LAKE COUNTY AIR QUALITY MANAGEMENT DISTRICT
 
 

CHAPTER XII, Article VIII Designated Non-Major Stationary Source

Section 12.800 Designated Non-Major Stationary Source Requirements: Any major source which proposes to accept and comply with source-wide federally enforceable permit conditions such that the source becomes a Designated Non-Major Stationary Source, and is not otherwise subject to major source review or Chapter XII, may apply for a Designated Non-Major Stationary Source Operating Permit consistent with the procedures of Chapter IV and further required in this Chapter XII, Article VIII.
Section 12.810

Application for a Designated Non-Major Stationary Source Operating Permit: A source which proposes to accept federally enforceable permit conditions to limit it's potential to emit to below any applicable thresholds for a major source, and is not otherwise required to obtain or continue a major source operating permit under Chapter XII of these Rules and Regulations, may apply for a Designated Non-Major Stationary Source Operating Permit in accordance with the procedural requirements of Chapter IV, Articles I-II for an authority to construct and permit to operate, and the noticing and procedural requirements of Chapter IV, Section 605 and as further required in Chapter XII, Article VIII.

An application for a Designated Non-Major Stationary Source Operating Permit shall contain the following in addition to any requirement and criteria of Chapter IV:

  1. Identification and description of all existing emission units at the source, including sources that are exempt from permits; 
  2. A calculation of annual and daily maximum emissions of air pollutants from all emission units at the source for all operating scenarios to be permitted at the source, including all fugitive emissions
  3. Proposed federally enforceable permit conditions to limit source wide emissions to below the thresholds for a major source; and 
  4. Proposed federally enforceable permit conditions imposing record keeping and reporting requirements sufficient to determine compliance. 

The APCO shall determine if the application is complete within 30 days, unless a longer time is agreed upon by the applicant. The application shall be considered incomplete unless sufficient information is contained in the application to accurately assess and fulfill the requirements of this Section 12.810 and Section 12.830. 

Section 12.820

Timely Application for a Designated Non-Major Stationary Source Operating Permit: An application for a Designated Non-Major Stationary Source Operating Permit, or permit modification, shall be submitted in a timely manner as described below:

  1. An existing major source which elects to apply for a Designated Non-Major Stationary Source Operating Permit in order to avoid a requirement to obtain a major source permit as specified in Chapter XII, shall apply for and receive a Designated Non-Major Stationary Source Operating Permit prior to the date by which it would have to apply for a major source permit pursuant to Chapter XII. 
  2. For a modification to a Designated Non-Major Stationary Source Operating Permit which will not increase the potential to emit above those of a major source, an application shall be received by the District in accordance with the requirements of Chapter IV. 
  3. For a physical or operation change to a Designated Non-Major Stationary Source which would increase the source's potential to emit to that of a major source, the source must undergo proper pre-construction review and apply for and receive a major source review permit prior to commencing the change to include the applicable requirements of Chapter IV and Chapter XII. 
  4. Notwithstanding Section 12.820, (a), for an existing major source with actual emissions greater than those described in Section 12.200, (m1), and which seeks to become a Designated Non-Major Stationary Source, an application for a Designated Non-Major Stationary Source Operating Permit shall be received by the District no later than nine months from the date Chapter XII is adopted by the District Board
Section 12.830

Procedure and Content for Issuance or Denial of a Designated Non-Major Stationary Source Operating Permit:: The APCO shall take action on the application for a Designated Non-Major Stationary Source Operating Permit consistent with Chapter IV and as follows:

  1. Public notice: The APCO shall publish a notice, after the application is determined to be complete, in a major newspaper in the area where the facility is located, providing at least 30 days for public comment, state that permit conditions for the facility will be modified to provide a facilitywide emission limit in accordance with Chapter XII, Article VIII, to designate the source a Designated Non-Major Stationary Source exempting the source from major source review requirements and shall include information as to how the public may obtain copies of the permit conditions associated with the limit, any information regarding the modification submitted by the owner or operator of the facility, the APCO's analysis of this information, and of the effect, if any, of the modification on air quality. 
  2. The APCO shall provide to EPA a copy of each proposed and final Designated Non-Major Stationary Source Operating Permit, and EPA shall be provided a 30 day review period. 
  3. The Designated Non-Major Stationary Source Operating Permit shall include: 
    1. Federally enforceable permit conditions limiting the source's potential to emit to below the thresholds for a major source; which are permanent, quantifiable and practically enforceable permit conditions, and to include production or processing limits; 
    2. Federally enforceable permit conditions requiring monitoring, record keeping, and reporting sufficient to determine compliance with the limitations as set forth in the permit which avoid the designation as a major source; and 
    3. A statement in the permit that the source is a Designated Non-Major Stationary Source specifically because of limitations contained in the permit. 
  4. Final Action: The APCO shall take final action on a Designated Non-Major Stationary Source Operating Permit application after considering all comments received in a timely manner, but within 180 days following the acceptance of the application as complete. The APCO shall deny the application for a Designated Non-Major Stationary Source Operating Permit if the APCO determines the source is not capable of complying with any requirement contained in Chapter XII, Article VIII. 
Section 12.840 Non-compliance, Designated Non-Major Stationary Source::Any source subject to the requirements of the portions of Chapter XII that is not in compliance with any permit condition set forth in a Designated Non-Major Stationary Source Operating Permit, is in violation of the Clean Air Act and District Rules and Regulations and may be subject to enforcement action, permit termination, permit revocation and reissuance, and/or denial of a permit renewal. Any source which files false information with the District to obtain such designation is in violation of the Clean Air Act and District Regulations and is subject to enforcement action.
Section 12.850

Loss of Status as a Designated Non-Major Stationary Source: A source shall not be considered a Designated Non-Major Stationary Source under any of the following occurrences:

  1. A Stationary Source has actual emissions exceeding any applicable threshold for a major source as specified in this Chapter XII; 
  2. The Stationary Source installs or changes equipment, or institutes a change of operation , resulting in a potential to emit exceeding any threshold for a major source as specified in this Chapter XII without first obtaining a permit modification pursuant to Section 12.820 limiting such emissions below any threshold for a major source ; and 
  3. Fails to establish compliance as required in Section 12.830, (c), (2). 

