MOJAQMD RULE 222 LIMITATIONS ON POTENTIAL TO EMIT

LAST REVISED 07/31/95

(Adopted: 07/31/95)



RULE 222

LIMITATIONS ON POTENTIAL TO EMIT



(A)General

(1) Purpose

(a)The purpose of this rule is to create federally

enforceable limitations on potential to emit for all facilities,

as defined in District Rule 1201(M), which meet the applicability

criteria set forth below and otherwise comply with the provisions

of this rule.

(2)Applicability

(a)This rule shall apply to any facility, as defined in

District Rule 1201(M), which would, if it did not comply with the

limitations set forth in this rule, have the potential to emit

air contaminants equal to or in excess of the threshold for a

Major Facility and which meets one of the following conditions:

(i)In every twelve (12) month period, the actual

emissions of the facility are less than or equal to the emissions

limitations set forth in section (C); or

(ii)In every twelve (12) month period, at least

ninety percent (90%) of the emissions from the facility are

associated with an operation limited by any one of the alternate

operational limits as set forth in section (E).

(b)This rule shall not apply to any of the following:

(i)Any facility whose actual emissions,

throughput, or operation, at any time after the effective date of

this rule is greater than the emissions limitations set forth in

section (C) or alternative operational limits set forth in

section (E) and which meets the following conditions:

a.The owner or operator of the facility has

notified the District at least thirty (30) days prior to any

exceedance that an application for a Federal Operating Permit

pursuant to Regulation XII will be submitted, or a federally

enforceable voluntary emissions limitation pursuant to District

Rule 221 will be obtained; and

b.A complete application for a Federal

Operating Permit is received by the District, or the voluntary

emissions limitation is approved and included on the permit for

the facility, within twelve (12) months of the date of the

notification.

(ii)Any facility that has applied for a Federal

Operating Permit in conformance with Regulation XII in a timely

manner and is awaiting final action by the District and/or USEPA.

(iii)Any facility required to obtain a Federal

Operating Permit for any reason other than it qualifies as a

Major Facility.

(iv)Any facility with a valid Federal Operating

Permit.

(v)Any facility with a valid District permit which

contains federally enforceable voluntary emissions limitations

issued pursuant to District rule 221 which limit the potential to

emit of the facility to levels below the applicable threshold for

a Major Facility.

(c)A Facility described in subsection (A)(2)(b)(i)

above, may be immediately subject to all applicable federal

requirements.

(d)Notwithstanding subsections (A)(2)(b)(ii) and

(A)(2)(b)(iv) above, nothing in this section shall prevent any

facility, which has had a Federal Operating Permit, from

qualifying to comply with this rule in the future in lieu of

maintaining an application for a Federal Operating Permit or upon

recision of a Federal Operating Permit if the owner or operator

demonstrates that the facility is in compliance with the

emissions limitations set forth in section (C) or alternative

operational limits set forth in section (E).

(e)For the purposes of determining applicability of

this rule, the owner or operator of a facility may take into

account the operational limitations of air pollution control

equipment when determining potential to emit as long as such air

pollution control equipment is required by Federal, State or

District law, rule, permit or regulation.

(i)The owner or operator of the facility shall

maintain and operate such air pollution control equipment in a

manner consistent with good air pollution control practices for

minimizing emissions.

(f)The provisions of subsection (A)(2)(e) above shall

not apply after January 1, 1999 unless:

(i)The operational limitation requiring the air

pollution control device is federally enforceable; or

(ii)The Governing Board of the District

specifically extends this provision and such extension is

submitted to USEPA.

(g)Any extension of the provisions of subsection

(A)(2)(e) pursuant to subsection (A)(2)(f) above shall remain

valid unless and until USEPA disapproves such extension.



(B)Definitions

For the purposes of this rule the definitions contained in

District Rule 1201 shall apply unless a term is otherwise defined

herein.

(1)"Actual Emissions" - The emissions of a regulated air

pollutant from a facility for every twelve (12) month period.

