SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

This rule was amended on 9/19/84 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 20.2. STANDARDS FOR AUTHORITY TO CONSTRUCT BEST AVAILABLE CONTROL TECHNOLOGY

(Effective 11/4/76; Delegation Effective 11/21/85; Revised 12/15/87)

(a) Except as provided in Section (d) of this rule and Rules 20.4 and 20.7 the Air Pollution Control Officer shall deny an Authority to Construct for any new stationary source or modification of any existing stationary source which new or modified stationary source the Air Pollution Control Officer determines will result in a daily emissions increase equal to or greater than 100 pounds (45.3 kilograms) per day of nitrogen oxides, organic compounds, sulfur oxides or particulate matter; 550 pounds (250 kilograms) of carbon monoxide; 3.2 pounds (1453 grams) of lead compounds including elemental lead; 0.04 pounds of asbestos; 0.0022 pounds of beryllium; 0.55 pounds of mercury; 5.5 pounds of vinyl chloride; 16.44 pounds of fluorides; 38.35 pounds of sulfuric acid mist; or 54.79 pounds of hydrogen sulfide or total reduced sulfur or sulfur compounds except for sulfur oxides, unless the Air Pollution Control Officer determines the new stationary source or modification is constructed or modified with best available control technology (BACT) with respect to such contaminant.

(b) Except as provided in Section (d) of this rule the Air Pollution Control Officer shall not require BACT for any stationary source pursuant to the requirements of this rule if, according to an analysis conducted by the applicant and approved by the Air Pollution Control Officer, it is determined that the cost of such technology in terms of dollars per unit of contaminant controlled is substantially greater than the cost of other control measures for the same contaminant that are required to meet stationary source and motor vehicle emission standards. In the case of a new major source or major modification to which this Section (b) is applicable the Air Pollution Control Officer shall require the applicant to perform alternative control technology assessments, to the satisfaction of the Air Pollution Control Officer, which take into account energy, environmental and economic impacts of each alternative control. The assessment shall include the energy, environmental and economic impacts per unit of contaminant controlled for each alternative. Based on the assessment, the Air Pollution Control Officer shall require the application of an alternative control which the Officer determines, on a case-by-case basis, provides for the maximum emission reduction achievable by the applicant considering any adverse energy, environmental or economic impacts demonstrated by the applicant for the alternative controls. In no case shall the emissions from a new or modified stationary source exceed emission standards set forth in these Rules and Regulations and applicable standards under 40 CFR 60 (New Source Performance Standards) and 61 (National Emission Standards for Hazardous Pollutants).

(c) The provisions of Section (b) do not apply to the loading or unloading of bulk cement clinker cargo from ships.

(d) The Air Pollution Control Officer shall deny an Authority to Construct for a new unit, or replacement, reconstruction or modification of a unit which constitutes a major source or major modification or reconstruction as defined by these Rules and Regulations regardless of any contemporaneous emission reductions unless the new unit or modification or reconstruction or replacement is constructed to comply with the Lowest Achievable Emission Rate (LAER) for nonattainment pollutants and best available control technology for other pollutants. Best available control technology for the purposes of this section shall be determined, on a case-by-case basis, taking into account energy, environmental and economic impacts.

(e) Except as provided in (d) above the Air Pollution Control Officer shall allow the applicant to provide reductions in actual emissions of a contaminant from an existing stationary source in-lieu of the application of BACT to a new or modified stationary source, provided:

  1. The reduction in actual emissions is at least equal to the emissions increase from the new or modified stationary source;
  2. The reduction in actual emissions meets all the requirements of Rule 20.1(b)(2) pertaining to Actual Emission Reductions, and is calculated pursuant to Rule 20.1(c)(3). The reduction in actual emissions is not required to be contemporaneous [as defined in Rule 20.1(b)(13)] but must occur within five years preceding receipt of the complete application for the new or modified stationary source;
  3. The in-lieu reduction shall be at the new or modified stationary source; however, if the new or modified stationary source is not a Major Source or Major Modification [as defined in Rule 20.1(b)(23) and (24)], and does not create a local air quality problem, then the in-lieu reduction may be achieved at a different location in the air basin; and
  4. In no case shall the emissions from a new or modified stationary source exceed emission standards set forth in these Rules and Regulations and applicable standards under 40 CFR 60 and 61.