# Mojave Desert Air Quality Management District

Final 

# Staff Report

Rescission of

Rule 203.1 – Special Permit Provisions

Rule 203.2 – Eligibility of Compensatory Emission

Reductions

Rule 213 – Standards for Permits to Construct: Air Quality Impact

Rule 213.1 – Standards for Permits to Operate: Air Quality Impact

Rule 213.2 – Definitions for RULES 213, 213.1, and

213.3
Rule 213.3 – Additional Standards for Permits to Construct And Operate



# Adopted on April 28, 2008

14306 P ARK 

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### , V ICTORVILLE



### , CA 92392-2310

P HONE 

### : (760) 245-1661

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### : (760) 245-2699This page intentionally left blank.MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 TC-1 Final Staff Report, 06/30/08 

### FINAL STAFF REPORT
TABLE OF CONTENTS Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3

I. PURPOSE OF STAFF REPORT ............................................................................................ 1

II. EXECUTIVE SUMMARY..................................................................................................... 1

III. STAFF RECOMMENDATION ............................................................................................. 1 IV. LEGAL REQUIREMENTS CHECKLIST ............................................................................ 2

V. DISCUSSION OF LEGAL REQUIREMENTS..................................................................... 3 A. REQUIRED ELEMENTS/FINDINGS............................................................................... 3 1. State Findings Required for A doption of Rules & Regulations ..................................... 3 a. Necessity................................................................................................................... .. 3 b. Authority................................................................................................................... .. 3 c. Clarity ..................................................................................................................... .... 3 d. Consistency................................................................................................................. 3 e. Non-duplication .......................................................................................................... 3

f. Reference ................................................................................................................... . 4 g. Public Notice & Comment, Public Hearing................................................................ 4 2. Federal Elements (SIP Submittals, Other Federal Submittals)....................................... 4 a. Satisfaction of Underlyi ng Federal Requirements...................................................... 4

b. Public Notice and Comment ....................................................................................... 4 c. Availability of Document ........................................................................................... 5 d. Notice to Specified Entities ........................................................................................ 5 e. Public Hearing ............................................................................................................ 5 f. Legal Authority to Adopt and Implement................................................................... 5 g. Applicable State Laws and Regulations Were Followed............................................ 5

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS ............................................ 5

C. ECONOMIC ANALYSIS .................................................................................................. 6
1. General..................................................................................................................... ....... 6
2. Incremental Cost Effectiveness....................................................................................... 6 D. ENVIRONMENTAL ANALYSIS (CEQA)....................................................................... 6

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS..................................................... 6 1. Potential Environmental Impacts.................................................................................... 6 2. Mitigation of Impacts...................................................................................................... 7 3. Alternative Methods of Compliance............................................................................... 7

F. PUBLIC REVIEW.............................................................................................................. 7

VI. TECHNICAL DISCUSSION ................................................................................................ 7

A. SOURCE DESCRIPTION.................................................................................................. 7

B. EMISSIONS ................................................................................................................... .... 7 C. CONTROL REQUIREMENTS.......................................................................................... 7

D. PROPOSED RULE SUMMARY....................................................................................... 8

E. SIP HISTORY ................................................................................................................. ... 8 1. SIP History................................................................................................................ ..... 8 a. SIP in the San Bernardino County Portion of MDAQMD ......................................... 8 b. SIP in the Riverside County Portion of the MDAQMD............................................. 8TC-2 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 2. SIP Analysis................................................................................................................ .... 9 Appendix A - Iterated Version.................................................................................................. .. A-1 Appendix B - Public Notice Documents..................................................................................... B-1 Appendix C - Public Comments and Responses......................................................................... C-1 Appendix D - California Environmenta l Quality Act Documentation ....................................... D-1 Appendix E - Bibliography...................................................................................................... ....E-1MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 1 Final Staff Report, 06/30/08 

### FINAL STAFF REPORT Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3

I. PURPOSE OF STAFF REPORT

A staff report serves several disc rete purposes. Its primary purpos e is to provide a summary and background material to the members of the Govern ing Board. This allows the members of the Governing Board to be fully informed before ma king any required decision. It also provides the documentation necessary for the Governing Boar d to make any findings, which are required by law to be made prior to the approval or adopt ion of a document. In addition, a staff report ensures that the correct pro cedures and proper documentation for approval or adoption of a document have been performed. Finally, the sta ff report provides evidence for defense against legal challenges regarding th e propriety of the approval or adoption of the document.

II. EXECUTIVE SUMMARY

The Mojave Desert Air Quality Management District (MDAQMD) has the authority pursuant to California Health and Safety Code (H & S C ode) §40702 to adopt, amend or repeal rules and regulations. Regulation II – Pe rmits, specifically: Rule 203.1 – Special Permit Provisions ; Rule

203.2 – Eligibility of Compensatory Emission Reductions ; Rule 213 – Standards for Permits to Construct: Air Quality Impact ; Rule 213.1 – Standards for Permits to Operate: Air Quality Impact ; Rule 213.2 – Definitions for RULES 213, 213.1, and 213.3 ; and Rule 213.3 – Additional Standards for Permits to Construct and Operate are proposed for rescission because these rules were superceded by the terms of Regulation XIII as adopted 7/21/ 80 and its subsequent incorporation into the State Implementation Plan (47 FR 25013, 40 CFR 52.220(c)(87)(iv)). Despite their inapplicability these rules were never offici ally rescinded from the MDAQMD rulebook. This is a procedural action to rem ove superceded rules from the MDAQMD rulebook. This action will clarify th e rulebook and avoid confusion with Regulation XIII – New Source

Review . Please note, Regulation XIII was most recently amended and SIP approved in 1996. The current version of Regulation XIII in the SIP is 03/25/96 (61 FR 58133; 40 CFR 52.220(c)(239)(i)(A)(1)).

