SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
 
 
 
 
NOTE: The following listed sections and subsections will not be submitted to the federal Environmental Protection Agency (EPA) for inclusion in the San Diego State Implementation Plan (SIP):  Subsections (b)(2), (b)(3), (d)(1)(i), (d)(1)(ii), (d)(1)(iii), (d)(2)(v), (d)(5)(i), (d)(5)(ii) and (d)(5)(iv). Subsections (d)(2)(i) through (d)(2)(iv), and (d)(2)(vi) will be submitted to EPA for inclusion in the SIP only with respect to national ambient air quality standards. 
 

RULE 20.3. NEW SOURCE REVIEW - MAJOR STATIONARY SOURCES AND PREVENTION OF SIGNIFICANT DETERIORATION (PSD) STATIONARY SOURCES

(Adopted & Effective: 5/17/94; Rev. Effective 12/17/97)
 
 

(a) APPLICABILITY

This rule applies to any new or modified major stationary source, to any new or modified emission unit and to any relocated emission unit being moved from a stationary source if, after completion of the project, the stationary source will be a major stationary source or a Prevention of Significant Deterioration (PSD) Stationary Source.

(b) EXEMPTIONS

The exemptions contained in Rule 20.1, Section (b) apply to this rule. In addition, for purposes of this rule, the following exemptions shall apply.
 

  1. Emission units which are to be temporarily relocated to another stationary source shall be exempt from the provisions of Subsection (d)(1)(ii) provided that:
  1.  Emission units which are intended to be permanently relocated to another stationary source shall be exempt from the provisions of Subsection (d)(1)(ii), provided that:
    (i)    There is no increase in the emission unit's potential to emit,

    (ii)     The relocation occurs within 10 miles of the previous stationary source, and

    (iii)    The relocated emission unit commences operating at the stationary source it was relocated to within one year of the emission unit ceasing operations at its previous stationary source.
     

  1.  Emission increases resulting from an air contaminant emission control project shall be exempt from the emission offset requirements of Subsection (d)(5), (d)(6), (d)(7) and (d)(8) of this rule to the extent that the project does not include an increase in the capacity of the emission unit being controlled. Emission increases that are associated with an increase in capacity of the emission unit being controlled shall be subject to the emission offset provisions of this rule, as applicable.
(c) DEFINITIONS

The definitions contained in Rule 20.1, Section (c) apply to this rule.

(d) STANDARDS
 

  1. Best Available Control Technology (BACT) and Lowest Achievable Emission Rate (LAER)

  2. The Air Pollution Control Officer shall deny an Authority to Construct or modified Permit to Operate for any emission unit subject to this rule unless the applicant demonstrates that the following requirements will be satisfied:
  1.  Air Quality Impact Analysis (AQIA)
 
TABLE 20.3 - 1 
AQIA Trigger Levels
Emission Rate
Air Contaminant (lb/hr) (lb/day) (tons/yr)
Particulate Matter (PM10)  

Oxides of Nitrogen (NOx)  

Oxides of Sulfur (SOx)  

Carbon Monoxide (CO)  

Lead and Lead Compounds

----  

25  

25  

100  

----

100  

250  

250  

550  

3.2

15  

40  

40  

100  

0.6

 
  1. Prevention of Significant Deterioration (PSD)

  2. The Air Pollution Control Officer shall deny an Authority to Construct or modified Permit to Operate for any project subject to this rule unless the applicant demonstrates that the following requirements are satisfied.
 
  1.  Public Notice and Comment
  2. The Air Pollution Control Officer shall not issue an Authority to Construct or modified Permit to Operate for any project subject to the AQIA or notification requirements of Subsections (d)(2) or (d)(3) above, nor for any project which results in an emissions increase of VOC equal to or greater than 250 pounds per day or 40 tons per year, nor for any project that would otherwise constitute a new major source or a major modification, unless the following requirements are satisfied.
  1.  Emission Offsets
    Except as provided for in Subsection (d)(8), the Air Pollution Control Officer shall not issue an Authority to Construct or modified Permit to Operate for any project subject to this rule unless emission offsets are provided on a pollutant specific basis for any emission increases of non-attainment air contaminants and their precursors. Emission offsets shall be provided for emission increases from projects to the extent by which the stationary source's post-project aggregate potential to emit is greater than 15 tons per year, as specified below. Interpollutant offsets may be used, provided such offsets meet the requirements of Subsection (d)(5)(vi).
TABLE 20.3 - 2 
VOC and NOx Offset Ratio 
Federal Serious Ozone Non-Attainment Classification
Stationary Source's Post-Project Aggregate VOC or Nox
Offset Ratio
Potential to Emit NOx VOC
Potential < 15 tons/year None None
Potential > 15 tons/year 1 : 1 1 : 1
Potential > 50 tons/year 1.2:1.0 1.2:1.0
The federal offset ratios of 1.2 to 1.0 specified in this Table shall only apply if the new or modified emission unit or project constitutes a new major source or major modification.
   
TABLE 20.3 - 3 
Interpollutant Ratio
Emission Increase Decrease Interpollutant Ratio
Oxides of Nitrogen (NOx) NOx 
VOC
1.0 
2.0
Volatile Organic Compounds (VOC) VOC 
NOx
1.0 
1.0
 
  1. Emission Offset Requirements: Use of District Bank Emission Reduction Credits (ERCs)
  2. The Air Pollution Control Officer may elect to provide emission offsets from a District developed and maintained District Bank provided that the following are satisfied:
 
  1. Exemption From LAER
  2. Any stationary source which provides VOC or NOx emission reductions from within the stationary source at a ratio of at least 1.3 to 1.0 for any increase of VOC or NOx subject to the LAER provisions of Subsection (d)(1)(v), shall be exempt from the requirements of this rule for LAER and from further emission offsets for such increases. In addition, any modification of an existing stationary source which results in an emission increase of VOC or NOx may apply BACT instead of LAER provided the stationary source's post-project aggregate potential to emit is less than 100 tons per year of VOC or NOx. This provision shall apply on a pollutant specific basis.
 
  1. Determining Applicability of LAER and Federal Offset Provisions
  2. The determination that a project at an existing major stationary source is a major modification and is subject to the LAER and federal emission offsets provisions of this Subsection (d)(8) shall be based on the stationary source's contemporaneous emission increases. The determination that a project at a new stationary source is a new major source and is subject to the LAER and emission offset provisions of this Subsection (d)(8) shall be based on the post-project potential to emit of the project.
 

(e) ADDITIONAL REQUIREMENTS
 

  1. Compliance Certification

  2. Prior to receiving an Authority to Construct or modified Permit to Operate pursuant to this rule, an applicant for any new or modified stationary source required to satisfy the LAER provisions of Subsection (d)(1) or the major source offset requirements of Subsection (d)(8) shall certify that all major stationary sources owned or operated by such person, or by any entity controlling, controlled by or under common control with such a person, in the state are in compliance, or on an approved schedule for compliance, with all applicable emission limitations and standards under the federal Clean Air Act.
 
  1.  Alternative Siting and Alternatives Analysis
    The applicant for any new major stationary source required to satisfy the LAER provisions of Subsection (d)(1) or the major source offset requirements of Subsection (d)(5), shall conduct an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrates that the benefits of the proposed source outweigh the environmental and social costs imposed as a result of its location or construction. Analyses conducted in conjunction with state or federal statutory requirements may be used.