IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT


RULE 207 - NEW AND MODIFIED STATIONARY SOURCE REVIEW
(Adopted prior to 3/17/80; revised 9/7/93; 9/14/99)

A. General

A.1 Purpose:

A.1.a This regulation establishes preconstruction review requirements for new and modified Stationary Sources to ensure that the operation of such Sources does not interfere with the attainment or maintenance of Ambient Air Quality Standards.

A.1.b This regulation shall provide for no net increase in emissions, pursuant to Section 40918 of the Health and Safety Code, from new or modified Stationary Sources which emit or have the Potential to Emit 137 pounds per day or more of any Nonattainment Pollutant or its Precursors.

A.2 Applicability:

A.2.a This regulation shall apply to all new Stationary Sources and all Modifications to existing Stationary Sources which are subject to Air Pollution Control District permit requirements, and after Construction, emit or have the Potential to Emit one or more Affected Pollutants.

A.2.b Applications received by the Air Pollution Control District shall be subject to the requirements of this regulation in effect at the time such application is deemed complete.

B. Definitions
Terms applicable to this Rule are defined in Rule 101 - Definitions.

C. Standards

C.1 Best Available Control Technology

C.1.a An applicant shall apply Best Available Control Technology to any new Emissions Unit which has a Potential to Emit of 25 pounds per day or more of any Nonattainment Pollutant or its Precursors.


C.1.b An applicant shall apply Best Available Control Technology to any modified Emissions Unit which has a Potential to Emit of 25 pounds per day or more of any Nonattainment Pollutant or its Precursors.

C.1.c An applicant shall apply Best Available Control Technology to any new or modified Emissions Unit with a Potential to Emit equal to or greater than the following:

POLLUTANT

LBS/DAY

 Carbon monoxide (CO attainment areas only)

 550

 Lead

 3.3

 Asbestos

 0.04

 Beryllium

 0.0022

 Mercury

 0.55

 Vinyl Chloride

 5.5

 Fluorides

 16

 Sulfuric Acid Mist

 38

 Hydrogen Sulfide

 55

 Total Reduced Sulfur Compounds

 55


C.1.d For projects to be constructed in phases, the Best Available Control Technology for equipment to be added or modified in each phase shall be reevaluated no more than 18 months prior to the commencement of construction of that phase of the project. If it is determined that current Best Available Control Technology will result in lower emissions than previously determined, then current Best Available Control Technology shall be applied. Equipment which was installed during prior phases and will not be modified, shall not be subject to the redetermination of Best Available Control Technology.

C.1.e Cargo Carriers shall not be required to implement Best Available Control Technology.

C.1.f Best Available Control Technology shall not be required for any new Emissions Unit or Modification of an existing Emissions Unit used solely for the purpose of compliance with District, state, or federal air pollution control laws, regulations, or orders, as approved by the Air Pollution Control Officer, and provided there is no increase in permitted production rate, operating schedule, or maximum equipment rating. This exemption applies only to the pollutant for which compliance with District, state, or federal air pollution control laws, regulations, or orders is required.

C.1.g Best Available Control Technology shall not be required for any new Emissions Unit or Modification of an existing Emissions Unit used for voluntary reduction in emissions for the sole purpose of generating emission reduction credits. This exemption applies only to the pollutant for which emission reduction credits are obtained.

C.1.h For emergency standby equipment which meets the requirements of Section C.2.f, Best Available Control Technology shall be required for any new or modified emissions unit which has a potential to emit 25 pounds per day or more of any nonattainment pollutant or its precursors. Only those emissions which occur during routine operation for equipment maintenance purposes shall be considered for the purpose of determining if Best Available Control technology is required for this emergency standby equipment.

C.2 Offset Requirements, General: Offsets are actual emission reductions, calculated pursuant to Part E of this regulation, sufficient to Offset emission increases from a new or modified Emissions Unit. A new or modified Emissions Unit subject to the Offset requirements of this regulation shall provide Offsets for each calendar quarter as specified in Subsection C.3. Emissions to be offset shall be based on an initial estimate. Such estimate shall be based on data or test procedures acceptable to the APCO. The APCO shall require the use of the best available methods to accurately estimate the emissions from the proposed source, and shall require the best available methods to measure those emissions once the source is operating.

