SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
Rule 20.1. NEW SOURCE REVIEW - GENERAL PROVISIONS
(Effective: 7/5/79; Rev. Adopted & Effective 5/17/94; 5/15/96)
(a) APPLICABILITY
Except as provided in Rule 11 or Section (b) of this rule, this rule
applies to any new or modified emission unit, any replacement emission
unit, any relocated emission unit or any portable emission unit for which
an Authority to Construct or Permit to Operate is required pursuant to
Rule 10, Rule 20.4 or Rule 20.10, or for which a Determination of Compliance
is required pursuant to Rule 20.5.
(b) EXEMPTIONS
Except as provided below, the provisions of Rules 20.1, 20.2, 20.3,
20.4, 20.9 and 20.10 shall not apply to:
(i) Repair or routine maintenance of an existing emission unit.
(ii) A change of ownership.
(iii) An increase in the hours of operation.
(iv) Use of alternate fuel or raw material.
(i) The application was deemed complete before May 17, 1994, and
(ii) The application is not for equipment located at a major stationary
source, and
(iii) Construction pursuant to an Authority to Construct will be completed
within one year after issuance of the Authority to Construct. The Air Pollution
Control Officer may extend the time period allowed for construction, on
a case-by-case basis, if litigation prevents construction within the one-year
period or the applicant has, at the time of issuance of the Authority to
Construct, demonstrated that the complexity of the construction of the
project is such that a one-year period would be insufficient to complete
construction.
Such applications shall be subject to all of the provisions of Rules
20.1, 20.2, 20.3, 20.4 and 20.7 as they were in effect prior to May 17,
1994. Notwithstanding this exemption, the applicant may request that an
application be evaluated pursuant to Rules 20.1, 20.2, 20.3, 20.4, 20.9
and 20.10 as they are currently in effect.
(i) The application was deemed complete between November 15, 1992 and
May 17, 1994, and
(ii) Construction pursuant to an Authority to Construct will be completed
within one year after issuance of the Authority to Construct. The Air Pollution
Control Officer may extend the time period allowed for construction, on
a case-by-case basis, if litigation prevents construction within the one-year
period or the applicant has, at the time of issuance of the Authority to
Construct, demonstrated that the complexity of the construction of the
project is such that a one-year period would be insufficient to complete
construction.
Such applications shall be subject to all of the provisions of Rules
20.1, 20.2, 20.3, 20.4, and 20.7 as they were in effect prior to May 17,
1994, provided that the source complies with the 1990 federal Clean Air
Act requirements for Lowest Achievable Emission Rate (LAER) and Emission
Offsets. Notwithstanding this exemption, the applicant may request that
an application be evaluated pursuant to Rules 20.1, 20.2, 20.3, 20.4, 20.9
and 20.10 as they are currently in effect.
(c) DEFINITIONS (Rev. Effective 5/15/96)
For purposes of Rules 20.1, 20.2, 20.3, 20.4, 20.5, 20.9 and 20.10,
the following definitions shall apply:
(i) The lowest emitting of any of the following:
(A) The most stringent emission limitation, or the most effective emission
control device or control technique, which has been proven in field application
and which is cost-effective for such emission unit, unless the applicant
demonstrates to the satisfaction of the Air Pollution Control Officer that
such limitation, device or control technique is not technologically feasible,
or
(B) Any emission control device, emission limitation or control technique
which has been demonstrated but not necessarily proven in field application,
and which is cost-effective, as determined by the Air Pollution Control
Officer, unless the applicant demonstrates to the satisfaction of the Air
Pollution Control Officer that such limitation, device or control technique
is not technologically feasible, or
(C) Any alternative basic equipment, replacement of an emission unit with
a lower emitting emission unit, installation of control equipment, process
modifications, changes in raw material including alternate fuels, and substitution
of equipment or processes with alternative equipment or processes, or any
combination of these, determined by the Air Pollution Control Officer on
a case-by-case basis to be technologically feasible and cost-effective,
including transfers of technology from another category of source, or
(D) The most stringent emission limitation, or the most effective emission
control device or control technique, contained in any State Implementation
Plan (SIP) approved by the federal Environmental Protection Agency for
such emission unit category, unless the applicant demonstrates to the satisfaction
of the Air Pollution Control Officer that such limitation or technique
has not been proven in field application, that it is not technologically
feasible or that it is not cost-effective.
