( 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 standar d 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 nationa l 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 yea r in which all Facilities subject to such penalties within the AQMA cumulativ ely 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 conta ined in District Rule 1301 shall apply unless otherwise defined below. (1) “Actual Emissions ” – Actual total facility calendar year emissions t o atmosphere of each of NOx and VOC reported to the District thr ough a verified emission inventory. Fugitive Emissions from a Facility shal l not be included in the calculation unless the Facility belongs to one of t he twenty-seven major source categories listed under subsection 2 of the definit ion of “major source” in 40 CFR 51.165(a)(1)(iv)(C).315-2 AVAQMD Rule 315 Federal Clean Air Act Section 185 Penalty (2) “Baseline Emissions ” – Baseline emissions are calculated for each of N Ox and VOC for which the source is classified as a Major F acility, in accordance with Section D below. (3) “Clean Unit ” – A Permit Unit that is complying with permit con ditions that have been determined to meet the definition of Best Avai lable Control Technology and/or Lowest Achievable Emission Rate for NOx and VOC. (4) “Southeast Desert Modified Air Quality Maintena nce Area (AQMA) ” – The area described in 40 CFR §81.167. The entirety of the D istrict 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, no tify 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 th e 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 calc ulated as specified below: (a) For a Facility that began operation prior to 20 07, the Baseline Emissions shall be the lower of the Actual Emissions during 2 007 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 condit ion, 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 im plementation plan. (d) For an irregular, cyclical or otherwise signifi cantly varying Facility that began operation prior to 2003, Baseline Emissions m ay be calculated as the average of the verified Actual Emissions for an y two years of the years 2003 through 2007 that the APCO determines ar e the mostAVAQMD Rule 315 315-3

Federal Clean Air Act Section 185 Penalty

representative of operation, if the facility demons trates in writing to the satisfaction of the APCO and USEPA that they are no t a regular Facility. (e) For a facility that includes a Clean Unit, Base line Emissions may be calculated pursuant to subsection a through d above excluding the emissions from all Clean Units, if the Facility dem onstrates in writing to the satisfaction of the APCO and USEPA that the Fac ility includes a Clean Unit. (2) Penalty Determination (a) The penalty for a Facility shall be $5,000, adj usted pursuant to subsection (D)(2)(b), per ton of Actual Emissions during a cal endar year that exceed 80% of the baseline emissions, as specified below: 

## ( ) 

## [ ] C

E E P b

a × ×

− × = 8.0 5000 P = Penalty (in dollars) E a = Actual Emissions E b = Baseline Emissions C = Percent change in the Consumer Price Index as d etermined 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=921315-4 AVAQMD Rule 315 Federal Clean Air Act Section 185 Penalty This page intentionally left blank.