C.2.a Offsets shall be required for a new or modified Stationary Source with a daily Potential to Emit, calculated pursuant to Subsection E.6., equal to or exceeding the following:

POLLUTANT

LBS/DAY

 Reactive Organic Compounds

137

Nitrogen Oxides

 137

Sulfur Oxides

 137

PM10

 137

Carbon Monoxide ( See Section C.2.g.)

 137

C.2.b An existing Stationary Source with a Potential to Emit equal to or exceeding 137 pounds per day of nitrogen oxides, reactive organic compounds, carbon monoxide, sulfur oxides, or PM10, as of September 7, 1993, shall Offset all emission increases, including cargo carrier emissions, from any new or modified Emissions Unit at the Stationary Source occurring after September 7, 1993.

C.2.c A new Stationary Source or Modification of an existing Stationary Source which, on or after September 7, 1993, will result in a Potential to Emit for the Stationary Source of 137 pounds per day or more of nitrogen oxides, reactive organic compounds, carbon monoxide, sulfur oxides, or PM10, shall Offset all emission increases, including cargo carrier and fugitive emissions, which cause the Stationary Source Potential to Emit to exceed 137 pounds per day of nonattainment pollutants, including nitrogen oxides, reactive organic compounds, carbon monoxide, sulfur oxides, or PM10. 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, all future emission increases from new or modified Emissions Units shall be Offset. Major Sources (as defined in Rule 900) shall offset all Emission Increases occurring since September 7, 1993, not just those increases which cause the Stationary Source Potential to Emit to exceed 137 pounds per day.

C.2.d The PM10 emissions from an existing Stationary Source shall be recalculated from the total suspended particulate using applicable PM10 emission factors. When applicable PM10 emissions factors do not exist, assume 50% of the total suspended particulates is PM10.

C.2.e In no case shall Halogenated Hydrocarbons be used as Offsets for Reactive Organic Compounds.

C.2.f The Air Pollution Control Officer may exempt an applicant from the requirements of Sections C.2. and C.3. of this regulation for Equipment to be used exclusively as emergency standby Equipment for non-utility electrical power generation and not used in conjunction with any utility voluntary demand reduction program, provided:

C.2.f.1 Operation for maintenance purposes shall be limited to 100 hours per year, and such maintenance shall be scheduled in cooperation with the Air Pollution Control District so as to have no adverse air quality impact, and to maintain Reasonable Further Progress, and

C.2.f.2 Operation for other than maintenance purposes shall be limited to Actual Interruptions of Power by the serving utility. Appropriate record keeping shall be required to verify and maintain any exemption.

C.2.g Offsets for carbon monoxide emissions from Sources located in attainment areas shall not be required if the applicant demonstrates to the satisfaction of the Air Pollution Control Officer, pursuant to Part F of this regulation, that carbon monoxide Ambient Air Quality Standards are not violated in the areas to be affected, and the carbon monoxide emission increases will not cause or contribute to a violation of Ambient Air Quality Standards.

C.2.h Upon approval by the Air Pollution Control Officer, an exemption from sections C.2.a, C.2.b, C.2.c, and C.2.g shall be allowed, provided BACT is utilized, for the following subject permit units:

C.2.h.1 Abrasive Blasting Equipment: Such portable equipment which complies with the provisions of C.2.h.4.

C.2.h.2 Air Pollution Control Devices: Emission Increases from an emissions unit that results from the installation, operation or other implementation of any emission control device or technique used to comply with a District, State, or Federal emission control requirement, including, but not limited to, requirements for the use of Reasonably Available Control Technology or Best Available Retrofit Control Technology, unless there is a modification that results in an increase in the capacity of the unit being controlled.

C.2.h.3 Emergencies: Emergencies which comply with the provisions of the Hearing Board Procedures for which offsets are not required under those procedures.

C.2.h.4 Portable Equipment: Portable Emissions Units, which have been registered under the Statewide Portable Equipment Program and that are periodically relocated, and is not used more than 90 calendar days at any one location in the Air Pollution Control District within a 12 month period, and which does not emit more than 25 tons/year of a single pollutant.
Portable Emissions Units emitting more than 250 lbs/day of a single pollutant must demonstrate by Modeling to the satisfaction of the Air Pollution Control Officer that the emission increases from the unit, in conjunction with all other applicable emissions, would not cause or contribute to a violation of an air quality standard.

