YSAQMD RULE 3.4 NEW SOURCE REVIEW LAST REVISED 02/23/94 RULE 3.4 NEW SOURCE REVIEW ADOPTED September 22, 1993 REVISED February 23, 1994 INDEX 100 GENERAL 101 PURPOSE 102 APPLICABILITY 110 EXEMPTION, EMERGENCY ELECTRICAL GENERATING EQUIPMENT 111 EXEMPTION, NOTIFICATION REQUIREMENTS 112 EXEMPTION, REPLACEMENT EQUIPMENT 113 EXEMPTION, RULE COMPLIANCE 200 DEFINITIONS 201 ACTUAL EMISSIONS 202 ACTUAL EMISSION REDUCTIONS 203 ACTUAL INTERRUPTIONS OF ELECTRICAL POWER 204 ACTUAL OPERATING DAYS 205 AFFECTED POLLUTANTS 206 AMBIENT AIR QUALITY STANDARDS 207 BEST AVAILABLE CONTROL TECHNOLOGY 208 CARGO CARRIERS 209 CEQA 210 COMPLETE APPLICATION 211 CONTIGUOUS PROPERTY 212 COST-EFFECTIVE 213 EMISSIONS LIMITATION 214 ELECTRICAL POWER PLANT 215 EMISSION DECREASE 216 EMISSIONS UNIT 217 FUGITIVE EMISSIONS 218 HALOGENATED HYDROCARBONS 219 HISTORIC ACTUAL EMISSIONS 220 HISTORIC POTENTIAL EMISSIONS 221 MAJOR STATIONARY SOURCE 222 MAJOR MODIFICATION 223 MODIFICATION 224 NON-ATTAINMENT POLLUTANT 225 PM10 226 PORTABLE EQUIPMENT 227 POTENTIAL TO EMIT 228 PRECURSOR 229 PROPOSED EMISSIONS 230 QUARTERLY 231 QUARTERLY EMISSION LIMITATION 232 REACTIVE ORGANIC COMPOUND 233 RECONSTRUCTED SOURCE 234 REPLACEMENT EQUIPMENT 235 STATIONARY SOURCE 300 STANDARDS 301 BEST AVAILABLE CONTROL TECHNOLOGY 302 OFFSET REQUIREMENTS, GENERAL 303 LOCATION OF OFFSETS AND OFFSET RATIOS 304 INTERPOLLUTANT OFFSETS 305 AMBIENT AIR QUALITY STANDARDS AND AIR QUALITY INCREMENTS 306 DENIAL, FAILURE TO MEET STANDARDS 307 CEQA APPLICABILITY 308 DENIAL, FAILURE TO MEET CEQA 400 ADMINISTRATIVE REQUIREMENTS 401 COMPLETE APPLICATION 402 AIR QUALITY MODELS 403 PRELIMINARY DECISION 404 PUBLICATION AND PUBLIC COMMENT 405 PUBLIC INSPECTION 406 AUTHORITY TO CONSTRUCT, FINAL ACTION 407 REQUIREMENTS, AUTHORITY TO CONSTRUCT AND PERMIT TO OPERATE 408 ISSUANCE, PERMIT TO OPERATE 409 REGULATIONS IN FORCE GOVERN 410 CALCULATION OF EMISSIONS, BACT 411 CALCULATION OF EMISSIONS, OFFSET TRIGGER FOR ROC AND NOX 412 CALCULATION OF EMISSIONS, OFFSET TRIGGER FOR CO, SOX, AND PM10 413 CALCULATION OF EMISSIONS, OFFSETS, GENERAL 414 CALCULATION OF EMISSIONS, OFFSETS REQUIRED FOR ROC AND NOX 415 CALCULATION OF EMISSIONS, OFFSETS REQUIRED FOR CO, SOX, AND PM10 416 POWER PLANTS 500 MONITORING AND RECORDS 501 RECORDS 100 GENERAL 101 PURPOSE: The purpose of this rule is to provide for the review of new and modified stationary air pollution sources and to provide mechanisms, including emission offsets, by which authorities to construct such sources may be granted without interfering with the attainment or maintenance of ambient air quality standards. 102 APPLICABILITY: This rule shall apply to all new stationary sources and emissions units and all modifications to existing stationary sources and emissions units which, after construction, emit or may emit any affected pollutants. This rule shall not apply to prescribed burning of forest, agriculture or range land, road construction or any other non-point source common to timber harvesting or agricultural practices. Exemptions allowed in this Section 102 shall not be used to exempt any stationary source or modification, which would be subject to review under EPA regulations, from permit requirements. 110 EXEMPTION, EMERGENCY ELECTRICAL GENERATING EQUIPMENT: The Air Pollution Control Officer shall exempt an application from the requirements of Sections 302, and 303, if the subject emissions unit would provide emergency electrical power or if the emissions unit would provide emergency water pumping for flood control or emergency fire fighting and is not a major source or major modification, provided the requirements of Sections 110.1 and 110.2 are met. This exemption shall not apply to emissions units supplying power to serving utility for distribution on the grid. 110.1 Operation for maintenance purposes shall be limited to 100 hours per year, and such maintenance shall be scheduled in cooperation with the District so as to have no adverse air quality impact; and 110.2 Operation for other than maintenance purposes shall be limited to actual interruptions of electrical power by the serving utility. 111 EXEMPTION - NOTIFICATION REQUIREMENTS: The requirements of Sections 403, 404, 405, and 406.2 relating to notification, publication, and public inspection of Preliminary Decisions; and notification, publication, and public inspection of Final Action shall not apply if the application is for a new or modified stationary source or emissions unit which has a potential to emit, calculated pursuant to Sections 413, 414, or 415, as applicable, of less than 9000 pounds per quarter of nitrogen oxides, less than 9000 pounds per quarter of reactive organic compounds, less than 100 pounds per day of sulfur oxides, less than 80 pounds per day of PM10, and less than 49,500 pounds per quarter of carbon monoxide. 112 EXEMPTION - REPLACEMENT EQUIPMENT: The requirements of Sections 302 and 303 shall not apply to replacement equipment. 113 EXEMPTION - RULE COMPLIANCE: The requirements of Sections 302 and 303 shall not apply to modifications necessary to comply with standards contained in Regulation II, PROHIBITION, EXCEPTIONS - REQUIREMENTS. This Section shall not apply to modifications in production rate, hours of operation, or other changes or additions to existing equipment not necessary for compliance with standards contained in Regulation II, PROHIBITION, EXCEPTIONS - REQUIREMENTS. 200 DEFINITIONS 201 ACTUAL EMISSIONS: Measured or estimated emissions which most accurately represent the emissions from an emissions unit. 202 ACTUAL EMISSIONS REDUCTIONS: Reductions of actual emissions from an emissions unit selected for on-site or off-site emissions offsets. Actual emission reductions shall be calculated, adjusted and certified pursuant to Rule 3.5, EMISSION REDUCTION CREDITS. 203 ACTUAL INTERRUPTIONS OF ELECTRICAL POWER: When electrical service is interrupted by an unforeseeable event. 