SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
This rule was amended on 9/19/84
and 1/30/85 to implement the Federal Prevention of Significant Deterioration
Program (PSD), and became effective on 11/21/85 upon EPA delegation of
the authority to implement & enforce the PSD Program.
RULE 20.1. APPLICABILITY, DEFINITIONS, EMISSION CALCULATIONS, EMISSION OFFSETS AND BANKING, EXEMPTIONS, AND OTHER REQUIREMENTS
(Effective 7/5/79; Delegation Effective 11/21/85; Rev. Effective
12/15/87)
(a) APPLICABILITY
If an Authority to Construct is required by Rule 10 and the application
demonstrates potential compliance with all other applicable air pollution
rules and regulations, then the application must also demonstrate compliance
with the applicable standards, if any, of Rules 20.2, 20.3, 20.4, 20.5,
20.6, and 20.7. Except as provided in Section (e), Exemptions, the applicability
of each standard or set of standards is as follows:
(i) For any new stationary source an emissions increase of 50 tons (45360
kg) per year of particulate matter, sulfur oxides, nitrogen oxides, organic
compounds, lead compounds including elemental lead, or 100 tons per year
of carbon monoxide.
(ii) For any existing stationary source that is to be modified but which
does not already have an actual emission rate as calculated by Rule 20.1(c)(1)
equal to or greater than the levels specified in (i) above, Rule 20.4 is
applicable if the emissions increase due to the modification equals or
exceeds any of the amounts specified in (i) above.
(iii) For any existing stationary source that is to be modified that
already has an actual emission rate equal to or greater than the amounts
listed in (i) above, Rule 20.4 is applicable if the modification will cause
an emissions increase equal to or greater than any of the following amounts:
Rule 20.4 is applicable if the above emissions increases involve the
same or different pollutants than the one or ones for which the existing
source exceeds the limits of (i) above, (e.g., If the NAAQS is exceeded
for both ozone and particulates, and the source already emits over 50 tons
per year of organic compounds, Rule 20.4 is applicable if a modification
would result in emissions increase of 25 tons or more per year of particulates).
(b) DEFINITIONS
For the purposes of Rules 20.1 through 20.8 and 26.0 through 26.10,
the following apply:
An air quality increment applies only in an area that is designated
as attainment of the national ambient air quality standards, or is unclassified,
pursuant to Section 107(d)(1)(D) or (E) of the federal Clean Air Act for
the above specified pollutant(s). All minor and area source growth (including
motor vehicles) after the baseline date, and the contribution of major
sources and major modifications constructed since January 6, 1975, shall
count against the applicable air quality increment.
34.0o N | 120.5o W |
and 33.0o N | 119.5o W |
and a line 33.7û W from the San Diego County line:
thence to 33.0o N | 119.5o W |
thence to 32.5o N | 118.5oW |
and ending at the California-Mexico border at the Pacific Ocean.
A. At least 5 percent of the cogeneration project's total annual energy
output shall be in the form of useful thermal energy.
B. Where useful thermal energy follows power production, the useful
annual power output plus one half the useful annual thermal energy output
equals not less than 42.5 percent of any natural gas and/or oil energy
input.
A. For the purpose of determining the applicability of Rules 20.3 and
20.4, the increase in actual emission rate due to new or modified units
at the stationary source or an actual emission reduction due to new or
modified units at the stationary source occurring within five years preceding
the receipt of the complete application for the new or modified stationary
source under evaluation; or
B. For the purpose of determining applicability of Rule 20.2, any increase
in actual emission rate due to new or modified units at the stationary
source occurring since July 5, 1979, and any actual emission reduction
occurring at a unit constructed since July 5, 1979.
(i) The most stringent emission limitation which is contained in the
implementation plan of any State for such class or category of source,
unless the owner or operator of the proposed source demonstrates to the
satisfaction of the Air Pollution Control Officer that such limitations
are not achievable, or
(ii) The lowest emission level which is achieved in practice by such
class or category of source.