C.3 Location of Offsets and Offset Ratios:

C.3.a A new or modified Stationary Source subject to the Offset requirements of this regulation shall provide Offsets for each calendar quarter equal to the Emission Increase for each calendar quarter, calculated in accordance with Part E of this regulation, and multiplied by using the appropriate Offset ratio listed in the following table:

LOCATION Offset RATIO
 Within the same Source 1 to 1
 Within 50 miles of the Source 1.2 to 1
 More than 50 miles from the Source, and within air basin Determined by the Air Pollution Control Officer but no greater than 3 to 1 or less than 1.2 to 1
   

LOCATION Offset RATIO
Within the same Source 1 to 1
Within 50 miles of the Source 1.2 to 1
More than 50 miles from the Source, and within air basin Determined by the Air Pollution Control Officer but no greater than 3 to 1 or less than 1.2 to 1


C.3.b Offsets shall be obtained from emission sources located within the same nonattainment area within the District as the proposed source unless (1) the offset source is in the same air basin and in a nonattainment area with equal or worse nonattainment status, and (2) emissions from the offset source have been shown to contribute to the violation of the air quality standard in the vicinity of the proposed source.

C.4 Offset Requirements:

C.4.a Offsets which are obtained pursuant to Sections C.2. and C.3. in a District other than that in which the proposed Source is located, and within the same air basin may be used only if the Air Pollution Control Officer has reviewed the permit conditions issued by the Air Pollution Control District in which the proposed Offsets are obtained and certifies that such Offsets meet the requirements of these regulations and will not be used as mitigation for any other new or modified Emissions Units.

C.4.b Interpollutant Offsets, including interpollutant trades between PM10 and PM10 precursors, may be approved by the Air Pollution Control Officer on a case-by-case basis, provided that the trade is technically justified and that the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that the emissions from the new or modified Source will not cause or contribute to a violation of an ambient air quality standard. In such cases, the Air Pollution Control Officer shall, based on an air quality impact analysis, impose Offset ratios equal to or greater than those required in Section C.3. of this regulation. Interpollutant trades between PM10 and PM10 Precursors may be allowed. PM10 emissions reductions shall not be allowed to Offset nitrogen oxide or reactive organic compounds Emission Increases in ozone Nonattainment Areas. PM10 emissions reductions shall not be allowed to Offset sulfur oxide Emission Increases in sulfate Nonattainment Areas. Interpollutant Offsets used to meet federal Nonattainment Area Offset requirements shall be approved by the U.S. Environmental Protection Agency.

C.4.c Offsets for new or modified Stationary Sources shall occur during the same time period as the Stationary Source will operate, unless the Offsets meet the Emission Reduction Credit provisions of these rules and are approved by the Air Pollution Control Officer and the California Air Resources Board.

C.4.d Source Shutdowns or permanent curtailments in production or operating hours occurring before an application for an ERC is filed per Rule 214 may not be used as Offsets.

C.4.e Emissions Offsets shall not be required for cogeneration or resource recovery projects which meet the requirements of Health and Safety Code Section 42314 where the Air District has established an alternative energy offset bank which contains sufficient offsets for the project. Offset credits shall be allowed for certain biowaste fueled electric generation projects as specified in Health and Safety Code Section 41605.6.

C.5 Additional Source Requirements:

C.5.a Alternative Siting: The applicant shall prepare an analysis functionally equivalent to the requirements of Division 13, Section 21000 et. seq. of the Public Resources Code for Sources for which an analysis of alternative sites, sizes, and production processes is required under Section 172 of the Federal Clean Air Act.

C.5.b Ambient Air Quality Standards:

C.5.b.1 Emissions from a new or modified Emissions Unit shall not cause or make worse a violation of an Ambient Air Quality Standard. Part F of this regulation shall be used to estimate the effects of a new or modified Emissions Unit. In making this determination the Air Pollution Control Officer shall take into account the increases in minor and secondary source emissions as well as the mitigation of emissions through Offsets obtained pursuant to this regulation.

C.5.b.2 At the discretion of the Air Pollution Control Officer, a new or modified Emissions Unit shall be exempt from the provisions of Subsection C.5.b.1 provided:

C.5.b.2(a) Offsets have been provided for all increases in permitted emissions including fugitive, cargo carrier, and Secondary Emissions, or

C.5.b.2(b) the Emissions Unit is not subject to the Best Available Control Technology and Offset requirements of this Rule.

