Imperial County Air Pollution Control District Rule 207

RULE 207 NEW AND MODIFIED STATIONARY SOURCE REVIEW (Adopted prior to 3/17/80; R evised 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 do es 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 o ne 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 in to 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 Sour ce 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 R ule 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 f actors shall be established by S ource 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 U nited S tates Environmental Protection Agency (U S EPA ) or the California A ir R esources B oard (CARB) and the

P recursors to such pollutants, and those pollutants regulated by the US EPA

under the C lean A ir A ct (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 o r less than 10 micrometers (PM 10 ), Particulate Matter with an aerodynamic diameter equal to or less than 2.5 micrometers (PM 2.5 ), carbon monoxide (CO), lead, fluorides, sulfuric acid mist, hydrogen sulfide, and total reduced sulfur compounds. The term

A ffe cted P ollutant shall not include any or all hazardous a ir pollutants either listed

in S ection 112 of the CAA or added to the list pursuant to S ection 112(b)(2) of the CAA, and which have not been delisted pursuant to S ection 112(b)(3) of the CAA, unless th e listed hazardous air pollutant is also regulated as a constituent

or P recursor of a general pollutant listed under S ection 108 of the CAA.

AGRICULTURAL SOURCE: means a S ource of air pollution or a group of

S ources used in the production of crops, or the raising of fowl or animals located on Contiguous P roperty under common ownership or control that meets any of the following criteria;

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1. is a Confined A nimal F acility, 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, turke ys, 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 I nternal C ombustion E ngine 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 S ource or is a S ou rce 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 D istrict, 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 S tate I mplementation P lan (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

C onstruction, installation, assembly, M odification, or replaceme nt of any facility, article, machine, Equipment, or other contrivance.

BEST AVAILABLE CONTROL TECHNOLOGY (BACT): f or any Emissions Unit the more stringent of:

1. t he most effective emission Control D evice, emission limit, or technique

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

2. a ny other alternative emission C ontrol D evice, 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. u nder 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 conta ined 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

wh ich 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 specifi c Stationary Source. For purposes of this R ule, 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 c ommon c arrier, and by which cargo is delivered to or from

the Sta tionary Source under a contract of c ommon carriage. The emissions from all trains dedicated to a specific Stationary Source, while operating in the District, including directly emitted and F ugitive E missions, shall be considered as

emissions from the Stat ionary Source.

CLASS I AREA : a ny 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 F ederal Clean Air Act (42 United States Code

S ection 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 PROPERT Y: two or more P arcels 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 C ontrol 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 emiss ions, in pounds per day, at or below the emissions associated with the maximum design capacity. A daily emissions limit must be:

1. c ontained in and E nforceable by the latest Authority to Construct or the

latest Permit to Operate for the Emissions Unit, and

2. E nforceable on a daily basis, and

3. e stablished 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 an y air pollutant directly or as Fugitive

E missions.

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 r educes emissions of any air po llutant emitted directly or as

F ugitive E missions.

ERC: see Emission Reduction Credits.

FEDERAL LAND MANAGER : t he 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 H ydrocarbons listed as
exempt under the defin ition 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 t he other period is more representative of normal operation s . 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 Emi s sion Unit. The

Historic Actual E missions 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

Em issions 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 U nit 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 pollut ant for which the Stationary Source is classified as a Major Stationary Source.

MAJOR STATIONARY SOURCE: means a Stationary S ource which emits, or

has the Potential to Emit 100 tons per year (tpy) or more of Volatile Organic Compounds or Oxides of Nitroge n, or 70 tpy or more of PM 10 , or a PM 10 P recursor or 100 tpy or more of PM 2.5 or a PM 2.5 P recursor. In addition, any physical change occurring at a Stationary Source which is not already a Majo r Stationary Source, and which M odification 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 w ould 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. c hange in ownership of an existing Stationary Source with valid Permit(s) to Operate.

2. r outine maintenance or repair.

3. a n I dentical R eplacement U nit, if the M odification 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 Sta tionary 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 R econstructed Stati onary Source shall be treated as a new Stationary Source

and not as a Modification.

NONATTAINMENT AREA: an area designated by a S tate or federal agency as exceeding a S tate or National Ambient Air Quality Standard.

