1303

- 1 (Adopted Oct. 5, 1979)(Amended March 7, 1980)(Amended Sept. 10, 1982)

(Amended July 12, 1985)(Amended August 1, 1986)(Amended June 28, 1990)

(Amended May 3, 1991)(Amended December 7, 1995)(Amended May 10, 1996)

(Amended October 20, 2000)(Amended February 16, 2001)

(Amended April 20, 2001)(Amended December 6, 2002)

RULE 1303. REQUIREMENTS

(a) Best Available Control Technology (BACT):

(1) The Executive Officer or designee shall deny the Permit to Construct for

any relocation or for any new or modified source which results in an

emission increase of any nonattainment air contaminant, any ozone

depleting compound, or ammonia, unless BACT is employed for the new

or relocated source or for the actual modification to an existing source.

(2) In implementing subdivision (a), the Executive Officer or designee shall

periodically publish guidelines indicating the administrative procedures and

requirements for commonly permitted sources. BACT for other source

categories shall be determined using the definition o f BACT in Rule 1302

and the general administrative procedures and requirements of the BACT

Guidelines. BACT for sources located at major polluting facilities shall be

at least as stringent as Lowest Achievable Emissions Rate as defined in the

federal Clea n Air Act Section 171(3) [42 U.S.C. Section 7501(3)]. When

updating the BACT guidelines to become more stringent for sources not

located at major polluting facilities, economic and technical feasibility shall

be considered in establishing the class or cat egory of sources and the

applicable requirements.

(3) BACT for sources not located at major polluting facilities shall be as

specified in the BACT Guidelines for such source categories, unless the

BACT specified in the guideline is less stringent than re quired by state law

in which case BACT shall be as defined in state law considering economic

and technical feasibility.

(4) The BACT requirements of this paragraph shall apply regardless of any

modeling or offset exemption in Rule 1304.

(b) The Executiv e Officer or designee shall, except as Rule 1304 applies, deny the

Permit to Construct for any new or modified source which results in a net emission

increase of any nonattainment air contaminant at a facility, unless each of the

following requirements is met:Rule 1303 (Cont.) (Amended December 6, 2002)

1303

- 2 (1) Modeling

The applicant substantiates with modeling that the new facility or

modification will not cause a violation, or make significantly worse an

existing violation according to Appendix A or other analysis approved by

the Executive Officer or designee, of any state or national ambient air

quality standards at any receptor location in the District.

(2) Emission Offsets

(A) Emission Reduction Credits

Unless exempt from offsets requirements pursuant to Rule 1304,

emission increases sh all be offset by either Emission Reduction

Credits approved pursuant to Rule 1309, or by allocations from

the Priority Reserve in accordance with the provisions of Rule

1309.1 , or allocations from the Offset Budget in accordance with

the provisions of Rule 1309.2 . Offset ratios shall be 1.2

- to

- 1.0 for

Emission Reduction Credits and 1.0

- to

- 1.0 for allocations from

the Priority Reserve, except for facilities not located in the South

Coast Air Basin (SOCAB), where the offset ratio for Emission

Reduction Credi

ts only shall be 1.2

- to

- 1.0 for VOC, NO X , SO X

and PM 10 and 1.0

- to

- 1.0 for CO.

(B) Short

- Term Credits (STCs):

Notwithstanding sub

- paragraph (b)(2)(A) above, emission

increases may be offset, in whole or part, by the use of SIP

approved STCs provided that:

(i) the same offset ratio as in subdivision (A) above is used;

and

(ii) STCs must be used in the same calendar year in which they

are generated; and

(iii) the applicant provides a minimum of 5 consecutive years

of STCs; and

(iv) the B ACT evaluation shall be based on the highest

permitted emissions level during the term of the permit

,

unless there is an increase in the amount of highest

permitted emissions levels of any pollutant from the

immediately previous permit; and

(v) the per mit is expressly conditioned on a year

- by

- year basis

to restrict operation and emissions to the amount of STCsRule 1303 (Cont.) (Amended December 6, 2002)

1303

- 3 provided for that year and to the number of years of STCs

provided and further conditioned so as to cease operation

and cancel the permit when al l STCs are expired; and

(vi) STCs must be generated from real reductions, quantifiable,

permanent for the time period in which they are valid,

federally enforceable and surplus as defined by the SIP

approved protocols; and

(vii) operation of the so urce using STCs is subject to annual

verification of the amount of STCs generated pursuant to a

SIP

- approved credit generation rule that authorizes the use

of such credits in Regulation XIII. The generator of the

STCs is responsible for providing addition al offsets as a

result of any shortfall. Failure to provide additional offsets

where a shortfall occurs is a violation of this rule by the

generator. If the generator does not provide the required

additional offsets, the operator shall provide those offs ets

within 90 days upon notification by the Executive Officer.