C.5.c Compliance By Other Owned, Operated, Or Controlled Sources: The Owner or Operator of a proposed new or modified Emissions Unit shall demonstrate to the satisfaction of the Air Pollution Control Officer that all Stationary Sources owned or operated by such Person (or by any entity controlling, controlled by, or under common control of 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.

C.5.d Projects which burn municipal waste, landfill gas or digester gas shall be reviewed consistent with Health and Safety Code Section 42314.1 and 42315.

D. Administrative Requirements

The following administrative requirements, in addition to other requirements specified in these rules, shall apply to all applications for a new or modified Emissions Unit, except for the review of power plants over 50 megawatts. Power plants over 50 megawatts shall be subject to the administrative requirements of Section D.9.

D.1 (Reserved)

D.2 (Reserved)

D.3 (Reserved)

D.4 (Reserved)

D.5 (Reserved)

D.6 Authority To Construct - General Conditions:

D.6.a An Authority to Construct shall not be issued unless the new or modified Emissions Unit complies with the provisions of this regulation and all applicable Air Pollution Control District rules and regulations and the provisions of Division 26 of the Health and Safety Code.

D.6.b An Authority to Construct shall require a new or modified Emissions Unit be built in accordance with specifications and plans contained in the application and approved by the Air Pollution Control Officer.

D.6.c An Authority to Construct shall contain all conditions deemed necessary by the Air Pollution Control Officer to assure Construction and operation of an Emissions Unit in the manner assumed in making the analysis to determine compliance with this regulation and all applicable Air Pollution Control District rules and regulations.

D.6.d An Authority to Construct shall include all conditions deemed necessary by the Air Pollution Control Officer to assure compliance with the Offset requirements of this regulation.

D.6.e An Authority to Construct permit shall include daily emission limits which reflect applicable emission standards.

D.6.f An Authority to Construct permit shall address the potential to impact air quality (including visibility) of any Class 1 federal area.

D.6.g Prior to approving a permit for a Source which emits hazardous air emissions and which is located within 1,000 feet from the outer boundary of a school site, the Air Pollution Control Officer shall implement the provisions of Health and Safety Code Section 42301.6 through 42301.9.

D.7 Permit to Operate - General Conditions:

D.7.a A Permit to Operate shall require that a new or modified Emissions Unit be operated in the manner assumed in making the analysis to determine compliance with this regulation and all applicable Air Pollution Control District rules and regulations and as conditioned in the Authority to Construct.

D.7.b A Permit to Operate shall include daily emission limits which reflect applicable emission limitations.

D.7.c Prior to the issuance of a Permit to Operate the Air Pollution Control Officer shall make a determination that the Source complies with the conditions established in the Authority to Construct.

D.8 Offset Conditions:

D.8.a For any Stationary Source which provides emissions Offsets, the Source's Permit to Operate shall be subject to Enforceable permit conditions containing specific operational and emissions limitations, which ensure that the emissions reductions will be provided in accordance with the provisions of this regulation and shall continue for the reasonably expected life of the proposed Source which requires Offsets. Where the source of Offsets is not subject to a permit, a written contract shall be required between the applicant for the Source requiring Offsets and the Owner or Operator of the Offset source, which contract, by its terms, shall be subject to the approval of, and Enforceable by the Air Pollution Control Officer. The Offset permits and contracts shall be submitted to the Air Resources Board for review and comment. A violation of the emissions limitation provisions of any such contract shall be chargeable to the applicant.

D.8.b Offsets required as a condition of an Authority to Construct or a Permit to Operate shall be Enforceable at the time of permit issuance and shall be in effect not later than the date of initial operation of the new or modified Emissions Unit. Where a new or modified Emissions Unit requires a shake-down period, and is a replacement for an existing Emissions Unit on the same or Contiguous Property, the Air Pollution Control Officer may allow a maximum of 90 days as a start-up period for simultaneous operation of the existing Emissions Unit and the replacement Emissions Unit.

