SISAPCD RULE 6.1 STANDARDS FOR PERMITS TO CONSTRUCT          
LAST REVISED 01/01/89          
          
          *컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴*
          RULE 6.1  Standards for Permits to Construct
          *컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴*

          A. General
            1.  The  Control  Officer  shall deny a permit to construct for
                any new stationary source  or  modification  or any portion
                thereof,  unless  the  applicant  certifies that all  other
                stationary sources in the state which are owned or operated
                by  the  applicant are in compliance  or  are  on  approved
                schedule  for  compliance,  with  all  applicable  emission
                limitations  and  standards under the Clean Air Act (42 USC
                7401 et.seq.) and all  applicable  emission limitations and
                standards which are part of the State  Implementation  Plan
                approved by the Environmental Protection Agency.

            2.  The Control Officer shall deny a permit to construct for  a
                new  stationary  source or modification with a net increase
                in  emissions  as specified  in  Section  B.1.  unless  all
                district regulations  contained in the State Implementation
                Plan approved by the Environmental  Protection  Agency  are
                being carried out in accordance with that plan.

          B. Applicability and Exemptions
            1.  Sections  B., C., D., E., F., G., H., and I. shall apply to
                new stationary  sources  and  modifications which result in
                either:
               a.  A net increase in emissions of 250 or more pounds during
                   any day of any pollutant for  which  there is a national
                   ambient   air   quality   standard   (excluding   carbon
                   monoxide), or any precursor of such a pollutant; or
               b.  A net increase in emissions of 2500 or  more  pounds  of
                   carbon monoxide during any day.

            2.  New  sources  and  modifications  shall  be exempt from the
                requirement  for  offsets  (Section E.), although  BACT  is
                still required providing the source:
               a.  Will be used exclusively  for providing essential public
                   services, such as schools, hospitals, or police and fire
                   fighting facilities, but specifically  excluding sources
                   of electrical power generation other than  for emergency
                   standby use at essential public service facilities.
               b.  Is exclusively a modification to convert from  use  of a
                   gaseous  fuel to a liquid fuel because of a demonstrable
                   shortage  of   gaseous  fuels,  provided  the  applicant
                   establishes to the  satisfaction  of the Control Officer
                   that  he/she  has  made his/her best efforts  to  obtain
                   sufficient emissions  offsets  pursuant to Section E. of
                   this rule, that such efforts had been unsuccessful as of
                   the date the application was filed,  and  the  applicant
                   agrees  to  continue  to  seek  the  necessary emissions
                   offsets until construction on the new  stationary source
                   or modification begins. This exemption shall  only apply
                   if, at the time the permit to operate was issued for the
                   gas burning equipment, such equipment could have  burned
                   the liquid fuel without additional controls and been  in
                   compliance with all applicable district regulations.
               c.  Is  portable  sandblasting equipment used on a temporary
                   basis within the district.

               d.  Is  a  cogeneration  project,  a  project  using  refuse
                   derived  or biomass-derived fuels for energy generation,
                   or a resource  recovery  project using municipal wastes,
                   provided the applicant established  by modeling that the
                   new source or modification will not cause a violation or
                   exacerbate an existing violation of any national ambient
                   air  quality  standard  at the point of  maximum  ground
                   level  impact,  allowing  for  the  subtraction  of  any
                   natural  background levels of  particulate  matter  (non
                   respirable size).

          C. Calculation of Emissions
            1.  In  determining  the  emissions  from  a  proposed  new  or
                modified  stationary  source  estimates  shall  be based on
                maximum   design   capacity,   permit  limitations  on  the
                operation of the new source or modification, or source test
                data from identical equipment or  estimates  based  upon  a
                combination of these methods.

            2.  In determining emissions from an existing stationary source
                emissions  shall  be  based  on  specific  limiting  permit
                conditions  or source test data based upon normal operating
                conditions or a combination of these methods.