Any failure by the operator to secure such offsets after

notification by the Executive Officer is a violation of this

rule for each and every day for the period sufficient credits

were not pro vided; and

(viii) STCs shall be identifiable by the time the public notice is

given and shall be surrendered to the District before a new

or revised permit to construct or operate is issued; and

(ix) notwithstanding (b)(2)(B)(vii i ), if a source has identified

an enforceable obligation, including an approved

application by the generator, to create STCs pursuant to a

SIP approved protocol on or before commencement of

operations of the source, a permit to construct may be

issued. Operation of the sour ce will be contingent upon

the credits being generated and verified. For sources using

this provision, the Permit to Construct does not serve as a

Temporary Permit to Operate until the Executive Officer

has verified the generation of the STCs; andRule 1303 (Cont.) (Amended December 6, 2002)

1303

- 4 ( x) operator files an application to extend or modify the permit

to construct or operate or notifies the AQMD of the intent

to cease operation

at least 1 year prior to the date the

permit requires the source to cease operation;

(xi) the term of the init ial permit issued pursuant to clause

(b)(2)(B)(v) based on STCs, may be extended for a

minimum of five years and in at least five year increments

thereafter provided :

(I) the operator provides sufficient additional STCs, as

determined by the Executive Officer , and

(II) the operator complies with all applicable rules and

regulations; and

(xii) the emission limit of the initial permit issued pursuant to

clause (b)(2)(B)(v) based on STCs may be extended based

on the quantity of credits provided; and

(xiii) applications using STCs shall follow the public noticing

procedures of Rule 1309.2(d); and

(xiv) application for permits to construct and operate issued for

extensions of the initial permit issued pursuant to

(b)(2)(B)(xi) shall not trig ger the BACT requirements of

Rule 1303(a), unless there is an increase in the amount of

the permitted emission levels of any pollutant from the

immediately previous permit.

(C) Specific VOC ERCs

Any VOC ERCs issued for acetone, 1,1,1

- trichloroethan e, and

perchloroethylene may not be used for any purpose except that

they may be retired within 90 days after February 16, 2001.

Within 150 days after February 16, 2001, the District will:

(i) Re

- issue all remaining VOC ERCs according to the

following formula:

New Certificate Value = Old Certificate Value x [ (ERC T

–ERC D ) ] (ERC T )Rule 1303 (Cont.) (Amended December 6, 2002)

1303

- 5 where:

ERC T = ERC D plus all other VOC ERCs as of 90 days

after February 16, 2001.

ERC D = Total remaining de

- listed compound ERCs

excluding those that resulte d from equipment

shutdowns and held by their original holders,

as of 90 days after February 16, 2001

.

(ii) Re

- issue the difference between old and new certificate

values as de

- listed VOC reduction certificates. Such credits

shall be issued in the same proportion as the old certificate

holders were devalued. Reissue the certificates for ERCs

for perchloroethylene, acetone, and 1,1,1

- trichloroethane

that resulted from equipment shutdowns and held by their

original owners as of 90 days from February 16, 2001 as

de

- listed VOC reduction certificates. Such certificates shall

not be eligible for inter

- pollutant trading, for providing

Regulation XIII offsets in the South Coast District or for

any SIP purpose, and shall be labeled accordingly.

(3) Sensitive Zone Requirements

Unless credits are obtained from the Priority Reserve, facilities located in

the South Coast Air Basin are subject to the Sensitive Zone requirements

specified in Health and Safety Code Section 40410.5. A facility in zone 1

may obtai n Emission Reduction Credits originated in zone 1 only, and a

facility in zone 2A may obtain Emission Reduction Credits from either

zone 1 or zone 2A, or both, or demonstrate to the Executive Officer or

designee a net air quality benefit in the area impact ed by the emissions

from the subject facility.

(4) Facility Compliance

The subject facility complies with all applicable rules and regulations of the

District.

(5) Major Polluting Facilities

In addition to the above requirements, any new major po lluting facility or

major modification at an existing major polluting facility shall comply with

the following requirements:

(A) Alternative AnalysisRule 1303 (Cont.) (Amended December 6, 2002)

1303

- 6 Conduct an analysis of alternative sites, sizes, production

processes, and environmental control te chniques for such proposed

source and demonstrate that the benefits of the proposed project

outweigh the environmental and social costs associated with that

project.

