Imperial County Air Pollution Control District Rule 207

RULE 207 NEW AND MODIFIED STATIONARY SOURCE REVIEW

(Adopted prior to 3/17/80; Revised 9/7/93; 9/14/99; __/__/__)

A. General

A.1 Purpose:

A.1.a This regulation Rule establishes preconstruction review 

requirements for new and modified Stationary Sources to ensure 

that the operation of such Sources does not interfere with the 

attainment or maintenance of Ambient Air Quality Standards

(AAQS).

A.1.b This regulation Rule shall provide for no net increase in emissions, 

pursuant to Health and Safety Code (H&SC) Section 40918 of the 

Health and Safety Code, from new or modified Stationary Sources 

which emit or have the Potential to Emit 137 pounds per day or 

more of any Nonattainment Pollutant or its their Precursors.

A.2 Applicability:

A.2.a This regulation Rule shall apply to all new Stationary Sources and 

all Modifications to existing Stationary Sources which are subject to 

Air Pollution Control District permit requirements, and after 

Construction, emit or have the Potential to Emit one or more 

Affected Pollutants.

A.2.b Applications received by the Air Pollution Control District shall be 

subject to the requirements of this regulation Rule in effect at the 

time such application is deemed complete, except when a more 

stringent new federal requirement not yet incorporated into this 

Rule shall apply to the new or modified Stationary Source.

A.2.c PUBLIC NOTIFICATION AND PUBLIC INSPECTION 

REQUIREMENTS: All applications for any new or modified 

Stationary Source or Emissions Unit shall be processed following 

the provisions of Rule 206, Processing of Applications, and shall be 

finalized by the Air Pollution Control Officer (APCO) only after being 

subject to the public notice and comment requirement of Rule 206.

A.2.d If any Source or Modification becomes a Major Stationary Source 

or Major Modification, as defined in this Rule, solely by virtue of a 

relaxation in any federally enforceable limitation which was 

established after August 7, 1980, on a capacity of the Source or 

Modification to emit a federal Nonattainment Pollutant or its 

Precursor such as a restriction on hours of operation, then the 

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requirements of this Rule shall apply to such a Source or 

Modification as though construction had not yet commenced on the 

Source or Modification.

B. Definitions

Terms applicable to this Rule are defined in Rule 101 – Definitions

The following definitions apply for all terms applicable to this Rule. If a term is 

not defined in this Rule, then the definitions provided in 40 Code of Federal 

Regulations (CFR) 51.165, as of July 1, 2012, shall apply.

ACTUAL EMISSIONS: measured or calculated emissions which most accurately 

represent the emissions from an Emissions Unit. Determination of Actual 

Emissions must be based on average actual production rates, fuel consumption 

and/or throughput rates from the last consecutive 24 months. Emission factors 

shall be established by Source testing or obtained from AP-42 or other approved 

sources.

ACTUAL EMISSIONS REDUCTIONS (AER): reductions of Actual Emissions 

from an Emissions Unit, calculated pursuant to Section E.2, which are Real, 

Quantifiable, Surplus, Permanent and Enforceable.

ACTUAL INTERRUPTIONS OF POWER: the interruption of electrical service by 

an unforeseeable event.

AFFECTED POLLUTANTS: pollutants for which an Ambient Air Quality Standard

(AAQS) have been established by the United States Environmental Protection 

Agency (US EPA) or the California Air Resources Board (CARB) and the 

Precursors to such pollutants, and those pollutants regulated by the US EPA 

under the Clean Air Act (CAA) or by the CARB under the H&SC, except for 

greenhouse gases and hazardous air pollutants, including but not limited to: 

Volatile Organic Compounds (VOC), nitrogen oxides (NOx), sulfur oxides (SOx), 

Particulate Matter with an aerodynamic diameter equal to or less than 10 

micrometers (PM10), Particulate Matter with an aerodynamic diameter equal to or 

less than 2.5 micrometers (PM2.5), carbon monoxide (CO), lead, fluorides, sulfuric 

acid mist, hydrogen sulfide, and total reduced sulfur compounds. The term 

Affected Pollutant shall not include any or all hazardous air pollutants either listed 

in Section 112 of the CAA or added to the list pursuant to Section 112(b)(2) of 

the CAA, and which have not been delisted pursuant to Section 112(b)(3) of the 

CAA, unless the listed hazardous air pollutant is also regulated as a constituent 

or Precursor of a general pollutant listed under Section 108 of the CAA.

AGRICULTURAL SOURCE: means a Source of air pollution or a group of 

Sources used in the production of crops, or the raising of fowl or animals located 

on Contiguous Property under common ownership or control that meets any of 

the following criteria;

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1. is a Confined Animal Facility, including, but not limited to, any structure, 

building, installation, barn, corral, coop, feed storage area, milking parlor, 

or system for the collection, storage, treatment, and distribution of liquid 

and solid manure, if domesticated animals, including, but not limited to, 

cattle, calves, horses, sheep, goats, swine, rabbits, chickens, turkeys, or 

ducks are corralled, penned, or otherwise caused to remain in restricted 

areas for commercial agricultural purposes and feeding is by means other 

than grazing.

2. is an Internal Combustion Engine used in the production of crops or the 

raising of fowl or animals, including, but not limited to, an engine subject to 

Article 1.5 (commencing with Section 41750) of Chapter 3 of Part 4 of 

Division 26 of the H&SC, except an engine that is used to propel 

implements of husbandry.

3. is a Title V Source or is a Source that is otherwise subject to regulation by 

the District or the CAA.

AIR POLLUTION CONTROL OFFICER (APCO): the person appointed by the Air 

Pollution Control Board and assigned to manage and direct the business and 

operations of the District, or their designee.

AMBIENT AIR QUALITY STANDARDS (AAQS): for the purposes of this Rule, 

Ambient Air Quality Standards (AAQS) shall be interpreted to include State and 

National AAQS. For the purposes of submittal of this Rule to the US EPA for 

inclusion in the California State Implementation Plan (SIP) all references in this 

Rule to AAQS shall be interpreted as National AAQS.

AUTHORITY TO CONSTRUCT: a written permit issued by the District for the 

Construction, installation, assembly, Modification, or replacement of any facility, 

article, machine, Equipment, or other contrivance.

BEST AVAILABLE CONTROL TECHNOLOGY (BACT): for any Emissions Unit 

the more stringent of:

1. the most effective emission Control Device, emission limit, or technique 

which has been achieved in practice for such class or category of Source.

2. any other alternative emission Control Device, emission control technique, 

basic Equipment, fuel, or process determined to be technologically 

feasible and cost-effective by the APCO. Cost-effectiveness analyses 

shall be performed in accordance with methodology and criteria specified 

in the Best Available Control Technology Guideline for the South Coast Air 

Quality Management District, or an alternative methodology and criteria 

acceptable to the APCO.

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3. under no circumstances shall BACT be determined to be less stringent 

than the emission control required by any applicable provision of law or 

regulation of the District, State and federal government, or the most 

stringent emissions limitation which is contained in the implementation 

plan of any State, unless the applicant demonstrates to the satisfaction of 

the APCO that such limitations are not technologically achievable. In no 

event shall the application of BACT result in the emissions of any pollutant 

which exceeds the emissions allowed by any applicable New Source 

Performance Standard (40 CFR, part 60) or National Emission Standard 

for Hazardous Air Pollutants (40 CFR, part 61 or part 63).