D.8.c For Major Projects (as defined in Rule 900) which are constructed in phases, the Authority to Construct shall clearly identify each phase of the project, the Emission Units to be added at each phase, and the permitted emissions associated with those Emission Units. The initial Authority to Construct for the project shall identify sufficient offsets for all project phases in order to confirm project feasibility. The offsets for each phase shall (1) be implemented prior to the initiation of construction of that phase, (2) shall remain in effect for the life of the equipment installed in that phase, (3) shall meet the rules and regulations in effect at the time of initiation of construction for that phase, and (4) shall be reevaluated for consistency with local, state and federal requirements by the Air District not more than 18 months prior to the initiation of construction for that phase. The Permit to Operate for each phase of the project shall be issued separately, after the District finds that the above requirements, in addition to other applicable requirements of these rules and regulations, have been met.

D.9 Power Plants: This section shall apply to all power plants proposed to be constructed in the Air Pollution Control District and for which a Notice of Intention (NOI) or Application for Certification (AFC) has been accepted by the California Energy Commission.

D.9.a Within 14 days of receipt of a Notice of Intention, the Air Pollution Control Officer shall notify the Air Resources Board and the California Energy Commission of the Air Pollution Control District's intent to participate in the Notice of Intention proceeding. If the Air Pollution Control District chooses to participate in the Notice of Intention proceeding, the Air Pollution Control Officer shall prepare and submit a report to the California Air Resources Board and the California Energy Commission prior to the conclusion of the nonadjudicatory hearing specified in Section 25509.5 of the California Public Resources Code. That report shall include, at a minimum:

D.9.a.1 A preliminary specific definition of Best Available Control Technology for the proposed facility;

D.9.a.2 A preliminary discussion of whether there is substantial likelihood that the requirements of this regulation and all other Air Pollution Control District rules and regulations can be satisfied by the proposed facility;

D.9.a.3 A preliminary list of conditions which the proposed facility must meet in order to comply with this regulation or any other applicable Air Pollution Control District rules or regulations.

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

D.9.b Upon receipt of an application for certification for a power plant, the Air Pollution Control Officer 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 a authority to construct had been received for the power plant. If the information contained in the application for the certification does not meet the requirements of this regulation, the Air Pollution Control Officer shall, within 20 calendar days of receipt of the application for certification, so inform the California Energy Commission, and the application for certification shall be considered incomplete and returned to the applicant for re-submittal.

D.9.c The Air Pollution Control Officer shall consider the application for certification to be equivalent to an application for a authority to construct during the determination of compliance review, and shall apply all provisions of this regulation which apply to applications for an authority to construct.

D.9.d The Air Pollution Control Officer may request from the applicant any information necessary for the completion of the determination of compliance review. If the Air Pollution Control Officer is unable to obtain the information, the Air Pollution Control Officer may petition the presiding Commissioner of the California Energy Commission for an order directing the applicant to supply such information.

D.9.e Within 180 days of accepting an application for certification as complete, the Air Pollution Control Officer shall make a preliminary decision on:

D.9.e.1 whether the proposed power plant meets the requirements of this regulation and all other applicable Air Pollution Control District regulations; and

D.9.e.2 in the event of compliance, what permit conditions will be required including the specific Best Available Control Technology requirements and a description of required mitigation measures. The preliminary written decision under Subsection D.9.e. shall be treated as a preliminary decision under Rule 206, and shall be finalized by the Air Pollution Control Officer only after being subject to the public notice and comment requirements of Rule 206. The Air Pollution Control Officer shall not issue a determination of compliance unless all requirements of this regulation are met.

D.9.f Within 240 days of filing date, the Air Pollution Control Officer shall issue and submit to the California Energy Commission a determination of compliance or, if such a determination cannot be issued, shall so inform the California Energy Commission. A determination of compliance shall confer the same rights and privileges as an authority to construct only when and if the California Energy Commission approves the application for certification, and the California Energy Commission certificate includes all conditions of the determination of compliance.

D.9.g Any applicant receiving a certificate from the California Energy Commission pursuant to this section and in compliance with all conditions of the certificate shall be issued a Permit to Operate by the Air Pollution Control Officer.

E. Calculations

E.1 to E.3 (Reserved)

E.4 Calculation Of Offsets Required: Calendar quarter calculations used for determining Offsets required shall be determined as follows:

E.4.a the daily Emission Increase multiplied by the number of permitted operating days in each calendar quarter; or

E.4.b the Potential to Emit on a Quarterly basis, provided that in addition to daily Emissions Limitations, the Authority to Construct and Permit to Operate contain Enforceable conditions which limit emissions from the Emissions Unit for each calendar quarter.