204 ACTUAL OPERATING DAYS: Any day of operation which results in the emission of an affected pollutant from the emissions unit. 205 AFFECTED POLLUTANTS: Reactive organic compounds (ROC), nitrogen oxides (NOx), sulfur oxides (SOx), PM10, and carbon monoxide (CO). 206 AMBIENT AIR QUALITY STANDARDS: State and federal ambient air quality standards for the purposes of submittal to the US Environmental Protection Agency for inclusion in the California State Implementation Plan. All references in this rule to Ambient Air Quality Standards shall be interpreted as National Ambient Air Quality Standards. 207 BEST AVAILABLE CONTROL TECHNOLOGY (BACT): 207.1 For any emissions unit the most stringent of: a. The most effective emission control device, emission limit, or technique, singly or in combination, which has been required or used for the type of equipment comprising such an emissions unit unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations required on other sources have not been demonstrated to be achievable. b. Any alternative basic equipment, fuel, process, emission control device or technique, singly or in combination, determined to be technologically feasible and cost-effective by the Air Pollution Control Officer. c. For replacement equipment only, the emission limitation that is based on the maximum degree of reduction achievable, taking into account environmental, energy, and economic impacts by each class or category of source. 207.2 Under no circumstances shall BACT be determined to be less stringent than the emission control required by an applicable provision of district, state or federal laws or regulations unless the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that such limitations are not achievable. 208 CARGO CARRIERS: Cargo carriers are trains dedicated to a specific source. 209 CEQA: The California Environmental Quality Act, Public Resources Code, Section 21000, et seq. 210 COMPLETE APPLICATION: Completeness of an application for authority to construct a new or modified emission unit shall be evaluated on the basis of a list of required information which has been adopted by the District pursuant to Article 3, Sections 65940 through 65944 of Chapter 4.5 of Division 1 of Title 7 of the California Government Code as they exist on the date on which the application is received and on payment of the appropriate fee pursuant to Rule 4.1 - PERMIT FEES, STATIONARY SOURCES. 211 CONTIGUOUS PROPERTY: Two or more parcels of land with a common boundary or separated solely by a public roadway or other public right-of-way. 212 COST-EFFECTIVE: A cost per unit of emissions reduction which is lower than or equivalent to the maximum unit costs of the same emission reduction through the use of Best Available Control Technology, calculated in current year dollars, in accordance with methodology and criteria specified in guidelines developed by the District. This section shall not apply to stationary sources meeting the EPA definition of major stationary source or major modification. 213 DAILY EMISSIONS LIMITATION: One or a combination of permit conditions specific to an emissions unit which restricts its maximum daily emissions, in pounds per day, at or below the emissions associated with the maximum design capacity. A daily emissions limitation must be: 213.1 Contained in the latest authority to construct and contained in or enforceable by the latest permit to operate for the emission unit; 213.2 Enforceable on a daily basis; and 213.3 Established pursuant to a permitting action occurring after February 13, 1980. 214 ELECTRICAL POWER PLANT: An electrical generation facility that regularly generates electricity so the local electric utility can provide its daily energy requirements. Emergency electrical generating equipment are not considered electrical power plants. 215 EMISSION DECREASE: Any modification which would result in an emission decrease of the actual emissions. The emission decrease shall be calculated by subtracting the proposed emissions from the historic actual emissions. 216 EMISSIONS UNIT: An identifiable operation or piece of process equipment such as an article, machine, or other contrivance which controls, emits, may emit, or results in the emissions of any affected pollutant directly or as fugitive emissions. Emissions unit shall not include the open burning of agricultural biomass. 217 FUGITIVE EMISSIONS: Those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening. 218 HALOGENATED HYDROCARBONS: For the purposes of this rule, halogenated hydrocarbons are the following: 218.1 1,1,1-trichloroethane 218.2 methylene chloride 218.3 dichlorotrifluoroethane (HCFC- 123) 218.4 2-chloro-1,1,1,2- tetrafluoroethane (HCFC-124) 218.5 trichlorofluoromethane (CFC-11) 218.6 dichlorodifluoromethane (CFC-12) 218.7 trichlorotrifluoroethane (CFC- 113) 218.8 dichlorotetrafluoroethane (CFC- 114) 218.9 chloropentafluoroethane (CFC- 115) 218.10 pentafluoroethane (HFC-125) 218.11 1,1,2,2-tetrafluoroethane (HFC- 134) 218.12 tetrafluoroethane (HFC-134a) 218.13 dichlorofluoroethane (HCFC-141b) 218.14 chlorodifluoroethane (HCFC-142b) 218.15 1,1,1-trifluoroethane (HFC-143a) 218.16 chlorodifluoromethane (HCFC-22) 218.17 trifluoromethane (HFC-23) 218.18 1,1-difluoroethane (HFC-152a) 218.19 The following four classes of perfluorocarbon compounds: a. Cyclic, branched, of linear, completely fluorinated alkanes. b. Cyclic, branched, or linear, completely fluorinated ethers, with no unsaturations. c. Cyclic, branched, or linear, completely fluorinated tertiary amines, with no unsaturations. d. Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. Perfluorocarbon compounds shall be assumed to be absent from a product or process unless a manufacturer or facility operator identifies the specific compounds and the amounts present in the product or process and provides a validated test method which can be used to quantify the identified compounds. 