CARGO CARRIERS: Cargo Carriers are trains dedicated to a specific Stationary

Source. For purposes of this Rule, the term "trains dedicated to a specific 

Stationary Source" shall not include any train for which the prime mover is owned 

and operated by a common carrier, and by which cargo is delivered to or from 

the Stationary Source under a contract of common carriage. The emissions from 

all trains dedicated to a specific Stationary Source, while operating in the District, 

including directly emitted and Fugitive Emissions, shall be considered as 

emissions from the Stationary Source.

CLASS I AREA: any area listed as Class I in 40 CFR Part 81 Subpart D, 

including Section 81.405, or an area otherwise specified as Class I in the 

legislation that creates a national monument, a national primitive area, a national 

preserve, a national recreational area, a national wild and scenic river, a national 

wildlife refuge, a national lakeshore or seashore.

CLEAN AIR ACT (CAA): the Federal Clean Air Act (42 United States Code 

Section 7401 et seq.) and implementing regulations.

CODE OF FEDERAL REGULATIONS (CFR): the United States document 

codifying federal regulations.

COMPLETE APPLICATION: completeness of an application for an Authority to 

Construct a new or modified Emissions Unit shall be evaluated on the basis of a 

list of required information which has been adopted by the District.

CONSTRUCTION: any physical change or change in the method of operation 

(including fabrication, erection, installation, demolition, or Modification of an 

Emissions Unit) which would result in a change in emissions.

CONTIGUOUS PROPERTY: two or more Parcels of land with a common 

boundary or separated solely by a public or private roadway or other public 

right-of-way.

CONTROL DEVICE: any device for reducing emissions into the Atmosphere.

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CONTROL EQUIPMENT: air pollution Control Equipment that eliminates, 

reduces or controls the issuance of air emissions.

DAILY EMISSIONS LIMIT: 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 limit must be:

1. contained in and Enforceable by the latest Authority to Construct or the 

latest Permit to Operate for the Emissions Unit, and

2. Enforceable on a daily basis, and

3. established pursuant to a permitting action occurring after September 7, 

1993.

DISTRICT: the Imperial County Air Pollution Control District (ICAPCD).

EMISSION REDUCTION CREDITS (ERC’s): reductions of Actual Emissions 

from an Emissions Unit that are registered with the District in accordance with the 

requirements of Rule 214.

EMISSION INCREASE: means any increase in a Stationary Source or an 

Emissions Unit’s Potential to Emit, calculated pursuant to Section E.3 of this

Rule.

EMISSIONS UNIT: an identifiable operation or piece of process Equipment, such 

as an article, machine, or other contrivance, which emits, has the Potential to 

Emit, or results in the emissions of any air pollutant directly or as Fugitive 

Emissions.

ENFORCEABLE: means certain actions which are assured by verifiable and 

legally binding conditions in an Authority to Construct and/or Permit to Operate. 

EQUIPMENT: includes any article, machine, or contrivance that emits, has the 

Potential to Emit, or reduces emissions of any air pollutant emitted directly or as 

Fugitive Emissions.

ERC: see Emission Reduction Credits.

FEDERAL LAND MANAGER: the Secretary of the Department with authority 

over the specified federal lands.

FLUORIDES: elemental fluorine and all fluoride compounds.

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FUGITIVE EMISSIONS: those emissions which cannot reasonably pass through 

a stack, chimney, vent, or other functionally equivalent opening.

HALOGENATED HYDROCARBONS: all Halogenated Hydrocarbons listed as 

exempt under the definition of Volatile Organic Compounds.

HEALTH AND SAFETY CODE (H&SC): "Health and Safety Code" refers to the 

California Health and Safety Code.

HISTORIC ACTUAL EMISSIONS: Actual Emissions from an existing Emissions 

Unit averaged over a 24 month period immediately preceding the date of 

application. The APCO may approve another 24 month period within the last 60 

months, if the APCO determines that the other period is more representative of 

normal operations. Where an Emissions Unit has been in operation for less than 

24 months a shorter averaging period of at least 12 months may be used 

providing it represents the full operational history of the Emission Unit. The 

Historic Actual Emissions from Emission Units which have been in operation for 

less than 12 months shall be equal to zero. Historic Actual Emissions are to be 

calculated in pounds per quarter for each calendar quarter. Historic Actual 

Emissions in quarters 2 or 3 may be lowered by transferring these emissions to 

quarters 1 or 4, provided that the resulting emissions in quarters 1 or 4 are no 

higher than the higher of quarters 2 or 3. 

IDENTICAL REPLACEMENT UNIT: a replacement Emissions Unit which is the 

same as the original unit in all respects except for the serial number.

MAJOR MODIFICATION: a Modification to a Major Stationary Source which 

results in a Significant Emission Increase and a Significant Net Emission 

Increase of the pollutant for which the Stationary Source is classified as a Major 

Stationary Source.

MAJOR STATIONARY SOURCE: means a Stationary Source which emits, or 

has the Potential to Emit 100 tons per year (tpy) or more of Volatile Organic 

Compounds or Oxides of Nitrogen, or 70 tpy or more of PM10, or a PM10

Precursor or 100 tpy or more of PM2.5 or a PM2.5 Precursor. In addition, any 

physical change occurring at a Stationary Source which is not already a Major 

Stationary Source, and which Modification would constitute a Major Stationary 

Source by itself, makes the Source a Major Stationary Source.

MODIFICATION: any physical change, change in method of operation of, or 

addition to, an existing Emissions Unit, or any change in hours of operation or 

production rate which would necessitate a change in permit conditions.

Unless previously limited by a permit condition, the following shall not be 

considered a Modification:

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1. change in ownership of an existing Stationary Source with valid Permit(s) 

to Operate.

2. routine maintenance or repair.

3. an Identical Replacement Unit, if the Modification does not result in a 

Major Modification.

A Modification of an Emissions Unit also occurs when there is an increase in 

emissions from such a unit caused by a Modification of the Stationary Source 

and the Emissions Unit is not subject to a Daily Emissions Limit. 

A Modification to a Stationary Source shall include any Modification of its 

permitted Emissions Unit(s) or the addition of any new Emissions Unit(s).

A Reconstructed Stationary Source shall be treated as a new Stationary Source 

and not as a Modification.

NONATTAINMENT AREA: an area designated by a State or federal agency as 

exceeding a State or National Ambient Air Quality Standard.

NONATTAINMENT POLLUTANT: any pollutant or Precursor which has been 

designated "nonattainment" by the US EPA as codified in 40 CFR Section 81.305 

or that has been designated “nonattainment” by the CARB pursuant to H&SC 

Section 39607.

OFFSET: the use of an emission decrease to compensate for an Emission 

Increase from a new or modified Stationary Source subject to the requirements of 

Rule 207.

PARTICULATE MATTER: any material, except uncombined water, which exists 

in a finely divided form as a liquid or solid at standard conditions. Dust shall also 

be considered as Particulate Matter.

PARTICULATE MATTER (PM10): Particulate Matter with an aerodynamic 

diameter equal to or less than 10 micrometers. Gaseous emissions which 

condense to form Particulate Matter at ambient temperatures shall be included.

PARTICULATE MATTER (PM2.5): Particulate Matter with an aerodynamic 

diameter equal to or less than 2.5 micrometers. Gaseous emissions which 

condense to form Particulate Matter at ambient temperatures shall be included.

PERMANENT: the actual emission reductions that continue or endure for the 

duration of any Project utilizing the resulting ERC’s as Offsets. 

PERMIT TO OPERATE: the written permit issued by the District for the operation 

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of any facility, article, machine, Equipment, Emission Unit or other contrivance.

PERSON: any person, firm, association, organization, partnership, business 

trust, corporation, company, limited liability company, contractor, supplier, 

installer, user or owner, or any federal, State or local government agency, public 

district, or any officer or employee thereof. 