Actual Emissions shall be determined as follows:

(a)By the use of valid continuous emissions monitoring

data or source tests data.

(b)In the absence of data as specified in subsection

(B)(1)(a) above, by calculation of emissions from any one or more

of the following: throughputs of process material; throughputs

of material stored; usage of materials; data provided in

manufacturer's product specifications; volatile organic compound

content reports or laboratory analyses for the material; any

other information required by this rule or by any other Federal,

State or District regulations; and/or information requested in

writing by the District.

(c)All calculations of actual emissions shall use

USEPA, CARB or District approved methods, including but not

limited to emissions factors and other assumptions.

(2)"Air Pollutant" - Any air pollution agent or combination

of such agents, including any physical, chemical, biological, or

radioactive (including source material, special nuclear material

and byproduct material) substance or matter which is emitted into

or otherwise enters the ambient air.

(3)"Alternative Operational Limit" - A limit on a measurable

parameter such as hours of operation, throughput of materials,

use of materials, or quantity of product as specified in section

(E).

(4)"California Air Resources Board" (CARB) - The Air

Resources Board of the State of California as established

pursuant to the provisions of Part 2 of Division 26 (commencing

with section 39500) of the California Health and Safety Code.

(5)"Contiguous Property" - Two or more parcels of land with

a common boundary or separated solely by a public or private

roadway, or other public or private right-of-way.

(6)"District" - The Mojave Desert Air Quality Management

District the geographical area of which is described in District

Rule 103.

(7)"Emission Unit" - Any article, machine, equipment,

operation, contrivance or related groupings of such that may

produce and/or emit any regulated air pollutant or hazardous air

pollutant.

(8)"Facility" - Any permit unit, group of permit units, non-

permitted equipment, or any combination thereof which emits or

may emit an Air Pollutant; and belongs to a single major

industrial group in the Standard Industrial Classification

Manual; and is located on a single parcel of land or on

contiguous property within the District; and which is owned or

operated by the same person or by persons under common control.

(9)"Federal Clean Air Act" - The Federal Clean Air Act

(codified at 42 U.S.C. §§7401-7671q) as well as any amendments

thereto and any implementing regulations promulgated thereunder.

(10)"Federal Operating Permit" - An operating permit issued

pursuant to District Regulation XII after the effective date of

such regulation as set forth in District Rule 1200(D).

(11)"Federally Enforceable" - Any requirement, condition or

other term which is fully enforceable by USEPA pursuant to the

provisions of 42 U.S.C. §7413 (Federal Clean Air Act §113) or the

public pursuant to the provisions of 42 U.S.C. §7604 (Federal

Clean Air Act §304).

(12)"Hazardous Air Pollutant" - Any air pollutant listed

pursuant to 42 U.S.C. §7412(b) (Federal Clean Air Act §112) or in

regulations promulgated thereunder.

(13)"Major Facility" - Any Facility which emits or has the

potential to emit the following amounts and types of Air

Pollutants:

(a)For any Facility located in Zone A (Any area within

the District which is designated Federal Severe-17 Non-attainment

area for Ozone):

(i)100 tons per year or more of any Air Pollutants

other than those indicated in subparts (b) and (c) below.

(ii)25 tons per year or more of the following Air

Pollutants:

a.NOx (nitrogen oxides)

b.VOC (volatile organic compounds)

(iii)10 tons per year or more of any Hazardous Air

Pollutant or 25 tons per year or more of any combination of

Hazardous Air Pollutants or such lesser quantity as the USEPA may

establish by rule.

(a)For any Facility located in Zone B (Any area within

the District which is designated Federal Ozone Attainment or

Unclassified):

(i)100 tons per year or more of any Air Pollutants

other than those indicated in subpart (b) below.

(ii)10 tons per year or more of any Hazardous Air

Pollutant or 25 tons per year or more of any combination of

Hazardous Air Pollutants or such lesser quantity as the USEPA may

establish by rule.

(14)"Potential to Emit" - The maximum capacity of a Facility

to emit any air pollutant under its physical and operational

design.