III. STAFF RECOMMENDATION

Staff recommends that the Governing Board of the Mojave Desert Air Quality Management District (District) rescind Rule s 203.1, 203.2, 213, 213.1, 213.2, and 213.3 and approve the appropriate CEQA documentation. This action is n ecessary to remove superceded rules from the MDAQMD rulebook.

The Governing Board of the Mojave Desert Air Quality Management District rescinded Rule

203.1 – Special Permit Provisions ; Rule 203.2 – Eligibility of Compensatory Emission

Reductions ; Rule 213 – Standards for Permits to Cons truct: Air Quality Impact ; Rule 213.1 – Standards for Permits to Op erate: Air Quality Impact ; Rule 213.2 – Definitions for RULES 213, 213.1, and 213.3 ; and Rule 213.3 – Additional Standards for Permits to Construct and Operate on April 28, 2008.2 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 IV. LEGAL REQUIREMENTS CHECKLIST

The findings and analysis as indicated below are required for the procedur ally correct rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3. Each item is discussed, if applicable, in Section V. Copies of related documents ar e included in the appropriate appendices.

FINDINGS REQUIRED FOR
RULES & REGULATIONS:

X Necessity

X Authority

X Clarity

X Consistency

X Non-duplication

X Reference

X Public Notice & Comment

X Public Hearing

REQUIREMENTS FOR STATE
IMPLEMENTATION PLAN SUBMISSION (SIP):

X Public Notice & Comment

X Availability of Document

X Notice to Specified Entities (State, Air Districts, USEPA, Other States)

X Public Hearing

X Legal Authority to adopt and implement the

document.

X Applicable State laws and regulations were

followed. ELEMENTS OF A FEDERAL
SUBMISSION:

X Elements as set forth in applicable Federal law or regulations.

CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS (CEQA):

N/A Ministerial Action

X Exemption

N/A Negative Declaration

N/A Environmental Impact Report

X Appropriate findings, if necessary.

X Public Notice & Comment

SUPPLEMENTAL ENVIRONMENTAL ANALYSIS (RULES & REGULATIONS ONLY):

X Environmental impacts of compliance.

N/A Mitigation of impacts.

N/A Alternative methods of compliance.

OTHER:

N/A Written analysis of existing air pollution control requirements

N/A Economic Analysis

X Public ReviewMDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 3 Final Staff Report, 06/30/08 V. DISCUSSION OF LEGAL REQUIREMENTS

A. REQUIRED ELEMENTS/FINDINGS

This section discusses the Stat e of California statutory requ irements that apply to the rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3. These are actions that need to be performed and/or information that must be provided in order to rescind the rules in a procedurally correct manner.

1. State Findings Required for A doption of Rules & Regulations:

Before adopting, amending, or repealing a rule or regula tion, the District Governing Board is required to make findings of necessity, authority, clarity, consistency, non-duplication, and refere nce based upon relevant information presented at the hearing. The information below is provided to assist the Board in making these findings.

a. Necessity:

The rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 is necessary to remove superceded rules from the MDAQMD

rulebook.

b. Authority:

The District has the authority purs uant to California Health and Safety Code (H & S Code) §40702 to adopt, amend or repeal rules and regulations.

c. Clarity:

The rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 is clear in that they are written so that the persons subject to the rule can easily understand the meaning.

d. Consistency:

The rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 is in harmony with, and not in conf lict with or contradictory to any state law or regulation, federal law or regulation, or court

decisions.

e. Non-duplication:

The rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 does not impose the same requireme nts as any existing state or4 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 federal law or regulation because the rescission removes superceded rules from the MDAQMD rulebook.

f. Reference:

The District has the authority pur suant to H & S Co de §40702 to adopt, amend or repeal rules and regulations.

g. Public Notice & Comment, Public Hearing:

Notice for the public hearing fo r the proposed rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 was published 03/28/08. See Appendix “B” for a copy of th e public notice. See Appendix “C” for copies of comments, if any, and District responses.

2. Federal Elements (SIP Submittals, Other Federal Submittals).

Submittals to USEPA are required to include various elements depending upon the type of document submitted and the underlying federal law that requires the submittal. The information below indicates which elements were required for the rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 and how they were

satisfied.

a. Satisfaction of Underlyi ng Federal Requirements:

Submittals to the United States Environmental Protection Agency (USEPA) are required to include various elements depending upon the type of document submitted and the underlying federal law that requires the submittal.

Submission to USEPA is not requir ed for the rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 because these rules were superceded by Regulation X III and are therefore not in the SIP. However, the MDAQMD plans to officially notify USEPA of

this rescission and to follow SIP submission related procedures to avoid confusion regarding the SIP status of these rules in the

future.

b. Public Notice and Comment:

Notice for the public hearing for the proposed rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 was published 03/28/08. See Appendix “B” for a copy of th e public notice. See Appendix “C” for copies of comments, if any, and District responses.MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 5 Final Staff Report, 06/30/08 c. Availability of Document:

Copies of the proposed rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 and the accompanying draft staff report were made available to the public on 03/19/08.

d. Notice to Specified Entities:

Copies of the proposed rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 and the accompanying draft staff report will be sent to all affected agen cies. The proposed rescission was
sent to CARB and USEPA on 03/19/08.