219 HISTORIC ACTUAL EMISSIONS: Actual emission reductions for the existing emissions unit averaged over the two year period immediately preceding the date of application. If the last two years are unrepresentative of normal source operations as determined by the Air Pollution Control Officer, then two consecutive years of the last five years may be used. If, at any time during the specified period, actual emissions exceeded allowed or permitted emission levels, then actual emissions shall be reduced to reflect emission levels that would have occurred if the unit were in compliance with all applicable limitations and rules. If less than one year has passed since the date of issuance of the permit to operate then the historic actual emissions shall be zero. If less than two years have passed since the date of issuance of the permit to operate then the historical actual emissions shall be the actual emissions over the one year period immediately preceding the date of application. 220 HISTORIC POTENTIAL EMISSIONS: Emissions based on the potential to emit of the emissions unit prior to modification. In determining the potential to emit, daily emissions limitations shall be treated as part of an emissions unit's design only if the limitations are representative of normal operations, or, if the facility has provided offsets for previous permitting actions. If there are no enforceable limiting conditions, an emissions unit's potential to emit shall be limited to the unit's historical actual emissions. For a new emissions unit historic actual emissions are equal to zero. 221 MAJOR STATIONARY SOURCE: A stationary source whose potential to emit exceeds 50 tons per year nitrogen oxides, 50 tons per year of reactive organic compounds, 100 tons per year of carbon monoxide and sulfur oxides, 15 tons per year of PM10, or levels specified in the Clean Air Act of 1990, Section 112(a)(1). 222 MAJOR MODIFICATION: Modification to a major stationary source which results in an increase in the potential to emit greater than: 25 tons per year of nitrogen oxides, 25 tons per year of reactive organic compounds, 100 tons per year of carbon monoxide, 40 tons per year of sulfur oxides, or 15 tons per year of PM10 aggregated with all other increases in potential to emit over the period of five consecutive years including the calendar year of the most recent application. 223 MODIFICATION: Any physical change, change in method of operation of (including change in fuel characteristics), addition to, or any change in hours of operation, or change in production rate of, which: 223.1 For an emissions unit: a. Would necessitate a change in permit conditions; b. Is not specifically limited by a permit condition; or c. Results in an increase in emissions not subject to a daily emissions limitation. 223.2 For a stationary source: Is a modification of its emissions unit, or addition of any new emissions unit. 224.3 The following shall not be considered a modification: a. A change in ownership; b. Routine maintenance and repair; c. A reconstructed stationary source or emissions unit which shall be treated as a new stationary source or emissions unit, not as a modification; or d. The addition of a continuous emission monitoring system. 224 NON-ATTAINMENT POLLUTANT: Any pollutant as well as any precursors of such pollutants which has been designated "non-attainment" by the US Environmental Protection Agency in the Federal Register, or which has been designated non-attainment by the California Air Resources Board pursuant to Section 39607 of the Health and Safety Code. 225 PM10: Particulate matter with an aerodynamic diameter smaller than or equal to a nominal 10 microns as measured by an applicable reference test method or methods found in Article 2, Subchapter 6, Title 17, California Code of Regulations (commencing with Section 94100). 226 PORTABLE EQUIPMENT: Equipment which is periodically relocated and is not operated more than 180 days at any one location in the District within a 12 month period. 227 POTENTIAL TO EMIT: The maximum physical and operational design capacity to emit a pollutant during each calendar quarter. Limitations on the physical or operational design capacity, including emissions control devices and limitations on hours of operation, may be considered only if such limitations are incorporated into the applicable authority to construct and permit to operate. 228 PRECURSOR: A pollutant that, when emitted into the atmosphere, may undergo either a chemical or physical change which then produces another 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. The following precursor-secondary air contaminant relationships shall be used for the purposes of this rule: ---------------------------------------------------------- |PRECURSOR |SECONDARY AIR CONTAMINANT | |------------------------|---------------------------------| |REACTIVE ORGANIC |A. PHOTOCHEMICAL OXIDANTS | |COMPOUNDS | (OZONE) | | |B. ORGANIC FRACTION OF PM10 | |------------------------|---------------------------------| |NITROGEN OXIDES |A. NITROGEN DIOXIDE | | |B. NITRATE FRACTION OF PM10 | | |C. PHOTOCHEMICAL OXIDANTS | | | (OZONE) | |------------------------|---------------------------------| |SULFUR OXIDES |A. SULFUR DIOXIDE | | |B. SULFATES | | |C. THE SULFATE FRACTION OF PM10 | ------------------------------------------------------------ 229 PROPOSED EMISSIONS: Emissions based on the potential to emit for the new or modified emissions unit. 230 QUARTERLY: Calendar quarters beginning in January, April, July, and October. 231 QUARTERLY EMISSIONS LIMITATION: One or a combination of permit conditions specific to an emissions unit which restricts its maximum emissions, in pounds per quarter, at or below the emissions associated with the maximum design capacity. A quarterly emissions limitation must be: 231.1 Contained in the latest authority to construct and contained in or enforceable by the latest permit to operate for the emission unit; 231.2 Enforceable on a quarterly basis; and 231.3 Established pursuant to a permitting action occurring after February 13, 1980. 232 REACTIVE ORGANIC COMPOUND (ROC): Any compound containing carbon except: methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonates, and halogenated hydrocarbons. 