(a)Any physical or operational limitation on the

capacity of the unit to emit a pollutant including air pollution

control equipment; restrictions on hours of operation; or

restrictions on the type and/or amount of material combusted,

stored or processed shall be treated as part of the design if

such limitation is Federally Enforceable.

(b)Fugitive Emissions of Hazardous Air Pollutants shall

be included in the calculation of a Facility's Potential to Emit.

(c)Fugitive Emissions of other Air Pollutants shall not

be included in the calculations of a Facility's Potential to Emit

unless the Facility belongs to a category listed in 40 CFR 70.2

"Major Source"(2).

(d)Emissions of Hazardous Air Pollutants from any oil

or gas exploration well (with its associated equipment) and

emissions from any pipeline compressor or pump stations shall not

be aggregated with emissions from other similar units, whether or

not such units are in a contiguous area.

(15)"Process Statement" - An annual report on permitted

emission units from an owner or operator of a facility certified

pursuant to District Rule 1208 and containing the following

information as applicable: throughputs of process materials;

throughputs of materials stored; usage of materials; fuel usage;

any available continuous emissions monitoring data; hours of

operation; any other information required by this rule; and/or

any other information requested by the District in writing.

(16)"Regulated Air Pollutant" - Any of the following Air

Pollutants:

(a)Any pollutant, and its precursors, for which a

national ambient air quality standard has been promulgated.

(b)Any pollutant that is subject to a standard under 42

U.S.C. §7411 (Federal Clean Air Act §111) or any regulation

promulgated pursuant to that section.

(c)Any substance which has been designated a Class I or

Class II substance under 42 U.S.C. §7671a (Federal Clean Air Act

§602) or any regulation promulgated pursuant to that section.

(d)Any pollutant subject to a standard or other

requirement established pursuant to 42 U.S.C. §7412 (Federal

Clean Air Act §112).

(17)"Twelve (12) Month Period" - A period of twelve

consecutive months determined on a rolling basis with a new

twelve month period beginning on the first day of each calendar

month.

(18)"United States Environmental Protection Agency" (USEPA)

- Refers to the Administrator or the appropriate designee of the

United States Environmental Protection Agency.



(C)Emissions Limitations

(1)Unless the owner or operator of a facility has chosen to

operate the facility under an alternative operational limit as

specified in section (E), no facility subject to this rule shall

emit in every twelve (12) month period more than the following

quantities of emissions:

(a)Fifty percent (50%) of the thresholds for regulated

air pollutants (excluding all hazardous air pollutants) as set

forth in District rule 1201(s);

(b)For hazardous air pollutants:

(i)Five (5) tons per year of a single hazardous

air pollutant; or

(ii)Twelve and a half (12.5) tons per year of any

combination of hazardous air pollutants; or

(iii)Fifty percent (50%) of any lesser threshold

for a single hazardous air pollutant as the USEPA may promulgate

by regulation.

(2)The District shall evaluate the compliance by a facility

with the emissions limitations stated in subsection (C)(1) above

as a part of the District's annual permit renewal process

required by Health & Safety Code §42301(e).

(a)In performing this evaluation the District shall

consider any annual process statement submitted pursuant to this

rule.

(b)In the absence of valid continuous emission

monitoring data or source test data, actual emissions shall be

calculated using emissions factors approved by USEPA, CARB or the

District.

(3)Unless the owner or operator has chosen to operate the

facility under an alternative operational limit as specified in

section (E), the owner or operator of a facility subject to this

rule shall obtain any necessary permits or permit modification

prior to commencing any physical or operational change or

activity which will result in actual emissions that exceed the

limits specified in subsection (C)(1) above.



(D)Record keeping and Reporting Requirements

(1)General Record keeping:

(a)Immediately upon adoption of this rule, the owner or

operator of a facility subject to this rule shall comply with the

applicable Record keeping requirements contained in subsections

(D)(1-6) below unless:

(i)The owner or operator has chosen to operate the

facility under an alternative operational limit as specified in

section (E); or

(ii)Such facility is exempt from Record keeping

requirements pursuant to section (F)(1).