e. Public Hearing:

A public hearing to consider th e proposed rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 was conducted on

04/28/08.

f. Legal Authority to Adopt and Implement:

The District has the authority pursuant to H&S Code §40702 to adopt, amend, or repeal rules and re gulations and to do such acts as may be necessary or proper to execute the duties imposed upon the

District.

g. Applicable State Laws and Regulations Were Followed:

Public notice and hearing pro cedures pursuant to H&S Code §§40725-40728 have been followed. See Section (V )(A)(1) above for compliance with state findings required pursuant to H&S Code §40727. See Section (V)(B) belo w for compliance with the required analysis of existing requ irements pursuant to H&S Code §40727.2. See Section (V)(C) for compliance with economic analysis requirements pursuant to H&S Code §40920.6. See Section (V)(D) below for complia nce with provisions of the California Environmental Quality Act (CEQA).

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS

H & S Code §40727.2 requires air districts to pr epare a written analysis of all existing federal air pollution control requirements that apply to the same equipment or source type as the rule proposed for modificatio n by the district. Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 were rescinded because these ru les were superceded by the terms of Regulation XIII as adopted 7/21/80 and its subsequent incorporation into the State Implementation Plan (47 FR 25013, 40 CFR 52. 220(c)(87)(iv)). Regulation XIII was most recently amended and SIP approved in 1996. The current version of Regulation XIII in the SIP is 03/25/96 (61 FR 58133; 40 CFR 52.220(c)(239)(i)(A)(1)). Despite6 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 their inapplicability these rules were never officially rescinded from the MDAQMD rulebook. This is a procedural action to remove superceded rules from the MDAQMD rulebook. This action will clarify the rulebook and avoid confusion with Regulation XIII

– New Source Review . Therefore the preparation of a written analysis of existing pollution control requirements th at apply to the same equipment or source type is not required.

C. ECONOMIC ANALYSIS

1. General

No economic impacts are anticipated from the rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3. This is a procedural action to remove superceded rules from the MDAQMD rulebook

2. Incremental Cost Effectiveness

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are required for rules and regulations which are adopted or amended to meet the California Clean Air Act requirements for Best Available Retrofit Control Technology (BARCT) or “all f easible measures” to c ontrol volatile compounds, oxides of nitrogen or oxides of sulf ur. The rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 were not subject to incremental cost effectiveness

calculations because these rules did not impose BARCT or “all feasible

measures”.

D. ENVIRONMENTAL ANALYSIS (CEQA)

Through the process described below the appr opriate CEQA process for the rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 was determined.

1. The rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 meets the CEQA definition of “project”. They are not “ministerial” actions.

2. The rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 causes no change in emissions. This action simp ly rescinds a set of rules that were superceded by the terms of Regulation XIII. Despite their inapplicability these rules were never officially rescinde d from the MDAQMD rulebook. This is a procedural action to remove superced ed rules from the MDAQMD rulebook. Copies of the documents relating to CEQA can be found in Appendix “D”.

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS

1. Potential Environmental Impacts

There are no potential environmental imp acts of compliance with the rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3. These rules are pre-1990

Amendments to the Federal Clean Air Act New Source Review Rules that wereMDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 7 Final Staff Report, 06/30/08 superceded by the terms of Regulation XIII as adopted 7/21/80 and its subsequent incorporation into th e State Implementation Plan (47 FR 25013, 40 CFR 52.220(c)(87)(iv)). Despite th eir inapplicability these rules were never officially rescinded from the MDAQMD rulebook. This is a procedural action to remove superceded rules from the MDAQMD ru lebook. This action will clarify the rulebook and avoid confusion with Regulation XIII – New Source Review . Please note, Regulation XIII was most recently amended and SIP approved in 1996. The current version of Regulation XIII in the SIP is 03/25/96 (61 FR 58133; 40 CFR 52.220(c)(239)(i)(A)(1)).

2. Mitigation of Impacts

N/A

3. Alternative Methods of Compliance

N/A

F. PUBLIC REVIEW

See Staff Report Section (V)(A)(1)(g) a nd (2)(b), as well as Appendix “B”

VI. TECHNICAL DISCUSSION

A. SOURCE DESCRIPTION

Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 were pre-1990 Amendments to the

Federal Clean Air Act New Source Review Rule s that were superceded by the terms of Regulation XIII – New Source Review , as adopted 7/21/80 and its subsequent incorporation into th e State Implementation Plan (47 FR 25013, 40 CFR 52.220(c)(87)(iv)). Regulation XIII was most recently amended and SIP approved in 1996. The current version of Regulation XIII in the SIP is 03/25/96 (61 FR 58133; 40 CFR 52.220(c)(239)(i)(A)(1)).

B. EMISSIONS

The rescission will yield no change in emissi ons because all of the provisions of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 are currently enforced by the terms of Regulation XIII – New Source Review , as adopted 7/21/80 and its subsequent incorporation into th e State Implementation Plan (47 FR 25013, 40 CFR 52.220(c)(87)(iv)). Regulation XIII was most recently amended and SIP approved in 1996. The current version of Regulation XIII in the SIP is 03/25/96 (61 FR 58133; 40 CFR 52.220(c)(239)(i)(A)(1)).

C. CONTROL REQUIREMENTS

The rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 does not change control requirements. The rescission removes rules that were superceded by the terms of8 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 Regulation XIII – New Source Review , as adopted 7/21/80. Regulation XIII was most recently amended and SIP approved in 1996. Th e current version of Regulation XIII in the SIP is 03/25/96 (61 FR 58133; 40 CFR 52.220(c)(239)(i)(A)(1)).

