KERAPCD RULE 210.4 PREVENTION OF SIGNIFICANT DETERIORATION
LAST REVISED 05/00/89


RULE 210.4  Prevention of Significant Deterioration - 
            Adopted 9/24/84, Amended 11/18/85, Renumbered 5/89

"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.

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

            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 Untied 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:

            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.

          2. 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.

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

             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:

             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.

          7. 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:

                 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

          2. 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.

          3. 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:

            a.  Construction commenced on the source of
                modification before August 7, 1977.  The EPA
                PSD Regulations as in effect before August 7,
                1977, shall govern the review and permitting of
                any such source of modification; or

            b.  The source or modification was subject to the
                review requirements of the EPA PSD Regulations
                as in effect before March 1, 1978, and the owner
                or operator:

                (1) Obtained under the EPA PSD Regulations a
                    final approval effective before March 1,
                    1978;

                (2) Commenced construction before March 19,
                    1979; and

                (3) Did not discontinue construction for a
                    period of 18 months or more and completed
                    construction within a reasonable time; or

            c.  The source or modification was subject to the
                EPA PSD Regulations as in effect before March 1,
                1978, and the review of an application for
                approval for the stationary source or
                modification under the EPA PSD Regulations would
                have been completed by March 1, 1978, but for an
                extension of the public comment period pursuant
                to a request for such an extension.  In such a
                case, the application shall continue to be
                processed, and granted or denied, under the EPA
                PSD Regulations as in effect prior to March 1,
                1978; or

            d.  The source of modification was not subject to
                the EPA PSD Regulations ad in effect before
                March 1, 1978, and the owner or operator:

                (1) Obtained all final Federal, State, and local
                    preconstruction approvals or permits
                    necessary under the Kern County portion of
                    the California Plan before March 1, 1978;

                (2) Commenced construction before March 19,
                    1979; and

                (3) Did not discontinue construction for a
                    period of 18 months or more and completed
                    construction within a reasonable time; or

            e.  The source or modification was not subject to
                EPA PSD Regulations as in effect on June 19,
                1978 or under the partial stay of PSD
                Regulations published in the Federal Register on
                February 5, 1980 (45 FR 7800), and the owner or
                operator:

                (1) Obtained all final Federal, State, and local
                    preconstruction approvals or permits
                    necessary under the Kern County portion of
                    the California Plan; and

                (2) Commenced construction within 18 months from
                    August 7, 1980 or any earlier time required
                    under the Kern County portion of the
                    California Plan; and

                (3) Did not discontinue construction for a
                    period of 18 months or more and completed
                    construction within a reasonable time; or

            f.  The source or modification would be a non-profit
                health or non-profit educational institution, or
                a major modification would occur at such an
                institution; or

            g.  The source or modification would be a major
                stationary source or major modification only if
                fugitive emissions, to the extent quantifiable,
                are considered in calculating the potential to
                emit of the stationary source or modification
                and the source does not belong to any of the
                following categories:

                 (1) Coal cleaning plants (with thermal dryers);

                 (2) Kraft pulp mills;

                 (3) Portland cement plant;

                 (4) Primary zinc smelters;

                 (5) Iron and steel mills;

                 (6) Primary aluminum ore reduction plants;

                 (7) Primary copper smelters;

                 (8) Municipal incinerators capable of charging
                     more than 250 tons of refuse per day;

                 (9) Hydrofluoric, sulfuric, or nitric acid
                     plants;

                (10) Petroleum refineries;

                (11) Lime plants;

                (12) Phosphate rock processing plants;

                (13) Coke oven batteries;

                (14) Sulfur recovery plants;

                (15) Carbon black plants (furnace process);

                (16) Primary lead smelters;

                (17) Fuel conversion plants;

                (18) Sintering plants;

                (19) Secondary metal production plants;

                (20) Chemical process plants;

                (21) Fossil-fuel boilers (or combination
                     thereof) totaling more than 250 million
                     British Thermal Units per hour heat input;

                (22) Petroleum storage and transfer units with a
                     total storage capacity exceeding 300,000
                     barrels;

                (23) Taconite ore processing plants;

                (24) Glass fiber processing plants;

                (25) Charcoal production plants;

                (26) Fossil fuel-fired steam electric plants of
                     more than 250 million British Thermal Units
                     per hour heat input;

                (27) Any other stationary source category which,
                     as of August 7, 1980, has an applicable New
                     Source Performance Standard or a National
                     Emission Standard for Hazardous Air
                     Pollutants; or

            h.  The source is a portable stationary source
                which has previously received a permit under
                Section II, and

                (1) The owner or operator proposes to relocate
                    the source and emissions of the source at a
                    new location that would be temporary; and

                (2) The emissions from the source would not
                    exceed its allowable emissions; and

                (3) The emissions from the source would impact
                    no Class I area and no area where an
                    applicable increment is known to be
                    violated; and

                (4) Reasonable notice is given to the APCO prior
                    to the relocation identifying the proposed
                    new location and the probable duration of
                    operation at the new location.  Such notice
                    shall be given to the APCO not less than
                    10 days in advance of the proposed
                    relocation unless a different time duration
                    is previously approved by the APCO.