(b)An owner or operator who has chosen to operate the

facility under an alternative operational limit as specified in

section (E) shall, instead, comply with the applicable Record

keeping requirements contained in that section.

(c)A facility which was previously exempt pursuant to

section (F)(1) shall comply with the appropriate Record keeping

requirements if such facility exceeds the limits contained in

subsection (F)(1).

(d)The Record keeping requirements contained in this

rule shall not replace any Record keeping requirement contained

in a permit to operate or in any applicable Federal, State or

District rule or regulation.

(e)The owner or operator of a facility subject to this

rule shall maintain records required pursuant to this section for

each permitted emission unit or groups of permitted emission

units sufficient to determine actual emissions.

(i)Such records shall be summarized in a monthly

log; and

(ii)Such records shall be maintained on site for a

period of at least five (5) years and shall be made available to

the District, CARB or USEPA staff upon request.

(2)Record keeping for Coating and/or Solvent Emission

Unit(s):

(a)The owner or operator of a facility subject to this

rule which contains a permitted coating and/or solvent emissions

unit or which uses a coating, solvent, ink or adhesive shall keep

and maintain the following records:

(i)A current list of all coatings, solvents, inks

and adhesives used at the facility. This list shall contain the

following information: Manufacturer, brand, product name or

code; VOC content in grams per liter or pounds per gallon; and

hazardous air pollutant content in grams per liter or pounds per

gallon.

(a)In the alternative to the above

information the list may contain manufacturer's product

specifications, material VOC content reports and/or laboratory

reports which provide the information required above.

(ii)A description of any equipment used during and

after coating or solvent application including the following:

type, make and model of equipment; maximum design process rate or

throughput; control device(s) type and description (if any); a

description of any coating or solvent application and/or drying

method(s) employed.

(iii)A monthly log of the consumption of each

solvent, coating, ink and adhesive used, including but not

limited to solvents used in clean-up and surface preparation.

(iv)All purchase orders, invoices, and other

documents to support information contained in the monthly log.

(3)Record keeping for Organic Liquid Storage Unit(s):

(a)The owner or operator of a facility subject to this

rule which contains a permitted organic liquid storage unit shall

keep and maintain the following records:

(i)A monthly log identifying the liquid stored and

the monthly throughput.

(ii)Information on the tank design and

specifications including any related control equipment.

(4)Record keeping for Combustion Emission Unit(s):

(a)The owner or operator of a facility subject to this

rule which contains a permitted combustion emission unit shall

keep and maintain the following records:

(i)Information regarding the following: equipment

type, make and model; maximum design process rate or maximum

power input/output; minimum operating temperature (for thermal

oxidizers only); equipment capacity; type and description of

control device(s), if any; all source test information for the

equipment.

(ii)A monthly log containing the following: hours

of operation; fuel type, usage and fuel heating value;

percentage of sulfur contained in fuel oil and coal used;

percentage of nitrogen contained in coal used.

a.The appropriate BTU content of the fuel

shall be included in the log and stated in terms of BTU/lb or

BTU/gal.

(5)Record keeping for Emission Control Unit(s):

(a)The owner or operator of a facility subject to this

rule that contains a permitted emission control unit shall keep

and maintain the following records:

(i)Information regarding the equipment type,

description, make and model of the control unit.

(ii)Information regarding the emission units

served by the control unit.

(iii)Information regarding equipment design,

including but not limited to: Pollutants controlled and /control

effectiveness; maximum design or rated capacity; inlet and outlet

temperatures; concentrations for each pollutant controlled;

catalyst data including type, material, life, volume, space

velocity, ammonia injection rate and temperature; baghouse data

including design, cleaning method, fabric material, flow rate,

and air/cloth ratio; electrostatic precipitator data including

number of fields, cleaning method, and power input; scrubber data

including type, design, sorbent type, and pressure drop; any

other appropriate design data; and all source test information.

(iv)A monthly log of hours of operation including

notation of any control equipment breakdowns, upsets, repairs,

maintenance and any other deviations from design parameters.

