KERAPCD RULE 210-4 PREVENTION OF SIGNIFICANT DETERIORATION
LAST REVISED 05/02/96

RULE 210.4 - Prevention of Significant Deterioration - Adopted 9/24/84, Amended 11/18/85, 5/2/96

"This Rule becomes effective on the date the Environmental Protection Agency publishes in the Federal Register its final approval of this Rule for inclusion in the State Implementation Plan, or upon the date the Environmental Protection Agency publishes it final approval of Rule 210.1 for inclusion in the State Implementation Plan, whichever date is later."

Among other purposes, this Rule is intended to conform with EPA regulations in effect as of August 7, 1980. Some provisions of EPA regulations and guidance, listed below, may be revised in the future by EPA. Accordingly, the same provisions in this Rule may be revised, after public notice and hearing, in conformance with revisions, if any, to EPA regulations and guidance. To the extent permitted by any revised EPA regulations and guidance, this Rule's corresponding revisions may be made without making a demonstration that the revisions are equally effective and without adopting substitute control measures.

The following provisions are subject to the foregoing statement:

  1. Fugitive emissions,

  2. Federal enforceability,

  3. Secondary emissions,

  4. Crediting of source shutdowns and curtailments as offsets, and

  5. Calculating emission offset credits on the basis of actual emissions

I. Definitions

A.

  1. Actual emissions means the actual rate of emissions of a pollutant from an emissions unit as determined in accordance with Subparagraphs 2. - 4. below.

  2. In general, actual emissions as of a particular date shall equal the average rate in tons per year at which the unit actually emitted the pollutant during a two year period which precedes the particular date and which is representative of normal source operation. The Air Pollution Control Officer (hereafter call APCO) shall allow the use of a different time period upon a determination that it is more representative of normal operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

  3. The APCO may presume that the source specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

  4. For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

B. APCO means the Kern County Air Pollution Control Officer.

C. Allowable Emissions means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to Federally Enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

  1. The applicable standards set forth in the standards of Performance for New Stationary Sources or the National Emission Standards for Hazardous Air Pollutants;

  2. . Any California State Implementation Plan emission limitation including those with a future compliance date; or

  3. The emissions rate specified as a Federally Enforceable permit condition, including those with a future compliance date.

D.

  1. Baseline Area means any intrastate area (and every part thereof) designated as attainment or unclassifiable under the Clean Air Act in which the major source or major modification establishing the baseline date would construct or would have an air quality impact equal to or greater than 1 ug/m3 (annual average) of the pollutant for which the baseline date is established.

  2. Area redesignations under the Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

    a. Establishes a baseline date, or

    b. Is subject to EPA PSD Regulations and would be constructed in the same state as the State proposing the redesignation.

E.

  1. Baseline Concentration means that ambient concentration level which exists in the baseline area at the time of the applicable baseline date. A baseline concentration is determined for each pollutant for which a baseline date is established and shall include:

    a. The actual emissions representative of sources in existence on the applicable baseline date, except as provided in Paragraph I.E.2.;

    b. The allowable emissions of major stationary sources which commenced construction before January 6, 1975 but were not in operation by the applicable baseline date.

  1. The following will not be included in the baseline concentration and will affect the applicable maximum allowable increases(s):

  2. a. Actual emissions from any major stationary source on which construction commenced after January 6, 1975; and

    b. Actual emissions increases and decreases at any stationary source occurring after the baseline date.

F.

  1. Baseline Date means the earliest date after August 7, 1977 on which the first complete application is submitted by a major stationary source or major modification subject to the requirements of Rule 210.4 or EPA PSD Regulations, whichever is earlier.

  2. The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:

    a. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under the Clean Air Act for the pollutant on the date of its complete application; and

    b. In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.