PM2.5 NONATTAINMENT AREA: that portion of Imperial County which lies within 

the line described as follows: (San Bernardino Base and Meridian) Beginning at 

the intersection of the United States-Mexico Border and the southeast corner of 

T17S R11E, then north along the range line of the eastern edge of range R11E, 

then east along the township line of the southern edge of T12S to the northeast 

corner of T13S R15E, then south along the range line common to R15E and 

R16E, to the United States-Mexico border.

POTENTIAL EMISSIONS: the sum of the maximum emissions from all 

Emissions Units at a Stationary Source, based on the maximum design capacity, 

unless otherwise limited by practically and legally Enforceable conditions 

contained in the Authority to Construct and/or Permit to Operate, expressed in 

terms of pounds per quarter. (Pounds per quarter for PM10, PM2.5 and sulfur 

oxides shall be determined by multiplying the Daily Emission Limit, in pounds per 

day, by the permitted operating days per quarter.)

POTENTIAL TO EMIT: the maximum capacity of an Emissions Unit to emit an 

Affected Pollutant based on its physical and operational design. Any physical or 

operational limitation on the capacity of the Emissions Unit to emit a pollutant, 

including air pollution Control Equipment and restrictions on hours of operation or 

on the type or amount of material combusted, stored, or processed, shall be 

treated as part of its design only if the limitation or the effect it would have on 

emissions is incorporated into the applicable permit as a practically and legally 

Enforceable permit condition.

PRECURSOR: a directly emitted Affected Pollutant that, when released into the 

Atmosphere, forms or causes to be formed or contributes to the formation of a 

secondary pollutant for which a State or National AAQS has been adopted, or 

whose presence in the Atmosphere will contribute to the violation of one or more 

State or National AAQS. The following Precursor-secondary pollutant 

relationships shall be used for the purposes of this Rule:

PRECURSORS SECONDARY POLLUTANTS

Hydrocarbons and substituted a) Photochemical Oxidant (Ozone)

hydrocarbons (Volatile Organic b) The organic fraction of PM10

Compounds). c) Organic fraction of PM2.5, if 

Volatile Organic Compounds are

determined to be a necessary part 

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of the PM2.5 control strategy in the 

attainment demonstration 

approved by the US EPA in the 

SIP

Nitrogen Oxides (NOx) a) Nitrogen Dioxide (NO2)

b) The nitrate fraction of PM10

c) Photochemical Oxidant (Ozone)

d) The nitrate fraction of PM2.5

Sulfur Oxides (SOx) a) Sulfur Dioxide (SO2)

b) Sulfates (SO4)

c) The sulfate fraction of PM10

d) The sulfate fraction of PM2.5

Ammonia a) Organic fraction of Nitrate, if 

ammonia is determined to be a 

necessary part of the PM2.5

control strategy in the attainment 

demonstration approved by the

US EPA in the SIP

PROJECT: activity, for which a permit is required, or that has the Potential to 

Emit Air Contaminants. A Project includes all of the Emission Units associated 

with the scope of the preconstruction application for a new or modified Stationary 

Source and any Emissions Unit(s) indirectly affected.

PROPOSED EMISSIONS: the Potential to Emit for a new or post Modification 

Emissions Unit.

QUANTIFIABLE: means a reliable, replicable and accurate basis for calculating 

the amount, rate, nature and characteristic of an emission reduction by adhering 

to a quantification protocol that can be established considering US EPA, CARB 

and District policies and procedures. 

QUARTERLY: the calendar quarter beginning on January 1, April 1, July 1, and 

October 1.

REAL: a "real" emission reduction means that actual air emissions are reduced 

and that they are actually occurring and not artificially devised.

REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT): is the most 

stringent of the following control options:

1. the most effective emission limits in existing regulations that are currently 

in effect in any District whose nonattainment status is designated as 

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moderate, with such limits resulting from the application of retrofit 

technologies judged by the APCO to be demonstrated and reliable.

2. emission limits identified in existing Suggested Control Measures (SCM’s), 

model rules, the US EPA’s Control Techniques Guidelines (CTG’s) or 

other such documents.

3. emission limits in new (post 1988) SCM’s and the technical review group 

of the California Air Pollution Control Officers Association approved 

Reasonably Availability Control Technology/Best Available Retrofit Control 

Technology (RACT/BARCT) determinations, which are not identified as 

BACT and are less stringent than BACT.

4. the lowest emission limit that can be achieved by the specific Source by 

the application of control technology taking into account environmental 

impacts, technological feasibility, cost-effectiveness, and the specific 

design features or extent of necessary Modifications to the Source. 

Emission limits for existing specific Sources may be found in the field 

studies and evaluations of District regulations conducted by the US EPA 

and the CARB.

5. the lowest emission limit achieved for the Source category that is 

technically feasible, economically reasonable and achieved in practice 

anywhere (including outside the United States), with such limits resulting 

from the application of retrofit control technologies judged by the APCO to 

be demonstrated and reliable.

6. any combination of control technologies that will achieve emission 

reductions equivalent to that resulting from the most stringent option listed 

above.

RECONSTRUCTED STATIONARY 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.

RULE: a Rule of the Air Pollution Control District of Imperial County.

SHUTDOWN: means an action necessary to cease operation of an Emissions

Unit and includes the amount of time needed to safely do so. For the purposes 

of calculating ERC’s, means the Permanent cessation of emissions from an 

emitting unit and the surrender of the operating permit.

SIGNIFICANT: in reference to an Emission Increase or the potential of a Source 

to emit any of the following pollutants, a rate of emissions that would equal or 

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exceed any of the following rates:

1. PM2.5: 10 tpy of direct PM2.5 or 40 tpy of sulfur dioxide emissions or 40 tpy 

of nitrogen oxide emissions.

2. Nitrogen oxides: 40 tpy;

3. Sulfur dioxide: 40 tpy;

4. VOC’s: 40 tpy; and

5. PM10: 15 tpy.

SIGNIFICANT EMISSION INCREASE: an increase in emissions that is 

Significant for that pollutant.

SIGNIFICANT NET EMISSION INCREASE: an increase in net emissions that is 

Significant for that pollutant. The “net emission increase” shall be determined as 

defined in 40 CFR 51.165.

SOURCE: a specific device, article, or piece of Equipment from which Air 

Contaminants are emitted, or the distinct place (such as with fires or other 

chemical activity) from which Air Contaminants are emitted. A Project or facility 

may have more than one Source and the term may be used to describe a group 

of "Sources."

STATIONARY SOURCE: any building, structure, facility, Equipment, or 

Emissions Unit which emits or may emit any Affected Pollutant directly or as a 

Fugitive Emission. Building, structure, or facility includes all pollutant emitting 

activities, including Emission Units, which:

1. are located on one or more contiguous or adjacent properties, and

2. are under the same or common ownership or operation, or which are 

owned or operated by entities which are under common control, and

3. belong to the same industrial grouping either by virtue of falling within the 

same two-digit standard industrial classification code or by virtue of being 

part of a common production process, industrial process, manufacturing 

process, or connected process involving a common raw material.