(6)Record keeping for General Emission Unit(s);

(a)The owner or operator of a facility subject to this

rule that contains an emission unit not listed in subsection

(D)(2-5) above, shall keep and maintain the following records:

(i)Information on the process and equipment

including the following: equipment type, description, make and

model; maximum design process rate or throughput; control

device(s) type and description, if any.

(ii)Any additional information requested in

writing by the District.

(iii)A monthly log of operating hours including:

each raw material used and its amount; each product produced and

its production rate.

(iv)Purchase orders, invoices, and other documents

to support information in the monthly log.

(7)General Reporting Requirements:

(a)The owner or operator of a facility subject to this

rule shall comply with the applicable reporting requirements

contained in this subsection unless:

(i)Such facility is exempt from reporting

requirements pursuant to section (F)(2).

(b)At the time of annual renewal of a permit to operate

pursuant to Regulation II, each owner or operator of a facility

subject to this rule shall submit to the District a process

statement.

(c)A facility which was previously exempt pursuant to

section (F)(2) shall comply with the applicable reporting

requirements if such facility exceeds the limits contained in

subsection (F)(2).

(d)The District may, in writing, request the submission

of additional information. The owner or operator of a facility

subject to this rule shall submit such requested information

within thirty (30) days of the date of the request.

(E)Alternative Operational Limits

(1)General Provisions for Alternative Operational Limits:

(a)The owner or operator of a facility subject to this

rule may choose to operate under any one alternative operational

limit, provided that at least ninety percent (90%) of the

facility's emissions in every twelve (12) month period are

associated with the operation(s) limited by the applicable

alternative operational limit.

(b)Any owner or operator of a facility choosing to

operate under an alternative operational limit shall operate the

facility in compliance with the terms and conditions contained in

the applicable alternative operating limit and comply with the

specified Record keeping and reporting requirements pursuant to

subsection (D).

(c)Any owner or operator of a facility choosing to

operate under an alternative operational limit shall:

(i)Report within twenty-four (24) hours to the

District any exceedance of the alternative operational limit; and

(ii)Maintain all purchase order, invoices and

other documentation required to support the information contained

in any monthly log specified in an alternative operational limit;

and

(iii)Maintain all records and other documentation

required to be kept pursuant to an alternative operational limit

on site for a period of at least five (5) years and to have such

documentation available to the District, CARB or USEPA staff upon

request.

(d)Any owner or operator of a facility choosing to

operate under an alternative operational limit shall obtain any

necessary permit prior to commencing any physical or operational

change or activity which will result in an exceedance of an

applicable operational limit.

(2)Alternative Operational Limit for Gasoline Dispensing

Facilities with Phase I and Phase II Vapor Recovery Systems:

(a)The owner or operator shall operate the gasoline

dispensing facility in compliance with the following:

(i)No more than 7,000,000 gallons of gasoline

shall be dispensed in every twelve (12) month period.

(ii)A monthly log of gallons of gasoline dispensed

in the preceding month and a monthly calculation of the total

gallons dispensed in the previous twelve (12) month period shall

be kept on site.

(iii)A copy of the monthly log required by

subsection (E)(2)(a)(ii), above, shall be submitted to the

District at the time of annual permit renewal of a permit to

operate pursuant to Regulation II.

a.The owner or operator shall certify the log

in compliance with the provisions of District Rule 1208.

(3)Alternative Operational Limit for Degreasing or Solvent

Using Unit(s):

(a)The owner or operator shall operate the degreasing

or solvent-using unit(s) in compliance with the following:

(i)If the solvents used do not include methyl

chloroform (1,1,1-trichloroethane), methylene chloride

(dichloromethane), tetrachloroethylene (perchloroethylene) or

trichloroethylene:

a.No more than 5,400 gallons of any

combination of solvent containing materials shall be used in

every twelve (12) month period; and

b.No more than 2,200 gallons of any one

solvent containing material shall be used in every twelve (12)

month period.