G. Best Available Control Technology means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under the Clean Air Act which would be emitted from any proposed major stationary source or major modification which the APCO, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment of innovative fuel combustion techniques for control of such pollutant. In no event shall application of Best Available Control Technology result in emission of any pollutant which would exceed the emissions allowed by any applicable Standards of Performance for New Stationary Sources and the National Emission Standards for Hazardous Air Pollutants. If the APCO determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, design, equipment, work practice, or operational standards, or a combination thereof, may be prescribed instead to satisfy the requirements for the application of Best Available Control Technology. Such standard shall to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results.

H. Begin Actual Construction means in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipe work, and construction of permanent storage structures. With respect to a change in the method of operating, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

I. Building Structure, Facility or Installation means all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same Major Group (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively).

J. Clean Air Act means the Federal Clean Air Act as amended (42 U.S.C. 7401 et seq.).

K. Commence as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has:

  1. Begin, or caused to begin a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

  2. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

L. Complete means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.

M. Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit which would result in a change in actual emissions).

N. Emissions Unit means any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under the Clean Air Act.

O. EPA means the United State Environmental Protection Agency as established by Title 40 of the Code of Federal Regulations, Part 1.1 et seq.

P. EPA PSD Regulations mean the Federal regulations for the Prevention of Significant Deterioration of air quality contained in Title 40 of the Code of Federal Regulations, Section 52.21

Q. Federally Enforceable means all limitations and conditions which are enforceable by the EPA Administrator, including those requirements developed pursuant to the Standards of Performance for New Stationary Sources of the National Emission Standards for Hazardous Air Pollutants, the California State Implementation Plan, and any permit requirements established pursuant to this Rule and any New Source Review (NSR) or Prevention of Significant Deterioration (PSD) permit issued by EPA.

R. Federal Land Manager means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.

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

T. Good Engineering Practice (GEP) means, with respect to stack heights, the height necessary to insure that emissions from the stack do not result in excessive concentrations of any air pollutant in the immediate vicinity of the source. Excessive concentrations may result from atmospheric down wash, eddies, and wakes, which may be created by the source itself, nearby structures, or nearby terrain obstacles. For the purposes of this Rule, such height shall not exceed two and one-half times the height of such source unless the owner or operator of the source demonstrates that a greater height is necessary as provided under the preceding sentences. Such demonstration shall be performed to the satisfaction of the APCO after notice and opportunity for public hearing.

U. High Terrain means any area having an elevation 900 feet or more above the base of the stack of a source.

V. Indian Governing Body means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self government.

W. Indian Reservation means any Federally recognized reservation established by Treaty, Agreement, Executive Order, or Act of Congress.

X. Innovative Control Technology means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower costs in terms of energy, economics, or non-air quality environmental impacts.

Y. Low Terrain means any area other than high terrain.

Z.

  1. Major Modification means any physical change or change in the method of operation of a major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the Clean Air Act.

  2. Any net emissions increase that is considered significant for Volatile Organic Compounds shall be considered significant for ozone.

  3. A physical change or change in the method of operation shall not include:

  4. a. Routine maintenance, repair, and replacement, such that replacement does not constitute reconstruction;

    b. Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

    c. Use of an alternative fuel by reason of an order or Rule under the Clean Air Act;

    d. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

    e. Use of an alternative fuel or raw material by a stationary source locating in an attainment area which:

    1. The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any Federally enforceable permit condition which was established after January 6, 1975; or
    2. The source is approved to use under any PSD permit issued by EPA or pursuant to this Rule:

    f. An increase in the hours of operation or in the production rate, unless such change is prohibited under any Federally enforceable permit condition which was established after January 6, 1975, or

    g. Any change in ownership at a stationary source.

AA.

  1. Major Stationary Source means:

    a. Any of the following sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulation under the Clean Air Act: Fossil fuel-fired steam electric plants of more than 250 million British Thermal Units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke over batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical processing plants, fossil fuel boilers (or combination thereof) totaling more than 250 million British Thermal Units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

    b. Notwithstanding the stationary source size specified in Paragraph I.AA.1. of this Section, any stationary source which emits, or has the potential to emit 250 tons per year or more of any air pollutant subject to regulation under the Clean Air Act; or

    c. Any physical change that would occur at a stationary source not otherwise qualifying under Paragraph I.AA. as a major stationary source, if the change would constitute a major stationary source by itself.