233 RECONSTRUCTED SOURCE: Any stationary source undergoing physical modification where the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost of a comparable entirely new stationary source. Fixed capital cost means that capital needed to provide all the depreciable components. A reconstructed source shall be treated as a new stationary source. 234 REPLACEMENT EQUIPMENT: A replacement of a piece of equipment with a structurally equivalent piece of equipment which has a potential to emit less than or equal to those from the original piece of equipment. 235 STATIONARY SOURCE: Any building, structure, facility, or emissions unit which emits or may emit any affected pollutant directly or as a fugitive emission. 235.1 Building, structure, facility, or emissions unit includes all pollutant emitting activities which: a. Belong to the same industrial grouping; b. Are located on one property or on two or more contiguous properties; 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. 235.2 Pollutant emitting activities shall be considered as part of the same industrial grouping if: a. They belong to the same two-digit standard industrial classification code; or b. They are part of a common production process. (Common production process includes industrial processes, manufacturing processes and any connected processes involving a common material.) 235.3 The emissions within District boundaries of cargo carriers associated with the stationary source shall be considered emissions from the stationary source to the extent that emission reductions from cargo carriers are proposed as offsets. 300 STANDARDS 301 BEST AVAILABLE CONTROL TECHNOLOGY: An applicant shall apply Best Available Control Technology to a new emissions unit or modification of an existing emissions unit, except cargo carriers, which would have an increase in emissions and proposed emissions, according to procedures specified in Section 410, in excess of the levels specified in Section 301.1. A condition which reflects BACT in a manner consistent with testing procedures, such as ppmv NOx, g/liter ROC, or lbs/hr shall be contained in the latest authority to construct and permit to operate. 301.1 Pollutant lb/day Reactive Organic Compounds 10 Nitrogen Oxides 10 PM10 10 Sulfur Oxides 10 Carbon Monoxide 550 302 OFFSET REQUIREMENTS, GENERAL: 302.1 An applicant shall provide offsets, except as provided in Section 304, obtained pursuant to Rule 3.5, EMISSION REDUCTION CREDITS or Rule 3.6, PRIORITY RESERVE, for new and modified sources where the cumulative emission changes of reactive organic compounds, nitrogen oxides, sulfur oxides, PM10, or carbon monoxide calculated pursuant to Sections 411 or 412 exceed the level specified in Section 302.1.a. Sufficient offsets shall be provided, from the same calendar quarter as the emissions, to offset positive emissions changes of reactive organic compounds and nitrogen oxides (except as provided in Section 302.2) calculated according to procedures specified in Section 414. Sufficient offsets shall be provided, from the same calendar quarter as the emissions, to offset positive emissions changes of carbon monoxide, sulfur oxides, and PM10 calculated according to procedures specified in Section 415. Emissions offsets used to mitigate proposed emissions increases shall be of the same pollutant type except as provided for in Section 304. a. Pollutant lb/day Reactive Organic Compounds 82 Nitrogen Oxides 82 Sulfur Oxides 82 Carbon Monoxide 550 PM10 82 302.2 Offsets for increases in carbon monoxide shall not be required if the applicant, using an air quality modeling analysis prepared pursuant to Section 402, demonstrates to the satisfaction of the Air Pollution Control Officer that the increase in ambient concentration does not exceed 500 micrograms per cubic meter, 8 hour average, at the property line of the stationary source. 302.3 In no case shall halogenated hydrocarbons be used as offsets for reactive organic compounds. 303 LOCATION OF OFFSETS AND OFFSET RATIOS: 303.1 Except as provided in Section 303.2, an applicant shall provide offsets for emissions from a proposed stationary source subject to the requirements of Section 302 according to the following ratios: ---------------------------------------------------------------------------- | Offset Ratios | |----------------------------------------------------------------------------| |Location of Offset |Non-Attainment Pollutants | Other Affected Pollutants| |----------------------|--------------------------|--------------------------| |Same Source | 1.0 to 1.0 | 1.0 to 1.0 | |----------------------|--------------------------|--------------------------| |Within 15-Mile Radius | 1.2 to 1.0 | 1.1 to 1.0 | |--------------------- |--------------------------|--------------------------| |Greater than 15-Miles,| 2.0 to 1.0 | 1.2 to 1.0 | |but within 50-Mile | | | |Radius and within | | | |District | | | |----------------------|--------------------------|------------------------- | |Within 15-Mile Radius,| 1.3 to 1.0 | 1.2 to 1.0 | |outside District, and | | | |within Sacramento | | | |Valley Air Basin | | | |----------------------|--------------------------|------------------------- | |Greater than 15-Mile | 2.1 to 1.0 | 1.3 to 1.0 | |Radius, but within 50-| | | |Mile Radius, outside | | | |District, and within | | | |Sacramento Valley Air | | | |Basin | | | |----------------------|--------------------------|--------------------------| |More than 50-Mile | | | |Radius and within | Equal to or Greater than | Equal to or Greater than | |Sacramento | 2.1 to 1.0 | 1.3 to 1.0 | |Valley Air Basin | | | ---------------------------------------------------------------------------- 303.2 Offsets which are obtained pursuant to Sections 302 and 303 and pursuant to permitting actions in a district other than that in which the proposed source is located may be used only if the Air Pollution Control Officer has reviewed the permit conditions issued by the other district in which the proposed offsets are obtained and certifies that the impact of using such offsets meet the requirements of District Rules and Regulations. 