In no event shall application of LAER result in emissions of any pollutant
which would exceed the emissions allowed by any applicable standard under
40 CFR Parts 60 (New Source Performance Standards) and 61 (National Emission
Standards for Hazardous Pollutants).
POLLUTANT | RATE (TONS/YEAR) |
Carbon Monoxide |
100 |
Nitrogen Oxides |
40 |
Sulfur Oxides |
40 |
Particulate Matter |
25 |
Organic Compounds |
40 |
Lead Compounds Including Elemental Lead |
0.6 |
Asbestos |
0.007 |
Beryllium |
0.0004 |
Mercury |
0.1 |
Vinyl Chloride |
1 |
Fluorides |
3 |
Sulfuric Acid Mist |
7 |
Hydrogen Sulfide (H2S) |
10 |
Total Reduced Sulfur (including H2S) |
10 |
Reduced Sulfur Compounds (including H2S) |
10 |
(i) Repair or identical replacement of a non-major source, or routine
maintenance of any source shall not be considered physical changes, and
(ii) The following changes shall not be considered a change in the method
of operation provided that such changes are not contrary to any permit
conditions:
A. An increase in production rate and/or an increase in hours of operation.
B. Use of an alternate raw material provided the individual units of
the stationary source can accommodate such alternative raw material without
resulting in an emission increase.
(i) Emissions from ships or trains coming to or from the new or modified stationary source; and
(ii) Emissions from any offsite support facility which would not otherwise be constructed or increase its emissions as a result of the construction of operation of the major source or major modification.
The emissions from motor vehicles, as defined in Section 415 of the
Vehicle Code, shall not be considered secondary emissions.
For the purposes of Rule 20.1(d) and Rules 26.0 through 26.10, emission
control measures in the SIP not included in the calculation used to show
attainment or maintenance of a federal air quality standard are not SIP
control measures.
(c) EMISSION CALCULATIONS
(i) The maximum emitting capacity of a new stationary source or modification
shall be used to determine the actual emission rate from the new source
or modification unless the applicant, as a condition to receiving authority
to construct and operate such new source or modification, agrees to federally
enforceable limitations on the operations of the new source or modification,
in which event the limitations shall be used to establish the emissions
from the new source or modification.
(ii) The actual emission rate for an existing stationary source shall
be based on the actual operating conditions of the existing source averaged
over the two consecutive years immediately preceding the date of application,
or such other period as may be deemed more representative of normal source
operation by the Air Pollution Con-trol Officer provided such period is
not less than two consecutive years unless the Air Pollution Control Officer
determines a shorter period is more representative of emis-sions of the
source and where that shorter period is within two years immediately preceding
the receipt of the application. The actual emissions from the existing
source as determined hereinabove shall be reduced to reflect emission reductions
from applicable future rules, regulations and measures contained in the
approved State Implementation Plan (SIP), or applicable measures approved
by the Air Pollution Control Board for inclusion in the SIP. If violations
of laws, rules, regulations, permit conditions, or orders of the District,
the California Air Resources Board, or the Federal Environmental Protection
Agency occurred during the period used to determine the operating conditions,
the excess emissions during the violation shall not be considered.
(iii) Any and all emissions resulting from the proposed stationary source
including fugitive emissions but excluding secondary emissions shall be
added in determining the actual emission rate.
(iv) In calculating the actual emission rate for the electrical generating
portion of a resource recovery project or a cogeneration technology project
when determining the applicability of Rule 20.4, the Air Pollution Control
Officer shall include the incremental emissions benefit derived from the
project in comparison to the emissions that would be produced by an existing
hydrocarbon combustion-based electric generation system in the absence
of the project. The procedure used to determine the incremental emissions
benefit shall be the same as that developed to satisfy the requirements
of Section 41605 of the State Health and Safety Code. The Air Pollution
Control Officer shall also include all emissions offsets that are provided
by the project applicant in determining the net increase in emissions from
the project. Such offsets shall be provided consistent with Rule 20.1.