  1. A major stationary source that is major for volatile organic compounds shall be considered major for ozone.

BB. NAAQS means any National Ambient Air Quality Standard contained in Title 40 of the Code of Federal Regulations, Part 50.

CC. National Emission Standard for Hazardous Air Pollutants means any Federal emission standard contained in Title 40 of the Code of Federal Regulations, Part 61.

DD. Necessary Preconstruction Approvals or Permits means those permits or approvals required under Federal air quality control laws and regulations which are part of the California State Implementation Plan.

EE.

  1. Net Emissions Increase means the amount by which the sum of the following exceeds zero:

    a. Any increase in actual emission from a particular physical change or change in method of operation at a stationary source; and

    b. Any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.

  1. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:

  2. a. The date 5 years for oil production operations and ten years for other sources before construction on the particular change commences; and

    b. The date that the increase from the particular change occurs.

  3. An increase or decrease in actual emissions is creditable only if the APCO or EPA Administrator has not relied on it in issuing any permit which is still in effect for the source under this Rule or EPA PSD Regulations (40 CFR 52.21) when the increase in actual emissions from the particular change occurs.

  4. An increase or decrease in actual emissions of sulfur dioxide or particulate matter which occurs before the applicable baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.

  5. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

  6. A decrease in actual emissions is creditable only to the extent that:

  7. a. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions.

    b. It is Federally enforceable at and after the time that actual construction on the particular change begins; and

    c. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

  8. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

FF. Potential to Emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on 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 emissions is Federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

GG. Secondary Emissions means emissions which would occur as a result of the construction or operation of a major stationary source or major modification itself. For the purpose of this Rule, secondary emissions must be specific, well defined, quantifiable and impact the same general area as the stationary source or modification which causes the secondary emissions. Emissions from any off site support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification.

HH. Standard of Performance for New Stationary Sources or New Source Performance Standard means any Federal emission standard contained in Title 40 of the Code of Federal Regulations, Part 60.

II. Stationary Source includes any structure, building, facility, equipment, installation or operation (or aggregation thereof or aggregation of installations) which is owned, operated, or under the control of the same person (or persons under common control), and which is located within the District on one or more contiguous or adjacent properties.

Items of air contaminant emitting equipment shall be considered aggregated into the same stationary source, and items of non-air contaminant emitting equipment shall be considered associated with air contaminant emitting equipment only if:

  1. They belong to the same two digit Standard Industrial Classification Code; or
  2. They are part of a common production process. (Common production process includes industrial processes, manufacturing processes, and any connected processes involving a common raw material.)

    Emissions from all such aggregated items of air contaminant emitting equipment and all such associated items of non-air contaminant emitting equipment of a stationary source shall be considered emissions of the same stationary source.

JJ.

  1. Significant means in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

  2. Pollutant and Emissions Rate
    Carbon Monoxides: 100 tons per year (tpy)
    Nitrogen Oxides: 40 tpy
    Sulfur Dioxide: 40 tpy
    Particulate Matter: 25 tpy
    Ozone: 40 tpy of volatile organic compounds
    Lead: 0.6 tpy
    Asbestos: 0.007 tpy
    Beryllium: 0.0004 tpy
    Mercury: 0.1 tpy
    Vinyl Chloride: 1 tpy
    Fluorides: 3 tpy
    Sulfuric Acid Mist: 7 tpy
    Hydrogen Sulfide (H2S): 10 tpy
    Total Reduced Sulfur (including H2S): 10 tpy
    Reduced Sulfur Compounds (including H2S): 10 tpy
  1. Significant means, in reference to a net emissions increase or the potential of a source to emit a pollutant subject to regulation under the Clean Air Act that Paragraph I.JJ.1. does not list, any emissions rate.
  2. Notwithstanding Paragraph I.JJ.1., "significant" means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 1 ug/m, (24-hour average).