NONATTAINMENT POLLUTANT: any pollutant or P recursor which has been designated "nonattainment" by th e US EPA as codified in 40 CFR S ection 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 (PM 10 ): Particulate Matter with an aerodynamic diameter equal to or less than 10 micrometers. Gaseous em issions which

condense to form P articulate M att er at ambient temperatures shall be included.

PARTICULATE MATTER (PM 2.5 ): Particulate Matter with an aerodynamic diameter equal to or less than 2.5 micrometers. Gaseous emissions which

condense t o form P articulate M atter at ambient temperatures shall be i ncluded.

PERMANENT: the actual emission reductions that continue or endure for the duration of any P roject utilizing the resulting ERC’s as O ffsets.

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, S t ate or local government agency, public district, or any officer or employee thereof.

PM 2.5 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 al ong 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.

POTENTI AL EMISSIONS: the sum of the maximum emissions from all

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

unless otherwise limi ted by practically and legally E nforceable conditions contained in the Authority to Construct and/or Permit to Operate, expressed in terms of pounds per quarter. (Pounds per quarter for PM 10 , PM 2.5 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 E MIT: 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 Emission s Unit to emit a poll utant, including air pollution C ontrol E q uipment 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

E nforceable 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

s econdary pollutant for which a S tate or National AAQS has been adopted, or whose presence in the Atmosphere will contribute t o the violation of one or more

S tate or National AAQS. The following P recursor

- secondary pollutant relationships shall be used for the purposes of this R ule:

PRECURSORS SECONDARY POLLUTANTS

Hydrocarbons and substituted a) Photochemical Oxidant (Ozone) hydrocarbons (Volatile Organic b) The organic fraction of PM 10 Compound s ). c) Organic fraction of PM 2.5 , if

V olatile Organic C ompounds are determined to be a nec essary part

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of the PM 2.5 control strategy in the

attainment demonstration approved by the US EPA in the

SIP

Nitrogen Oxides (NOx) a) Nitrogen Dioxide (NO 2 ) b) The nitrate fraction of PM 10 c) Photochemical Oxidant (Ozone) d) The nitrate fraction of PM 2.5

Sulfur Oxides (SOx) a) Sulfur Dioxide (SO 2 ) b) Sulfates (SO 4 ) c) The sulfate fraction of PM 10 d) The sulfate fraction of PM 2.5

Ammonia a) Organic fraction of Nitrate, if

ammonia is determined to be a necessary part of the PM 2.5 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 Potentia l to

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

with the sc ope 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, C ARB and District polici es 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. t he 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. e mission limits identified in existing Suggested Control Meas ures (SCM ’s ), model rules, the US EPA’s Control Techniques Guidelines (CTG ’ s) or

other such documents.

3. e mission limits in new (post 1988) S C M ’ s and the technical review group of the California Air Pollution Control Officers Association approved Reasonably Availability Control Technology/Best Available Retrofit Co ntrol Technology (RACT/BARCT) determinations, which are not identified as BACT and are less stringent than BACT.

4. t he lowest emission limit that can be achieved by the specific Source by the application of control technology taking into account environment al impacts, technological feasibility, cost

- effectiveness, and the specific design features or extent of necessar y 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 U S EPA

and the C ARB

.

5. t he 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 r esulting from the application of retrofit control technologies judged by the APCO to

be demonstrated and reliable.

6. a ny combination of control technologies that will achieve emission reductions equivalent to that resulting from the most stringent option li sted

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 capi tal 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 Emission s Unit and includes the amount of ti me 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. PM 2.5 : 10 tpy of direct PM 2.5 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. PM 10 : 15 tpy.

SIGNIFICANT EMISSION INCREASE: an increase in emissions that is Significant for that pollut ant.

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 whic h 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 Em ission Units, which:

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

2. a re under the same or common ownership or operation, or which are owned or operated by entities which are under common control, and

3. b elong 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 materia l.

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 relate d 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 o r consent decree, and not relied upon to meet any requirement related to the California SIP. However, emi ssion reductions required by a S tate statute that provides that the subject emission reductions

shall be considered S urplus may be considered S urplus for purposes of th is 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. t he federally

- approved California SIP;

2. o ther 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 publicly

available 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. a ny 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 L owest Achievable Emission Rates (LAER); and

4. a ny 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

demonstra tions (including Reasonable Further Progress demonstrations and milestone demonstrations), including any proposed control measure identified as potentially contributing to an E nforceable near

- term emissions reduction commitment; assumptions used in conform ity demonstrations, and assumptions used in emissions inventories.