The provisions of this subsection shall not apply if the project would
(1) be considered a "Major Stationary Source" or "Major
Modifi-cation" pursuant to the applicable rules and regulations of
the Federal Environmental Protection Agency at 40 CFR 51.24 and 40 CFR
51.18 (August 7, 1980) or (2) cause or contribute to the violation of any
National Ambient Air Quality Standard as determined by means of an air
quality analysis made pursuant to Rule 20.3.
(i) Determine the actual emission rates, which are attributable to the
proposed new or modified unit in the application being evaluated.
(ii) Determine the actual emission rates for units which are not being
physically modified but which, upon determination of the Air Pollution
Control Officer, will have emission increases as a direct result of the
construction and operation of the proposed new or modified stationary source.
The actual emission rate in this case shall not be based on the maximum
emitting capacity of a unit, but shall be based on the emitting capacity
that is necessary to handle increases due to proposed new or modified stationary
source.
(iii) Determine the actual emission rates for each unit at the stationary
source, not addressed in (i) or (ii) above, which is constructed or modified
contemporaneous to the application being evaluated.
(iv) Total the actual emission rates as determined in (i), (ii), and
(iii) of this subsection.
(v) Cumulative increase from a modification to an existing stationary
source shall be determined by comparing the yearly profiles of actual emission
rates for that portion of the existing source comprised of units described
in (i), (ii), and (iii) above to the yearly profiles of actual emission
rates determined by (iv) above. A daily cumulative increase occurs when
any part of the profile for a modified stationary source exceeds the profile
for the existing stationary source.
Yearly emissions profiles for an existing or proposed new or modified
stationary source shall be constructed by plotting the actual emission
rate of the stationary source for each day consistent with other provisions
of this rule. A separate profile shall be constructed for each pollutant.
In cases where a daily emissions increase is not required to be calculated
the cumulative increase shall be determined on an annual basis.
(vi) Cumulative increase from a new stationary source equals the actual
emission rate determined by (i) above.
(i) Determine the decrease in actual emission rate for any unit at the
stationary source to be shutdown, curtailed or retrofitted with controls
according to the application being evaluated. Such decrease must meet the
requirements of Rule 20.1(b)(2) to qualify as an actual emission reduction.
(ii) Determine the decrease in actual emission rate for any unit at
the stationary source, which was shutdown, contemporaneous to the application
being evaluated. Such decrease must meet the requirements of Rule 20.1(b)(2)
to qualify as an actual emission reduction.
(i) Determine the cumulative increase at the stationary source using
the emission calculation procedures of Rule 20.1(c)(2).
(ii) Determine all actual emission reductions at the stationary source
using the emission calculation procedures of Rule 20.1(c)(3).
(iii) The daily emissions increase for a new or modified stationary
source is the difference between the cumulative increase and actual emission
reductions, and shall be determined using yearly emissions profiles. In
cases where a daily emissions increase is not required, the emissions increase
equals the amount by which the sum of the cumulative increase and all actual
emission reductions at the stationary source exceeds zero.
(d) EMISSION OFFSETS
(i) Emission reductions shall be incorporated into a permit condition
enforceable by the Air Pollution Control District and federally enforceable
for the useful life of the new stationary source or modification and/or
shall be the result of the shutdown of previously permitted stationary
sources where the permits for such sources are retired at the time of startup
of the new or modified source. Where the new or modified stationary source
is a replacement for a stationary source that is being shutdown at the
same location in order to provide offsets, the Air Pollution Control Officer
may allow up to 180 days for shakedown and testing of the new or modified
source before any existing permits are retired, provided that the simultaneous
operation of the new of modified source and the existing source does not
cause or contribute to a violation of any national ambient air quality
standard. The offsets shall be submitted to the U.S. Environmental Protection
Agency as a SIP revision if necessary to make the offsets federally enforceable.
(ii) Only emission reductions below a stationary source's actual emission
rates or allowable emissions whichever is more restrictive shall be eligible
for credit as emission offsets. Offsets for non-attainment pollutants shall
not include reductions which would have occurred had RACT been applied.