II. Review of New Sources and Modifications in Attainment Areas

A. Federal PSD Requirements

EPA PSD Regulations apply as indicated by this Rule.

B. Source Applicability and Exemptions

  1. No stationary source or modification to which the requirements of Paragraphs C. through K. of Section II. apply shall begin actual construction without a permit which states that the stationary source of modification would meet those requirements. The APCO has authority to issue any such permit.

  2. The requirements of Paragraphs C. through K. of Section II. shall apply to any major stationary source and any major modification with respect to each pollutant subject to regulation under the Clean Air Act that it would emit except as this Section otherwise provides.

  3. The requirements of Paragraphs C. through K. of Section II. apply only to any major stationary source or major modification that would be constructed in an area designated as attainment or unclassifiable under the Clean Air Act.
  4. The requirements of Paragraphs C. through K. of Section II. shall not apply to a particular major stationary source or major modification if:

C. Control Technology Review

  1. A major stationary source or major modification shall meet each applicable emissions limitation under the California State Implementation Plan and each applicable New Source Performance Standard and National Emission Standard for Hazardous Air Pollutants.

  2. A new major stationary source shall apply Best Available Control Technology for each pollutant subject to regulation under the Clean Air Act that it would have the potential to emit in significant amounts.

  3. A major modification shall apply Best Available Control Technology for each pollutant subject to regulation under the Clean Air Act for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.

  4. For phased construction projects, the determination of Best Available Control Technology shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of Best Available Control Technology for the source.

D. Source Impact Analysis

The owner or operator of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:

  1. Any National Ambient Air Quality Standard in any air quality control region; or

  2. Any applicable maximum allowable increase over the baseline concentration in any area.

E. Air Quality Models

  1. All estimates of ambient concentrations required under Section II. shall be based on the applicable air quality models, data bases, and other requirements specified in the "Guideline on Air Quality Models" (OAQPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, April 1978) or the latest edition or update. This document is incorporated by reference.

  2. Where an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the model may be modified or another model substituted. Such a change must be subject to notice and opportunity for public comment under Paragraph J. of Section II. Written approval of the APCO and the EPA Administrator must be obtained for any modification or substitution. Methods like those outlined in the "Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, May 1978) or the latest edition or update should be used to determine the comparability of air quality models.

  3. The documents referenced in this paragraph are available for public inspection at EPA's Public Information Reference Unit and at the libraries of each of the ten EPA Regional Offices. Copies are available as supplies permit from the Library Service Office (MD-35), U.S. Environmental Protection Agency, Research Triangle Park, N.C. 27711. Also, copies may be purchased from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

F. Air Quality Analysis

  1. Preapplication Analysis

    a. Any application for a permit under Section II. shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:

    1. For the source, each pollutant that would have the potential to emit in a significant amount.

    2. For the modification, each pollutant for which it would result in a significant net emissions increase.

    b. With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the APCO determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

    c. With respect to any such pollutant (other than nonmethane-nonethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

    d. In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that if the APCO determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months), the data that is required shall have been gathered over at least that shorter period.

    e. The owner or operator of a proposed stationary source or modification of volatile organic compounds who satisfies all conditions of 40 CFR Part 51, Appendix S, Section IV may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under Paragraph II.F.1.

  1. Post-Construction Monitoring

    The owner or operator of a proposed stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the APCO determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area.

  2. Operations of Monitoring Stations

    The owner or operator of a proposed stationary source or major modification shall meet the EPA monitoring requirements of 40 CFR Part 58, Appendix B, "Ambient Air Quality Surveillance", during the operation of monitoring stations for purposes of satisfying Paragraph F. of Section II.

