VENAPCD RULE 26.1 NEW SOURCE REVIEW -DEFINITIONS

LAST REVISED 10/22/91



Rule 26.1. New Source Review - Definitions (Adopted 10/22/91)

For the purposes of this rule the following definitions shall

apply:

1. "Ambient Air Quality Standards": The federal and state

ambient air quality standards. For the purposes of

submittal of Rule 26 to the U.S. Environmental Protection

Agency for inclusion in the state implementation plan, all

references to ambient air quality standards shall be

interpreted as federal ambient air quality standards.

2. "Banking": The process of determining the eligibility of

emission reductions, and the certification and registration

of eligible emission reductions as emission reduction

credits.

3. "Best Available Control Technology (BACT)": The most

stringent emission limitation or control technology for an

emissions unit which:

a. Has been achieved in practice for such emissions unit

category, or

b. Is contained in any implementation plan approved by

the Environmental Protection Agency for such emissions

unit category. A specific limitation or control shall

not apply if the owner or operator of such emissions

unit demonstrates to the satisfaction of the Air

Pollution Control Officer (APCO) that such limitation

or control technology is not presently achievable, or

c. Any other emission limitation or control technology,

including, but not limited to, replacement of such

emissions unit with a lower emitting emissions unit,

application of control equipment or process

modifications, determined by the APCO to be

technologically feasible for such emissions unit and

cost effective as compared to the BACT cost

effectiveness threshold adopted by the Ventura County

Air Pollution Control Board.

In defining emissions unit categories, the APCO may take

into account the function of the emissions unit, the

capacity of the emissions unit, the annual throughput of the

emissions unit and the location of the emissions unit with

respect to electricity or fuels needed to achieve an

emission limitation or control technology.

4. "Community Bank": An account which contains community

emission reduction credits which are to be used as offsets

for emission increases from new, replacement, modified, and

relocated emissions units located at small stationary

sources and essential public services.

5. "Effective Date": The date by which compliance must be

achieved with a requirement in a rule.

6. "Emission Increase": A change in emissions with a value

greater than zero, as calculated pursuant to Rule 26.6.D.

7. "Emission Reduction": A change in emissions with a value

greater than zero, as calculated pursuant to Rule 26.6.E.

8. "Emission Reduction Credit (ERC)": The banked emission

reductions available for use as an offset for emission

increases from new, replacement, modified or relocated

emissions units.

9. "Emissions Unit": Any operation, article, machine,

equipment or contrivance which may emit or reduce the

emission of any air contaminant or pollutant.

10. "Enforceable emission reduction": An emission reduction

which is assured by changes to a Permit to Operate that

reflect a reduced potential to emit, or assured by the

surrender or revocation of a Permit to Operate.

11. "Essential Public Service": Essential public services are

the following; publicly owned sewage treatment plants,

jails, police or fire fighting facilities, schools,

hospitals, ambulance services, and publicly owned or

nonprofit water delivery operations.

12. "Existing Emission Reduction Credit": Existing emission

reduction credits are:

a. Emission reduction credits certified pursuant to Rule

26.4 as it existed prior to October 22, 1991, which are

not currently being used as offsets on October 22,

1991. Notwithstanding the previous sentence any

emission reduction credits certified pursuant to Rule

26.4 as it existed prior to October 22, 1991, which are

temporarily transferred to a stationary source on

October 22, 1991 shall be considered existing emission

reduction credits, or

b. Emission reductions for which an application to bank

emission reduction credits was deemed complete before

October 22, 1991, which have not been used as offsets,

or

c. Reductions in emissions at a stationary source

certified pursuant to the procedures in Rule 26.1 as it

existed prior to October 22, 1991, or in the process of

certification on October 22, 1991, minus any increases

from new, modified, or replacement emissions units at

that stationary since June 19, 1979.

13. "Further Study Measure": A potential control measure

which is identified as a further study measure in the

Ventura County Air Quality Management Plan (AQMP) approved

by the District Board or by the California Air Resources

Board, whichever plan is approved most recently.