If for any reason the Stationary Source plans a physical or operation change which would increase its potential to emit such that it would exceed any applicable threshold for a major source, the Stationary Source shall immediately become subject to major source review and shall apply for a major source review and permit in accordance with the requirements of these rules and regulations to include Chapter XII, and all applicable state and federal laws. 

TABLE 11

STATE OF CALIFORNIA

AIR RESOURCES BOARD

AMBIENT AIR QUALITY STANDARDS

Pollutant

Averaging Time

California Standards 1

National Standards 2

Concentration 3

Method 4

Primary 3, 5

Secondary 3, 4, 5

Method 7

Ozone

1 Hour

0.09 ppm

(180 ug/m3)

Ultraviolet Photometry

0.12 ppm

(235 ug/m3)

Same as Primary Standard

Ethylene Chemiluminescence

Carbon Monoxide

8 Hour

9.0 ppm

(10 mg/m3)

Non-dispersive Intrared Spectroscopy (NDIR)

9 ppm

(10 mg/m3)

Non-dispersive Intrared Spectroscopy (NDIR)

1 Hour

20 ppm

(23 mg/m3)

35 ppm

(40 mg/m3)

Nitrogen Dioxide

Annual Average

Gas Phase Chemiluminescence

0.053 ppm

(100 ug/m3)

Same as Primary Standard

Gas Phase Chemiluminescence

1 Hour

0.25 ppm

(470 ug/m3)

Sulfur Dioxide

Annual Average

Ultraviolet Fluorescence

80 ug/m3

(0.03 ppm)

Pararosoaniline

24 Hour

0.05 ppm3

(131 ug/m3)

365 ug/m3

(0.14 ppm)

3 Hour

1300 ug/m3

(0.5 ppm)

1 Hour

0.25 ppm

(655 ug/m3)

Suspended Particulate Matter (PM10)

Annual Geometic Mean

30 ug/m3

Size Selective Inlet High Volume Sampler and Gravimetric Analysis

Inertial Separation and Gravimetric Analysis

24 Hour

50 ug/m3

150 ug/m3

Same as Primary Standard

Annual Arithmetic Mean

50 ug/m3

Sulfates

24 Hour

25 ug/m3

Turbidimetric

Barium Sulfate

Lead

30 day Average

1.5 ug/m3

Atomic Absorption

Atomic Absorption

Calendar Quarter

1.5 ug/m3

Same as Primary Standard

Hydrogen Sulfide

1 Hour

0.03 ppm

(42 ug/m3)

Cadmium Hydroxide STRactan

Vinyl Chloride (chloroethene)

24 Hour

0.010 ppm

(25 ug/m3)

Tedlar Bag Collection, Gas Chromatography

Visibility Reducing Particles9

8 Hour

(10 a.m. to 6 p.m. PST)

In sufficient amount to produce an extinction coefficient of 0.23 per kilometer due to particles when the relative humidity is less than 70 percent. Measurement in accordances with ARB Method V.

APPLICABLE ONLY IN THE LAKE TAHOE AIR BASIN

Carbon Monoxide

8 Hour

6 ppm

(7 mg/m3)

NDR

Visibility Reducing Particles10

8 Hour

(10 a.m. to 6 p.m. PST)

In sufficient amount to produce an extinction coefficient of 0.23 per kilometer due to particles when the relative humidity is less than 70 percent. Measurement in accordances with ARB Method V.

NOTES ON TABLE 11

California Standards: Other than carbon monoxide, sulfur dioxide (1 hour), nitrogen dioxide and particulate matter - PM10, standards are not to be exceeded.

National Standards: Other than ozone and those based on annual averages or annual geometric means, standards are not to be exceeded more than once a year. The ozone standard is attained when the expected number of days per calendar year with maximum hourly average concentrations above the standard is equal to or less than one.

Concentration: Expressed first in units in which it was promulgated. Equivalent units given in parenthesis are based upon a reference temperature of 25o C and a reference pressure of 760 mm of mercury (1,013.2 millibar); ppm in this table refers to ppm in this table refers to ppm by volume, or micromoles of pollutant per mole of gas.

Method (California Standards): Any equivalent procedure which can be shown to the satisfaction of the Air Resources Board to give equivalent results at or near the level of the air quality standard may be used.

National Primary Standards: The levels of air quality necessary, with an adequate margin of safety to protect the public health. Each state must attain the primary standards no later than three years after that state's implementation plan is approved by the Environmental Protection Agency.

National Secondary Standards: The levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects or a pollutant. Each state must attain the secondary standards within a "reasonable time" after the implementation plan is approved by the EPA.

Method (Nat'l Std): Reference method as described by the EPA. An "equivalent method" of measurement may be used but must have a "consistent relationship to the reference method" and must be approved by the EPA.

Prevailing Visibility: Defined as the greatest visibility which is attained or surpassed around at least half of the horizon circle, but not necessarily in continuous sectors.

At locations where the state standards for oxidant and/or suspended particulate matter are violated. National standards apply elsewhere.

Oxidant: Measured as Ozone.