G. Source Information

The owner or operator of a proposed stationary source or modification shall submit all information necessary to perform any analysis or make any determination required under this Section.

  1. With respect to a source or modification to which Paragraphs C., D., F., and H. of Section II. apply, such information shall include:

    a. A description of the nature, location, design capacity, and typical operating schedule of the source of modification, including specifications and drawings showing its design and plant layout;

    b. A detailed schedule for construction of the source or modification;

    c. A detailed description as to what system of continuous emission reduction is planned for the source or modification, emission estimates, and any other information necessary to determine that Best Available Control Technology would be applied.

  1. Upon request of the APCO, the owner or operator shall also provide information on:

  2. a. The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and

    b. The air quality impact and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since the baseline date in the area the source or modification would affect.

H. Additional Impact Analyses

  1. The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.

  2. The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification.

I. Sources Impacting Federal Class I Areas - Additional Requirements

  1. Notice to EPA and Federal Land Managers

    The APCO shall provide notice of any permit application for a proposed major stationary source or major modification from which the emissions would affect a Class I area to the EPA Administrator, Federal Land Manager, and the Federal official charged with direct responsibility for management of any lands within any such area. The APCO shall provide such notice promptly after receiving the application. The APCO shall also provide the EPA Administrator, Federal Land Manager, and such Federal officials with a copy of the preliminary determination required under Paragraph J. of Section II., and shall make available to them any materials used in making that determination promptly after the APCO makes it.

  2. Federal Land Manager

    The Federal Land Manager and the Federal official charged with direct responsibility for management of such lands have an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the APCO, whether a proposed source or modification will have an adverse impact on such values.

  3. Denial - Impact on Air Quality Related Values

    The Federal Land Manager of any such lands may demonstrate to the APCO that the emissions from a proposed source or modification would have an adverse impact on the air quality - related values (including visibility) of those lands, not-withstanding that the change in air quality resulting from emissions from such source or modification would not cause of contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the APCO concurs with such demonstration, then he shall not issue the permit.

  4. Class I Variances

    The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emission from such source or modification would have no adverse impact on the air quality - related values of any such lands (including visibility), not-withstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal Land Manager concurs with such demonstration and he so certifies, the State of California may authorize the APCO, provided that the applicable requirements of Section II. are otherwise met, to issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide and particulate matter would not exceed the following maximum allowable increases over baseline concentration for such pollutants.

Particulate Matter:

Annual Geometric

24-Hour Maximum



19

37

Sulfur Dioxide:

Annual Arithmetic Mean

24-Hour Maximum

3-Hour Maximum



20

91

325

  1. Sulfur Dioxide Variance by Governor with Federal Land Manager's Concurrence

    The owner or operator of a proposed source or modification which cannot be approved under Paragraph I.4. of Section II. may demonstrate to the Governor that the source cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of twenty-four hours or less applicable to any Class I area and, in the case of Federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality - related values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increase. If such variance is granted, the APCO shall issue a permit to such source of modification pursuant to the requirements of Paragraph I.7. of Section II., provided that the applicable requirements of this Section are otherwise met.

  2. Variance by the Governor with the President's Concurrence

    In any case where the Governor recommends a variance in which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the Governor's recommendation if he finds that the variance is in the National interest. If the variance is approved, the APCO shall issue a permit pursuant to the requirements of Paragraph I.7. of Section II. provided that the applicable requirements of this Section are otherwise met.

  3. Emission Limitations for Presidential or Gubernatorial Variance

    In the base of a permit issued pursuant to Paragraph I.5. or 6. of Section II., the source or modification shall comply with such emission limitations as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which would exceed the following maximum allowable increases over the baseline concentration and to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period:

Terrain Areas

Period of Exposure Low High
24-Hour Maximum 36 62
3-Hour Maximum 130 221


J. Public Participation

  1. The APCO shall notify all applicants within 30 days as to the completeness of the application or any deficiency in the application or information submitted. In the event of such a deficiency, the date of receipt of the application shall be the date on which the APCO received all required information.