304 INTERPOLLUTANT OFFSETS: The Air Pollution Control Officer may approve interpollutant offsets for precursor pollutants on a case by case basis, provided that the applicant demonstrates through the use of an air quality model that the emission increases from the new or modified source will not cause or contribute to a violation of an ambient air quality standard. In such cases, the Air Pollution Control Officer shall impose, based on an air quality analysis, offset ratios greater than the requirements of Section 303. Interpollutant offsets between PM10 and PM10 precursors may be allowed. PM10 emissions shall not be allowed to offset nitrogen oxides or reactive organic compound emissions in ozone non-attainment areas, nor be allowed to offset sulfur oxide emissions in sulfate non-attainment areas. 305 AMBIENT AIR QUALITY STANDARDS: In no case shall emissions from the new or modified stationary source, prevent or interfere with the attainment or maintenance of any applicable ambient air quality standard, except as provided in Section 302.2. The Air Pollution Control Officer may require the use of an air quality model to estimate the effects of a new or modified stationary source. In making this determination the Air Pollution Control Officer shall take into account the mitigation of emissions through offsets obtained pursuant to this rule. 306 DENIAL - FAILURE TO MEET STANDARDS: The Air Pollution Control Officer shall deny any authority to construct or permit to operate if the Air Pollution Control Officer finds that the subject of the application would not comply with the standards set forth in District, state, or federal rules or regulations. 307 CEQA APPLICABILITY: All proposed new and modified sources for which an authority to construct must be obtained from the District shall be reviewed in accordance with the requirements of CEQA. 308 DENIAL - FAILURE TO MEET CEQA: The Air Pollution Control Officer shall deny any authority to construct or permit to operate if the Air Pollution Control Officer finds that the subject of the application would not comply with the standards set forth in CEQA. 400 ADMINISTRATIVE REQUIREMENTS: The following administrative requirements in Sections 401-413 shall apply to any activities regulated by this rule, except for the review of power plants over 50 megawatts. Power plants over 50 megawatts shall be subject to the review requirements of Section 416. 401 COMPLETE APPLICATION: The Air Pollution Control Officer shall determine whether the application is complete not later than 30 days after receipt of the application, or after such longer time as both the applicant and the Air Pollution Control Officer have agreed in writing. If the Air Pollution Control Officer determines that the application is not complete, the applicant shall be notified in writing of the decision specifying the information required. Upon receipt of any re-submittal of the application, a new 30-day period to determine completeness shall begin. Completeness of an application or re-submitted application shall be evaluated on the basis of the information requirements set forth in District regulations (adopted pursuant to Article 3, 65940 through 65944 of Chapter 4.5 of Division l of Title 7 of the California Government Code) as they exist on the date on which the application or re-submitted application was received and on the CEQA-related information which satisfies the requirements of the District's CEQA Guidelines. The Air Pollution Control Officer may, during the processing of the application, request an applicant to clarify, amplify, correct, or otherwise supplement the information submitted in the application. 402 AIR QUALITY MODELS: All air quality models used for the purposes of this rule shall be consistent with the requirements provided in the most recent edition of EPA "Guidelines on Air Quality Models, OAQPS 1.2-080" unless the Air Pollution Control Officer finds that such model is inappropriate for use. After making such finding the Air Pollution Control Officer may designate an alternate model only after allowing for public comment, and only with concurrence of the US Environmental Protection Agency. Credit shall not be given for stacks higher than that dictated by good engineering practice. All modeling costs associated with the siting of a stationary source shall be borne by the applicant. 403 PRELIMINARY DECISION: Except as provided in Section 111, following acceptance of an application as complete, the Air Pollution Control Officer shall perform the evaluations required to determine compliance with all applicable District rules and regulations and make a preliminary written decision as to whether a permit to construct should be approved, conditionally approved, or denied. When the District is the CEQA Lead Agency for a project, the Air Pollution Control Officer shall not issue a preliminary decision until the draft Environmental Impact Report or Negative Declaration is available for public review. The decision shall be supported by a succinct written analysis. 403.1 The Air Pollution Control Officer shall transmit to the California Air Resources Board and the EPA its preliminary written decision and analysis for sources subject to Sections 301, 302, 303, and 306 no later than the date of publication as required in Section 404. 404 PUBLICATION AND PUBLIC COMMENT: Except as provided in Section 111, within ten calendar days following a preliminary decision pursuant to Section 300, Standards, of this rule, the Air Pollution Control Officer shall publish in at least one newspaper of general circulation in the District a notice stating the preliminary decision of the Air Pollution Control Officer, noting how the pertinent information can be obtained, and inviting written public comment for a 30-day period following the date of publication. 