(ii) For modified emission units, the entire emission unitÕs
post-project potential to emit shall be subject to BACT, except as follows.
The provisions of this Subsection (c)(10)(ii) shall not apply to relocated
or replacement emission units.
(A) BACT applies to the emissions increase associated with the modification
and not the emission unitÕs entire potential to emit, if control
technology, an emission limit or other emission controls meeting the BACT
definition was previously applied to the unit.
(B) BACT applies to the emission unitÕs entire potential to emit,
if the emission unit was previously subject to BACT, but BACT was determined
to not be cost-effective, technologically feasible or proven in field application.
(C) BACT applies to the emissions increase associated with the emission
unit and not the emission unitÕs entire potential to emit if the
emissions increase associated with the modification is less than 25 percent
of the emission unitÕs pre-project potential to emit and if the
project's emission increase is less than the major modification thresholds
of Table 20.1-5.
(iii) In no event shall application of BACT result in the emission of
any air contaminant which would exceed the emissions allowed by any District
rule or regulation, or by any applicable standard under 40 CFR Part 60
(New Source Performance Standards) or 40 CFR Part 61 (National Emission
Standards for Hazardous Pollutants). Whenever feasible, the Air Pollution
Control Officer may stipulate an emission limit as BACT instead of specifying
control equipment. In making a BACT determination, the Air Pollution Control
Officer shall take into account those environmental and energy impacts
identified by the applicant.
(i) Actual emission reductions occurring at the stationary source, and
(ii) Reductions in the potential to emit of a new or modified unit,
which unit resulted in an emission increase within the five-year contemporaneous
period at the stationary source. In no case shall the reduction in the
potential to emit exceed the emission increases from the new or modified
unit that occurred within the five-year contemporaneous period.
(i) Water, wastewater and wastewater-sludge treatment plants which are
publicly owned or are public-private partnerships under public control.
This shall not include facilities treating hazardous materials other than
hazardous materials which may be used in the process or hazardous materials
whose presence in the water, wastewater or wastewater sludge being treated
is incidental.
(ii) Solid waste landfills and solid waste recycling facilities which
are publicly owned or are public-private partnerships under public control,
not including trash to energy facilities or facilities processing hazardous
waste.
(i) Actual emission increases occurring at any major stationary source
after the major source baseline date, and
(ii) Actual emission increases from any non-major stationary source,
area source, or mobile source occurring after the non-major source baseline
date.
(i) Actual emission reductions occurring at any major stationary source
after the major source baseline date, and
(ii) Actual emission reductions from any non-major stationary source,
area source, or mobile source occurring after the non-major source baseline
date.
(i) The lowest emitting of any of the following:
(A) The most stringent emission limitation, or most effective emission control device or control technique, contained in any State Implementation Plan (SIP) approved by the federal Environmental Protection Agency for such emission unit category, unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such emission limitation or technique is not achievable, or
(B) The most stringent emission limitation which is achieved in practice by such class or category of emission unit, or
(C) Best Available Control Technology (BACT).
(ii) For modified emission units, the entire emission unitÕs
post-project potential to emit shall be subject to LAER, except as follows.
The provisions of this Subsection (c)(28)(ii) shall not apply to relocated
or replacement emission units.
(A) For existing emission units, LAER applies to the emissions increase
associated with the modification and not the emission unitÕs entire
potential to emit, if control technology, an emission limit or other emission
controls meeting the LAER or BACT definition was previously applied to
the unit.
(B) For existing emission units, LAER applies to the emission unitÕs
entire potential to emit, if the emission unit was previously subject to
BACT, but BACT was determined to not be cost-effective, technologically
feasible or proven in field application.
(C) For existing emission units, LAER applies to the emissions increase
associated with the emission unit and not the emission unitÕs entire
potential to emit if the emissions increase associated with the modification
is less than 25 percent of the emission unitÕs pre-project potential
to emit and if the project's emission increase is less than the major modification
thresholds of Table 20.1-5.