SURPLUS: the amount of emission reductions that are, at the time of generation 

of an ERC, not otherwise required by federal, State, or local law, not required by 

any legal settlement or consent decree, and not relied upon to meet any 

requirement related to the California SIP. For the purposes of Sections C.2.c 

and C.2.d, “Surplus” means the amount of emission reductions that are, at the 

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time of use of an ERC, not otherwise required by federal, State, or local law, not 

required by any legal settlement or consent decree, and not relied upon to meet 

any requirement related to the California SIP. However, emission reductions 

required by a State statute that provides that the subject emission reductions 

shall be considered Surplus may be considered Surplus for purposes of this Rule 

if those reductions meet all other requirements of this section. Examples of 

federal, State, and local laws and of SIP-related requirements include, but are 

not limited to, the following:

1. the federally-approved California SIP;

2. other adopted State air quality laws, and regulations not in the SIP, 

including but not limited to, any requirement, regulation, or measure that: 

(1) the District or the State has included on a legally-required and publiclyavailable list of measures that are scheduled for adoption by the District or 

the State in the future; or (2) is the subject of a public notice distributed by 

the District or the State regarding an intent to adopt such revision;

3. any other Source or Source-category specific regulatory or permitting 

requirement, including, but not limited to, RACT, New Source 

Performance Standards (NSPS), National Emission Standards for 

Hazardous Air Pollutants (NESHAP), Best Available Control Measures 

(BACM), BACT, and the Lowest Achievable Emission Rates (LAER); and

4. any regulation or supporting documentation that is required by the CAA 

but is not contained or referenced in 40 CFR Part 52, including but not 

limited to: assumptions used in attainment and maintenance 

demonstrations (including Reasonable Further Progress demonstrations 

and milestone demonstrations), including any proposed control measure 

identified as potentially contributing to an Enforceable near-term 

emissions reduction commitment; assumptions used in conformity 

demonstrations, and assumptions used in emissions inventories.

5. emission reductions produced by monies from any public air quality 

related funding program including but not limited to the Carl Moyer 

Memorial Air Quality Standards Attainment Program and the vehicle 

registration surcharge fee.

TOTAL REDUCED SULFUR COMPOUNDS: the sulfur compounds methyl 

mercaptan, dimethyl sulfide, dimethyl disulfide, carbon disulfide, and carbonyl 

sulfide.

TRANSFER: in reference to ERC’s, means the conveyance of an ERC from one 

entity to another.

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (US EPA): the 

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Administrator or appropriate delegate of the "United States Environmental 

Protection Agency."

VOLATILE ORGANIC COMPOUND (VOC): any volatile compound containing at 

least one atom of carbon, excluding carbon monoxide, carbon dioxide, carbonic 

acid, metallic carbides or carbonates, and ammonium carbonate, and excluding 

the following:

1. Methane;

methylene chloride (dichloromethane);

1,1,1-trichloroethane (methyl chloroform);

trichlorofluoromethane (CFC-11);

dichlorodifluoromethane (CFC-12);

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114);

chloropentafluoroethane (CFC-115);

chlolrodifluoromethane (HCFC-22);

2,2-dichloro-1,1,1-trifluoroethane (HCFC-123);

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

1,1-dichloro-1-fluoroethane (HCFC-141b);

1-chloro-1,1-difluoroethane (HCFC-142b);

trifluoromethane (HFC-23);

pentafluoroethane (HFC-125);

1,1,2,2-tetrafluoroethane (HFC-134);

1,1,1,2-tetrafluoroethane (HFC-134a);

1,1,1-trifluoroethane (HFC-143a);

1,1-difluoroethane (HFC-152a);

cyclic, branched, or linear completely methylated siloxanes;

the following classes of perfluorocarbons:

(A) cyclic, branched, or 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; and

(D) sulfur-containing perfluorocarbons with no unsaturations and with 

the sulfur bonds only to carbon and fluorine; and

2. the following low-Reactive Organic Compounds which have been 

exempted by the US EPA:

acetone;

ethane;

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene);

perchloroethylene; 

methyl acetate; 

propylene carbonate and 

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dimethyl carbonate

3. Perfluorocarbon and Methylated Siloxane compounds shall be assumed to 

be absent from any product or process unless the manufacturer or 

operator indicates which specific, individual compounds from these broad 

classes are present, indicated the amount(s) present, and demonstrates 

the availability of a test method approved by the US EPA, the CARB, and 

the District for verifying the amount(s) present quantitatively.

4. Tertiary-Butyl Acetate (also known as t-butyl acetate, TBAC or TBAc) shall 

be considered exempt as a VOC only for purposes of VOC emissions 

limitations or VOC content requirements, but will continue to be a VOC for 

purposes of all recordkeeping, emissions reporting, photochemical 

dispersion modeling, and inventory requirements with apply to VOCs.

C. Standards

C.1 Best Available Control Technology (BACT)

C.1.a An applicant shall apply Best Available Control Technology (BACT) 

on a pollutant by pollutant basis to any new Emissions Unit which 

has with a Potential to Emit of 25 pounds per day or more of any 

Nonattainment Pollutant or its Precursors. For PM2.5 this provision 

applies only to Emissions Units located in the PM2.5 Nonattainment 

Area of Imperial County.

C.1.b An applicant shall apply Best Available Control Technology (BACT) 

on a pollutant by pollutant basis to any modified Emissions Unit 

which has with a Potential to Emit of 25 pounds per day or more of 

any Nonattainment Pollutant or its Precursors. For PM2.5 this 

provision applies only to Emissions Units located in the PM2.5

Nonattainment Area of Imperial County.

C.1.c An applicant shall apply Best Available Control Technology BACT

to any new or modified Emissions Unit with a Potential to Emit 

equal to or greater than the following:

POLLUTANT LBS/DAY

Carbon monoxide (CO attainment areas only)......... 550

Lead............................................................... 3.3

Asbestos................................................................... 0.04

Beryllium................................................................... 0.0022

Mercury..................................................................... 0.55

Vinyl Chloride............................................................ 5.5

Fluorides................................................................... 16

Sulfuric Acid Mist...................................................... 38

207-14
Imperial County Air Pollution Control District Rule 207

POLLUTANT LBS/DAY

Hydrogen Sulfide...................................................... 55

Total Reduced Sulfur Compounds............................ 55

BACT shall be applied for each pollutant(s) for which a threshold is 

exceeded. For the purpose of submittal of Rule 207 to the US EPA 

for inclusion in the California SIP, this Subsection shall not be 

included.

C.1.d For projects to be constructed in phases, the Best Available Control 

Technology BACT determination for e Equipment to be added or 

modified in each phase shall be reevaluated no more than 18 

months prior to the commencement of construction of that phase of 

the project. If it is determined that current BACT Best Available 

Control Technology will result in lower emissions than previously 

determined, then current BACT Best Available Control Technology

shall be applied. Equipment which was installed during prior 

phases and which will not be modified, during the current phase

shall not be subject to the redetermination of the BACT Best 

Available Control Technology.

C.1.e Cargo Carriers shall not be required to implement BACT Best 

Available Control Technology.

C.1.f BACT Best Available Control Technology shall not be required for 

any new Emissions Unit or Modification of an existing Emissions 

Unit used solely for the purpose of compliance with District, s State, 

or federal air pollution control laws, regulations, or orders, as 

approved by the APCO Air Pollution Control Officer, and provided 

there is no increase in the permitted production rate, operating 

schedule, or maximum e Equipment rating; and the new or modified 

Emissions Unit does not result in a new Major Stationary Source or 

Major Modification. This exemption applies only to the primary

pollutant for which compliance with District, s State, or federal air 

pollution control laws, regulations, or orders is required. The APCO 

shall require the use of RACT for control of consequent pollutants 

that are the direct result of the use of an abatement device or 

emission reduction techniques implemented to comply with the 

BACT requirements for control of another pollutant.

C.1.g BACT Best Available Control Technology shall not be required for 

any new Emissions Unit or Modification of an existing Emissions 

Unit used for voluntary emission reductions in emissions for the 

sole purpose of generating ERC’s emission reduction credits. This 

exemption applies only to the pollutant for which ERC’s emission 

reduction credits are obtained.