D. PROPOSED RULE SUMMARY

This section gives a brief overview of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3. Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 were pre-1990 Amendments to the

Federal Clean Air Act New Source Review Rule s that were superceded by the terms of Regulation XIII as adopted 7/21/80.

E. SIP HISTORY

1. SIP History.

a. SIP in the San Bernardino County Portion of MDAQMD

Submission to USEPA is not requir ed for the rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3. These rules were superseded by the terms of Rule 1301(c) approved at 40 CFR 52.220(c)(87)(iv) - 06/09/82 47 FR 25013.

b. SIP in the Riverside County (Blythe/Palo Verde Valley) Portion of the MDAQMD

One of the provisions of the le gislations which created the MDAQMD allowed areas contiguous to the MDAQMD

boundaries and within the same air basin to leave their current air district and become a part of the MDAQMD. On 07/01/94 the area commonly known as the Palo Verde Valley in Riverside County, including the City of Blythe, left South Coast Air Quality Management District (SCAQMD) and joined the MDAQMD. Since USEPA adopts SIP revision s in California as effective within the jurisdictional boundaries of local air districts, when the local boundaries change the SIP as approved by USEPA for that area up to the date of the change remains as the SIP in that particular area. Upon annexation of the Blythe/Palo Verde Valley the MDAQMD acquired the SIP prior to 07/01/94 that was effective in the Blythe/Palo Verde Valley. Therefore, the SIP history for the Blythe/Palo Verd e Valley Portion of the MDAQMD is based upon the rules adopted a nd approved for that portion of Riverside County by SCAQMD.

Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 were rescinded by the SCAQMD Board on 06/28/90 in accordance with their adoption of SCAQMD Regulation X III. The rescission of these SCAQMD rules and the submission for removal from the SIP occurred prior to the annexation of the Blythe/Palo Verde Valley.MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 9 Final Staff Report, 06/30/08 The USEPA took action and removed Rules 213, 213.1, and 213.2
from the SIP on 05/13/99 at 64 FR 25828. USEPA stated in at this time that Rules 203.1 and 203.2 were not part of the SIP and took no action. It does not appear th at any action was taken on Rule 213.3. The actions by USEPA occurre d after the annexation of the Blythe/Palo Verde Valley into the MDAQMD.

2. SIP Analysis.

Submission to USEPA is not required for the rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 because these rules were superceded by Regulation XIII. However, the MDAQMD plans to officially notify USEPA of this

rescission and to follow SIP submission re lated procedures to avoid confusion regarding the SIP status of th ese rules in the future.

The District will request that CARB submit the rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 to the SIP versions in effect in the Blythe/Palo Verde Valley portion of Riverside County. This s ubmission is necessary to ensure that these rules were properly removed from the SIP in effect in the Blythe/Palo Verde Valley portion of Riverside County.10 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 This page intentionally left blank.MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 A-1 Final Staff Report, 06/30/08 

### Appendix “A” Rules 203.1, 203.2, 213, 213.1, 213. 2, and 213.3 Iterated Version

The iterated version is provided so that the changes to an existi ng rule may be easily found. The manner of differentiating text is as follows:

1. Underlined text identifies new or revised language.

2. Lined out text identifies language wh ich is being deleted.

3. Normal text identifies the current language of the rule which will remain unchanged by the adoption of the proposed amendments.

4. [Bracketed italicized text] is explanatory material that is not part of the proposed language. It is removed once the proposed amendments are adopted.A-2 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 This page intentionally left blank.( Adopted: 01/07/77; CARB Ex. Ord. G-73: 02/01/77; Readopted: 07/25/77; Superceded by Regulation XIII as adopted: 07/21/80; Rescinded: mm/dd/yy)

MDAQMD Rule 203.1 203.1-1 Special Permit Provisions, d1 03/13/08 

## RUL E 203.1 Special Permit Provisions

Any person operating basic equipment under permit pursuant to Rule 203 and who plans to make modifications to that equipment or related cont rol equipment, or to install additional control equipment, for the purpose of effecting emission reductions under the provisio ns of Rule 213 (e) (2) or Rule 213 (e) (3), shall s ubmit applications for new permits to construct or operate both the basic and control equipment involve d in such reductions, regardless of whether modifications or

additions are to be made either to the ba sic or control equip ment, or both.

Existing permits to operate pertaining to the basi c and control equipment as specified above shall

be surrendered and canceled at the time such ne w permits to construct or operate are issued. Such new permits shall not be effective unless surrender of such existing permits has been made. If such new permits are denied, such existing pe rmits surrendered pursuant to this section shall

be reissued and restored.

The Air Pollution Control Officer shall impose those written c onditions on such new permits specifying emission limits or other conditions which the Air Pollution Control Officer deems necessary to insure that the re ductions considered for the purpose of Rule 213 (e) (2) or Rule 213 (e) (3) are made.

[SIP: Not SIP; Superceded by approval of Reg. XIII as adopted 8/21/80, 6/9/82 47 FR 25013, 40 CFR 52.220(c)(87)(iv); approved 11/9/78, 43 FR 52237, 40 CFR 52.220(c)(39(ii)(B) and 40 CFR 52.220(c)(31)(vi)(C)]203.1-2 MDAQMD Rule 203.1 Special Permit Provisions, d1 03/13/08 This page intentionally left blank.( Adopted: 02/20/79; Superceded by Regulation XIII as adopted: 07/21/80; Rescinded: mm/dd/yy)

MDAQMD Rule 203.2 203.2-1 Eligibility of Compensatory Emission Reductions, d1 03/13/08 

## RULE 203.2 Eligibility of Compensatory

Emission Reductions

In evaluating applications under Rules 203.1 an d 213, the Air Pollution Control Officer shall:

(a) Consider compensatory emission reductions only after applic ations have been

submitted in accordance with Rule 203.1 and su ch applications are substantially complete in accordance with Rule 210.