5. e mission 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

le ast 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);

ch l o l rodifluoromethane (HCFC

- 22);
2,2

- dich loro

- 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

- 1 34);
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 flu orinated 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 an d with the sulfur bonds only to carbon and fluorine; and

2. t he following low

- Reactive O rganic C ompounds 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) pre sent, and demonstrates the availability of a test method approved by the US EPA, the C ARB, 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. S tandards

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 PM 2.5 this provision applies only to Emission s Units located in the PM 2.5 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 PM 2.5 this provision applies only to Emission s Units located in the PM 2.5 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

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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 determi nation for e E quipment 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 r esult 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 S tate, or federal air pollution control laws, regulations, or orders, as approved by the APCO Air Poll ution Control Officer

, and provided

there is no increase in the permitted production rate, operating schedule, or maximum e E quipment rating ; and the new or modified

Emission s 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 S tate, 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 a re 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 reduction s in emission s for the sole purpose of generating ERC’s emission reduction credits . This exemption applies only to the pollutant for which ERC’s emission

reduction cre dits are obtained.

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C.1.h For emergency standby e E quipment which meet s the requirements of Section C.2. g f

, 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 o nly those emissions which occur during routine operation for of the e E quipment for maintenance purposes shall be considered for the purpose of determining if the application of BACT Best Available Control tec hnology is required

for this the e mergency standby e E quipment.

C.2 Offset Requirements

, General: Offsets are a A ctual e E mission r
R eductions (AER’s) , calculated pursuant to Part Section E of this regulation Rule , sufficient to Offset e E mission i I ncreases 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

e missions to be o ffset 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 S ource is operating.

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

with a daily Potential to Emit, calculated pursuant to Subsection

E. 3 6. , equal to or exceeding the following:

POLLUTANT LBS/DAY

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

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

........... 137

Sulfur Oxides ...............................................

........... 137

PM 10

.......................................................... ............. 137 Carbon Monoxide (See Section C.2. h g .)........

.. .......... 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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C.2. b c 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 O rganic c C ompounds, carbon monoxide, sulfur oxides, or PM 10 , shall Offset

all e E mission i I ncreases, including c C argo c C arrier and f F ugitive

e E missions, which cause the Stationary Source Potential to Emit to exceed 137 pounds per day of nonattainment pollutants, including nitrogen oxides, reactive Volatile o O rganic c C ompounds, carbon monoxide, sulfur oxides, or PM 10

. For the purpose of

submittal of Rule 207 to the US EPA for inclusion in the California SIP, Subsection C.2.b shall not b e 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 P roject 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 Stationar y Source. For PM 2.5 , this provision applies only to Stationary Sources located in the PM 2.5 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 PM 2.5 , this provision applies only to Stationary

Sources located in the PM 2.5 Nonattainment Area o f Imperial County.

C.2. e d The PM 10 emissions from an existing Stationary Source shall be

re calculated from the total suspended particulate using applicable

PM 10 emission factors. When applicable PM10 emissions factors do not exist, assume 50% of the total suspended particulates is

PM10.

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

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Reactive Volatile Organic Compounds.

C.2. g f 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 an y utility voluntary demand reduction program, provided:

C.2. g f .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 Sect ion 93115.6(a), and

C.2. g f .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. h g Offsets 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 regula tion

, that carbon monoxide Ambient Air Quality Standards are not violated in the areas to be affected, and the carbon monoxide e
E mission i I ncreases will not cause or contribute to a violation of
AAQS Ambient Air Quality Standards

.

C.2. i h Upon approval by the APCO Air Pollution Control Officer , an exemption from s S ections 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. i h .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. i h .2 Air Pollution Control Devices: Emission Increases , which do not result in a new Major Stationary Source or Major Modification, from an e E missions u U nit that results from

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- 18Imperial County Air Pollution Control District Rule 207

the installation, operation or other implementation of any

emission c C ontrol d D evice or technique used to comply with a District, State, or F f ederal emission control

r equirement, 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 M odification that results in an increase in the capacity of the unit being controlled.