E.5 Calculation Of Actual Emissions Reductions To Be Used As Offsets: Actual Emissions Reductions (AERs) resulting from Modifications to existing Emissions Units shall be calculated based on emission reductions from the Historic Actual Emissions for that Emissions Unit. Only positive values so calculated may qualify as AERs. Prior to use as Offsets, all AERs must qualify for deposit into the Air Pollution Control District's Emissions Reduction Credit Bank. AER calculations shall be adjusted based on the provisions of E.5.d.


E.5.a AERs from the Shutdown of an Emissions Unit shall be calculated as follows:

AERs = Historic Actual Emissions

E.5.b When the Modification consists solely of application of Control Equipment or implementation of more efficient process, the AERs shall be calculated as follows:

AERs = Historic Actual Emissions multiplied by the Control Efficiency


E.5.c AERs from other Modifications shall be calculated as follows:


AERs = Historic Actual Emissions minus the post-modification Potential to Emit.

E.5.d Actual emission reductions shall meet the following criteria:

E.5.d.1 Shall be Real, Enforceable, Quantifiable, and Permanent.

E.5.d.2 Shall be in excess of any emissions reduction which is (1) required or encumbered by any applicable laws, rules, regulations, agreements, orders, or (2) attributed to a control measure noticed in the Air Pollution Control District for workshop, or (3) contained in an adopted District Plan, State Implementation Plan or California Clean Air Act Attainment Plan applicable to the Air Pollution Control District.

E.5.d.3 Emission reductions attributed to a proposed control measure, may be re-eligible as an actual emission reduction if (1) for control measures identified in an Air Pollution Control District air quality plan or State Implementation Plan, no rule has been adopted within two years from the scheduled adoption date, unless the Air Pollution Control Officer has extended the scheduled adoption date, or if (2) for control measures not identified in an Air Pollution Control District air quality plan or State Implementation Plan, no rule has been adopted within two years from the date of the latest public workshop notice.

E.5.d.4 Emission reductions achieved before Clean Air Act Amendments of 1990 must be included in the inventory as growth to be eligible for use.

E.6 Calculation of Stationary Source Potential to Emit: 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 September 7, 1993, for each Emissions Unit within a Stationary Source. In addition, increases in the Potential to Emit from new or modified Emissions Units, occurring on or after September 7, 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 reductions in the Potential to Emit for any Emissions Unit which occur after September 7, 1993.



F. Air Quality Impact Analysis

F.1 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 Air Pollution Control Officer 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 air quality impact analysis the following shall apply:

F.2 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 Air Pollution Control Officer finds that such model is inappropriate for use. After making such a finding the Air Pollution Control Officer may designate an alternate model only after allowing for public comment and only with the concurrence of the California Air Resources Board and the Environmental Protection Agency. All Modeling costs associated with the siting of a new or modified Emissions Unit shall be borne by the applicant.

F.3 In performing an air quality 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.

G. Community Bank Allowance

G.1 The Community Bank is established by the Air Pollution Control District Board for the purpose of providing Offsets not otherwise or readily available to Stationary Source categories specified in Rule 215 (Community Bank and Priority Reserve) and thus allowing Sources to comply with the Offset provisions of Subsection C.2. of this Rule.

G.2 The Community Bank is funded by preserving a portion of all Actual Emission Reductions calculated in accordance with Section E of this Rule. A registry of community bank Offset credits shall be maintained by the Air Pollution Control District and shall be made available for public inspection. The Community Bank shall be funded by the following:

G.2.a Ten percent of all onsite Actual Emissions Reductions created after September 7, 1993.

G.2.b The excess Offsets required and obtained pursuant to Offset ratios for all Offsets required since September 7, 1993. For the purpose of this Subsection, excess Offsets are all Actual Emissions Reductions in excess of a 1 to 1 ratio, on the basis of a pound of reductions per pound of increase in emissions, provided as Offsets.

G.2.c Any unclaimed actual Emission Reduction Credits since September 7, 1993, which are Real, Enforceable, Quantifiable, Permanent and are not already accounted for in an air quality attainment plan.

G.2.d Any emissions reductions specifically identified in the California Clean Air Act Plan for funding the Community Bank.