405 PUBLIC INSPECTION: Except as provided in Section 111, the Air Pollution Control Officer shall make available for public inspection at the Air Pollution Control District's office the information submitted by the applicant and the Air Pollution Control Officer's analysis no later than the date the notice of the preliminary decision is published, pursuant to Section 404. Information submitted which contains trade secrets shall be handled in accordance with Section 6254.7 of the California Government Code and relevant sections of the California Administrative Code. Further, all such information shall be transmitted no later than the date of publication to the California Air Resources Board and the US Environmental Protection Agency regional office, and to any party which requests such information. 406 AUTHORITY TO CONSTRUCT, FINAL ACTION: 406.1 a. Within 180 days after acceptance of an application as complete, the Air Pollution Control Officer shall take final action on the application after considering all written comments. b. Notwithstanding this 180-day limit, the Air Pollution Control Officer shall not take final action for any project for which an Environmental Impact Report or a Negative Declaration is being prepared until a final EIR for that project has been certified or a Negative Declaration for that project has been approved, and the Air Pollution Control Officer has considered the information in that final EIR or Negative Declaration. The Air Pollution Control Officer shall take final action on the application within whichever of the following periods of time is longer: (i) Within 180 days after the certification of the final EIR or approval of the Negative Declaration, or (ii) Within 180 days of the date on which the application was determined complete by the Air Pollution Control Officer. 406.2 Except as provided in Section 111, the Air Pollution Control Officer shall provide written notice of the final action to the applicant, the US Environmental Protection Agency, and the California Air Resources Board, and 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 Air Pollution Control District's office. 407 REQUIREMENTS - AUTHORITY TO CONSTRUCT AND PERMIT TO OPERATE: 407.1 General Conditions: As a condition for the issuance of an authority to construct and a permit to operate, the Air Pollution Control Officer shall require that the emissions unit and stationary source, and any emissions units which provide offsets, be operated in the manner stated in the application in making the analysis required to determine compliance with this rule, and as conditioned in the authority to construct. 407.2 Emissions Limitations: All of the following emissions limitations shall be included on the authority to construct and permit to operate, if applicable. a. The authority to construct and permit to operate shall include emission limitations which reflect Best Available Control Technology. Such condition shall be expressed in a manner consistent with testing procedures, such as ppmv NOx, g/liter ROC, or lbs/hr. b. In addition, a quarterly emissions limitation for each affected pollutant for which offsets are being provided pursuant to Section 302.1 shall be contained in the authority to construct and permit to operate. c. A daily emission limitation shall be contained in the authority to construct and permit to operate for all affected pollutants for which offsets are not being provided pursuant to Section 302.1. d. Electrical power plants shall also contain a quarterly emissions limitation for operation of increased power plant operation needed to compensate for reduced operation at other power plant(s) within the District due to emergency breakdown, and regularly scheduled maintenance. 407.3 Offsets: a. Except as provided in Section 407.3.b., the operation of any emissions unit which provides offsets shall be subject to enforceable permit conditions, containing specific emissions and operational limitations, to ensure that the emission reductions shall be provided in accordance with the provisions of this rule and shall continue for the reasonably expected life of the proposed emissions unit. b. Where the source of offsets is not required to obtain an authority to construct or a permit to operate pursuant to Rule 3.1, GENERAL PERMIT REQUIREMENTS, a written contract or a functional equivalent as determined by the Air Pollution Control Officer shall be required between the applicant and the owner or operator of such source, which contract, by its terms, shall be enforceable by the Air Pollution Control Officer. c. Except as provided in Section 407.3.b., external offsets must be made enforceable either by revision of an offsetting source's authority to construct and permit to operate or by submittal of a SIP revision to EPA prior to the operation of the emissions unit. The SIP submittal shall be submitted to the California Air Resources Board to be forwarded to the US Environmental Protection Agency as part of the State Implementation Plan. d. A violation of the emission limitation provisions of any contract pursuant to 407.3.b. shall be a violation of this rule by the applicant. e. The operation of any emissions unit which causes offsets provided by another emissions unit shall be subject to enforceable permit conditions, containing specific emissions and operational limits, to ensure that the emission reductions are used in accordance with the provisions of District rules and shall continue for the reasonably expected life of the emissions unit. f. Where the biomass that would have otherwise been burned is disposed of by means such as soil incorporation (including but not limited to disking, rolling and chopping) and field flooding, the grower shall enter into a written agreement or a memorandum describing the transaction, signed by the transferor, that contains a requirement not to burn biomass generated on a pre-established quantity of acreage. 