C.2. i h .3 Emergencies: Emergencies which comply with the provisions of the Hearing Board Procedures for which o O ffsets 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 conjun ction 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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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 N o 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. c b Offsets shall be obtained from emission s S ources located within

the same n N onattainment a A rea within the District as the proposed s S ource or an emission unless (1) the offset s S ource that is located in the same air basin and in a n N onattainment a
A rea 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

Sect ions C.2

. and C.3

. in from a n air D d istrict 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 a ir P p ollution C

c ontrol D d istrict in which the proposed Offsets are obtained and certifies that such Offsets meet the requirements of H&SC S ection

40709.6 and these regulations this Rule and will not be used as mitigation for any other new or modified Emission s Unit ( s )

. Intra

District 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 PM 10 and PM 10 p P recursors, 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

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- 20Imperial 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 no t cause or

contribute to a violation of an AAQS ambient air quality standard

. In such cases, t T he 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 . PM 10 emission s reductions shall not be allowed to Offset nitrogen oxide or reactive Volatile o O rganic c C ompound s Emission Increases in ozone Nonattainmen t Areas.

PM 10 emission s reductions shall not be allowed to Offset sulfur

oxide Emission Increases in sulfate Nonattainment Areas. Interpollutant Offsets between PM 2.5 and PM 2.5 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 perio d 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 curtailme nts 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 sp ecified 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 Standard s:

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- 21Imperial 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. 3 2 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. 2 1 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 Own ed, 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 w ith 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

O perator of the responsibility to comply fully with any applicable provision of the District portion of the California SIP and any other requirements under Dist rict, S tate or f ederal law.

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D. Administrative Requirements

The following administrative requirements, in addition to other requirements specified in these all applicable District r R ules 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. 4 9

.

D .1 (Reserved)

D.2 (Reserved)

D.3 (Reserved)

D.4 ( Reserved)

D.5 (Reserved)

D. 1 6 Authority To C onstruct

- General Conditions:

D. 1 6 .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
R ules and regulations and the provisions of Division 26 of the Health and Safety Code

.

D. 1 6 .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. 1 6 .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 regul ation Rule and all applicable Air Pollution Control District r
R ules and regulations.

D. 1 6 .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. 1 6 .e A n Authority to Construct permit shall include d D aily e E mission l

L imits which reflect applicable emission standards.

D. 1 6 .f The APCO shall consult with the Federal Land Manager on a

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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. 1 6 .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 in to the California SIP, Subsection D.1.g shall not be included.

D. 2 7 Permit to Operate

- General Conditions:

D. 2 7 .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 R ules and regulations and as conditioned in the Authority to Construct.

D. 2 7 .b A Permit to Operate shall include d D aily e E mission l L imits which reflect applicable emission limitations standards

.

D. 2 7 .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. 3 8 Offset Conditions:

D. 3 8 .a For any Stationary Source which provides emission s Offsets, the

Source ’s Permit to Operate shall be subject t o Enforceable permit

conditions containing specific operational and Daily e E missions l

L imit ation s, which ensure that the emission s reductions will be are provided in accordance with the provision s of this regulation Rule and shall continue for the reasonably expected life of the proposed Source which require d s Offsets.

D.3.b Where the s S ource 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 S ource, which contract, by its terms, shall be subject to the approval of, an d Enforceable by the APCO Air Pollution Control

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- 24Imperial 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 emission s 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. 3 8 .c .b Offsets 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 no t later than the date of initial operati on 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 maximu m of 90 days as

a start

- up period for simultaneous operation of the existing Emissions Unit and the replacement Emissions Unit.

D. 3 8 .d .c For 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
P roject, the Emission s Unit ( s ) to be added at each phase, and the permitted emissions associated with those Emission s Units. The initial Authority to C onstruct for the p P roject shall identify

sufficient o O ffsets for all p P roject phases in order to confirm p
P roject feasibility. The o O ffsets 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 E quipment installed in that phase, (3) shall meet the r R ules and regulations in effect at

the time of in itiation of construction for that phase, and (4) shall be reevaluated for consistency with local, s S tate 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

fo r each phase of the p P roject shall be issued separately, after the District finds that the above requirements, in addition to any other applicable requirements of these r R ules and regulations,

have been met.

D. 4 9 Power Plants: Thi s section shall apply to all power plants proposed to be

constructed with in Imperial County the Air Pollution Control District and for

which a Notice of Intent ion (NOI) or Application for Certification (AFC) has been accepted by the California Energy Commi ssion.