  2. Within one year after receipt of a complete application, the APCO shall:

  3. a. Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved;

    b. Make available in at least one location in each region in which the proposed source would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.

    c. Notify the public, by advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, and of the opportunity for comment at a public hearing as well as written public comment;

    d. Send a copy of the notice of public comment to the applicant, the EPA Administrator, and to officials and agencies having cognizance over the location where the proposed construction would occur as follows: any other State or local air pollution control agencies, the chief executives of the city and county where the source would be located, any comprehensive regional land use planning agency, and any State, Federal Land Manager, or Indian Governing body whose lands may be affected by emissions from the source or modification;

    e. Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source, alternatives to it, the control technology required, and other appropriate considerations;

    f. Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. The APCO shall make all comments available for public inspection in the same locations where the APCO made available preconstruction information relating to the proposed source or modification;

    g. Make a final determination whether construction should be approved, approved with conditions, or disapproved; and

    h. Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the APCO made available preconstruction information and public comments relating to the source.

K. Source Obligation

  1. Any owner or operator who constructs or operates a source of modification not in accordance with the application submitted pursuant to Section II. or with the terms of any approval to construct, or any owner or operator of a source or modification subject to Section II. who commences construction after the effective date of this Rule without applying for and receiving approval hereunder, shall be subject to appropriate enforcement action.

  2. Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The APCO may extend the 18 month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected and approved commencement date.

  3. Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the California State Implementation Plan and any other requirements under local, State, or Federal Law.

  4. At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of Paragraphs C. through K. of Section II. shall apply to the source or modification as though construction had not yet commenced on the source or modification.

L. Innovative Control Technology

  1. An owner or operator of a proposed major stationary source or major modification may request the APCO in writing no later than the close of the comment period under 40 CFR Part 124.10, "Public Notice or Permit Actions and Public Comment Period", to approve a system of innovative control technology.

  2. The APCO shall, with the consent of the Governor(s) of any other affected state(s), determine that the source or modification amy employ a system of innovative control technology, if:

    a. The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;

    b. The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under Paragraph II.C.2. by a date specified by the APCO. Such date shall not be later than 4 years from the time of startup or 7 years from permit issuance;

    c. The source or modification would meet the requirements of Paragraphs C. and D. based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the APCO;

    d. The source or modification would not before the date specified by the APCO:

    1. Cause or contribute to a violation of an applicable National Ambient Air Quality Standard; or

    2. Impact any Class I area; or

    3. Impact any area where an applicable increment is known to be violated; and

    e. All other applicable requirements including those for public participation have been met.

  1. The APCO shall withdraw any approval to employ a system of innovative control technology made under Section II., if:

  2. a. The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or

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

    c. The APCO decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

  3. If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with Paragraph II.L.3., the APCO may allow the source or modification up to an additional 3 years to meet the requirement for the application of Best Available Control Technology through use of a demonstrated system of control.

M. Ambient Air Increments

  1. In areas designated as Class I, II or III, increases in pollutant concentration over the baseline concentration shall be limited to the following:


    Maximum Allowable Increase

    (micrograms per cubic meter)

    Class I

    Pollutant

    Particulate matter

    Annual Geometic Mean - 5

    24-Hour Maximum - 10

    Sulfur Dioxide

    Annual Arithmetic Mean - 2

    24-Hour Maximum - 5

    3-Hour Maximum - 25


    Class II


    Particulate Matter

    Annual Geometric Mean - 19

    24-Hour Maximum - 37

    Sulfur Dioxide

    Annual Arithmetic Mean - 20

    24-Hour Maximum - 91

    3-Hour Maximum - 512

    Class III

    Particulate Matter

    Annual Geometric Mean - 37

    24-Hour Maximum - 75

    Sulfur Dioxide

    Annual Arithmetic Mean - 40

    24-Hour Maximum - 182

    3-Hour Maximum - 700

    For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.