(b) Not consider compensatory emission reduc tions if before th e applications are substantially complete, a pub lic hearing is set to consider adopting rules which would require the same emission reductions from the same equipment type as those proposed by the applicant. In the event that such rules are not adopted or are adopted only in part, the control technology not adopted will no longer be ineligible for compensatory emission reduc tions.

(c) Notify the applicant in writing when a pplications reviewed under Rule 203.1 and 213 are considered substantially complete.

The provisions of this rule shall apply to appli cations received on or af ter date this rule is adopted.

[SIP: Not SIP; Superceded by approval of Reg. XIII as adopted 7/21/80, 6/9/82, 47 FR 25013, 40 CFR 52.220(c)(87)(iv)]203.2-2 MDAQMD Rule 203.2 Eligibility of Compensatory Emission Reductions, d1 03/13/08 This page intentionally left blank.( Adopted: 01/07/77; CARB Ex. Ord. G-73: 02/01/77; Readopted: 07/25/77; Amended: 06/18/79; Superceded by Regulation XIII as Adopted: 07/21/80; Rescinded: mm/dd/yy)

MDAQMD Rule 213 213-1 Standards for Permits to Construct: Air Quality Impact, d1 03/13/08 

## RULE 213
Standards for Permits to Construct Air Quality Impact

(a) General:

The Air Pollution Control Officer shall deny a permit to construct for any unit or units of a stationary source that fail to meet the appli cable requirements of subsection (b) or (c) of

this Rule.

(b) Best Available Control Technology:

(1) New Stationary Sources:

The Air Pollution Cont rol Officer shall deny a permit to construct for any unit or units constituting a new stat ionary source if such sour ce will emit more than 250 pounds per day of nitrogen oxides, organi c gases, or any contaminant for which there is a national ambient air qu ality standard (excep t carbon monoxide) for which the limits are 2500 pounds per day unles s the applicant shows that the new source is constructed using be st available control technology.

(2) Modifications to Existing Stationary Sources:

The Air Polluti on Control Officer shall deny a permit to construct for any modification of any existing stationary s ource if such modification will result in a

net increase in emissions of more than 250 pounds per day of nitrogen oxides, organic gases, or any air contain ment for which there is a national ambient air quality standard (except carbon monoxi de) for which the limits are 2500 pounds per day) unless the applicant demonstrates that the modification of the existing stationary source will be constructed using best available control technology.213-2 MDAQMD Rule 213 Standards for Permits to Construct: Air Quality Impact d1 03/13/08 (c) Air Quality Impact Analysis:

(1) New Stationary Sources:

The Air Pollution Control Officer shall de ny a permit to construct for any unit or units constituting a new stationary sour ce if such source will emit more than 250 pounds per day of nitrogen oxides, organi c gases, or any air contaminant for

which there is a national am bient air quality standard except carbon monoxide, for which the limits are 2500 pounds per day or which is a precursor of any such air

contaminant , unless he determines that the emissions from the new source will not cause a violation of the national ambient air quality standard for that same contaminant (or, in the case of a prec ursor, for the contaminant to which the precursor contributes).

(2) M odifications to Existin g Stationary Sources:

The Air Pollution Control Officer sha ll deny a permit to construct for any modification of any existing stationary source if the modification will result in a net increase in emissions from the existing source of more than 250 pounds per day of nitrogen oxides, organic bases, or any air contaminant for which there is a national ambient air quality standard (except carbon monoxide, for which the limits are 2500 pounds per day), or which is a precursor of any such air contaminant, unless he determines that the emissions from the modified source

will not cause a violation of the national am bient air quality standard for that same contaminant, (or in the case of a precur sor, for that contaminant to which the

precurso r contributes).

(d) Determination of Emission Increases:

In determining under subsection (b) (2) (A) and subsection (c) (2) whether there has been a net increase in emissions and, if so, the amount of any such increase, the Air Pollution

Control Officer shall consider all increases a nd decreases of emissions caused by modifications to that stationary source pursu ant to permits to construct issued during the preceding five years, or since the adoption of this Rule, whichever period is shorter.

Emission r eductions required to comply with fede ral, state, or district laws, emission limitations, or rules or regulations shall not be considered to be in emissions for the purposes of this subsection.MDAQMD Rule 213 213-3 Standards for Permits to Construct: Air Quality Impact, d1 03/13/08 (e) Consideration of Futu re Emission Reductions:

In making the analysis required in subs ection (h) (2), the Air Polluti on Control Officer shall take into consideration the air quality impact of any reduction in the emi ssions of the same air

contaminant which results from the elimination or modification of other ex isting stationary sources under the same ownership and operating within the same ai r basin. If reductions are to be based on planned elimination or modification of a ny stationary sources, the Air Pollution Control Officer shall condition the permit to oper ate to require such elimination or modification within not more than 90 days after the start

- up of the new or modified source. Emission reductions required to comply with federal, state or di strict laws, emission limitations, or rules or regulations shall not be considered to be decreases in emission for the purposes of this

subsection.

