct.

       Sec 51.2  CONDITIONAL APPROVAL.  The Air Pollution Control Officer
                 may issue an Authorization to Construct or a Permit to 
                 Operate, subject to conditions which will bring the 
                 operation of any article, machine, equipment, or other 
                 contrivance within the permit standards of these 
                 Regulations, in which case the conditions shall be 
                 specified in writing.  Commencing work under such an 
                 Authorization to Construct, or operation under such a
                 Permit to Operate, shall be deemed acceptance of all the
                 conditions so specified.  The Air Pollution Control 
                 Officer shall issue an Authorization to Construct or a 
                 Permit to Operate with revised conditions upon receipt of 
                 a new application, if the applicant demonstrates that the 
                 article, machine, equipment or other contrivance can 
                 operate within the permit standards under the revised 
                 conditions.