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Imperial County Air Pollution Control District Rule 207

C.1.h For emergency standby e Equipment which meets the 

requirements of Section C.2.gf, Best Available Control Technology 

shall be required for any new or modified emissions unit which has 

a potential to emit 25 pounds per day or more of any nonattainment 

pollutant or its precursors. O only those emissions which occur 

during routine operation for of the e Equipment for maintenance 

purposes shall be considered for the purpose of determining if the 

application of BACT Best Available Control technology is required 

for this the emergency standby e Equipment.

C.2 Offset Requirements, General: Offsets are a Actual e Emission r

Reductions (AER’s), calculated pursuant to Part Section E of this 

regulation Rule, sufficient to Offset e Emission i Increases from a new or 

modified Emissions Unit. A new or modified Emissions Unit subject to the 

Offset requirements of this regulation Rule shall provide Offsets for each 

calendar quarter as specified in Subsection C.3. The quantity of E

emissions to be offset shall be based on an initial estimate of proposed 

Emission Increases for the Project. Such estimate shall be based on data 

or test procedures acceptable to the APCO. The APCO shall require the 

use of the best available acceptable methods to accurately estimate the 

emissions from the proposed Project source, and shall require the best 

available acceptable methods to measure those emissions once the s

Source is operating.

C.2.a Offsets shall be required for any new or modified Stationary Source 

with a daily Potential to Emit, calculated pursuant to Subsection 

E.36., equal to or exceeding the following:

POLLUTANT LBS/DAY

Reactive Volatile Organic Compounds ...................... 137

Nitrogen Oxides ...................................................... 137

Sulfur Oxides .......................................................... 137

PM10 ....................................................................... 137

Carbon Monoxide (See Section C.2.hg.).................... 137

For the purpose of submittal of Rule 207 to the US EPA for 

inclusion in the California SIP, Subsection C.2.a shall not be 

included.

C.2.b An existing Stationary Source with a Potential to Emit equal to or 

exceeding 137 pounds per day of nitrogen oxides, reactive organic 

compounds, carbon monoxide, sulfur oxides, or PM10, as of 

September 7, 1993, shall Offset all emission increases, including 

cargo carrier emissions, from any new or modified Emissions Unit 

at the Stationary Source occurring after September 7, 1993.

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Imperial County Air Pollution Control District Rule 207

C.2.bc A new Stationary Source or Modification of an existing Stationary 

Source which, on or after September 7, 1993, will result in a 

Potential to Emit for the Stationary Source of 137 pounds per day 

or more of nitrogen oxides, reactive Volatile o Organic c

Compounds, carbon monoxide, sulfur oxides, or PM10, shall Offset 

all e Emission i Increases, including c Cargo c Carrier and f Fugitive 

e Emissions, which cause the Stationary Source Potential to Emit 

to exceed 137 pounds per day of nonattainment pollutants, 

including nitrogen oxides, reactive Volatile o Organic c Compounds, 

carbon monoxide, sulfur oxides, or PM10. For the purpose of 

submittal of Rule 207 to the US EPA for inclusion in the California 

SIP, Subsection C.2.b shall not be included.

After the Potential to Emit for a Stationary Source has exceeded 

these levels and the applicant has provided Actual Emissions 

Reductions to Offset emission increases, all future emission 

increases from new or modified Emissions Units shall be Offset. 

Major Sources (as defined in Rule 900) shall offset all Emission 

Increases occurring since September 7, 1993, not just those 

increases which cause the Stationary Source Potential to Emit to 

exceed 137 pounds per day.

C.2.c Major Stationary Source Requirement to Provide Offsets: A 

Stationary Source whose Project emissions will result in a new 

Major Stationary Source determination shall Offset all Emission 

Increases from the Project for each Nonattainment Pollutant that 

constitutes a Major Stationary Source. For PM2.5, this provision 

applies only to Stationary Sources located in the PM2.5

Nonattainment Area of Imperial County.

C.2.d Major Modification to a Major Stationary Source Requirement to 

Provide Offsets: A Modification of an existing Major Stationary 

Source whose Project emissions will result in a Major Modification 

shall Offset all Emission Increases that constitutes a Major 

Modification. For PM2.5, this provision applies only to Stationary 

Sources located in the PM2.5 Nonattainment Area of Imperial 

County.

C.2.ed The PM10 emissions from an existing Stationary Source shall be 

recalculated from the total suspended particulate using applicable 

PM10 emission factors. When applicable PM10 emissions factors 

do not exist, assume 50% of the total suspended particulates is 

PM10.

C.2.fe In no case shall Halogenated Hydrocarbons be used as Offsets for 

207-17
Imperial County Air Pollution Control District Rule 207

Reactive Volatile Organic Compounds.

C.2.gf The Air Pollution Control Officer APCO may exempt an applicant 

from the requirements of Sections C.2. and C.3. of this regulation

Rule for Equipment to be used exclusively as emergency standby 

Equipment for non-utility electrical power generation and not used 

in conjunction with any utility voluntary demand reduction program, 

provided:

C.2.gf.1 Operation for maintenance purposes shall be is limited 

to 100 hours per year, and such maintenance shall be 

scheduled in cooperation with the Air Pollution Control

District so as to have no adverse air quality impact, and 

to maintain Reasonable Further Progress, and operation 

of diesel engines may be further limited by the CARB’s 

Airborne Toxic Control Measure for Stationary 

Compression Engines pursuant to H&SC Section 

93115.6(a), and

C.2.gf.2 Operation for other than maintenance purposes shall be 

limited to Actual Interruptions of Power by the serving 

utility. Appropriate record keeping shall be required to 

verify and maintain any this exemption.

C.2.hgOffsets for carbon monoxide emissions from Sources located in 

carbon monoxide attainment areas shall not be required if the 

applicant demonstrates to the satisfaction of the APCO Air Pollution 

Control Officer, pursuant to Part Section F of this Rule regulation, 

that carbon monoxide Ambient Air Quality Standards are not 

violated in the areas to be affected, and the carbon monoxide e

Emission i Increases will not cause or contribute to a violation of 

AAQS Ambient Air Quality Standards.

C.2.ih Upon approval by the APCO Air Pollution Control Officer, an 

exemption from s Sections C.2.a, and C.2.b, C.2.c, and C.2.g shall 

be allowed, provided BACT is utilized, for the following subject 

permit units:

C.2.ih.1 Abrasive Blasting Equipment, which has been registered 

under the Statewide Portable Equipment Registration 

Program (PERP).: Such portable equipment which 

complies with the provisions of C.2.h.4.

C.2.ih.2 Air Pollution Control Devices: Emission Increases, which 

do not result in a new Major Stationary Source or Major 

Modification, from an e Emissions u Unit that results from 

207-18
Imperial County Air Pollution Control District Rule 207

the installation, operation or other implementation of any 

emission c Control d Device or technique used to comply 

with a District, State, or F federal emission control 

requirement, including, but not limited to, requirements 

for the use of RACT Reasonably Available Control 

Technology or Best Available Retrofit Control Technology

(BARCT), unless there is a m Modification that results in 

an increase in the capacity of the unit being controlled.

C.2.ih.3 Emergencies: Emergencies which comply with the 

provisions of the Hearing Board Procedures for which o

Offsets are not required under those procedures.

C.2.h.4 Portable Equipment: Portable Emissions Units, which 

have been registered under the Statewide Portable 

Equipment Program and that are periodically relocated, 

and is not used more than 90 calendar days at any one 

location in the Air Pollution Control District within a 12 

month period, and which does not emit more than 25 

tons/year of a single pollutant.