(f) Exemptions:

(1) The Air Pollution Control Officer shall ex empt from the provisions of subsection (c) of this Rule, any new stationa ry source or modification of any ex isting stationary source which:

(A) Will be in whole or in part a replacement for an existing stationary source at the same location if the resulting emissions of any air contaminant will

not be increased. The Air Pollu tion Control Officer may allow a

ma ximum of 90 days as a start

- up period for simultaneou s operation of the existing stationary source or repl aced portions thereof, and the new stationary source or replacement: or

(B) Will cause demonstrable air quality benefits within the air basin, provi ded however, that the written concurren ce of the California Air Resources

Board and United States Environmen tal Protection Agency shall be obtained prior to the granting of an exemption hereunder: or

(C) Will be used exclusively for providing essential pu blic services such as schools, hospitals, or police and fire fighting facilities, but specifically excluding sources of electrical power generation other than for emergency standby use at public se rvice facilities: or

(D) Is exclusively a modification to convert from use of gaseous fuels to fuel oil because of demonstrable shortages of gaseous fuels, provided that all units constituting the modification wi ll utilize best available control technology. Modifications for the pu rpose of this paragraph shall i nclude the addition or modification of facilities for storing, trans ferring and/or transporting such fuel oil at the stationary sources. A condition shall be placed on the operating permit requiring conversion to gaseous or other equivalent low polluting fuels when they are, or become, available: or213-4 MDAQMD Rule 213 Standards for Permits to Construct: Air Quality Impact d1 03/13/08 (E) Is air pollution control equipment which, when in operation, will reduce emissions from an existing source: or

(F) Is portable sandblasting equipment used on a temporary basis within the

air basin.

(2) T he Air Pollution Control Officer may ex empt from the provisions of subsection (c) of this Rule, any new stationary source, or modification of an existing stationary source, which ha s been determined to be:

(A) A new stationary source or modification of an exiting stationary source utilizing unique and innovative contro l technology which will result in a significantly lower emission rate fr om the source than would have occurred with the use of previous ly known best available control technology, to be applie d to similar stationary sour ces within a State. In order for a stationary source to be exempted under this paragraph, the applicant must obtain the written concurrence of the California Air

Resources Board and the United St ates Environmental Protection Ag ency with the Air Pollution Control Officer's determination: or

(B) A new stationary source or modification of an existing stationary source that represents a significant advanc e in the development of a technology that appears to offer extraordinary envir onmental or public health benefits or other benefits of overriding importan ce to the public heal th or welfare. In order for a stationary source to be exempted under this paragraph, the applicant must obtain the written concurrence of the California Air

Re sources Board and the United States Environmental Protection Agency
with the Air Pollution Contro l Officer's determination.

(g) Notice Requirements for Proposed Exemptions:

Before granting an exemption under subsect ion (f) (1) (B), (f)(2)(A) or (f)(2)(B ) of this Rule, the Air Pollution Control Officer sha ll publish a notice by prominent advertisement in at least one newspaper of ge neral circulation in the Distri ct and shall notify in writing of his intention: the applicant, the United States Environmenta l Protection Agency, the California Air Resources Board and adjoining ai r pollution control districts. Calculations and technical data used by the Air Polluti on Control Officer as the basis for granting exemptions pursuant to s ubsection (f)(1)(B), (f)(2)( A) or (f)(2)(B) shall be made

available to the California Air Resources Board and the United States Environmental Protection Agency. Before granting an exem ption under subsection (f)(1)(B), (f)(2)(A) or (f) (1) (B) of this Rule , the Air Pollution Control Officer shall consider any comments received within 30 days after the date of pub lication or date of no tification of the above agencies, whichever occurs later, and sh all have obtained the concurrence of the

California Air Resources Board and the United St ates Environmental Protection Agency.MDAQMD Rule 213 213-5 Standards for Permits to Construct: Air Quality Impact, d1 03/13/08 In addition, the Air Pollution Control Officer shall notify in writi ng the United States Environmental Protection Agency and the Calif ornia Air Resources Board of the granting of an exemption under subsection (f)(1)(A ), (f)(1)(C) or (f)(1)(D).

(h) Procedures for Evaluation of Appli cations for Permits to Construct:

Before granting a permit to construct for any unit of a new stationary source or modification subject to the requirement s of subsection (c) of this Rule, t he Air Pollution

Control Officer shall:

(1) Require the applicant to submit informati on sufficient to describe the nature and amounts of emissions, location, design, cons truction, and operati on of the source, to submit any additional information required by the Air Pollution Control Officer to make the analysis required by this Rule.

(2) Analyze the effect of the operation of the new or modified sta tionary source on air quality in the vicinity of the new source or modified st ationary source, within the

ai r basin and within adjoining air basins. Such analysis shall consider the air contaminant emissions and in the vicinity of the new source or modified source within the air basin and within adjoining air basins at the time the new source or

modification is proposed to commence normal operation. Such analysis shall be based on the application of existing st ate and local rule and regulations.

(3) Upon completion of the evaluation, but be fore granting a permit to construct:

(A) Publish a notice by prominent advertisement in at least one newspaper of general circulation in the District, stating the pre liminary decision to grant the permit to construct and where the public may inspect the information required by this subsection. A copy of the notice shall also be sent to the applicant, the United States Environmental Protection Agency, the California Air Resources Board and adjoin ing air pollution control districts. The notice shall provide a period of 30 days, beginning on the date of publication, or on the date of notification of the above agencies, whichever occurs later, for the public to submit comments on the application.