(B) Statewide Compliance

Demonstrate prior to the issuance of a Permit to Construct , that all

major stationary sources, as defined in the jurisdiction where the

facilities are located, that are owned or operated by such person (or

by any entity controlling, controlled by, or under common control

with such person) in the State of Californ ia are subject to emission

limitations and are in compliance or on a schedule for compliance

with all applicable emission limitations and standards under the

Clean Air Act.

(C) Protection of Visibility

(i) Conduct a modeling analysis for plume visib ility in

accordance with the procedures specified in Appendix B if

the net emission increase from the new or modified source

exceeds 15 tons/year of PM

10 or 40 tons/year of NO

X ; and

the location of the source, relative to the closest boundary

of a specifie d Federal Class I area, is within the distance

specified in Table C

- 1.

Table C

- 1

Federal Class I Area Distance (km)

Agua Tibia 28

Cucamonga 28

Joshua Tree 29

San Gabriel 29

San Gorgonio 32

San Jacinto 28

(ii) In relation to a permit application subject to the modeling

analysis required by clause (b)(5)(C)(i), the Executive

Officer shall:Rule 1303 (Cont.) (Amended December 6, 2002)

1303

- 7 (I) deem a permit application complete only when the

applicant has complied with the requisite modeling

analysis for plu me visibility pursuant to clause

(b)(5)(C)(i);

(II) notify and provide a copy of the complete permit

application file to the applicable Federal Land

Manager(s) within 30 calendar days after the

application has been deemed complete and at least

60 days prior to final action on the permit

application;

(III) consider written comments

, relative to visibility

impacts from the new or modified source

, from the

responsible Federal Land Manager(s), including any

regional haze modeling performed by the Fede ral

Land Manager(s), received within 30 days of the

date of notification

, when determining the terms and

conditions of the permit;

(IV) consider the Federal Land Manager(s) findings with

respect to the geographic extent, intensity, duration,

frequency and time of any identified visibility

impairment of an affected Federal Class I area,

including how these factors correlate with times of

visitor use of the Federal Class I area, and the

frequency and timing of natural conditions that

reduce visibility; and,

(V) explain its decision or give notice as to where to

obtain this explanation if the Executive Officer finds

that the Federal Land Manager(s) analysis does not

demonstrate that a new or modified source may

have an adverse impact on visibility in an affected

Federal Class I area

.Rule 1303 (Cont.) (Amended December 6, 2002)

1303

- 8 (iii) If a project has an adverse impact on visibility in an

affected Federal Class I area, the Executive Officer may

consider the cost of compliance, the time necessary for

compliance, the energy and non

- air quali ty environmental

impacts of compliance, the useful life of the source, and all

other relevant factors in determining whether to issue or

deny the Permit to Construct or Permit to Operate.

(D) Compliance Through California Environmental Quality Act

T he requirements of subparagraph (b)(5)(A) may be met through

compliance with the California Environmental Quality Act in the

following manner:

(i) if the proposed project is exempt from California

Environmental Quality Act analysis pursuant to a statut ory

or categorical exemption pursuant to Title 14, California

Code of Regulations Sections 15260 to 15329,

subparagraph (b)(5)(A) shall not apply to that project;

(ii) if the proposed project qualifies for a negative declaration

pursuant to Title 14 Ca lifornia Code of Regulations

Section 15070, or for a mitigated negative declaration as

defined in Public Resources Code Section 21064.5;

subparagraph (b)(5)(A) shall not apply to that project, or

(iii) the proposed project has been analyzed by an

envir onmental impact report pursuant to Public Resources

Code Section 21002.1 and Title 14 California Code of

Regulations Section 15080 et seq., subparagraph (b)(5)(A)

shall be deemed to be satisfied.Rule 1303 (Cont.) (Amended December 6, 2002)

1303

- 9 APPENDIX A

The following sets forth the procedure for complying with the air quality modeling

requirements of Rule 1303(b). An applicant must either (1) provide an analysis, approved

by the Executive Officer or designee, or (2) show by using the Screening Analysis below,

that a significant change (increase) in air quality concentration will not occur at any

receptor location for which the state or national ambient air quality standards are

exceeded. Modeling for VOC and SO X is not required.

Table A

- 1 of the screening analysis is subject to change by the Ex ecutive Officer or

designee, based on improved modeling data.

SCREENING ANALYSIS

Compare the emissions from the source you are applying for to those in Table A

- 1. If the

emissions are less than the allowable emissions, no further analysis is required. If the

emissions are greater than the allowable emissions, a more detailed air quality modeling

analysis is required.