D. 4 9 .a Within 14 days of receipt of a N OI otice of Intention , the APCO Air

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- 25Imperial 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

Contro l District's intent to participate in the N OI otice of Intention proceeding. If the Air Pollution Control District chooses to participate in the N OI 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. 4 9 .a.1 D.9.a.1 A specific preliminary specific determination

definition of BACT Best Available Control Technology for the proposed facility;

D. 4 9 .a.2 A preliminary discussion of whether there is substantial likelihood that the requirements of this regulation Ru le

and all other Air Pollution Control District r R ules and regulations can be satisfied by the proposed facility;

and

D. 4 9 .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 R ules or regulations.

The preliminary determinations contained in the report shall be as specific as possible within the constraints of the information

contained in the N OI otice of Intention

.

D. 4 9 .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 a n a A uthority to c C onstruct had been received for the power plant. If the information con tained 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 C ommission, and the application for certification shall be considered incomplete and returned to the applicant for re

- submittal.

D. 4 9 .c The APCO Air Pollution Control Officer shall consider the application for certification to be equivalent to an applicati on for

a n a A uthority to c C onstruct during the determination of

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compliance review, and shall apply all provisions of this regulation

Rule which apply to applications for an a A uthority to c C onstruct

.

D. 4 9 .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. 4 9 .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. 4 9 .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. 4 9 .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 o f required mitigation measures.

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

D. 4 9 .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 P ollution

Control Officer shall not issue a preliminary determination of compliance unless all requirements of

this regulation Rule are met.

D. 4 9 .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 de termination of compliance shall confer the same rights and privileges as an a
A uthority to c C onstruct only when and if the California Energy Commission approves the application for certification, and the California Energy Commission certificate includes a ll conditions of

the final determination of compliance.

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D. 4 9

. g Any applicant receiving a certifi cate 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. 1 4 Calculation Of Offsets Required: Calendar quarter calculations used for determining Offsets required shall be determined as follows:

E. 1 4.a the daily Emission Increase multiplied by the number of permitted operating days in each calendar quarter; or

E. 1 4.b the Potential to Emit on a Quarterly basis, provided that in

addition to d D aily Emissions Limit ation s, the Authority to Construct and Permit to Operate contain Enforceable conditions

which limit emissions from the Emissions Unit for each calendar
quarter.

E. 2 5 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 A ER ’ s must qualify for deposit into the Air Pollution

Control District's E missions 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. 2 5 .d.

E. 2 5 .a AER ’ s from the Shutdown of an Emissions Unit shall be

calculated as follows:

AER ’ s = Historic Actual Emissions

E. 2 5 .b When the Modification consists solely of an application of for new Control Equipment or implementation of a more efficient process,

th e AER ’ s shall be calculated as follows:

AER ’ s = Historic Actual Emissions minus post

- Modification

Potential to Emit multiplied by the Control Efficiency

E. 2 5 .c AER ’ s from other Modifications shall be calculated as follows:

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AER ’ s = Historic Actual Emissions minus the post

- m M odification

Potential to Emit.

E. 2 5 .d AER’s Actual emission reductions shall meet the following criteria:

E. 2 5 .d.1 Shall be Real, Enforceable, Quantifiable, Surplus, and

Permanent.

E. 2 5 .d.2 Shall be in excess of any emissions reduction which is (1) required or encumbered by any applicable laws, r
R ules, regulations, agreements, orders, or (2) attributed

to a control measure noticed in the Air Pollution Control District for workshop, or (3) co ntained in an adopted District Plan, SIP State Implementation Plan or California Clean Air Act Attainment Plan applicable to the Air

Pollution Control District.

E. 2 5 .d.3 Emission 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 Pollutio n Control Officer has extended the scheduled adoption date, or if (2) for control measures not identified

in a n Air Pollution Control District a A ir q Q uality p P lan or

SIP State Implementation Plan , no r R ule has been adopted within two years from the dat e of the latest public workshop notice.

E. 2 5 .d.4 Emission 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. 3 6 Calculation of Stationary Source Potential to Emit: The Potential to Emit for a Stationary Source shall be equal to the sum of p P otentials to e E mit 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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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

. Th e 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. 1 2 .a Air qual ity 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. 1 3 .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 provisi ons 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 A ir 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 r equired and obtained pursuant to Offset ratios

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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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