(B) Make available for public inspection at the Mojave Desert Air Quality Management District, except as otherwise limited by law: t he information submitted by the applicant, the Air Pollution Control Officer's analysis of the effect of the source on air quality and the preliminary decision to grant the permit to construct. Such informa tion shall also be forwarded to the

California Air Resources Board for review.

(C) Consider all comments submitted. If within the 30

- day notice period the

Air Pollution Control Officer receives a written request from either the

United States Environmental Prot ection Agency or California Air

Resources Bo ard to defer the Air Polluti on Control Officer's decision213-6 MDAQMD Rule 213 Standards for Permits to Construct: Air Quality Impact d1 03/13/08 pending the requesting agency's revi ew of the app lication, the Air

Pollution Control Officer shall honor such request for a period of 60 days from the date of such request.

(i) Additional Applican t Requirements:

Receipt of a permit to construc t shall not relieve the stationary source owner or operator of the responsibility to comply with other ap plicable portions of the District's Rules and Regulations. (j) Severability:

If any portion of this Ru le shall be found to be unenforceable, such finding shall have no effect on the enforceability of the remaining por tions of the Rule, which shall continue to

be in full force and effect.

[SIP: Not SIP; Superceded by approval of Reg. XIII as adopted 7/21/80, 6/9/82, 47 FR 25013 40 CFR 52.220(c)(87)(iv); Approve d 11/9/78, 43 FR 52237, 40 CFR 52.220(c)(39)(ii)(B) and 40 CFR 52.220(c)(31)(vi)(C)]( Adopted: 01/01/77; CARB Ex. Ord. G-73: 02/01/77; Readopted: 07/25/77; Superceded by Regulation XIII as adopted: 07/21/80; Rescinded; mm/dd/yy)

MDAQMD RULE 213.1 213.1-1 Standards for Permits to Operate: Air Quality Impact d1, 03/13/08 

## RULE 213.1 Standards for Permits to Operate Air Quality Impact

(a) Requirement for Permit to C onstruct as Condition for Permit to Operate:

The Air Pollution Control Officer shall deny a permit to operate for any stationary source subject to the requirements of Rule 213 unl ess the applicant has obtained a permit to

construct.

(b) Air Quality Impa ct Analysis for Sources Emitting Larger Quantities of Air Contaminants Than Assumed in the Analysis Pe rformed Pursuant to Rule 213:

The Air Pollution Control Officer shall not gr ant a permit to operate to any stationary source that he determines emits qua ntities of air contaminants larger than were assumed in the analysis performed for the permit to construct for the source, unless the Air Pollution Control Officer performs the air qu ality impact analysis required by Rule 213

and determines that the actual emissions from the source will not cause a violation of, or

will not interfere with the attainment or main tenance of, any state or national ambient air quality standard.

(c) Permit Conditions:

The Air Pollution Control Offi cer shall condition the issuan ce of a permit to operate, on such terms as are deemed necessary to ensure that the stationary source will be operated in the manner assumed in making the analysis required by Rule 213 or subsection (b) of this Rule, whichever is applicable. Where appropr iate, such conditions shall prohibit a new stationary source which is a replacemen t for an existing stationary source from operating, unless the operation of the existing source is terminated. The Air Pollution Control Officer may allow a maximum of 90 da ys as a start

- up period for simultaneous operation of the existing stationary source or replaced portion thereof, and the new stationary source or repl acement portions thereof.

(d) Exemptions:

The Air Pollution Control Officer shall exempt from the prov isions of this Rule, any stationary source which:

(1) Has received a permit to construct prior to the adoption of Rule 213.213.1-2 MDAQMD Rule 213.1 Standards for Permits to Operate: Air Quality Impact d1, 03/13/08 (2) Is a continuing operation, without modifi cation, of a stationary source that was previously exempt from the permit provisions of these Rules and Regulations and a permit to operate is required solely b ecause of a change of permit exemptions
stated in Rule 219.

(e) Severability

If any portion of this Rule shall be found to be unenforceable, such finding shall have no

effect on the enforceability of the remaining portions of the Rule, which shall continue to

be in full force and effect.

[SIP: Not SIP; Superceded by approval of Reg. XIII as adopted 7/21/80, 6/9/82, 47 FR 25013 40 CFR 52.220(c)(887)(iv); Approved 11/9/78. 43 FR 52237, 40 CFR 52.220(c)(39)(ii)(B) and 40 CFR 52.220(c)(31)(vi)(C)]( Adopted: 01/01/77; CARB Ex. Ord. G-73: 02/01/77; Readopted: 07/25/77; Superceded by Regulati on XIII as adopted: 07/21/80;
Rescinded: mm/dd/yy)

MDAQMD Rule 213.2 213.2-1
Definitions for RULES 213, 213.1, and 213.3, d1 03/13/08 

## RULE 213.2 Definitions for RULES 213, 213.1, and 213.3

(a) STATIONARY SOURCE means a unit or an aggregation of units of non

- vehicular air

contami nant

- emitting equipment which is located on one property or on contiguous properties: which is under the same ownership or entitlement to use and operate: and, in the case of an aggregation of units, those units which are rela ted to one another. Units

sha ll be deemed related to one another if the operation of one is dependent upon, or affects the operation of the other: if their operation involves a co mmon or similar raw material, product, or function: or if they have the same first three digits in their s tandard industrial

classification codes as determined from the Standard Industrial Classification Manual published in 1972 by the Executive Office of th e President, Office of Management and Budget. In addition, in cases where all or part of a stationary so urce is a facility used to load cargo onto or unload cargo from cargo ca rriers, other than motor vehicles, the Air

Pollution Control Officer shall consider such carr iers to be part of the stationary source. Accordingly, all emissions from such carriers (e xcluding motor vehicles) which will result in an adverse impact on air qua lity in the State of Californi a, shall be considered as emissions from such stationary source. Emi ssions from such carriers shall include those that result from the operation of the carriers' engines; the purging or other method of venting of vapors; and from the loading. unloa ding, storage, processing, and transfer of

cargo.