            3.  The net increase  in  emissions from new stationary sources
                and modifications which  are  not seasonal sources shall be
                determined   using   yearly  emissions   profiles.   Yearly
                emissions profiles for  an  existing or proposed stationary
                source or modification shall be constructed by plotting the
                daily emissions from such source.  A separate profile shall
                be constructed for each pollutant emitted.

            4.  The net increase in emissions from new  stationary  sources
                and  modifications  which  are  seasonal  sources  shall be
                determined using yearly and quarterly emissions profiles. A
                separate  profile  shall  be constructed for each pollutant
                emitted.

            5.  When   computing  the  net  increase   in   emissions   for
                modifications,  the Control Officer shall take into account
                the  cumulative  net   emissions   changes  (increases  and
                reductions) which are represented by  permits  to construct
                associated  with the existing stationary source and  issued
                pursuant to this  rule,  excluding any emissions reductions
                required to comply with federal,  state,  or district laws,
                rules or regulations.

          D. Best Available Control Technology (BACT)
             New  stationary  sources  and  modifications  excluding  cargo
             carriers,  shall  be constructed using best available  control
             technology.

          E. Mitigation (Offsets)
             For new stationary  sources and modifications mitigation shall
             be required for net emissions  increases (i.e. increases after
             the application of best available control technology):
            1.  Of each pollutant for which a  national ambient air quality
                standard was exceeded three discontinuous times (for annual
                standards, one time) within the  district  within the three
                years  immediately preceding the date when the  application
                for  the   permit  to  construct  was  filed  and  for  all
                precursors  of  such  pollutants  provided,  however,  that
                mitigation of  net  emission  increases  of  sulfur oxides,
                total suspended particulates or carbon monoxide  shall  not
                be  required if the applicant demonstrates through modeling
                that emissions from the new source or modification will not
                cause  a  new violation of any national ambient air quality
                standard  for   such   pollutants,  or  make  any  existing
                violation  of any such standard  worse,  at  the  point  of
                maximum ground level impact.

            2.  Net emissions  increases  subject  to this section shall be
                mitigated  (offset)  by  reduced  emissions  from  existing
                stationary  nonstationary  sources.  emissions   reductions
                shall  be  sufficient  to offset any net emissions increase
                and  shall take effect at  the  times,  or  before  initial
                operation,  of  the  new  source,  or  within 90 days after
                initial operation of a modification and  shall  continue as
                long as the new or modified source is operating.

            3.  Emissions offset profiles may be used to determine  whether
                proposed offsets mitigate the net emissions increases  from
                proposed  new  sources  or  modifications.  For  all offset
                sources,   a  yearly  emissions  offset  profile  shall  be
                constructed  in  a manner similar to that used to construct
                the  yearly emissions  profile  for  the  proposed  new  or
                modified  source.  A  separate profile shall be constructed
                for each pollutant emitted.  Seasonal  offsets shall not be
                used to mitigate the emissions from nonseasonal sources.
            4.  A  ratio  of emissions offsets to emissions  from  the  new
                source or modification  (offset  ratio)  of  1.2:1 shall be
                required  for emissions offsets located within  a  15  mile
                radius of the proposed new source or modification and based
                upon emissions profiles.

            5.  For proposed  emission offsets in which the offset ratio is
                from 1:1 to 1.2:1  the  applicant shall conduct modeling to
                verify a net air quality  benefit  in  the area affected by
                emissions from the new source or modification.

            6.  If an applicant certifies that the proposed  new  source or
                modification  is  a  replacement  for  the  applicant's pre
                existing  source  which  was  shut down or curtailed  after
                February  16,  1979, emissions reductions  associated  with
                such shutdown or curtailment may be used as offsets for the
                proposed source,  subject  to  the offset provision of this
                section.

            7.  Emissions reductions resulting from  measures  required  by
                adopted   federal,   state,  or  district  laws,  rules  or
                regulations  shall not  be  allowed  as  emissions  offsets
                unless a complete  application  incorporating  such offsets
                was  filed with the district prior to the date of  adoption
                of the laws, rules or regulations.