14. "Implementation Plan": A plan adopted by a state or local

agency to meet the requirements of Sections 110 and/or 172

of the Clean Air Act.

15. "Modified Emissions Unit":

a. Any physical change to any emissions unit, which

would result in an emission increase or for which an

application to bank emission reduction credits is

submitted to the District, or

b. Any change in method of operation of any emissions

unit, which would result in an emission increase or for

which an application to bank emission reduction credits

is submitted to the District, or

c. Any change in hours of operation or throughput, which

would result in an emission increase and would

necessitate a revision to a permit condition, or for

which an application to bank emission reduction credits

is submitted to the District.

Notwithstanding the previous paragraph of this

subsection, prior to December 31, 1992, an emissions

unit will not be considered to be modified if an

application to increase the throughput or hours of

operation of an emissions unit is submitted and the

following conditions are satisfied:

1) The requested throughput is no more than 1.2

times an actual throughput of the emissions unit

during any 12 month consecutive period since

January 10, 1984, or

2) The requested hours of operation are no more

than 1.2 times the number of hours of operation of

the emissions unit during any 12 month consecutive

period since January 10, 1984, and

3) The requested throughput or hours of operation

will not cause the violation of any applicable

federal, state or district laws, rules,

regulations, agreements or orders, including any

permit conditions applied pursuant to Rule 29.A.

A change in ownership, or routine maintenance or repair,

shall not be considered a physical change or change in

method of operation.

16. "New Emissions Unit": An emissions unit that is part of a

new stationary source, an emissions unit that is added to an

existing stationary source, or any existing emissions unit

that is located at a stationary source in violation of Rule

10.

17. "Offset": An emission reduction credit or community

emission reduction credit which is used to mitigate an

emission increase from a new, replacement, modified, or

relocated emissions unit.

18. "Outer Continental Shelf Area (OCS)": Any offshore waters

for which the District has been designated the corresponding

onshore area by the U.S Environmental Protection Agency,

Anacapa Island, and San Nicolas Island.

19. "Permanent emission reduction": An emission reduction

that can be assured for the period during which any emission

reduction credits obtained from the emission reduction are

available for use as offsets. This time period may be

limited or unlimited.

20. "Quantifiable emission reduction": An emission reduction

for which the District can establish a reliable basis for

calculating the amount and rate of the reduction, and

describing the characteristics of the reduction.

21. "Real emission reduction": An emission reduction that is

not artificially generated.

22. "Relocated Emissions Unit": An emissions unit which is

moved from a location in Ventura County to another location

in Ventura County. The moving of an emissions unit from a

location at a stationary source to another location at the

same stationary source shall not be considered a relocation.

The moving of an emissions unit specifically noted on the

Permit to Operate as being portable shall not be considered

a relocation.

23. "Replacement Emissions Unit": An emissions unit which

supplants another emissions unit where the replacement

emissions unit serves the identical function as the emission

unit being replaced.

24. "South Zone of Santa Barbara County": That portion of

Santa Barbara County which lies south of a line described as

follows:

Beginning at the Pacific Ocean outfall of Jalama Creek

and running east and north along Jalama Creek to a

point of intersection with the west boundary of the San

Julian Land Grant; then south along the San Julian Land

Grant boundary to its southwest corner; then east along

the south boundary of the San Julian Land Grant to the

northeast corner of partial Section 20, T5N, R32W, San

Bernardino Base and Meridian; then south and east along

the boundary of the Las Cruces Land Grant to the

southwest corner of partial Section 22, T5N, R32W; then

northeast along the Las Cruces Land Grant Boundary;

