SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 20.3. STANDARDS FOR AUTHORITY TO CONTRUCT - AIR QUALITY OR IMPACT ANALYSIS (Effective 11/4/76; Delegation Effective 11/21/85; Revised 12/15/87)

(a) The Air Pollution Control Officer shall deny an Authority to Construct for any new or modified stationary source the Air Pollution Control Officer determines will result in an emission increase equal to or greater than the levels specified below unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer by modeling [as defined in Rule 20.1(b)(25)] that the emission increase resulting from operation of the new or modified stationary source, in conjunction with all other applicable increases and decreases (including secondary emissions) would not result in the violation of any national ambient air quality standard or interference with the attainment or maintenance of any national ambient air quality standard, or cause the violation of any applicable air quality increment in the San Diego Air Basin or adjoining air basins.

POLLUTANT POUNDS/HR

RATE

POUNDS/DAY

TONS/YEAR
Carbon Monoxide 100 550 100
Nitrogen Oxides 25 250 40
Sulfur Oxides 25 250 40
Volatile Organic Compounds 25 250 40
Particulate Matter 25 250 25
Lead Compounds Including Elemental Lead 3.2 0.6



(b) The Air Pollution Control Officer shall deny any Authority to Construct for any new major source or major modification that the Air Pollution Control Officer determines will result in an emissions increase equal to or greater than the levels specified below, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer by modeling [as defined in Rule 20.1(b)(25)] the impact on air quality of the emissions increase resulting from operation of the new or modified stationary source.

POLLUTANT RATE (TONS/YEAR
Asbestos 0.007
Beryllium 0.0004
Mercury 0.1
Vinyl Chloride 1.0
Fluorides 3.0
Sulfuric Acid Mist 7.0
Hydrogen Sulfide (H2S) 10.0
Total Reduced Sulfur  (including H2S) 10.0
Reduced Sulfur Compounds  (including H2S) 10.0



(c) The Air Pollution Control Officer shall deny any Authority to Construct for any new major source or major modification subject to Rule 20.3(b), or which would result in emissions increase equal to or greater than the annual emission levels specified in Rule 20.3(a) for pollutants for which the San Diego Air Basin is designated attainment or unclassifiable, unless the applicant provides an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the new or modified source and general commercial, residential, industrial, and other growth associated with the project.

Analysis of impairment to visibility, soils and vegetation shall be conducted according to the methods and procedures approved by the Environmental Protection Agency.

(d) Notwithstanding the threshold criteria specified in Section (a), the Air Pollution Control Officer may apply the provisions of this rule to any new or modified stationary source if the emissions from the stationary source may be expected to result in a violation of or interference with the attainment or maintenance of any national ambient air quality standard.

(e) Before granting or denying an Authority to Construct for any new or modified stationary source subject to the requirements of this rule, the Air Pollution Control Officer shall:

  1. Require the applicant to submit an analysis of ambient air quality in the area that the new or modified stationary source would affect for each pollutant subject to Rules 20.3(a) and 20.3(b) if the new or modified source is located in an area designated as attainment or unclassifiable pursuant to Section 107(d)(1)(D) or (E) of the Clean Air Act. For pollutants subject to Rule 20.3(a) for which ambient air quality analysis are required the applicant shall submit one year of continuous monitoring representing the year preceding application, unless the Air Pollution Control Officer determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not less than four months), in which case the data that is required shall have been gathered over at least that shorter period. For pollutants subject to Rule 20.3(b) the applicant shall submit such data as the Air Pollution Control Officer determines is necessary to access ambient air quality for that pollutant. The requirement for monitoring will be waived if representative monitoring data is available for the area the stationary source would affect. All monitoring data submitted to satisfy the requirements of this paragraph shall meet the requirements of 40 CFR 58, Appendix B.


  2. 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 required by the Air Pollution Control Officer to make the analysis required by this rule.


  1. Within thirty (30) days after receipt of an application for Authority to Construct, or any addition to such application, the Air Pollution Control Officer shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of Subsection (e)(5) of this section shall be the date on which all required information is received by the Air Pollution Control Officer.


  2. Upon determination of receipt of a complete application, notify the Federal Land Manager having responsibility over any Class I area that is within 100 kilometers of the proposed new or modified stationary source.


  3. After receipt of a complete application the Air Pollution Control Officer:


  4. (i) Shall analyze the effect of the new stationary source or modification on air quality and make a preliminary determination whether the source should be approved, approved with conditions, or disapproved. Such analysis shall consider expected air contaminant emissions and the effect of such emissions on 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 for non-attainment pollutants shall be based on application of existing state and local control strategies.

    (ii) Shall make available for public inspection at the Air Pollution Control District office the information submitted by the applicant, the Air Pollution Control Officer's analysis of BACT pursuant to Rule 20.2, the effect of the source on air quality, visibility, soils and vegetation, and the preliminary decision to grant or deny the Authority to Construct and the reasons therefore.

    (iii) Shall publish a notice by prominent advertisement in at least one newspaper of general circulation in the District, stating the preliminary decision of the Air Pollution Control Officer and where the public may inspect the information required in this subsection. The notice shall provide thirty (30) days, beginning on the date of publication, for the public to submit comments on the application. The notice shall state the degree of increment consumption expected. If a model, other than an EPA guideline model is used the notice will so state.

    (iv) Shall forward the analysis and copies of the notice required in this subsection to the U.S. Environmental Protection Agency, the State Air Resources Board, all adjoining air pollution control agencies, and the Federal Land Manager (if the new or modified source impacts a Class I area or is within 100 km of a Class I area).

    (v) Shall consider all comments submitted. If within the thirty (30) day period the Air Pollution Control Officer receives a written request from either the U.S. Environmental Protection Agency or the State Air Resources Board to defer his decision pending the requesting agency's review of the application, he shall honor such request for a period not to exceed 60 days. The final decision shall address the written comments, if any, of such agency.

  5. Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Air Pollution Control Officer in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Air Pollution Control Officer shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection at the Air Pollution Control District office.


  6. The Air Pollution Control Officer shall take final action on an application within thirty (30) days after the close of the public comment period or an extension pursuant to Subsection (e)(5)(v). The Air Pollution Control Officer shall notify the applicant in writing of his approval, conditional approval or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection at the Air Pollution Control District office.


(f) Receipt of an Authority to Construct shall not relieve the owner or operator of responsibility to comply with all other applicable air pollution rules and regulations.