(iii) In no event shall application of LAER result in the emission of
any air contaminant which would exceed the emissions allowed by any District
rule or regulation, or by any applicable standard under 40 CFR Part 60
(New Source Performance Standards) or 40 CFR Part 61 (National Emission
Standards for Hazardous Pollutants) as they exist on May 17, 1994.
NOTE: The emission rates
specified in this Table shall be used only if San Diego County has received
final reclassification to a ÒseriousÓ ozone non-attainment
area by the federal Environmental Protection Agency. As of May 17, 1994,
San Diego County was classified as a ÒsevereÓ ozone nonattainment
area by the federal Environmental Protection Agency.
(i) The movement of a portable emission unit from one stationary source
to another.
(ii) Repair or routine maintenance of an existing emission unit.
(iii) An increase in the hours of operation.
(iv) Use of alternate fuel or raw material.
(i) The replacement of an emission unit, provided there is no increase
in the unitÕs potential to emit or in the potential to emit of any
other unit at the stationary source.
(ii) The movement to or from the stationary source of any portable emission
unit, provided there is no increase in the potential to emit of any other
unit at the stationary source.
(i) Any emission unit not constructed, installed or operated in San
Diego County as of May 17, 1994, or which does not hold a valid Authority
to Construct or Permit to Operate from the District, except as provided
for in Subsection (b)(1).
(ii) Any emission unit which was inactive for a one-year period or more
and which did not hold a valid Permit to Operate during that period.
(i) Emissions from ships or trains coming to or from the stationary
source, unless such emissions are regulated by Title II of the federal
Clean Air Act, and
(ii) Emission increases from any emission unit at a support facility not
located at the stationary source, but which would not otherwise be constructed
or increase emissions, and
(iii) Emissions from any emission unit mounted on a ship, boat, barge,
train, truck or trailer, where the operation of the emission unit is dependent
upon, or affects the process or operation (including duration of operation)
of any emission unit located on the stationary source.
"Volatile Organic Compound (VOC)" means any volatile
compound containing at least one atom of carbon excluding methane, carbon
monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates,
ammonium carbonates, and exempt compounds. Exempt compound means the same
as defined in Rule 2. (Rev. Effective 5/15/96)
(d) EMISSION CALCULATIONS
(i) Calculation of Potential to Emit
Except as provided in Subsections (d)(1)(i)(A), (B), and (C), the potential
to emit shall be calculated based on the maximum design capacity or other
operating conditions which reflect the maximum potential emissions, including
fugitive emissions.
(A) Permit Limitations Shall be Used
If specific limiting conditions contained in an Authority to Construct
or Permit to Operate restrict or will restrict emissions to a lower level,
these limitations shall be used to calculate the potential to emit.
(B) Potential to Emit Shall Not Exceed Maximum Potential
If specific conditions limiting a unitÕs pre-project potential to
emit are not contained in an Authority to Construct or Permit to Operate,
the pre-project potential to emit shall be limited to the emission unit's
actual emissions or to a lower level of emissions, as the applicant and
the Air Pollution Control Officer may agree, provided such limitation is
enforceable through permit conditions and does not violate any District,
state or federal law, rule, regulation, order or permit condition. The
Air Pollution Control Officer may base the pre-project potential to emit
on the highest level of emissions occurring during a one-year period within
the five-year period preceding the receipt date of the application, provided
that the emission level was not in excess of any District, state or federal
law, rule, regulation, order or permit condition. If the potential to emit
is being determined for purposes of calculating an actual emission reduction,
the provisions of Subsection (d)(2) shall apply.
(C) Calculation of Pre-Project Potential to Emit for Emission Units
Located at Major Stationary Sources
If a new or modified emission unit is or will be located at a major stationary
source, the pre-project potential to emit of the emission unit shall be
calculated as follows, unless an Authority to Construct or Permit to Operate
has been issued pursuant to the current version of Rules 20.1, 20.2, 20.3,
20.4, 20.9 or 20.10. For purposes of determining the post-project aggregate
potential to emit pursuant to Subsection (d)(1)(ii), these calculation
procedures shall not apply to emission units not being modified and instead
the procedures of Subsections (d)(1)(i)(A) and (B) shall apply.
(1) If an emission unitÕs pre-project actual emissions are less
than 80 percent of the emission unitÕs potential to emit calculated
pursuant to Subsections (d)(1)(i)(A) and (B), then the emission unitÕs
pre-project potential to emit shall be the same as the unitÕs actual
emissions.