408 ISSUANCE - PERMIT TO OPERATE: The Air Pollution Control Officer shall issue a permit to operate for an emissions unit subject to the requirements of this rule if it is determined that any offsets required as a condition of an authority to construct or amendment to a permit to operate will commence no later than the initial operation of the new or modified source, and that the offsets shall be maintained throughout the operation of the new or modified source which is the beneficiary of the offsets. Further, the Air Pollution Control Officer shall determine that all conditions specified in the authority to construct have been complied with or will be complied with by the dates specified on the authority to construct. Such applicable conditions shall be contained in the permit to operate. Where a new or modified stationary source is, in whole or in part, a replacement for an existing stationary source on the same property, the Air Pollution Control Officer may allow a maximum of 90 days as a start-up period for simultaneous operation of the existing stationary source and the new source or replacement. 409 REGULATIONS IN FORCE GOVERN: An authority to construct shall be granted or denied based on Best Available Control Technology and offset requirements of Sections 301 and 302 in force on the date the application is deemed complete as defined in Section 210. In addition, the Air Pollution Control Officer shall deny an authority to construct for any new stationary source or modification, or any portion thereof, unless: 409.l The new source or modification, or applicable portion thereof, complies with the provisions of this rule and all other applicable district rules and regulations; and 409.2 The owner or operator of the proposed new or modified source has demonstrated that all major stationary sources owned or operated by such person (or by an entity controlling, controlled by, or under common control with such person) in California which are subject to emission limitations are in compliance, or on a schedule for compliance, with all applicable emission limitations and standards. 410 CALCULATION OF EMISSIONS - BACT: The emissions change for a new or modified emissions unit shall be the same as the proposed emissions. Calculations shall be performed separately for each emissions unit for each calendar quarter. 411 CALCULATION OF EMISSIONS - OFFSETS TRIGGER FOR ROC AND NOX: The cumulative emissions increases for each calendar quarter for a stationary source shall be the sum of the potentials to emit for all emissions units based on current permits to operate and authorities to construct where permits to operate have not been issued and including the pending application, non-permitted emissions units, fugitive emissions, and all actual emissions reductions from the source which have been banked. 412 CALCULATION OF EMISSIONS - OFFSET TRIGGERS FOR CO, SOX AND PM10: Except as provided in Sections 412.1 and 412.2, the cumulative emissions increases for each calendar quarter for a stationary source shall be the sum of emissions from Sections 412.3, 412.4, and 412.5 for each calendar quarter, expressed in terms of pounds per day. 412.1 An application for a modification, deemed complete after September 22, 1993, to an emissions unit or stationary source, constructed or whose application is deemed complete prior to September 22, 1993, and which had provided full offsets for total suspended particulate matter emissions occurring after February 13, 1980 but before September 22, 1993, those total suspended particulate matter emissions shall not be recalculated as PM10. 412.2 Except as provided in Section 412.5, any emissions increase represented by an authority to construct or permit to operate which has been canceled or has expired and any emission reduction credits surrendered to the District shall not be included in the cumulative emissions increase calculation pursuant to Section 411. 412.3 The potential to emit for all emissions units installed after February 13, 1980 based on current permits to operate or authorities to construct where permits to operate have not been issued, including the pending application. 412.4 All emission increases from the modification to emissions units installed prior to February 13, 1980 and modified after February 13, 1980 as determined by procedures specified in Section 411 or procedures specified in this Rule at the time of modification. 412.5 Emission reduction credits obtained pursuant to Rule 3.5, EMISSION REDUCTION CREDITS, after February 13, 1980 from emissions units installed after February 13, 1980. 413 CALCULATION OF EMISSIONS, OFFSETS - GENERAL: The emissions change for a new or modified emissions unit shall be calculated by subtracting historic potential emissions from proposed emissions. Calculations shall be performed separately for each pollutant and each emissions unit for each calendar quarter. Negative emissions changes shall be processed under procedures specified in Rule 3.5, EMISSIONS REDUCTION CREDITS. 414 CALCULATION OF EMISSIONS, OFFSETS REQUIRED FOR ROC AND NOX: The cumulative net emissions increase pursuant to Section 413 for a stationary source shall be the sum of emissions from each of the following for each calendar quarter expressed in terms of pounds per quarter. 414.1 The potential to emit for all permitted and non-permitted emissions units installed after September 22, 1993 and not previously offset, including associated fugitive emissions, based on current permits to operate, or authorities to construct where permits to operate have not been issued, including the pending application. 414.2 All emission increases from the modification to permitted and non-permitted emissions units and not previously offset, including associated fugitive emissions, installed before September 22, 1993 but modified after September 22, 1993 as determined by procedures specified in Section 413. Any emissions increase represented by an authority to construct or permit to operate which has been canceled or has expired and any emission reduction credits surrendered to the District shall not be included in the cumulative emissions increase calculation. 