then east along the north boundaries of Section 13,

T5N, R32W, and Sections 18, 17, 16, 15, 14, 13, T5N,

R31W, and Sections 18, 17, 16. 15, 14, 13, T5N, R30W,

and Sections 18, 17, 16, 15, T5N, R30W, and Sections

18, 17, 16, 15, T5N, R29W; then south along the east

boundary of Section 15, T5N, R29W; then east along the

north boundaries of Sections 23 and 24, T5N, R29W and

Sections 19, 20, 21, 22, 23, 24, T5N, R28W, and

Sections 19 and 20, T5N, R27W; then south along the

east boundary of Section 20, T5N, R27W; then east along

the north boundaries of Sections 28, 27, 26, 25, T5N,

R27W and Section 30, T5N, R26W; then south along the

east boundary of Section 30, T5N, R26W; then east along

the north boundaries of Sections 32, 33, 34, 35, T5N,

R26W; then south along the east boundary of Section 35,

T5N, R26W to the township line common to T4N and T5N;

then east along this township line to the Santa

Barbara-Ventura County boundary.

25. "Stationary Source": Any building, structure, facility,

or installation which emits or may emit any affected

pollutant directly or as a fugitive emission.

"Building, structure, facility, or installation" means

all pollutant emitting activities, including activities

located in California coastal waters adjacent to the

District boundaries, which:

a. belong to the same industrial grouping, and

b. are located on one or more contiguous or

adjacent properties (except for activities located

in coastal waters), and

c. are under the same or common ownership,

operation, or control or which are owned or

operated by entities which are under common

control.

Pollutant emitting activities shall be considered as

part of the same industrial grouping if they belong to

the same two-digit Standard Industrial Classification

code, or if they are part of a common production

process. (Common production process includes

industrial processes, manufacturing processes,

extractive processes, and any connected processes

involving a common raw material or product.)

"California Coastal Waters" means that area between the

California coastline and a line starting at the

California-Oregon border at the Pacific Ocean

thence to 42.0 north, 125.5 west

thence to 41.0 north, 125.5 west

thence to 40.0 north, 125.5 west

thence to 39.0 north, 125.0 west

thence to 38.0 north, 124.5 west

thence to 37.0 north, 123.5 west

thence to 36.0 north, 122.5 west

thence to 35.0 north, 121.5 west

thence to 34.0 north, 120.5 west

thence to 33.0 north, 119.5 west

thence to 32.5 north, 118.5 west

and ending at the California-Mexico border at the

Pacific Ocean.

"Cargo Carriers" includes trains dedicated to a

specific source, and marine vessels. The emissions

from all marine vessels which load or unload at the

source shall be considered as emissions from the

stationary source while such vessels are operating in

District waters and in California coastal waters

adjacent to the District. The emissions from vessels

shall include reactive organic compound vapors that are

displaced into the atmosphere; fugitive emissions;

combustion emissions in District waters; and emissions

from the loading and unloading of cargo. The emissions

from all trains dedicated to a specified stationary

source, while operating in the District, including

directly emitted and fugitive emissions, shall be

considered as emissions from the stationary source.

"Common operations" includes operations which are

related through dependent processes, storage, or

transportation of the same or similar products or raw

material. The emissions within District boundaries and

California coastal waters from cargo carriers

associated with the stationary source shall be

considered emissions from the stationary source.

"Contiguous Property" means two or more parcels of land

with a common boundary or separated solely by a private

roadway or other public right-of-way.

"Fugitive emissions" means those emissions which could

not reasonably pass through a stack, chimney, vent or

other functionally equivalent opening.

26. "Surplus emission reduction": An emission reduction that

is not required by any federal, state, or district law,

rule, order, permit or regulation with the exception of Rule

26.2.A.

27. "Tactic": A control measure, excluding further study

measures, contained in the Ventura County Air Quality

Management Plan (AQMP) approved by the District Board or by

the California Air Resources Board, whichever plan is

approved most recently.

28. "Throughput": A production rate, raw material use rate,

or fuel use rate.

29. "Ventura County": The geographic area of jurisdiction of

the Ventura County Air Pollution Control District, Anacapa

Island, San Nicolas Island, and all waters for which the

District is designated the corresponding onshore area.

30. "Voluntary Control Strategy": A control strategy which is

not required by any federal, state, or district law, rule,

order, permit, or regulation.