            8.  The Control  Officer  may  allow emissions reductions which
                exceed those required by this  rule  for  a  new  source or
                modification  to  be  banked  for use in the future by  the
                applicant. Such reductions shall  be  used  only  to offset
                emissions   increases   from   proposed   new   sources  or
                modifications owned or operated by the applicant  within 15
                miles of the site where the reductions occurred.

            9.  Emissions   reductions   of   one   precursor  (or  primary
                pollutant)  may  be  used to offset emission  increases  of
                another  precursor of the  same  pollutant.  The  ratio  of
                emission reductions  for  interpollutant  offsets  shall be
                determined  by  the  Control Officer based on existing  air
                quality data and subject  to  approval of the Air Resources
                Board.

          F. Permit Condition Requirements
             The  Control  Officer shall place written  conditions  on  the
             permits of the  new  stationary source or modification and the
             sources(s) used to provide  offsets to ensure that all sources
             are  operated in the manner assumed  in  making  the  analysis
             required  to  determine  compliance with this rule. The permit
             shall include an emission  limitation  which  corresponds with
             the application of BACT. In no event shall the  emission  rate
             reflected  by  the  control technique or limitation exceed the
             amount  allowable  under  applicable  new  source  performance
             standards. If offsets  are  obtained  from  a source for which
             there  is  no permit to operate, a written contract  shall  be
             required between  the  applicant  and the owner or operator of
             such source which contract, by its terms, shall be enforceable
             by the Control Officer.

          G. Analysis, Notice, and Reporting
             Following  acceptance  of  an  application  as  complete,  the
             Control Officer shall:
            1.  Perform the evaluations required  to  determine  compliance
                with  this rule and make a preliminary written decision  as
                to whether  a  permit  to  construct  should  be  approved,
                conditionally approved, or disapproved. The decision  shall
                be supported by a succinct written analysis.

             2. Within 10 calendar days following such decision, publish  a
                notice by prominent advertisement in at least one newspaper
                of   general   circulation  in  the  district  stating  the
                preliminary decision  of  the Control Officer and where the
                public  may inspect the required  information.  The  notice
                shall provide  30 days from the date of publication for the
                public  to  submit  written  comments  on  the  preliminary
                decision.

            3.  At  the  time  notice   of   the  preliminary  decision  is
                published,  make available for  public  inspection  at  the
                District Office the information submitted by the applicant,
                the  Control  Officer's   supporting   analysis   for   the
                preliminary decision, and the preliminary decision to grant
                or  deny  the  permit  to construct, including any proposed
                permit conditions, and the reasons there for.

            4.  No later than the date of  publication  of  the notice, for
                ward the analysis, the preliminary decision,  and copies of
                the  notice to the Air Resources Board and Regional  Office
                of the Environmental Protection Agency.

            5.  Consider  all  written comments submitted during the 30 day
                public comment period.

            6.  Within 180 days  after  acceptance  of  the  application as
                complete,  take  final  action  on  the  application  after
                considering all written comments. The Control Officer shall
                provide  written  notice  of  the  final  action   to   the
                applicant, the Environmental Protection Agency, and the Air
                Resources  Board;  shall publish such notice in a newspaper
                of general circulation;  and  shall make the notice and all
                supporting documents available for public inspection at the
                District Office.

          H. Power Plants
             All power plants proposed to be constructed  in  the  district
             and  for which a Notice of Intention (NOI) or Application  for
             Certification (AFC) has been accepted by the California Energy
             Commission  shall  be evaluated in accordance with the ARB/CEC
             agreement adopted on  January 23,  1979.  The Control Officer,
             pursuant  to Section 25538 of the Public Resources  Code,  may
             apply for reimbursement  of  all  costs,  including lost fees,
             incurred  in  order  to  comply  with the provisions  of  this
             section.

