II-3 Mendocino County Air Quality Management District Regulation 1 RULE 1-220 - NEW SOURCE REVIEW STANDARDS (INCLUDING PSD EVALUATIONS)

(a) Emission Analysis

In reviewing an Authority to Construct for any new or modified stationary source subject to the requirements of this chapter, the Air Pollution Control Officer shall require the applicant to submit information sufficient to describe the nature and amounts of emissions; the location, design, construction, and operation of the source; and to submit any additional information requested by the Air Pollution Control Officer to make the approval determinations required by the provisions of Rule 1-230.

For the purposes of emission considerations:

(1) Emissions from a proposed new or modified stationary source shall be based on the source's potential to emit any air contaminant subject to regulation under the federal Clean Air Act Amendments of 1990 and as amended at the time of application and Title 40 of the Code of Federal Regulations, Part 52.21(b)(4).

(2) Emissions from a proposed modified stationary source shall be based upon the cumulative net emission increases or reductions that may occur as a result of the modifications and conditions imposed by either an Authority to Construct or a Permit to Operate, excluding any emission reductions required to comply with federal, state, or district laws, rules, or regulations, (40 CFR 52.21(b)(2&3)).

(3) Emissions from an existing stationary or previously permitted source shall be based on the actual rate of air contaminant emissions during the two-year period of operation prior to the date of application. A different averaging period may be used if the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that it would be more representative of normal source operation, (40 CFR 52.21(b)(3&21)).II-4 Mendocino County Air Quality Management District Re gulation 1 (b) New Source Review Procedure

In reviewing an Authority to Construct for any new or modified stationary source which is subject to Rules 1-490 or 1-492; or for any new or modified stationary source which the Air

Pollution Control Officer estimates will result in a significant net increase in emissions of any air contaminant regulated under the federal Clean A ir Act Amendments of 1990 and as amended at the time of application, and precursors of such contaminants, the Air Pollution

Control Officer shall: (Significant levels are defined in Rule 1-130(s2)). The New Source Review process is diagramed in Rule 1, Figure 1.

(1) Determine best available control technology (BACT) for each air contaminant for which the significance level is exceeded and so inf orm the applicant,(40 CFR 52.21(b)(12)).

(2) Analyze the effect of the new or modified stationa ry source on air quality for each air contaminant for which the significance level is exc eeded and require that the applicant comply with the preconstruction monitoring requirem ents of Section 52.21 of the Code of Federal Regulations, (40 CFR 52.21(m)).

(3) Determine that approved stack height good engineer ing practices are employed and prepare or cause to be prepared an analysis of the following:

(A) The effect of increased emissions of air contamina nts, including associated vessel emissions, on the PSD increments.

(B) The expected net increase above baseline concentra tion for any proposed new stationary source or modification whose emissions, including any associated vessel emissions, exceed the significant levels def ined in Rule 1-130(s2).

NOTE : Increment consumption prior to the date of applic ation of the proposed source shall be calculated by including ma jor, minor and mobile

sources.

(4) Publish a notice by prominent advertisement in at least one newspaper of general circulation in the District stating where the publi c may inspect the information required by this Rule. The notice shall include th e preliminary determination; present the expected additional and cumulative increment co nsumption; provide opportunity for a public hearing; and allow 30 days beginning o n the date of publication, for the public to submit written comments on the applicatio n.

(5) Make available for public inspection at the Distri ct office, the information submitted by the applicant, the analysis of the effect of the source on air quality, and the preliminary decision to grant or deny the Authority to Construct.

(6) On the date of publication forward copies of the n otice required in paragraph (4) to the U. S. Environmental Protection Agency, the Californ ia Air Resources Board, all APCD's and AQMD’s in the air basin, all adjoining A PCD's and AQMD’s in other air basins, and any federal land managers of a Class I area which may experience a significant air quality impact or is within 100 kil ometers.II-5 Mendocino County Air Quality Management District Re gulation 1 (7) In the event of an air quality controversy, hold a public hearing on the project and consider all public comments submitted prior to the granting or denial of the Authority to Construct. Notice of the public hearing shall b e published in at least one newspaper of general circulation in the District at least 10 days prior to the public hearing.

(8) Transmit copies of the application and notice of e ach action affecting the application to EPA and the managers of any affected Class I are as.

(9) All comments and the final determination on the ap plication shall be available for public inspection.

(10) Within 30 days of the issuance of an Authority to Construct the Air Pollution Control Officer shall publish a notice in the local newspap er with the highest circulation in the

area.

(c) Power Plant Review Procedures

This section shall apply to all power plants propos ed to be constructed in the District and for which a Notice of Intention (NOI) or Application fo r Certification (AFC) has been accepted by the California Energy Commission (CEC). The Air Po llution Control Officer, pursuant to Section 25538 of the Public Resources Code, may app ly for reimbursement of all costs, which may include lost fees, incurred in order to comply with the provisions of this section.

(1) Within fourteen days of receipt of an NOI, the Air Pollution Control Officer shall notify the ARB and the CEC of the District's intent to participate in the NOI proceeding. If the District chooses to participate in the NOI proceeding, the Air Pollution Control Officer shall prepare and submit a report to the ARB and the CEC prior to the conclusion of the non-ad judicatory he arings specified in Section 25509.5 of the Public Resources Code. That report shall in clude, at a minimum:

(A) a preliminary determination of the need for and a specific definition of best available control technology (BACT) for the propose d facility;

(B) a preliminary discussion of whether there is subst antial likelihood that the requirements of Rule 1-230(a) and all other Distric t regulations can be satisfied by the proposed facility;

(C) a preliminary list of conditions which the propose d facility must meet in order to comply with Rule 1-230(a) or any other applicable D istrict regulation.

The preliminary determinations contained in the rep ort shall be specific as possible

within the constraints of the information contained in the NOI.

(2) Upon receipt of an Application for Certification ( AFC) for a power plant, the Air

Pollution Control Officer shall conduct a Determina tion of Compliance review in accordance with the procedures of Rule 1-220. If th e information contained in the AFC does not meet the requirements of Rule 1-200(b) , the Air Pollution Control Officer shall, within 20 calendar days of receipt o f the AFC, so inform the CEC, and the AFC shall be considered incomplete and returned to the applicant for re-submittal.II-6 Mendocino County Air Quality Management District Regulation 1 (3) The Air Pollution Control Officer shall consider the AFC to be equivalent to an application for an Authority to Construct during the Determination of Compliance

review.

(4) The Air Pollution Control Officer may request from the applicant any information necessary for the completion of the Determination of Compliance review. If the Air Pollution Control Officer is unable to obtain the information, he may petition the presiding Commissioner of the CEC for an order directing the applicant to supply such

information.

(5) Within 180 days of accepting an AFC as complete, the Air Pollution Control Officer shall make a preliminary decision on:

(A) whether the proposed power plant meets the requirements of Rule 1-230(a) and all other applicable district regulations; and

(B) in the event of compliance, what permit conditions will be required including specific BACT requirements and a description of required mitigation measures;

and

(C) complete the new source review requirements of Rule 1-230.

(6) Within 240 days of the filing date, the Air Pollution Control Officer shall submit to the CEC a Determination of Compliance, or if such a determination cannot be issued, shall so inform the CEC as to the reason for noncompliance.

(7) Any applicant receiving a certificate from the CEC pursuant to this section and in compliance with all conditions of the certificate shall be issued a Permit to Operate by

the Air Pollution Control Officer.