Table A

- 1

Allowable Emissions

for Noncombustion Sources and for

Combustion Sources less than or equal to 40 Million BTUs per hour

Heat Input Capacity

(million BTUs/hr) NO

x (lbs/hr) CO

(lbs/hr) PM 10

(lbs/hr)

Noncombustion Source 0.068 3.7 0.41

< 2 0.20 11.0 1.2

>2 < 5 0.31 17.1 1.9

>5 < 10 0.47 25.9 2.8

>10 < 20 0.86 47.3 5.2

>20 < 30 1.26 69.3 7.6

>30 < 40 1.31 72.1 7.9Rule 1303 (Cont.) (Amended December 6, 2002)

1303

- 10 TABLE A

- 2

Most Stringent Ambient Air Quality Standard and

Allowable Change in Concentration

For Each Air Contaminant/Averaging Time Combination

Air Contaminant Averaging

Time Most Stringent

Air Quality

Standard Significant Change in

Air Quality

Conce ntration

Nitrogen

Dioxide 1

- hour

Annual 25 pphm

5.3 pphm 500 ug/m 3

100 ug/m 3 1 pphm

0.05 pphm 20 ug/m 3

1 ug/m 3

Carbon

Monoxide 1

- hour

8

- hour 20 ppm

9.0 ppm 23 mg/m 3

10 mg/m 3 1 ppm

0.45 ppm 1.1 mg/m 3

0.50 mg/m 3

Suspended

Particulate

Matter

-

<10 um

(PM 10 ) 24

- hour

Annual

Geometric

Mean 50 ug/m 3

30 ug/m 3

` 2.5 ug/m 3

1 ug/ m 3

1 ug/m 3

Sulfate 24

- hour 25 ug/m 3Rule 1303 (Cont.) (Amended December 6, 2002)

1303

- 11Rule 1303 (Cont.) (Amended December 6, 2002)

1303

- 12 APPENDIX B

MODELING ANALYSIS FOR VISIBILITY

(a) The modeling analysis performed by the applicant shall consider:

(1) the net emission increase from the new or modified source;

and

(2) the location of the source and its distance to the closest

boundary of specified Federal Class I area(s).

(b) Level 1 and 2 screening analysis for adverse plume impact pursuant

to subparagraph (b)(5)(C) of this rule for modeling analysis of

plume visibility shall consider the following applicable screening

background visual ranges:

Federal Class I Area Screening Background

Visual Range (km)

Agua Tibia 171

Cucamonga 171

Joshua Tree 180

San Gabriel 175

San Gorgonio 192

San Jacinto 171

For level 1 and 2 screening analysis, no adverse plume impact on

visibility results when the total color contrast value (Delta

- E) is 2.0

or less and the plu me contrast value (C) is 0.05 or less. If these

values are exceeded, the Executive Officer shall require additional

modeling. For level 3 analysis the appropriate background visual

range, in consultation with the Executive Officer, shall be used.

The Ex ecutive Officer may determine that there is no adverse

visibility impact based on substantial evidence provided by the

project applicant.

(c) When more detailed modeling is required to determine the project’s

visibility impact or when an air quality mode l specified in the

Guidelines below is deemed inappropriate by the Executive Officer

for a specific source

- receptor application, the model may be

modified or another model substituted with prior written approvalRule 1303 (Cont.) (Amended December 6, 2002)

1303

- 13 by the Executive Officer, in consultation wi th the federal

Environmental Protection Agency and the Federal Land Managers.

(d) The modeling analysis for plume visibility required pursuant to

subparagraph (b)(5)(C) of this rule shall comply with the most

recent version of:

(1) “Guideline on Air Q uality Model (Revised)” (1986),

supplement A (1987), supplement B (1993) and supplement

C (1994), EPA

- 450/2

- 78

- 027R, US EPA, Office of Air

Quality Planning and Standards Research Triangle Park,

NC 27711; and

(2) “Workbook for Plume Visual Impact Screen ing and

Analysis (Revised),” EPA

- 454

- /R

- 92

- 023, US EPA, Office

of Air Quality Planning and Standards, Research Triangle

Park, NC 27711;

(3) “User’s Manual for the Plume Visibility Model (PLUVUE

II) (Revised),” EPA

- 454/B

- 92

- 008, US EPA, Office of Air

Q uality Planning and Standards, Research Triangle Park,

NC 27711 (for Level

- 3 Visibility Analysis)