(ii)If the solvents used include methyl chloroform

(1,1,1-trichloroethane), methylene chloride (dichloromethane),

tetrachloroethylene (perchloroethylene) or trichloroethylene:

a.No more than 2,900 gallons of any

combination of solvent containing materials shall be used in

every twelve (12) month period; and

b.No more than 1,200 gallons of any one

solvent containing material shall be used in every twelve (12)

month period.

(iii)A monthly log of amount and type of solvent

used in the preceding month with a monthly calculation of the

total gallons used in the previous twelve (12) month period shall

be kept on site.

(iv)A copy of the monthly log required by

subsection (E)(3)(a)(iii) above shall be submitted to the

District at the time of annual permit renewal of a permit to

operate pursuant to Regulation II.

a.The owner or operator shall certify the log

in compliance with the provisions of District Rule 1208.

(4)Alternative Operational Limit for Paint Spraying Unit(s):

(a)The owner or operator shall operate the paint

spraying unit(s) in compliance with the following:

(i)The total usage rate of all VOC containing

materials, including but not limited to coatings, thinner,

reducers, and cleanup solution shall not exceed 2,388 gallons in

every twelve (12) month period.

a.The VOC content of the material used at a

paint spray unit shall not exceed 6.7 lbs. solvent per gallon

coating, as applied, less water and exempt compounds. Nothing in

this section shall be construed to exempt an owner or operator

from compliance with the applicable VOC content limitation for

specific coatings as contained in District Rules 442, 1113,

1114, 1115 and/or 1116.

(ii)A monthly log of the gallons of VOC containing

materials used in the preceding month with a monthly calculation

of the total gallons used in the previous twelve (12) month

period shall be kept on site.

(iii)A copy of the monthly log shall be submitted

to the District at the time of annual permit renewal of a permit

to operate pursuant to Regulation II.

a.The owner or operator shall certify the log

in compliance with the provisions of District Rule 1208.

(5)Alternative Operational Limit for Diesel-Fueled Emergency

Standby Engine(s) with Output Less Than 1,000 Brake Horsepower:

(a)The owner or operator shall operate the emergency

standby engine(s) in compliance with the following:

(i)For facilities located within that portion of

the District classified nonattainment for ozone and designated

Severe-17, the emergency standby engine(s) shall not operate more

than 1,300 hours in every twelve (12) month period and shall not

use more than 66,000 gallons of diesel fuel in every twelve (12)

month period.

(ii)For facilities located within that portion of

the District which is unclassified for ozone, the emergency

standby engine(s) shall not operate more than 5,200 hours in

every twelve (12) month period and shall not use more than

265,000 gallons of diesel fuel in every twelve (12) month period.

(iii)A monthly log of hours of operation, gallons

of fuel used, and a monthly calculation of the total hours

operated and gallons of fuel used in the previous twelve (12)

month period shall be kept on site.

(iv)A copy of the monthly log required by section

(E)(5)(a)(iii) above shall be submitted to the District at the

time of annual permit renewal of a permit to operate pursuant to

Regulation II.

a.The owner or operator shall certify the log

in compliance with the provisions of District Rule 1208.



(F)Exemptions from Record keeping and Reporting Requirements

(1)Facilities with De Minimis Emissions:

(a)The Record keeping and reporting requirements found

in sections (C), (D)(1-6) and (E) shall not apply to a facility

which meets either of the following:

(i)The facility emits less than or equal to the

following quantities of emissions in every twelve (12) month

period:

a.Five (5) tons per year of a regulated air

pollutant excluding hazardous air pollutants.

b.For hazardous air pollutants:

1.Two (2) tons per year of a single

hazardous air pollutant; or

2.Five (5) tons per year of any

combination of hazardous air pollutants; or

3.Twenty percent (20%) of any lesser

threshold for a single hazardous air pollutant that the USEPA may

promulgate by regulation.

