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.