        5.  The requirements of Paragraphs C. through K. of
            Section II. shall not apply to a major stationary
            source or major modification with respect to a
            particular pollutant if the owner or operator
            demonstrates that as to that pollutant, the source
            or modification is located in an area designated as
            non-attainment under the Clean Air Act.

        6.  The requirements of Paragraphs D, F, and H of
            Section II shall not apply to a major stationary
            source or major modification with respect to a
            particular pollutant, if the allowable emissions of
            that pollutant from the source, or the net emissions
            increase of that pollutant from the modification:

            a.  Would impact no Class I area and no area where
                an applicable increment is known to be violated;
                and

            b.  Would be temporary.

        7.  The requirements of Paragraph D, F, and H of
            Section II as they relate to any maximum allowable
            increase for a Class II area shall not apply to a
            major modification at a stationary source that was
            in existence on March 1, 1978, if the net increase
            in allowable emissions of each pollutant subject to
            regulation under the Clean Air Act from the
            modification after the application of Best Available
            Control Technology would be less than 50 tons per
            year.

        8.  The APCO may exempt a stationary source or
            modification from the requirements of Paragraph II F
            with respect to monitoring for a particular
            pollutant if:

            a.  The emissions increase of the pollutant from the
                new source or the net emissions increase of the
                pollutant from the modification would cause, in
                any area, air quality impacts less than the
                following amounts:

                Carbon Monoxide - 575 ug/m3, 8-hour average;
                Nitrogen Dioxide - 14 ug/m3, annual average;
                Total Suspended Particulate - 10 ug/m3, 24-hour
                  average;
                Sulfur Dioxide - 13 ug/m3, 24-hour average;
                Ozone - No de minimis air quality level is
                  provided;
                Lead - 0.1 ug/m3, 24-hour average;
                Mercury - 0.25 ug/m3, 24-hour average;
                Beryllium - 0.0005 ug/m3, 24-hour average;
                Fluorides - 0.25 ug/m3, 24-hour average;
                Vinyl Chloride - 15 ug/m3, 24-hour average;
                Total Reduced Sulfur - 10 ug/m3, 1-hour average;
                Hydrogen Sulfide - 0.04 ug/m3, 1-hour average;
                Reduced Sulfur Compounds - 10 ug/m3, 1-hour
                  average; or
     
            b.  The concentrations of the pollutant in the area
                that the source or modification would affect are
                less than the concentrations listed in
                Paragraph II.B.8.a., or the pollutant is not
                listed in Paragraph II.B.8.a.

        9.  The requirements for Best Available Control
            Technology in Paragraph C. of Section II. and the
            requirements for air quality analyses in
            Paragraph II.F.1. shall not apply to a particular
            stationary source or modification that was subject
            to EPA PSD Regulations as in effect on June 19,
            1978, if the owner or operator of the source or
            modification submitted an application for a permit
            under those regulations before August 7, 1980, and
            the EPA Administrator subsequently determines that
            the application as submitted before that date was
            complete.  Instead, the requirements of EPA PSD
            Regulations, Sections (j) and (n), as in effect on
            June 19, 1978 apply to any such source or
            modification.

     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.

        2.  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.

        3.  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.

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

            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.

                         Maximum Allowable Increase
                        (micrograms per cubic meter)

            Particulate Matter:

            Annual Geometric . . . . . . . . . . . . . . . . . . . . .19
            24-Hour Maximum. . . . . . . . . . . . . . . . . . . . . .37

            Sulfur Dioxide:

            Annual Arithmetic Mean . . . . . . . . . . . . . . . . . .20
            24-Hour Maximum. . . . . . . . . . . . . . . . . . . . . .91
            3-Hour Maximum . . . . . . . . . . . . . . . . . . . . . 325

        5.  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.

        6.  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.

        7.  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:

                       Maximum Allowable Increase
                      (micrograms per cubic meter)

                          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:

            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.

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

            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.
        4.  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 Geometric 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.

        2.  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.

        2.  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.

        3.  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.

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

            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.

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

            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.
     
            4.  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:

                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 natural gas by reason of a natural gas
                curtailment plan in effect pursuant to the
                Federal Power Act over the 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.

        2.  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.

        3.  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:

            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.

        2.  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.