(2) If an emission unitÕs pre-project actual emissions are equal
to or greater than 80 percent of the emission unitÕs potential to
emit calculated pursuant to Subsection (d)(1)(i)(A) and (B), then the emission
unitÕs pre-project potential to emit shall be as calculated pursuant
to Subsection (d)(1)(i)(A) and (B).
(ii) Calculation of Aggregate Potential to Emit - Stationary Source
Except as provided for below in Subsections (d)(1)(ii)(A), (B), and
(C), the aggregate potential to emit of a stationary source shall be calculated
as the sum of the post-project potential to emit of all emission units
permitted for the stationary source, including emission units under District
review for permit and those to which Subsection (b)(1) applies.
(A) Permit-Exempt Equipment
The potential to emit of emission units exempt from permit requirements
by Rule 11 shall not be included in the aggregate potential to emit of
a stationary source, unless the applicant and the Air Pollution Control
Officer agree to place all such emission units which would be classified
under the same class or category of source under permit for purposes of
creating emission reduction credits. In such case, the potential to emit
of each such emission unit shall be included in the stationary source's
aggregate potential to emit.
(B) Emergency Equipment
The potential to emit from the maintenance operation of emergency equipment
shall be included in the calculation of a stationary source's aggregate
potential to emit. The potential to emit from operation of emergency equipment
during emergency situations shall be excluded from the calculation of a
stationary source's aggregate potential to emit.
(C) Portable Emission Units
Portable emission units shall be excluded from the calculation of a stationary
source's aggregate potential to emit.
(i) Time Period for Calculation
(A) Actual emissions of an existing emission unit shall be calculated
on an operating hour, day and year basis averaged over the most representative
two consecutive years within the five years preceding the receipt date
of an application, as determined by the Air Pollution Control Officer.
(B) For emission units which have not been operated for a consecutive
two-year period which is representative of actual operations within the
five years preceding the receipt date of the application, the calculation
of actual emissions shall be based on any two one-year operating periods
determined by the Air Pollution Control Officer to be representative within
that five-year period. If a representative two-year operating time period
does not exist, the calculation of actual emissions shall be based on the
total operational time period within that five-year period.
(ii) Time Periods Less Than Six Months - Potential to Emit
For determining potential to emit, actual emissions for emission units
operated for a period less than six months shall be based on the longest
operating time period determined by the Air Pollution Control Officer to
be most representative of actual operations.
(iii) Adjustments For Determining Actual Emission Reductions
The following adjustments shall be made in determining actual emission
reductions:
(A) Units Permitted and Operated Less Than Two Years
If an emission unit has been permitted and operated for a period less than
two years, the emission unitÕs actual emissions (in tons per year)
shall be calculated as the unitÕs actual emissions (in tons) over
the actual operating time period times the actual operating time period
in days divided by 1460 days.
(B) Adjustments for Rule Violations
If an emission unit was operated in violation of any District, state or
federal law, rule, regulation, order or permit condition during the period
used to determine actual emissions, the actual emissions shall be adjusted
to reflect the level of emissions which would have occurred if the emission
unit had not been in violation.
(C) Adjustments for Federal Reasonably Available Control Technology
(RACT)
Actual emission reductions shall exclude emission reductions which would
have occurred had RACT requirements, determined by the Air Pollution Control
Officer to meet the requirements of the 1990 federal Clean Air Act Amendments,
been applied.
(i) New Emission Units
Emission increases from a new project or emission unit shall be calculated
by using the potential to emit for the project or emission unit.
(ii) Modified Emission Units
Emission increases from a modified project or emission unit shall be calculated
as the projectÕs or emission unit's post-project potential to emit
minus the projectÕs or emission unit's pre-project potential to
emit.
(iii) Relocated Emission Units
Emission increases from a relocated project or emission unit shall be calculated
as the projectÕs or emission unit's post-project potential to emit
minus the projectÕs or emission unit's pre-project potential to
emit.
(iv) Replacement Emission Units
Emission increases from a replacement project or emission unit shall be
calculated as the replacement projectÕs or emission unit's post-project
potential to emit minus the existing projectÕs or emission unit's
pre-project potential to emit.
