(Adopted: 02/15/11) 

AVAQMD RULE 315 315-1

Federal Clean Air Act Section 185 Penalty 

Rule 315 

Federal Clean Air Act Section 185 Penalty 

(A) General 

(1) Purpose 

The purpose of this rule is to implement mandatory penalty pursuant to Section 

185 of the Federal Clean Air Act (42 U.S.C. §7511d) within the Southeast Desert 

Modified Air Quality Maintenance Area (AQMA). 

(2) Applicability 

(a) This rule is applicable to any Facility within the AQMA which emits or 

has the potential to emit nitrogen oxides (NOx) or volatile organic 

compounds (VOC) in an amount sufficient to make it a Major Facility as 

defined in District Rule 1301. 

(b) This rule shall be applicable if the AQMA fails to demonstrate attainment 

of the federal one-hour ambient air quality standard for ozone by 2007. 

(c) This rule shall cease to be applicable when the AQMA is designated as 

attaining either the one-hour or eight-hour national ambient air quality 

standard for ozone. 

(3) Exemption 

No facility otherwise subject to this rule shall be required to remit Federal Clean 

Air Act Section 185 penalty during any calendar year in which all Facilities 

subject to such penalties within the AQMA cumulatively emit verified actual 

emissions equal to or less than 80 percent of their combined Baseline Emissions 

amounts. 

(B) Definitions 

For the purposes of this rule the definitions contained in District Rule 1301 shall apply 

unless otherwise defined below. 

(1) “Actual Emissions” – Actual total facility calendar year emissions to atmosphere 

of each of NOx and VOC reported to the District through a verified emission 

inventory. Fugitive Emissions from a Facility shall not be included in the 

calculation unless the Facility belongs to one of the twenty-seven major source 

categories listed under subsection 2 of the definition of “major source” in 40 CFR 

51.165(a)(1)(iv)(C). 
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(2) “Baseline Emissions” – Baseline emissions are calculated for each of NOx and 

VOC for which the source is classified as a Major Facility, in accordance with 

Section D below. 

(3) “Clean Unit” – A Permit Unit that is complying with permit conditions that have 

been determined to meet the definition of Best Available Control Technology 

and/or Lowest Achievable Emission Rate for NOx and VOC. 

(4) “Southeast Desert Modified Air Quality Maintenance Area (AQMA)” – The area 

described in 40 CFR §81.167. The entirety of the District is within the Southeast 

Desert Modified Air Quality Maintenance Area. 

(C) Requirements 

(1) Verification of Actual Emissions 

(a) Any facility subject to the provisions of this rule shall, upon written 

request by the APCO, submit a verified inventory of Actual Emissions. 

(2) Collection of Penalty 

(a) Beginning in the year this rule is adopted, the APCO shall, for each 

facility subject to the provisions of this rule, notify the facility by mail of 

the penalty amount due and payable and the date the penalty is due. If the 

penalty is not paid by the due date specified in the notice, the subject 

facility permits will be suspended and a suspension notification will be 

made by mail. A suspended permit may be reinstated by payment of the 

applicable penalty. 

(D) Calculations 

(1) Baseline Emissions for a Facility shall be calculated as specified below: 

(a) For a Facility that began operation prior to 2007, the Baseline Emissions 

shall be the lower of the Actual Emissions during 2007 or the amount of 

emissions allowed by permit condition. 

(b) For a facility that began operation during 2007, the Baseline Emissions 

shall be the lower of: 

i. The amount of emissions allowed by permit condition, or 

ii. The Actual Emissions from the operation period extrapolated over 

calendar year 2007. 

(c) For a facility that begins operation after 2007, the Baseline Emissions 

shall be the amount allowed under the applicable implementation plan. 

(d) For an irregular, cyclical or otherwise significantly varying Facility that 

began operation prior to 2003, Baseline Emissions may be calculated as 

the average of the verified Actual Emissions for any two years of the 

years 2003 through 2007 that the APCO determines are the most 
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Federal Clean Air Act Section 185 Penalty 

representative of operation, if the facility demonstrates in writing to the 

satisfaction of the APCO and USEPA that they are not a regular Facility. 

(e) For a facility that includes a Clean Unit, Baseline Emissions may be 

calculated pursuant to subsection a through d above excluding the 

emissions from all Clean Units, if the Facility demonstrates in writing to 

the satisfaction of the APCO and USEPA that the Facility includes a Clean 

Unit. 

(2) Penalty Determination 

(a) The penalty for a Facility shall be $5,000, adjusted pursuant to subsection 

(D)(2)(b), per ton of Actual Emissions during a calendar year that exceed 

80% of the baseline emissions, as specified below: 

P = 5000 ×[Ea − ( 8.0 × Eb)]×C

P = Penalty (in dollars) 

Ea = Actual Emissions 

Eb = Baseline Emissions 

C = Percent change in the Consumer Price Index as determined by 

subsection (D)(2)(b) 

(b) The change in the Consumer Price Index shall be determined in 

accordance with the provisions of 42 U.S.C. §7511d(b)(3) (Federal Clean 

Air Act §185(b)(3)) and 42 U.S.C. §7661a(b0(3)(B)(v) (Federal Clean Air 

Act §502(b)(3)(B)(v)). 

See SIP Table at http://www.avaqmd.ca.gov/Modules/ShowDocument.aspx?documentid=921
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