  1. The APCO shall conduct an assessment of increment consumption every 2 years. The assessment of increment consumption is required in attainment areas with baseline dates and in attainment areas or portions of attainment areas that are unaffected by recent PSD permits. The APCO shall notify the EPA Administrator of any increment violations.

N. Ambient Air Ceilings

No concentration of a pollutant shall exceed:

  1. The concentration permitted under the National Secondary Ambient Air Quality Standard, or

  2. The concentration permitted under the National Primary Ambient Air Quality Standards, whichever concentration is lowest for the pollutant for a period of exposure.

O. Restrictions on Area Classifications

  1. All of the following areas which were in existence on August 7, 1977 shall be Class I areas and may not be redesignated:

    a. International parks,

    b. National wilderness areas which exceed 5,000 acres in size,

    c. National memorial parks which exceed 5,000 acres in size, and

    d. National parks which exceed 6,000 acres in size.

  1. Areas which were redesignated as Class I under regulations promulgated before August 7, 1977 shall remain Class I, but may be redesignated as provided in this Rule.

  2. Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this Rule.

  3. The following areas may be redesignated only as Class I or II:

  4. a. An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national-wide and scenic river, a national wildlife refuge, a national lake shore; and

    b. A national park on national wilderness area established after August 7, 1977 which exceeds 10,000 acres in size.

P. Redesignation

  1. All areas of the State of California (except as otherwise provided under Paragraph O. of Section II.) shall be designated either Class I, Class II, or Class III. Any designation other than Class II shall be subject to the redesignation procedures of Paragraph II.P. Redesignation (except as otherwise precluded by Paragraph O. of Section II.) may be proposed by the State of California or Indian Governing Bodies, as provided below, subject to approval by the EPA Administrator as a revision to the California State Implementation Plan.

  2. The State of California may submit to the EPA Administrator a proposal to redesignate areas of the State of California Class I or Class II provided that:

    a. At least one public hearing has been held in accordance with the procedures established for the preparation, adoption, and submittal of State Implementation Plans (40 CFR 51.4);

    b. Other states, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation were notified at least 30 days prior to the public hearing;

    c. A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation, was prepared and made available for public inspection at least 30 days prior to the hearing and the notice announcing the hearing contained appropriate notification of the availability of such discussion;

    d. Prior to the issuance of notice respecting the redesignation of an area that includes any Federal lands, the State of California has provided written notice to the appropriate Federal Land Manager and afforded adequate opportunity (not in excess of 60 days) to confer with the State of California respecting the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any Federal Land Manager had submitted written comments and recommendations, the State of California shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with the reason for making such redesignation against the recommendation of the Federal Land Manager); and

    e. The State of California has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation.

  1. Any area other than an area to which Paragraph O. of Section II. refers may be redesignated as Class III if:

  2. a. The redesignation would meet the requirements of provisions established in accordance with Paragraph P.2. of Section II.;

    b. The redesignation, except any established by an Indian Governing Body, has been specifically approved by the Governor of California, after consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the legislature, if it is not in session (unless State of California law provides that such redesignation must be specifically approved by State of California legislation) and if general purpose units of local government representing a majority of the residents of the area to be redesignated enact legislation (including resolutions where appropriate) concurring in the redesignation;

    c. The redesignation would not cause, or contribute to, a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the classification of any other area or any national ambient air quality standard; and

    d. Any permit application for any major stationary source or major modification subject to provisions established in accordance with Paragraph E. of Section II. which could receive a permit only if the area in question were redesignated as Class III, and any material submitted as part of that application, were available, insofar as was practicable, for public inspection prior to any public hearing on redesignation of any area as Class III.