415 CALCULATION OF EMISSIONS - OFFSETS REQUIRED FOR CO, SOX AND PM10: The cumulative net emissions increase pursuant to Section 413 for a stationary source shall be the sum of the emissions from each of the following for each calendar quarter expressed in terms of pounds per quarter. 415.1 The potential to emit for all permitted and non-permitted emissions units installed after September 22, 1993 and not previously offset, including associated fugitive emissions, based on current permits to operate or authorities to construct where permits to operate have not been issued, including the pending application. 415.2 All emission increases from the modification of all permitted and non-permitted emissions units, and not previously offset, and including associated fugitive emissions, installed before September 22, 1993 but modified after September 22, 1993 as determined by procedures specified in Section 413. Any emissions increase represented by an authority to construct or permit to operate which has been canceled or has expired and any emission reduction credits surrendered to the District shall not be included in the cumulative emissions increase calculation. 416 POWER PLANTS: This section shall apply to 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. 416.1 Within 14 days of receipt of a Notice of Intention, the Air Pollution Control Officer shall notify the Air Resources Board and the California Energy Commission of the District's intent to participate in the Notice of Intention proceeding. If the District chooses to participate in the Notice of Intention proceeding, the Air Pollution Control Officer shall prepare and submit a report to the California Air Resources Board and the California Energy Commission prior to the conclusion of the non- adjudicatory hearing specified in Section 25509.5 of the California Public Resources Code. That report shall include, at a minimum: a. A preliminary specific definition of Best Available Control Technology for the proposed facility; b. A preliminary discussion of whether there is substantial likelihood that the requirements of this rule and all other District regulations can be satisfied by the proposed facility; and c. A preliminary list of conditions which the proposed facility must meet in order to comply with this rule or any other applicable district regulation. The preliminary determinations contained in the report shall be as specific as possible within the constraints of the information contained in the Notice of Intention. 416.2 Upon receipt of an Application for Certification for a power plant, the Air Pollution Control Officer shall conduct a determination of compliance review. This determination shall consist of a review identical to that which would be performed if an application for a permit to construct had been received for the power plant. If the information contained in the Application for Certification does not meet the requirements of this rule, the Air Pollution Control Officer shall, within 20 calendar days of receipt of the Application for Certification, so inform the California Energy Commission, and the Application for Certification shall be considered incomplete and returned to the applicant for resubmittal. 416.3 The Air Pollution Control Officer shall consider the Application for Certification to be equivalent to an application for a permit to construct during the determination of compliance review, and shall apply all provisions of this rule which apply to applications for a permit to construct. 416.4 The Air Pollution Control Officer may request from the applicant any information necessary for the completion of the determination of compliance review. If the Air Pollution Control Officer is unable to obtain the information, the Air Pollution Control Officer may petition the presiding Commissioner of the California Energy Commission for an order directing the applicant to supply such information. 416.5 Within 180 days of accepting an Application for Certification as complete, the Air Pollution Control Officer shall make a preliminary decision on: a. Whether the proposed power plant meets the requirements of this rule and all other applicable district regulations; and b. In the event of compliance, what permit conditions will be required including the specific Best Available Control Technology requirements and a description of required mitigation measures. The preliminary written decision under Section 416.5 shall be treated as a preliminary decision under Section 403 of this rule, and shall be finalized by the Air Pollution Control Officer only after being subject to the public notice and comment requirements of Sections 403 and 404. The Air Pollution Control Officer shall not issue a determination of compliance unless all requirements of this rule are met. 416.6 Within 240 days of the filing date, the Air Pollution Control Officer shall issue and submit to the California Energy Commission a determination of compliance or, if such a determination cannot be issued, shall so inform the California Energy Commission. A determination of compliance shall confer the same rights and privileges as an authority to construct only when and if the California Energy Commission approves the Application for Certification, and the California Energy Commission certificate includes all conditions of the determination of compliance. 416.7 Any applicant receiving a certificate from the California Energy Commission pursuant to this section and in compliance with all conditions of the certificate shall be issued a permit to operate by the Air Pollution Control Officer. 500 MONITORING AND RECORDS 501 RECORDS: The following records shall be maintained for two years and provided to the Air Pollution Control Officer upon request: 501.1 Emergency Electrical Generating Equipment: Records of operation for maintenance purposes, for actual interruptions of power. 501.2 Portable Equipment: Records of operating location and corresponding dates of operation.