Portable Emissions Units emitting more than 250 lbs/day 

of a single pollutant must demonstrate by Modeling to the 

satisfaction of the Air Pollution Control Officer that the 

emission increases from the unit, in conjunction with all 

other applicable emissions, would not cause or contribute 

to a violation of an air quality standard.

C.2.j Except for Major Stationary Sources or Major Modifications, 

Agricultural Sources required to obtain a District permit shall be 

exempted from obtaining emission Offsets for any pollutant emitted 

from a particular Source, if the emissions from that Source would 

not meet the criteria necessary for creating Real, Permanent, 

Quantifiable, and Enforceable emission reductions.

C.3 Location of Offsets and Offset Ratios:

C.3.a A new or modified Stationary Source subject to the Offset 

requirements of this regulation Rule shall provide Offsets for each 

calendar quarter equal to the Emission Increase for each calendar 

quarter, calculated in accordance with Part Section E of this 

regulation Rule, and multiplied by using the appropriate Offset ratio 

listed in the following table:

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Imperial County Air Pollution Control District Rule 207

LOCATION Offset RATIO

Within the same Source 1 to 1

Within 50 miles of the Source 1.2 to 1

More than 50 miles from the 

Source, and within air basin

Determined by the Air 

Pollution Control Officer but 

n No greater than 3 to 1 or 

less than 1.2 to 1, as 

necessary to assure the 

Stationary Source will not 

prevent or interfere with the 

attainment or maintenance 

of any AAQS

C.3.b The APCO may impose, based on the air quality analysis, a higher 

Offset ratio such that the new or modified Stationary Source will not 

prevent or interfere with the attainment or maintenance of any 

AAQS.

C.3.cbOffsets shall be obtained from emission s Sources located within 

the same n Nonattainment a Area within the District as the 

proposed s Source or an emission unless (1) the offset s Source

that is located in the same air basin and in a n Nonattainment a

Area with equal or worse nonattainment status., and (2) emissions 

from the offset source have been shown to contribute to the 

violation of the air quality standard in the vicinity of the proposed 

source.

C.4 Offset Requirements:

C.4.a Offsets which are obtained pursuant to meet the requirements of

Sections C.2. and C.3. in from an air D district other than that in 

which the proposed Source is located, and but within the same air 

basin, may be used only if the APCO Air Pollution Control Officer

has reviewed the permit conditions issued by the A air P pollution C

control D district in which the proposed Offsets are obtained and 

certifies that such Offsets meet the requirements of H&SC Section 

40709.6 and these regulations this Rule and will not be used as 

mitigation for any other new or modified Emissions Unit(s). IntraDistrict Offsets used to meet Major Stationary Source Offset 

requirements shall be approved by the US EPA.

C.4.b Interpollutant Offsets, including interpollutant trades between PM10

and PM10 p Precursors, may be approved by the APCO Air 

Pollution Control Officer on a case-by-case basis, provided that the 

trade is technically justified and that the applicant demonstrates to 

207-20
Imperial County Air Pollution Control District Rule 207

the satisfaction of the APCO Air Pollution Control Officer that the 

emissions from the new or modified Source will not cause or 

contribute to a violation of an AAQS ambient air quality standard. 

In such cases, t The APCO Air Pollution Control Officer shall, 

based on an air quality impact analysis, impose Offset ratios equal 

to or greater than those required in Section C.3. of this Rule 

regulation. Interpollutant trades between PM10 and PM10 

Precursors may be allowed. PM10 emissions reductions shall not 

be allowed to Offset nitrogen oxide or reactive Volatile o Organic c

Compounds Emission Increases in ozone Nonattainment Areas. 

PM10 emissions reductions shall not be allowed to Offset sulfur 

oxide Emission Increases in sulfate Nonattainment Areas. 

Interpollutant Offsets between PM2.5 and PM2.5 Precursors are only 

allowed at specific ratios as approved into the SIP by the US EPA. 

Interpollutant Offsets used to meet federal Nonattainment Area 

Offset requirements shall be approved by the U.S. EPA 

Environmental Protection Agency.

C.4.c Offsets for new or modified Stationary Sources shall occur during 

the same annual time period as the Stationary Source will operate., 

unless the Offsets meet the Emission Reduction Credit provisions 

of these rules and are approved by the Air Pollution Control Officer 

and the California Air Resources Board.

C.4.d Source Shutdowns or permanent curtailments in production or 

operating hours occurring before an application for an ERC is filed 

per Rule 214 may not be used as Offsets.

C.4.e Emissions Offsets shall not be required for cogeneration or 

resource recovery projects which meet the requirements of Health 

and Safety Code Section 42314 where the Air District has 

established an alternative energy offset bank which contains 

sufficient offsets for the project. Offset credits shall be allowed for 

certain biowaste fueled electric generation projects as specified in 

Health and Safety Code Section 41605.6.

C.5 Additional Source Requirements:

C.5.a Alternative Siting: The applicant shall prepare an analysis 

functionally equivalent to the requirements of Division 13, Section 

21000 et. seq. of the Public Resources Code for Sources for which 

an analysis of alternative sites, sizes, and production processes is 

required under Section 173 172 of the CAA Federal Clean Air Act.

C.5.b Ambient Air Quality Standards:

207-21
Imperial County Air Pollution Control District Rule 207

C.5.b.1 Emissions from a new or modified Emissions Unit shall 

not cause or make worse a violation of an AAQS Ambient 

Air Quality Standard.

C.5.b.2 Part Section F of this regulation Rule shall be used to 

estimate the effects of a new or modified Emissions Unit. 

In making this determination the APCO Air Pollution 

Control Officer shall take into account the increases in 

minor and secondary source emissions as well as the 

mitigation of emissions through Offsets obtained 

pursuant to this Rule regulation.

C.5.b.32 At the discretion of the Air Pollution Control Officer, a A

new or modified Emissions Unit shall may be exempt 

from the provisions of Subsection C.5.b.21 provided: that 

the new or modified Stationary Source is not subject to 

the public noticing requirements of Rule 206, Processing 

of Applications.

C.5.b.2(a)Offsets have been provided for all increases in 

permitted emissions including fugitive, cargo 

carrier, and Secondary Emissions, or

C.5.b.2(b)the Emissions Unit is not subject to the Best 

Available Control Technology and Offset 

requirements of this Rule.

C.5.c Compliance By Other Owned, Operated, Or Controlled Sources: 

The Owner or Operator of a proposed new or modified Emissions 

Unit shall demonstrate to the satisfaction of the APCO Air Pollution 

Control Officer that all Stationary Sources owned or operated by 

such Person (or by any entity controlling, controlled by, or under 

common control of 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.

C.5.d Except for Major Stationary Sources or Major Modifications, 

Projects which burn municipal waste, landfill gas or digester gas 

shall also be reviewed consistent with Health and Safety Code

H&SC Section 42314.1 and 42315.

C.5.e Issuance of an Authority to Construct shall not relieve any Owner or 

Operator of the responsibility to comply fully with any applicable 

provision of the District portion of the California SIP and any other 

requirements under District, State or federal law.

207-22
Imperial County Air Pollution Control District Rule 207

D. Administrative Requirements

The following administrative requirements, in addition to other requirements 

specified in these all applicable District r Rules and regulations, shall apply to all 

applications for a new or modified Emissions Unit, except for the review of power 

plants over 50 megawatts and greater. Power plants over 50 megawatts and 

greater shall be subject to the administrative requirements of Section D.49.

D.1 (Reserved)

D.2 (Reserved)

D.3 (Reserved)

D.4 (Reserved)

D.5 (Reserved)

D.16 Authority To Construct - General Conditions:

D.16.a An Authority to Construct shall not be issued unless the new or 

modified Emissions Unit complies with the provisions of this 

regulation Rule and all applicable Air Pollution Control District r

Rules and regulations and the provisions of Division 26 of the 

Health and Safety Code.

