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(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)

RULE 1303. REQUIREMENTS

(a) Best Available Control Technology:

(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 Best Available Control Technology 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. Best Available Control Technology for other source

categories shall be determined on a case-by-case basis using the definition of Best

Available Control Technology in Rule 1302 and the general administrative

procedures and requirements of the Best Available Control Technology Guidelines.

(3) Where the requirement of paragraph (a)(1) is applicable to a small business that is

not a major polluting facility, the Executive Officer or designee shall consider cost in

determining the level of Best Available Control Technology required for new or

modified sources at such a facility, provided that the applicant fully substantiates his

eligibility as a small business as defined in Rule 1302. Notwithstanding the

preceding sentence, Best Available Control Technology for such sources shall be at

least as stringent as Lowest Achievable Emission Rate as defined in the federal

Clean Air Act Section 171(3) [42 U.S.C. Section 7501(3)].

(4) The Best Available Control Technology requirements of this paragraph shall apply

regardless of any modeling or offset exemption in Rule 1304.

(b) The Executive 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 May 10, 1996)

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(1) Modeling

The applicant substantiates with modeling, according to Appendix A or other

analysis approved by the Executive Officer or designee, that the new facility or

modification will not cause a significant increase in an air quality concentration as

specified in Table A-2 of Appendix A.

(2) Emission Offsets

Unless exempt from offsets requirements pursuant to Rule 1304, emission increases

shall 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. 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 located

in the Southeast Desert Air Basin, where the offset ratio for Emission Reduction

Credits only shall be 1.2-to-1.0 for VOC, NOX, SOX and PM10 and 1.0-to-1.0 for

CO.

(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 obtain 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 impacted 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 polluting facility or major

modification at an existing major polluting facility shall comply with the following

requirements:

(A) Alternative Analysis

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

environmental control techniques for such proposed source and

demonstrate that the benefits of the proposed project outweigh the

environmental and social costs associated with that project.
Rule 1303 (Cont.) (Amended May 10, 1996)

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(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 California 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 visibility 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 PM10 or

40 tons/year of NOX; and the location of the source, relative to the

closest boundary of a specified 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:

(I) deem a permit application complete only when the applicant

has complied with the requisite modeling analysis for plume

visibility pursuant to clause (b)(5)(C)(i);
Rule 1303 (Cont.) (Amended May 10, 1996)

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(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 Federal 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.

(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 nonair quality 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

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

compliance with the California Environmental Quality Act in the following

manner:
Rule 1303 (Cont.) (Amended May 10, 1996)

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(i) if the proposed project is exempt from California Environmental

Quality Act analysis pursuant to a statutory 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 California 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 environmental 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 May 10, 1996)

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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 increase in air

quality concentration will not occur. Modeling for VOC and SOX is not required.

Table A-1 of the screening analysis is subject to change by the Executive 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 NOx CO PM10

(million BTUs/hr) (lbs/hr) (lbs/hr) (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 7.9
Rule 1303 (Cont.) (Amended May 10, 1996)

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TABLE A-2

Most Stringent Ambient Air Quality Standard and

Allowable Change in Concentration

For Each Air Contaminant/Averaging Time Combination

Most Stringent Significant Change in

Air Averaging Air Quality Air Quality

Contaminant Time Standard Concentration

------------------ ------------- ------------ -------------- ------------- ------------

-

Nitrogen 1-hour 25 pphm 500 ug/m3 1 pphm 20 ug/m3

 Dioxide Annual 5.3 pphm 100 ug/m3 0.05 pphm 1 ug/m3

Carbon 1-hour 20 ppm 23 mg/m3 1 ppm 1.1 mg/m3

 Monoxide 8-hour 9.0 ppm 10 mg/m3 0.45 ppm 0.50 mg/m3

Suspended 24-hour 50 ug/m3 2.5 ug/m3

 Particulate

 Matter-<10um Annual 

 (PM10) Geometric Mean 30 ug/m3 1 ug/m3

Sulfate 24-hour 25 ug/m3 1 ug/m3
Rule 1303 (Cont.) (Amended May 10, 1996)

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Rule 1303 (Cont.) (Amended May 10, 1996)

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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

plume 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 Executive 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 model 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 approval by the Executive Officer, in
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consultation with 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 Quality Model (Revised)” (1986), supplement A

(1987), supplement B (1993) and supplement C (1994), EPA450/2-78-027R, US EPA, Office of Air Quality Planning and

Standards Research Triangle Park, NC 27711; and

(2) “Workbook for Plume Visual Impact Screening 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 Quality

Planning and Standards, Research Triangle Park, NC 27711 (for

Level-3 Visibility Analysis)