(ii)At least ninety percent (90%) of the

facility's emissions are associated with an operation for which

the throughput is less than or equal to one of the following

quantities for every twelve (12) month period:

a.1,400 gallons of any combination of

solvent containing materials but no more than 550 gallons of any

one solvent containing material, provided that the materials do

not contain methyl chloroform (1,1,1-trichloroethane), methylene

chloride (dichloromethane), tetrachloroethylene

(perchloroethylene), or trichlorethylene.

b.750 gallons of any combination of

solvent containing materials where the materials contain methyl

chloroform (1,1,1-trichloroethane), methylene chloride

(dichloromethane), tetrachloroethylene (perchloroethylene), or

trichlorethylene.

c.597 gallons of volatile organic

compound containing material used at a paint spray unit(s).

1.The VOC content of the material

used at a paint spray unit shall not exceed 6.7 lbs. solvent per

gallon coating, as applied, less water and exempt compounds.

Nothing in this section shall be construed to exempt an owner or

operator from compliance with the applicable VOC content

limitation for specific coatings as contained in District Rules

442, 1113, 1114, 1115 and/or 1116.

d.4,400,000 gallons of gasoline

dispensed from equipment with Phase I and Phase II vapor recovery

systems.

e.470,000 gallons of gasoline dispensed

from equipment without Phase I and Phase II vapor recovery

systems.

f.1,400 gallons of gasoline combusted.

g.16,600 gallons of diesel fuel

combusted.

h.500,000 gallons of distillate oil

combusted.

i.71,400,000 cubic feet of natural gas

combusted.

(c)The owner or operator of any facility which is

exempt from Record keeping pursuant to this subsection, shall

within thirty (30) days of a written request by the District or

USEPA demonstrate that the emissions or throughput rates are not

in excess of the applicable quantities as set forth in this

subsection.

(2)Small Facilities with Greater than De Minimis Emissions:

(a)The reporting requirements found in subsection

(D)(7) shall not apply to a facility which meets the following:

(i)The facility emits less than or equal to the

following quantities of emissions in every twelve (12) month

period:

a.For any regulated air pollutant excluding

hazardous air pollutants:

1.Twenty five (25) tons per year of a

regulated air pollutant for which the District has a Federal area

designation of attainment, unclassified, transitional or moderate

nonattainment.

2.Fifteen (15) tons per year of a

regulated air pollutant for which the District has a Federal area

designation of serious nonattainment.

3.Six and twenty five hundredths (6.25)

tons per year of a regulated air pollutant for which the District

has a Federal area designation of severe nonattainment.

b.For hazardous air pollutants:

1.Two and five hundredths (2.50) tons

per year of a single hazardous air pollutant; or

2.Six and five hundredths (6.50) tons

per year of any combination of hazardous air pollutants; or

3.Twenty percent (25%) of any lesser

threshold for a single hazardous air pollutant that the USEPA may

promulgate by regulation.



(G)Public Notice

(1)Within three years of the effective date of Regulation

XII, the District shall maintain and make available to the

public, upon request the following:

(a)A list of all facilities to which this rule is

applicable; and

(b)Which provision(s) of this rule each facility is

complying with.



(H)Enforcement and Violations

(1)Interaction with other District Rules:

(a)This rule shall not relieve any facility from

complying with requirements pertaining to any otherwise

applicable preconstruction permit, or replace any condition or

term contained in any preconstruction permit, or any provision of

a preconstruction permitting program.

(b)Nothing in this rule shall preclude the issuance of

any permit which contains conditions or terms necessary to ensure

compliance with this or any other District rule.

(2)A facility which is subject to this rule shall be subject

to the applicable federal requirements for a major facility,

including Regulation XII, on the first day following every twelve

(12) month period when either of the of the following occur:

(a)The facility exceeds a limit specified in sections

(C) or (E); or

(b)The owner or operator of the facility can not

demonstrate that the facility is in compliance with a limit

specified in sections (C) or (E).

(3)Failure to comply with any applicable provision of this

rule shall constitute a violation of the rule. Each day during

which a violation of this rule occurs shall constitute a separate

violation.



MDAQMD Rule 222

Limitations on Potential to Emit