D.16.b An Authority to Construct shall require a new or modified 

Emissions Unit be built in accordance with specifications and 

plans contained in the application and approved by the APCO Air 

Pollution Control Officer.

D.16.c An Authority to Construct shall contain all conditions deemed 

necessary by the APCO Air Pollution Control Officer to assure 

Construction and operation of an Emissions Unit in the manner 

assumed in making the analysis to determine compliance with this 

regulation Rule and all applicable Air Pollution Control District r

Rules and regulations.

D.16.d An Authority to Construct shall include all conditions deemed 

necessary by the APCO Air Pollution Control Officer to assure 

compliance with the Offset requirements of this regulation Rule.

D.16.e An Authority to Construct permit shall include d Daily e Emission l

Limits which reflect applicable emission standards.

D.16.f The APCO shall consult with the Federal Land Manager on a 

207-23
Imperial County Air Pollution Control District Rule 207

proposed Major Stationary Source or Major Modification that may 

impact visibility in any Class I Area.

An Authority to Construct permit shall address the potential to 

impact air quality (including visibility) of any Class 1 federal area.

D.16.g Prior to approving a permit for a an Authority to Construct for a 

new or modified Source which emits hazardous air emissions and 

which is located within 1,000 feet from the outer boundary of a 

school site, the APCO Air Pollution Control Officer shall 

implement the provisions of Health and Safety Code H&SC 

Section 42301.6 through 42301.9. For the purpose of submittal of 

Rule 207 to the US EPA for inclusion into the California SIP, 

Subsection D.1.g shall not be included.

D.27 Permit to Operate - General Conditions:

D.27.a A Permit to Operate shall require that a new or modified 

Emissions Unit be operated in the manner assumed in making the 

analysis to determine compliance with this regulation Rule and all 

applicable Air Pollution Control District r Rules and regulations 

and as conditioned in the Authority to Construct.

D.27.b A Permit to Operate shall include d Daily e Emission l Limits 

which reflect applicable emission limitations standards.

D.27.c Prior to the issuance of a Permit to Operate the APCO Air 

Pollution Control Officer shall make a determination that the 

Source complies with the conditions established in the Authority 

to Construct.

C.38 Offset Conditions:

D.38.a For any Stationary Source which provides emissions Offsets, the 

Source’s Permit to Operate shall be subject to Enforceable permit 

conditions containing specific operational and Daily e Emissions l

Limitations, which ensure that the emissions reductions will be are 

provided in accordance with the provisions of this regulation Rule

and shall continue for the reasonably expected life of the 

proposed Source which required s Offsets. 

D.3.b Where the s Source of Offsets is not subject to a permit, a written 

contract shall be required between the applicant for the Source 

requiring Offsets and the Owner or Operator of the Offset s

Source, which contract, by its terms, shall be subject to the 

approval of, and Enforceable by the APCO Air Pollution Control 

207-24
Imperial County Air Pollution Control District Rule 207

Officer. The Offset permits and contracts shall be submitted to 

the CARB Air Resources Board for review and comment. A 

violation of the emissions limitation provisions of any such 

contract shall be chargeable invalidate the contract and to the 

applicant for the Source using the Offsets shall be required to 

provide new Offsets. For the purpose of submittal of Rule 207 to 

the US EPA for inclusion into the California SIP, Subsection D.3.b 

shall not be included.

D.38.c.bOffsets required as a condition of an Authority to Construct or a 

Permit to Operate shall be Enforceable requirements at the time 

of permit Authority to Construct issuance and shall be in effect not 

later than the date of initial operation of the new or modified 

Emissions Unit. Where a new or modified Emissions Unit requires 

a shake-down period, and is a replacement for an existing 

Emissions Unit on the same or Contiguous Property, the APCO

Air Pollution Control Officer may allow a maximum of 90 days as 

a start-up period for simultaneous operation of the existing 

Emissions Unit and the replacement Emissions Unit.

D.38.d.cFor Major Stationary Sources and Major Modifications Projects 

(as defined in Rule 900) which are constructed in phases, the 

Authority to Construct shall clearly identify each phase of the p

Project, the Emissions Unit(s) to be added at each phase, and the 

permitted emissions associated with those Emissions Units. The 

initial Authority to Construct for the p Project shall identify 

sufficient o Offsets for all p Project phases in order to confirm p

Project feasibility. The o Offsets for each phase shall (1) be 

implemented prior to the initiation of construction of that phase, 

(2) shall remain in effect for the life of the e Equipment installed in 

that phase, (3) shall meet the r Rules and regulations in effect at 

the time of initiation of construction for that phase, and (4) shall be 

reevaluated for consistency with local, s State and federal 

requirements by the Air District not more than 18 months prior to 

the initiation of construction for that phase. The Permit to Operate 

for each phase of the p Project shall be issued separately, after 

the District finds that the above requirements, in addition to any

other applicable requirements of these r Rules and regulations, 

have been met.

D.49 Power Plants: This section shall apply to all power plants proposed to be 

constructed within Imperial County the Air Pollution Control District and for 

which a Notice of Intention (NOI) or Application for Certification (AFC) has 

been accepted by the California Energy Commission.

D.49.a Within 14 days of receipt of a NOI otice of Intention, the APCO Air 

207-25
Imperial County Air Pollution Control District Rule 207

Pollution Control Officer shall notify the CARB Air Resources 

Board and the California Energy Commission of the Air Pollution 

Control District's intent to participate in the NOI otice of Intention

proceeding. If the Air Pollution Control District chooses to 

participate in the NOI otice of Intention proceeding, the APCO Air 

Pollution Control Officer shall prepare and submit a report to the 

CARB California Air Resources Board and the California Energy 

Commission prior to the conclusion of the nonadjudicatory 

hearing specified in Section 25509.5 of the California Public 

Resources Code. That report shall include, at a minimum:

D.49.a.1 D.9.a.1 A specific preliminary specific determination 

definition of BACT Best Available Control Technology

for the proposed facility;

D.49.a.2 A preliminary discussion of whether there is substantial 

likelihood that the requirements of this regulation Rule 

and all other Air Pollution Control District r Rules and 

regulations can be satisfied by the proposed facility;

and

D.49.a.3 A preliminary list of conditions which the proposed 

facility must meet in order to comply with this regulation

Rule or any other applicable Air Pollution Control

District r Rules or regulations.

The preliminary determinations contained in the report shall be as 

specific as possible within the constraints of the information 

contained in the NOI otice of Intention.

D.49.b Upon receipt of an application for certification for a power plant, 

the APCO 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 an a Authority to c Construct had been received 

for the power plant. If the information contained in the application 

for the certification does not meet the requirements of this 

regulation Rule, the APCO 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 re-submittal.

D.49.c The APCO Air Pollution Control Officer shall consider the 

application for certification to be equivalent to an application for 

an a Authority to c Construct during the determination of 

207-26
Imperial County Air Pollution Control District Rule 207

compliance review, and shall apply all provisions of this regulation

Rule which apply to applications for an a Authority to c Construct.

D.49.d The APCO Air Pollution Control Officer may request from the 

applicant any information necessary for the completion of the 

determination of compliance review. If the APCO Air Pollution 

Control Officer is unable to obtain the information, the APCO Air 

Pollution Control Officer may petition the presiding Commissioner 

of the California Energy Commission for an order directing the 

applicant to supply such information.