(v) Portable Emission Units
Emission increases from a portable emission unit shall be calculated as
the emission unit's post-project potential to emit minus the emission unit's
pre-project potential to emit.
(vi) Determining Emission Increases for AQIA Trigger Levels
When calculating emission increases for purposes of comparing with the
Air Quality Impact Analysis (AQIA) trigger levels of Rules 20.2, 20.3 or
20.9, area fugitive emissions of particulate matter (PM10) shall be excluded
from the pre-project potential to emit and the post-project potential to
emit calculations, unless the Air Pollution Control Officer determines,
on a case-by-case basis, that a projectÕs area fugitive emissions
of PM10 must be evaluated in order to protect public health and welfare.
(i) Reduction in the Potential to Emit
(A) Modified Emission Units
Reduction in the potential to emit for a modified project or emission unit
shall be calculated as the projectÕs or emission unit's pre-project
potential to emit minus the projectÕs or emission unit's post-project
potential to emit.
(B) Relocated Emission Units
Reduction in the potential to emit for a relocated project or emission
unit shall be calculated as the projectÕs or emission unit's pre-project
potential to emit minus the projectÕs or emission unit's post-project
potential to emit.
(C) Replacement Emission Units
Reduction in the potential to emit for a replacement project or emission
unit shall be calculated as the existing projectÕs or emission unit's
pre-project potential to emit minus the replacement projectÕs or
emission unit's post-project potential to emit.
(D) Portable Emission Units
Reduction in the potential to emit for a portable emission unit shall be
calculated as the emission unit's pre-project potential to emit minus the
emission unit's post-project potential to emit.
(ii) Actual Emission Reduction
Notwithstanding any other provision of this rule, actual emissions calculated
pursuant to Subsection (d)(2) shall be used for purposes of determining
an actual emission reduction in accordance with this Subsection (d)(4)(ii).
An actual emission reduction must be real, surplus, enforceable, quantifiable
and may be permanent or temporary in duration. A temporary actual emission
reduction shall be identified as temporary and shall include a specific
date beyond which the reductions are no longer valid.
(A) Shutdowns
Actual emission reductions from the shutdown of an emission unit shall
be calculated based on the emission unit's pre-project actual emissions.
(B) Modified Emission Units
Actual emission reductions from a modified project or emission unit shall
be calculated as the projectÕs or emission unit's pre-project actual
emissions minus the projectÕs or emission unit's post-project potential
to emit.
(C) Relocated Emission Units
Actual emission reductions from a relocated project or emission unit shall
be calculated as the projectÕs or emission unit's pre-project actual
emissions minus the projectÕs or emission unit's post-project potential
to emit.
(D) Replacement Emission Units
Actual emission reductions from a replacement project or emission unit
shall be calculated as the existing projectÕs or emission unit's
pre-project actual emissions minus the replacement projectÕs or
emission unit's post-project potential to emit.
(E) Portable Emission Units
Actual emission reductions from a portable emission unit shall be calculated
as the emission unit's pre-project actual emissions minus the emission
unit's post-project potential to emit.
(i) Emission offsets shall consist of actual emission reductions calculated
in accordance with Subsection (d)(4)(ii) or shall be Class 'A' Emission
Reduction Credits pursuant to Rule 26.0 et seq. In order to be considered
an emission offset, actual emission reductions or Emission Reduction Credits
must be valid for the life of the emission increase which they are offsetting.
(ii) In order to qualify as an emission offset, actual emission reductions
shall be banked pursuant to District Banking Rules 26.0 et seq., unless
the actual emission reductions are being proposed to offset emission increases
occurring concurrently at the stationary source. In such a case, the Air
Pollution Control Officer may choose to administratively forego the issuance
of Emission Reduction Credits.
(iii) Emission offsets shall be in effect and enforceable at the time
of startup of the emission unit requiring the offsets. Emission offsets
must be federally enforceable if the source is major for the pollutant
for which offsets are being provided. If interpollutant offsets are being
provided, the offsets must be federally enforceable if the pollutant they
are offsetting is major.
(iv) Emission offsets shall be provided on a ton per year basis.
(v) Emission offsets shall be located in San Diego County.
(e) OTHER PROVISIONS