          I. Definitions

            1. Best Available Control Technology (BACT)
               For any source the more stringent of:
               a.  The most effective emissions control technique which has
                   been achieved in practice, for such category or class of
                   sources; or
               b.  Any  other  emissions  control  technique  found,  after
                   public  hearing,  by the Control  Officer  and  the  Air
                   Resources Board to  be technologically feasible and cost
                   effective for such class or category of sources or for a
                   specific source; or
               c.  For those pollutants  for which the national ambient air
                   quality standards are violated in the district, the most
                   effective emission limitation  which  the  Environmental
                   Protection   agency   certifies  is  contained  in   the
                   implementation plan of  any  state  approved  under  the
                   Clean  Air  Act  for  such  class or category of source,
                   unless  the owner or operator  of  the  proposed  source
                   demonstrates that such limitations are not achievable.

            2.  Modification
                Any physical  change  in, change in method of operation of,
                or addition to an existing  stationary  source, except that
                routine maintenance or repair shall not be considered to be
                a  physical  change. A change in the method  of  operation,
                unless  previously   limited   by   an  enforceable  permit
                condition, shall not include:
               a.  An  increase in the production rate,  if  such  increase
                   does  not  exceed  the  operating design capacity of the
                   source.
               b.  An increase in the hours of operation.
               c.  Change in ownership of a source.
            3.  Stationary Source
                Any structure, building, facility,  equipment, installation
                or operation (or aggregation thereof)  which  is located on
                one  or  more bordering properties within the district  and
                which is owned,  operated,  or  under shared entitlement to
                use by the same person. Items of  air  contaminant-emitting
                equipment  shall  be considered aggregated  into  the  same
                stationary        source,        and        items        of
                non-air-contaminant-emitting  equipment shall be considered
                associated  with air- contaminant-emitting  equipment  only
                if:
               a.  The operation  of  each  item  of equipment is dependent
                   upon, or affects the process of, the others; and
               b.  The operation of all such items  of equipment involves a
                   common raw material or product.
                Emissions   from   all  such  aggregated  items   of   air-
                contaminant-emitting  equipment  and  all  such  associated
                items   of  non-air-contaminant-emitting  equipment  of   a
                stationary source shall be considered emissions of the same
                stationary  source.  The  emissions from all cargo carriers
                (excluding  motor  vehicles)  while  operating  within  the
                district  shall  be  considered   as   emissions  from  the
                stationary source.

            4. Precursor
                A  directly emitted pollutant that, when  released  to  the
                atmosphere,  forms or causes to be formed or contributes to
                the formation of a secondary pollutant for which an ambient
                air quality standard has been adopted, or whose presence in
                the atmosphere  will  contribute to the violation of one or
                more ambient air quality standards.

          --------------------------------------------------------------------
                      Precursors                       Secondary Pollutants

                Hydrocarbons        and          a. Photochemical oxidant
                   substituted                      (ozone).
                   hydrocarbons                  b. The organic fraction of
                   (reactive)   organic             suspended particulate
                   gases)                           matter.

                Nitrogen oxides (NOx)            a. Nitrogen dioxide (NO2).
                                                 b. The nitrate fraction of
                                                    suspended particulate
                                                    matter.
                                                 c. Photochemical oxidant
                Sulfur oxides (SOx)                 (ozone).

                                                 a. Sulfur dioxide (SO2).
                                                 b. Sulfates (SO4).
                                                 c. The sulfate fraction of
                                                    suspended particulate
                                                    matter.
            5. Seasonal Source
                Any source with more than 75 percent of its annual
                operating hours within a consecutive 90-day period.

            6. Modeling
                Using an air quality simulation model, based on specified
                assumptions and data, which has been approved in writing by
                the Executive Officer of the Air Resource. Board.

          J. Severability
             If any portion of this rule is found to be unenforceable, such
             finding shall have no effect on the enforceability of the
             remaining portions of the rule, which shall continue to be in
             full force and effect.

                                      * * * * *