D.49.e Within 180 days of accepting an application for certification as 

complete, as specified in Section D.4.b, the APCO Air Pollution 

Control Officer shall make a preliminary decision on:

D.49.e.1 whether the proposed power plant meets the 

requirements of this regulation Rule and all other 

applicable Air Pollution Control District regulations; and

D.49.e.2 in the event of compliance, what permit conditions will 

be required including the specific BACT Best Available 

Control Technology requirements and a description of 

required mitigation measures.

D.4.e.3 The preliminary written decision under Subsection 

D.49.e. shall be treated as a preliminary decision under 

Rule 206, Processing of Applications, and shall be 

finalized by the APCO Air Pollution Control Officer only 

after being subject to the public notice and comment 

requirements of Rule 206. The APCO Air Pollution 

Control Officer shall not issue a preliminary 

determination of compliance unless all requirements of 

this regulation Rule are met.

D.49.f Within 240 days of filing date accepting an application for 

certification as complete, as specified in Section D.4.b, the APCO 

Air Pollution Control Officer shall issue and submit to the 

California Energy Commission a preliminary 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 a

Authority to c 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 final determination of compliance.

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Imperial County Air Pollution Control District Rule 207

D.49.g Any applicant receiving a certificate from the California Energy 

Commission pursuant to this section and in demonstrates

compliance with all conditions related to air pollution of the 

certificate shall be issued a Permit to Operate by the APCO Air 

Pollution Control Officer.

E. Calculations

E.1 to E.3 (Reserved)

E.14 Calculation Of Offsets Required: Calendar quarter calculations used for 

determining Offsets required shall be determined as follows:

E.14.a the daily Emission Increase multiplied by the number of permitted 

operating days in each calendar quarter; or

E.14.b the Potential to Emit on a Quarterly basis, provided that in 

addition to d Daily Emissions Limitations, the Authority to 

Construct and Permit to Operate contain Enforceable conditions 

which limit emissions from the Emissions Unit for each calendar 

quarter.

E.25 Calculation Of Actual Emissions Reductions (AER’s) To Be Used As 

Offsets: Actual Emissions Reductions (AER’s) resulting from 

Modifications to existing Emissions Units shall be calculated based on 

emission reductions from the Historic Actual Emissions for that Emissions 

Unit. Only positive values so calculated may qualify as AER’s. Prior to 

use as Offsets, all AER’s must qualify for deposit into the Air Pollution 

Control District's Emissions Reduction Credit Bank, except for AERs used 

to Offset Emission Increases within the same source. AER calculations 

shall be adjusted based on the provisions of E.25.d.

E.25.a AER’s from the Shutdown of an Emissions Unit shall be 

calculated as follows:

AER’s = Historic Actual Emissions

E.25.b When the Modification consists solely of an application of for new 

Control Equipment or implementation of a more efficient process, 

the AER’s shall be calculated as follows:

AER’s = Historic Actual Emissions minus post-Modification 

Potential to Emit multiplied by the Control Efficiency

E.25.c AER’s from other Modifications shall be calculated as follows:

207-28
Imperial County Air Pollution Control District Rule 207

AER’s = Historic Actual Emissions minus the post-m Modification 

Potential to Emit.

E.25.d AER’s Actual emission reductions shall meet the following criteria:

E.25.d.1Shall be Real, Enforceable, Quantifiable, Surplus, and 

Permanent.

E.25.d.2Shall be in excess of any emissions reduction which is 

(1) required or encumbered by any applicable laws, r

Rules, regulations, agreements, orders, or (2) attributed 

to a control measure noticed in the Air Pollution Control

District for workshop, or (3) contained in an adopted 

District Plan, SIP State Implementation Plan or California 

Clean Air Act Attainment Plan applicable to the Air 

Pollution Control District.

E.25.d.3Emission reductions attributed to a proposed control 

measure, may be re-eligible as an AER actual emission 

reduction if (1) for control measures identified in an Air 

Pollution Control District air quality plan or State 

Implementation Plan, no rule has been adopted within 

two years from the scheduled adoption date, unless the 

Air Pollution Control Officer has extended the scheduled 

adoption date, or if (2) for control measures not identified 

in an Air Pollution Control District a Air q Quality p Plan or 

SIP State Implementation Plan, no r Rule has been 

adopted within two years from the date of the latest 

public workshop notice.

E.25.d.4Emission reductions achieved before the base year used 

in an attainment plan demonstration for that pollutant

Clean Air Act Amendments of 1990 must be included in 

the inventory as growth to be eligible for use.

E.36 Calculation of Stationary Source Potential to Emit: The Potential to Emit 

for a Stationary Source shall be equal to the sum of p Potentials to e Emit 

for Permits to Operate (or Authority to Construct for Emissions Units for 

which a Permit to Operate has not been issued) issued prior to September 

7, 1993, for each Emissions Unit within a Stationary Source. In addition, 

increases in the Potential to Emit from new or modified Emissions Units, 

occurring on or after September 7, 1993, shall be added to the sum of 

potentials to emit for existing Emissions Units. In no case shall the 

Potential to Emit for a Stationary Source be adjusted for reductions in the 

Potential to Emit for any Emissions Unit which occur after September 7, 

1993.

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Imperial County Air Pollution Control District Rule 207

F. Air Quality Impact Analysis

F.1 In no case shall emissions from a new or modified Emissions Unit, cause 

or make worse the violation of an AAQS Ambient Air Quality Standard. 

The APCO Air Pollution Control Officer may require an applicant to use an 

air quality model to estimate the effects of a new or modified Emissions 

Unit. For the purpose of performing an air quality impact analysis the 

following shall apply:

F.12.aAir quality models shall be consistent with the requirements 

contained in the most recent edition of EPA's "Guidelines on Air 

Quality Models, 40 CFR 51 Appendix W OAQPS 1.2-080", unless 

the APCO Air Pollution Control Officer finds that such model is 

inappropriate for use. After making such a finding the APCO Air 

Pollution Control Officer may designate an alternate model only 

after allowing for public comment and only with the concurrence of 

the CARB California Air Resources Board and the US EPA

Environmental Protection Agency. All Modeling costs associated 

with the siting of a new or modified Emissions Unit shall be borne 

by the applicant.

F.13.b In performing an air quality impact analysis, if the proposed stack 

height is higher than is dictated by good engineering practices, the 

actual height used for the purposes of Modeling shall be calculated 

in accordance with good engineering practices, as specified in 40 

CFR 51.100(ii).

G Community Bank Allowance

G.1 The Community Bank is established by the Air Pollution Control District 

Board for the purpose of providing Offsets not otherwise or readily 

available to Stationary Source categories specified in Rule 215 

(Community Bank and Priority Reserve) and thus allowing Sources to 

comply with the Offset provisions of Subsection C.2. of this Rule.

G.2 The Community Bank is funded by preserving a portion of all Actual 

Emission Reductions calculated in accordance with Section E of this Rule. 

A registry of community bank Offset credits shall be maintained by the Air 

Pollution Control District and shall be made available for public inspection. 

The Community Bank shall be funded by the following:

G.2.a Ten percent of all onsite Actual Emissions Reductions created after 

September 7, 1993.

G.2.b The excess Offsets required and obtained pursuant to Offset ratios 

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Imperial County Air Pollution Control District Rule 207

for all Offsets required since September 7, 1993. For the purpose 

of this Subsection, excess Offsets are all Actual Emissions 

Reductions in excess of a 1 to 1 ratio, on the basis of a pound of 

reductions per pound of increase in emissions, provided as Offsets.

G.2.c Any unclaimed actual Emission Reduction Credits since September 

7, 1993, which are Real, Enforceable, Quantifiable, Permanent and 

are not already accounted for in an air quality attainment plan.

G.2.d Any emissions reductions specifically identified in the California 

Clean Air Act Plan for funding the Community Bank.

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