LAKE COUNTY AIR QUALITY MANAGEMENT DISTRICT


CHAPTER IV PERMITS, Article I Authority to Construct

 

Section 600: A written Authority to Construct shall be required to construct, erect, alter or replace any equipment which may cause, potentially cause, reduce, control or eliminate the issuance of air contaminants. A single Authority to Construct may be issued for all components of an integrated system or process. Plans and specifications drawn in accordance with acceptable engineering practices shall be required before issuance of an Authority to Construct.
Section 601: An Authority to Construct shall be valid for a period of one (1) year from the date of issuance, or until a Permit to Operate is required, whichever occurs first. An Authority to Construct may be renewed annually for a maximum period of four (4) years. Any Authority to Construct permit or Determination of Compliance for a geothermal project for which construction has been initiated prior to the fourth annual renewal, may be renewed annually until such time as a Permit to Operate is issued for the project.
Section 602:

The Air Pollution Control Officer shall deny an Authority to Construct for any new stationary source or modification of an existing source specified in subparagraph A of this Section unless he determines that the emissions from the new source or modification is not expected to result in the violation or measurable contribution to the continued violation of any local, state or national ambient air quality standard and provided that the best available control technology as defined, or MACT, if applicable, will be used on the contaminant emitting equipment.

  1. The Air Pollution Control Officer shall apply the provisions of this Section to:
    1. Any proposed new stationary source described in the application for the Authority to Construct which he estimates will emit:
      1. More than either twenty (20) pounds per hour or one hundred and fifty (150) pounds per day of nitrogen oxides, organic gases or any air contaminant for which there is a local, state or national ambient air quality standard, except carbon monoxide, or
      2. More than either one hundred and fifty (150) pounds per hour or fifteen hundred (1,500) pounds per day of carbon monoxide; or
      3. More than twenty seven (27) pounds of lead per day.
    2. Any proposed modification of an existing stationary source described in the application for the Authority to Construct that he estimates will emit after modification:
      1. More than either twenty (20) pounds per hour or one hundred and fifty (150) pounds per day of nitrogen oxides, organic gases or any air contaminant for which there is a local, state or national ambient air quality standard, except carbon monoxide, or
      2. More than either one hundred and fifty (150) pounds per hour or fifteen hundred (1,500) pounds per day of carbon monoxide.
      3. More than twenty seven (27) pounds of lead per day.
  2. The Air Pollution Control Officer may exempt from the provisions of this Section any new stationary source or modification which he determines:
  1. Is a modification which eliminates, reduces or controls air contaminant emissions from an existing source, provided that the emissions of any contaminant from the modified source will not be greater than such emissions were from the existing source, or
  2. Will be an addition to, or replacement for, an existing stationary source and will not result in emissions of any air contaminant greater than those from the existing source, or
  3. Will have demonstrable basin-wide air quality benefits. Calculations and technical data used by the Air Pollution Control Officer as the basis for granting the exemption shall be made to the Air Resources Board and Environmental Protection Agency, or
  4. Will be used exclusively for providing essential public services, including but not limited to hospitals, police and fire fighting facilities, and will employ the best practicable emission control methods and equipment.
Section 602.1: The Air Pollution Control Officer shall deny an Authority to Construct for a new source or a modification of an existing source specified in Section 600 unless he determines that the existing source or modification will operate within all applicable rules and regulations pertaining to the emission of air contaminants.
Section 602.3 MACT Determinations: The Air Pollution Control Officer shall apply the provisions of this Section to any proposed new, or modified source with estimated (based on proposed throughput and hours of operation), or actual HAP emissions of: ten (10) tons per year of any single HAP; or twenty Five (25) tons per year for two or more HAPs.

Except for sources already regulated by a CAA 1990 section 112(d) MACT standard, the Maximum Achievable Control Technology (MACT) shall be determined and required (if more stringent than required by a BACT determination). This includes an existing source that proposes to add a new process or production unit, or proposes a modification, which has a capital cost exceeding 50 percent of a comparable new process line or unit. Such procedures shall be carried out in accordance with adopted Federal EPA procedures for 40 CFR Part 63.40 through 63.44, or subsequently modified by the Federal EPA.
Section 603: When the Air Pollution Control Officer intends to grant an exemption under subparagraph B of Section 602, he shall publish a notice by prominent advertisement in at least one newspaper of general circulation in the District, and he shall notify in writing the United States Environmental Protection Agency and the California Air Resources Board of his intention. No exemption shall be granted until at least thirty (30) days after the date of publication and notification to the above agencies. In making his decision, the Air Pollution Control Officer shall consider any comments received, and in the case of exemptions proposed under paragraph B(3) of Section 602, a condition of a decision to grant an exemption shall be at the concurrence of the California Air Resources Board and the United States Environmental Protection Agency. In the absence of written notice by the Air Resources Board or the Environmental Protection Agency within thirty (30) days from the date of publication, the Air Pollution Control Officer may assume their respective concurrence.
Section 604: Notwithstanding the criteria specified in paragraph A of Section 602, the Air Pollution Control Officer may apply the provisions of this Article to any new or modified stationary source if, in his opinion, the emissions from the source might result in a violation or a measurable contribution to the continued violation of any local, state or national ambient air quality standard.
Section 605:

Before granting or denying an Authority to Construct for any stationary source or modification subject to the provisions of this Article, the Air Pollution Control Officer shall:

  1. Require the applicant to submit information sufficient to describe the nature and amount of emissions, location, design, construction and operation of the source, and to submit any additional information necessary to make the analysis required by this Article.
  2. Require the applicant to submit any projected expansion plans for the stationary source described in the application for the Authority to Construct for the ten (10) year period subsequent to the date of application for the Authority to Construct.
  3. Analyze the effect of the new stationary source or modification on air quality. Such analysis shall consider expected air contaminant emissions and air quality in the vicinity of the new source or modification within the Air Basin and within adjoining air basins at the time the source or modification is proposed to commence operation. Such analysis shall be based on application of existing state and local control strategies.
  4. Make available for public inspection at the District office the information submitted by applicant, the Air Pollution Control Officer's analysis of the effect of the source on air quality and the preliminary decision to grant or deny the Authority to Construct. This will include all relevant information except that protected as a trade secret.
  5. Publish a notice pursuant to Section 6061 of the United States Government Code in a newspaper of general circulation in the District stating where the public may inspect the information required in Section 605 D, and publish any notice of MACT approval, per 40 CFR Part 63.43, "Maximum Achievable Control Technology" (MACT) determinations for constructed and reconstructed major sources. The public shall have thirty (30) days beginning on the date of publication to submit their comments. Copies of this notice should be forwarded to the United States Environmental Protection Agency, the California Air Resources Board, and all adjoining air pollution control officers in other air basins.
  6. Consider the public comments submitted.
Section 605.1 Geothermal Wells: If after review of the ten-year expansion plan required under Section 605 B, the Air Pollution Control Officer determines that existing air pollution control abatement technology is not sufficient to allow the plan to be implemented in accordance with Sections 602 and 602.1, he shall limit the geothermal project to no more than the first three (3) geothermal exploratory wells each capable of producing ninety thousand (90,000) pounds of steam per hour at free flow of any quality or after the first three (3) geothermal exploratory wells are drilled, cause the cessation of drilling when the cumulative capability of all wells drilled as part of the exploratory project is three hundred and fifty thousand (350,000) pounds of steam per hour. Additionally, exploratory projects shall not be allowed under this Section if they could be expected by the Air Pollution Control Officer to be utilized by a proposed electric power plant for which any application or notice has been filed with the California Energy Resources Conservation and Development Commission. Permits for subsequent wells capable of being part of the same geothermal project shall not be issued until such time as abatement technology sufficient to allow the ten-year expansion plan to be implemented in compliance with Sections 602 and 602.1 is demonstrated.
Section 606: Receipt of an Authority to Construct shall not relieve the owner or operator of responsibility to comply with any applicable local, state or national air pollution rules or regulations.
Section 607: Any Authority to Construct granted pursuant to this Article shall be forwarded to the California Air Resources Board within thirty (30) days of issuance, together with data used by the Air Pollution Control Officer in the air impact assessment process to allow review thereof by the Air Resources Board pursuant to its authority under the Health and Safety Code to review air pollution control district enforcement procedures and actions. In the absence of written notice of nonconcurrence by the Air Resources Board within thirty (30) days from the date of receipt by the Air Resources Board, the Air Pollution Control Officer may assume its concurrence.
Section 608:

Notwithstanding Sections 602, 604 and 605 C of the District's rules, the Air Pollution Control Officer shall issue an Authority to Construct or other required documents to any geothermal power plant development project (power plants, production wells and geothermal fluid transmission lines) which meets the following prescriptive criteria and utilizes the best available control technology:

  1. Power plants and geothermal fluid transmission lines must limit on a continuous basis the hydrogen sulfide emission rate to no more than five (5.0) pounds per hour (2.3 kilograms per hour) per one million (1,000,000) pounds per hour of steam flow received;
  2. The proposed power plant must be located such that not more than one permitted geothermal power plant (within the District) is closer than six-tenths (0.6) mile and no populated areas (as defined in Chapter 21 of the Lake County Code, Article XXV, Section 21-73.6a(1)) are within one (1.0) mile of the proposed location;
  3. Geothermal development wells must limit the hydrogen sulfide emission rate on a continuous basis during air drilling, clean-out, initial testing and reworking to no more than five (5.0) pounds per hour (2.3 kilograms per hour);
  4. Wells on stand-by vent shall be located no closer than one half (0.5) mile from a populated area (as defined in Chapter 21 of the Lake County Code, Article XXV, Section 21-73.6a(1)), and emissions shall be no greater than an average of one (1) pound per hour per well based on the number of completed wells for the associated power plant's steamfield;
  5. In the judgement of the Air Pollution Control Officer, the facility must be able to readily show compliance with all other rules and regulations limiting emissions of emittants other than hydrogen sulfide; and
  6. No individual property owner or legal resident within a one (1) mile radius of the proposed power plant site or one half (0.5) mile from an associated drilling pad makes a request for a New Source Review of the Project under Chapter IV, Article I of the Lake County Air Quality Management District Rules and Regulations.

The Lake County Air Quality Management District shall make proper public notice and reasonable attempts to notify affected parties (in writing) of the intent to issue permits under Rule 608, thirty (30) days prior to such permits being issued. The notice shall include a statement that affected parties may request a detailed New Source Review of the proposed power plant. Permit issuance after the 30 days notice pursuant to this Rule shall be final.

Section 609:

Geothermal Stacking Emissions: The power plant operator and the steam supplier shall jointly, or if the same entity singularly, develop a proposed written plan to limit geothermal steam stacking emissions (as defined in Section 227.5). The proposed plan incorporating the Best Available Control Technology, shall be submitted with the power plant Application for Certification or development project Authority to Construct(s) prior to the District considering the application(s) complete for District permitting or preparation of a Determination of Compliance purposes.

The plan shall:

  1. identify the specific technology(ies) proposed to control said emissions; and
  2. provide operating procedures for the emissions control system(s), clearly specifying the respective duties of the power plant operator and steam supplier. Upon approval by the Air Pollution Control Officer, the plan shall be incorporated in the Authority to Construct(s), the Determination of Compliance and Permit(s) to Operate for the power plant and geothermal fluid transmission line.