(iii) Emission reductions shall be in effect, enforceable by the Air
Pollution Control District and federally enforceable at the time of startup
of the new or modified source, except as provided in Subsection (d)(4)(i)
above.
(iv) Emission reductions shall be required to be made on a pounds per
day and tons per year basis, or equally stringent basis.
(v) Emission reductions shall meet the same criteria as are contained
in Rule 26.0 for classification of banked reductions as Class A reductions.
(vi) The emission offsets will not result in a net increase in the emissions
of a pollutant listed as hazardous by the Environmental Protection Agency
pursuant to Section 112 of the federal Clean Air Act, 42 U.S ¤7412.
(i) The applicant establishes by modeling, which meets the requirements
of Rule 20.3, to the satisfaction of the Air Pollution Control Officer,
that the emissions from the source will not cause a violation of or will
not interfere with the attainment or maintenance of any national ambient
air quality standard, and
(ii) The applicant certifies that it has made its best efforts to obtain
sufficient offsets pursuant to the requirements of this Regulation and
that such efforts have been unsuccessful as of the date the complete application
was filed, and
(iii) The applicant uses lowest achievable emission rate technology.
(e) EXEMPTIONS
(i) Annual renewal of permits or transfer of ownership as specified
in Regulation II herein unless such applications include modifications
resulting in an increase of contaminant emissions.
(ii) Any stationary source which:
(A) Is a continuing operation, without modification, of a stationary source that was previously exempt from the permit provisions of these rules and regulations and a Permit to Operate is required solely because of a change in permit exemptions stated in Rule 11.
(B) Is portable abrasive blasting equipment, for which the State Air Resources Board has established standards pursuant to Sections 41900 and 41905 of the Health and Safety Code.
(C) Is emergency electrical generating equipment used less than 100
hours per year for maintenance purposes only. Operation for other than
maintenance purposes shall be limited to actual interruptions of power
from the serving utility. This exemption shall not apply if the emergency
electrical generating equipment would be considered a "Major Stationary
Source" or "Major Modification" pursuant to the applicable
rules and regulations of the Federal Environmental Protection Agency.
(i) A new stationary source or modification of an existing stationary
source utilizing unique and innovative control technology which will result
in a significantly lower emission rate from the stationary source than
would have occurred with the use of previously accepted LAER, and which
will likely serve as a model for technology, to be applied to similar stationary
sources within the State. In order for a stationary source to be exempted
under this paragraph, (1) the applicant must obtain the written concurrence
of the California Air Resources Board and (2) the Air Pollution Control
Officer must determine, by means of an air quality analysis made pursuant
to Rule 20.3, that the source or modification will not cause or contribute
to a violation of any national ambient air quality standard. This exemption
shall apply only to pollutants controlled by innovative control technology.
(ii) A new stationary source or modification of an existing stationary
source that represents a significant advance in the development of a technology
that appears to offer extraordinary environmental or public health benefits
or other benefits of overriding importance to the public health or welfare.
In order for a stationary source to be exempted under this paragraph, (1)
the applicant must obtain the written concurrence of the California Air
Resources Board and (2) the Air Pollution Control Officer must determine,
by means of air quality analysis pursuant to Rule 20.3, that the new source
or modification will not cause or contribute to a violation of any national
ambient air quality standard.
(iii) Any modification of a stationary source which is exclusively a
fuel conversion from gaseous fuels to fuel oils because of demonstrable
shortages of gaseous fuels provided the related modifications use LAER,
the applicant has made its best efforts to obtain all the necessary emission
offsets and that such efforts were unsuccessful, the applicant has secured
all available emission offsets, the applicant will continue to seek the
necessary emissions offsets and apply them when they become available,
and the modifications will not cause or contribute to a violation of any
national ambient air quality standard.
When a new or modified stationary source qualifies for the exemptions
described herein and that source emits more than one air contaminant, the
above exemptions shall only apply for those air contaminant(s) for which
the source fulfills the requirements of Subsections 20.1(e)(2)(i), (ii)
or (iii).
(f) OTHER REQUIREMENTS