(b) MAJOR STATIONARY SOURCE means any ne w stationary source which emits more than 250 pounds per day of nitr ogen oxides, organic gases, or any air contaminant for

which there is a national ambi ent air quality standard (ex cept carbon monoxide, for which the limit is 2500 pounds per day) or any modified stationary source if the modification will

result in a net in crease in emissions from the existing source of more than 250 pounds per day of nitrogen oxides, organic gases, or a ny air contaminant for which there is a national ambient air quality standard (except carbon monoxide, for which the limit is 2500 pounds

pe r day).

(c) MODIFICATION means any physic al change in, or any change in the method of operation of, a stationary source. For the purpose of this definition:

(1) Routine maintenance or repair shall not be considered to be physical changes, and

(2) An i ncrease in production rate or operating hours shall not be considered to be a change in the method of operation, provided th at these increases are not contrary to any existing permit to operate conditions.213.2-2 MDAQMD Rule 213.2 Definitions for RULES 213, 213.1, and 213.3, d1 03/13/08 (d) BEST AVAILABLE CONTROL TECHNOLOGY means the more stringent of:

(1) The most effective emissions control t echnique which has been achieved in practice, for such categor y or class of course; or

(2) The control technique which will result in the achievement of the most stringent

emissions limitation , in effect, which the EPA certifi es is contained in the imple

mentation plan of any State for such class or category or source unless the owner or operator of the proposed source demonstrates that such control techniques are not available (i.e. that such emissions limitations are not presently achievable). No control technique, the applic ation of which would result in emissions from a new

or modified source in excess of the am ount allowable under applicable new source performance standards, may be conside red to be BEST AVAILABLE CONTROL

TECHNOLOGY.

(e) SEVERABILITY:

If any portion of this Rule shall be found to be unenforceable, such finding shall have no effect on the enforceability of the remaining por tions of the Rule, which shall continue to

be in fu ll force and effect.

[SIP: Not SIP; Superceded by approval of Reg. XIII as adopted 7/21/80, 6/9/82, 47 FR 25013 40 CFR 52.220(c)(87)(iv); Approve d 11/9/78, 43 FR 52237, 40 CFR 52.220(c)(39)(ii)(B) and 40 CFR 52.220(c)(31)(vi)(C)]( Adopted: 07/18/79; Superceded by Regulation XIII as Adopted: 07/21/80; Rescinded: mm/dd/yy)

MDAQMD Rule 213.3 213.3-1 Additional Standards for Permits To Construct And Operate, d1 03/13/08 

## RULE 213.3
Additional Standards for Permits To Construct And Operate

(a) The Air Pollution Control Officer shall de ny a permit to construct for any new or modified major stationary s ource, unless the owner or opera tor has certified in writing prior to the issuance of such permit that all majo r stationary sources owned or operated by such person (or by any entity controll ing, controlled by, or under common control with such person) in the St ate of California are in compliance or are on a compliance

sched ule approved by the appropriate federal, st ate or District officials, with all applicable emission limitations and standard s which are part of the EPA approved State Implementation Plan, new source pe rformance standards and NESHAPS.

(b) The Air Pollution Control Officer shall deny a permit to construct, or a permit to operate, for any new or modified major stationary source unless he determines that construction of such new major stationary source would not interfere with the schedule for reasonable

furthe r progress set forth in the Mojave Dese rt Air Quality Management District Implementation Plan.

[SIP: Not SIP; Superceded by approval of Reg. XIII as adopted 7/21/80, 6/9/82, 47 FR 25013, 40 CFR 52.220(c)(87)(iv)]213.3-2 MDAQMD Rule 213.3 Additional Standards for Permits To Construct And Operate, d1 03/13/08 This page intentionally left blank.MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 B-1 Final Staff Report, 06/30/08 

### Appendix “B”

Public Notice Documents

1. Proof of Publication – Daily Press, March 28, 2008

2. Proof of Publication – Riversid e Press Enterprise, March 28, 2008B-2 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 This page intentionally left blank.MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 B-3 Final Staff Report, 06/30/08B-4 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 This page intentionally left blank.MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 B-5 Final Staff Report, 06/30/08B-6 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 This page intentionally left blank.MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 C-1 Final Staff Report, 06/30/08 

### Appendix “C” Public Comments and Responses

No comments received to dateC-2 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 This page intentionally left blank.MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 D-1 Final Staff Report, 06/30/08 

### Appendix “D” California Environmental Quality Act

Documentation

1. Notice of Exemption – San Bernardino County

2. Notice of Exemption – Riverside CountyD-2 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 This page intentionally left blank.MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 D-3 Final Staff Report, 06/30/08D-4 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 E-1 Final Staff Report, 06/30/08 

### Appendix “E” Bibliography

The following documents were consulted in the preparation of this staff report.

1. 40 CFR 52.220(c)(87)(iv)) – 06/09/82 47 FR 25013 2. 40 CFR 52.220(c)(239)(i)(A)(1) – 11/13/96 61 FR 58133

3. 12/04/96 61 FR 64291
4. 05/13/99 64 FR 25828E-2 MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 Final Staff Report, 06/30/08 This page intentionally left blank