  3. Lands which in the exterior boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body. The appropriate Indian Governing Body may submit to the EPA Administrator a proposal to redesignate areas Class I, Class II, or Class III provided that:

  4. a. The Indian Governing Body has followed procedures equivalent to those required of the State of California under Paragraphs P.2., P.3.C., and P.3.D. of Section II.; and

    b. Such redesignation is proposed after consultation with the State(s) in which the Indian Reservation is located and which border the Indian Reservation.

  5. The EPA Administrator shall disapprove, within 90 days of submission, a proposed redesignation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of Section II. or is inconsistent with Paragraph P. of Section II. If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved.

  6. If the EPA Administrator disapproves any proposed area designation, the State of California or Indian Governing Body, as appropriate, may resubmit the proposal after correcting the deficiencies noted by the EPA Administrator.

Q. Disputed Permits or Redesignation

If the State of California is affected by the redesignation of an area by an Indian Governing Body, or any Indian Governing Body of a tribe is affected by the redesignation of an area by a State, and disagrees with such redesignation, or if a permit is proposed to be issued for any major stationary source or major modification proposed for construction in any State which the Governor of the State of California or Indian Governing Body of an affected tribe determines will cause or contribute to a cumulative change in air quality in excess of that allowed in this part within the State of California or Indian Reservation, the Governor or Indian Governing Body may request the EPA Administrator to enter into negotiations with the parties involved to resolve such dispute. If requested by any State or Indian Governing Body involved, the EPA Administrator shall make a recommendation to resolve the dispute and protect the air quality - related values of the lands involved. If the parties involved do not reach agreement, the EPA Administrator shall resolve the dispute and his determination, or the results of agreements reached through other means, shall become part of the California State Implementation Plan and shall be enforceable as part of such plan. In resolving such disputes relating to area redesignation, the EPA Administrator shall consider the extent to which the lands involved are of sufficient size to allow effective air quality management or have air quality - related values of such an area.

R. Exclusions from Increment Consumption

  1. After notice and opportunity for at least one public hearing to be held in accordance with EPA public hearing requirements in 40 CFR Part 51.4, the APCO shall exclude the following concentrations in determining compliance with a maximum allowable increase:

    a. Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under Sections 2.(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the effective date of such an order;

    b. Concentrations attributable to the increase in emissions from sources which have converted from using emissions from such sources before the effective date of such plan;

    c. Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission related activities of new or modified sources;

    d. The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and

    e. Concentrations attributable to the temporary increase in emissions in sulfur dioxide or particulate matter from stationary sources which are affected by California State Implementation Plan revisions approved by the EPA Administrator as meeting the criteria specified in Paragraph II.R.3.

  1. No exclusion of such concentrations shall apply more than five years after the effective date of the order to which Paragraph II.R.1.a. refers or the plan to which Paragraph II.R.1.b. refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five years after the later of such effective dates.

  2. For purposes of excluding concentrations pursuant to Paragraph II.R.1.e., the proposed California State Implementation Plan revisions to be submitted to the EPA Administrator for approval must:

  3. a. Specify the time over which the temporary emissions increase of sulfur dioxide or particulate matter would occur. Such time is not to exceed two years in duration unless a longer time is approved by the APCO;

    b. Specify that the time period of excluding certain contributions in accordance with Paragraph II.R.3.a. is not renewable;

    c. Allow no emissions increase from a stationary source which would:

    1. Impact a Class I area or an area where an applicable increment is known to be violated; or

    2. Cause or contribute to the violation of a National Ambient Air Quality Standard;

    d. Require limitations to be in effect at the end of the time period specified in accordance with Paragraph II.R.3.a. which would ensure that the emissions levels from stationary sources affected by the California State Implementation Plan revision would not exceed those levels occurring from such sources before the California State Implementation Plan revision was approved.

S. Stack Heights

  1. The degree of emission limitation required for control of any air pollutant under this Rule shall not be affected in any manner by:

    a. So much of the stack height of any source as exceeds good engineering practice; or

    b. Any other dispersion technique.

  1. Paragraph II.S.1. of this Section shall not apply with respect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before then.