SJVUAPCD 2201 - 1 12/19/02

RULE 2201 NEW AND MODIFIED STATIONARY SOURCE REVIEW RULE (Adopted

September 19, 1991; Amended March 11, 1992; Amended October 29, 1992;

Amended December 17, 1992; Amended October 21, 1993; Amended June 15,

1995; Amended August 20, 1998; Amended June 21, 2001 but not effective until

August 20, 2001; Amended April 25, 2002; Amended December 19, 2002)

1.0 Purpose

The purpose of this rule is to provide for the following:

1.1 The review of new and modified Stationary Sources of air pollution and to provide

mechanisms including emission trade-offs by which Authorities to Construct such

sources may be granted, without interfering with the attainment or maintenance of

Ambient Air Quality Standards; and

1.2 No net increase in emissions above specified thresholds from new and modified

Stationary Sources of all nonattainment pollutants and their precursors.

2.0 Applicability

This rule shall apply to all new stationary sources and all modifications to existing

stationary sources which are subject to the District permit requirements and after

construction emit or may emit one or more affected pollutant. The requirements of this rule

in effect on the date the application is determined to be complete by the Air Pollution

Control Officer (APCO) shall apply to such application except as provided in Section 2.1.

2.1 The requirements of this rule in effect on the date that the rule was most recently

amended shall apply to all applications that have not been deemed complete before

that date.

3.0 Definitions

3.1 Actual Emissions: emissions having occurred from a source, based on source test

or monitoring data, actual fuel consumption, and process data. If source test or

monitoring data is not available, other appropriate, APCO-approved, emission

factors may be used.

3.2 Actual Emissions Reduction (AER): the decrease of actual emissions, compared to

the Baseline Period, from an emissions unit and selected for use as emission offsets

or ERC banking. AER shall meet the following criteria:

3.2.1 Shall be real, enforceable, quantifiable, surplus, and permanent.

3.2.2 To be considered surplus, AER shall be in excess, at the time the

application for an Emission Reduction Credit or an Authority to Construct

authorizing such reductions is deemed complete, of any emissions reduction

which:
SJVUAPCD 2201 - 2 12/19/02

3.2.2.1 Is required or encumbered by any laws, rules, regulations,

agreements, orders, or

3.2.2.2 Is attributed to a control measure noticed for workshop, or

proposed or contained in a State Implementation plan, or

3.2.2.3 Is proposed in the APCO's adopted air quality plan pursuant to the

California Clean Air Act.

3.2.3 Emissions reductions attributed to a proposed control measure, which are

excluded pursuant to Section 3.2.2.2 and 3.2.2.3 may be reeligible as AER

if the control measures identified in the District Air Quality Plan or State

Implementation Plan (SIP), are determined not to be necessary for

attainment or maintenance of Ambient Air Quality Standards and the APCO

and United States Environmental Protection Agency (EPA) have approved

amendments to the plan or SIP to reflect this determination.

3.3 Administrative Change : a change to an existing permit that:

3.3.1 Corrects typographical errors; or

3.3.2 Identifies a change in the name, address, or phone number of any person

identified in the permit, or provides a similar minor administrative change

at the source; or

3.3.3 Changes the components of emissions monitoring equipment or other

components, which have no effect on the quantity of emissions from an

emissions unit, or

3.3.4 Allows for the change of ownership or operational control of a source

where the APCO determines that no other change is necessary.

3.4 Affected Pollutants: those pollutants for which an Ambient Air Quality Standard

has been established by the EPA or by the California Air Resources Board, (ARB),

and the precursors to such pollutants, and those pollutants regulated by the EPA

under the Federal Clean Air Act or by the ARB under the Health and Safety Code

including, but not limited to, VOC, NOx, SOx, PM10, CO, and those pollutants

which the EPA, after due process, or the ARB or the APCO, after public hearing,

determine may have a significant adverse effect on the environment, the public

health, or the public welfare.

3.5 Air Quality Improvement Deduction: a 10 percent discount factor applied to

Actual Emission Reductions (AER) before the AER is eligible for banking.

3.6 Ambient Air Quality Standards: include State and National Ambient Air Quality

Standards. (In the inclusion of this rule in the State Implementation Plan, all

references in this rule to Ambient Air Quality Standards shall be interpreted as

National Ambient Air Quality Standards.)
SJVUAPCD 2201 - 3 12/19/02

3.7 Baseline Emissions (BE): for a given pollutant, shall be equal to the sum of:

3.7.1 The pre-project Potential to Emit for:

3.7.1.1 Any emissions unit located at a non-Major Source,

3.7.1.2 Any Highly-Utilized Emissions Unit, located at a Major Source,

provided that if the unit has a Specific Limiting Condition (SLC),

all units combined under the SLC have an average combined

annual Actual Emissions during the two consecutive years

immediately prior to filing of an application for an Authority to

Construct equal to or greater than 80% of the units’ pre-project

SLC limit,

3.7.1.3 Any Fully-Offset Emissions Unit, located at a Major Source,

provided that if the unit has a SLC, all units under the SLC also

qualify as Fully Offset Emissions Units, or

3.7.1.4 Any Clean Emissions Unit, located at a Major Source, provided

that if the unit has a SLC, all units under the SLC also qualify as

Clean Emissions Units.

3.7.2 The Historic Actual Emissions (HAE) for emissions units not specified in

Section 3.7.1.

3.8 Baseline Period: a period of time equal to either

3.8.1 the two consecutive years of operation immediately prior to the submission

date of the Complete Application; or

3.8.2 at least two consecutive years within the five years immediately prior to the

submission date of the Complete Application if determined by the APCO as

more representative of normal source operation; or

3.8.3 a shorter period of at least one year if the emissions unit has not been in

operation for two years and this represents the full operational history of the

emissions unit, including any replacement units; or

3.8.4 zero years if an emissions unit has been in operation for less than one year

(only for use when calculating AER).

3.9 Best Available Control Technology (BACT): is the most stringent emission

limitation or control technique of the following:

3.9.1 Achieved in practice for such category and class of source;

3.9.2 Contained in any State Implementation Plan approved by the

Environmental Protection Agency for such category and class of source.
SJVUAPCD 2201 - 4 12/19/02

A specific limitation or control technique shall not apply if the owner of

the proposed emissions unit demonstrates to the satisfaction of the APCO

that such a limitation or control technique is not presently achievable; or

3.9.3 Contained in an applicable federal New Source Performance Standard; or

3.9.4 Any other emission limitation or control technique, including process and

equipment changes of basic or control equipment, found by the APCO to

be cost effective and technologically feasible for such class or category of

sources or for a specific source.

3.10 Biomass-fired power facility: A facility generating electrical power and fueled

exclusively on biomass fuels consisting of at least 90% of one or more of the

following constituents: alfalfa, barley, beanstraw, corn, oats, wheat, orchard and

vineyard pruning, and forest residues. Grape stems, grape pumice, almond and

walnut shells, construction wood waste, urban wood waste, and lawn trimmings

are not considered biomass fuels.

3.11 Cargo Carriers: trains dedicated to a specific Stationary Source and vessel

dockside activities as defined in 45 Federal Register 52696 (August 7, 1980) for

vessels dedicated to a specific Stationary Source. Motor vehicles, as defined by

the Vehicle Code of the State of California, are not considered Cargo Carriers.

3.12 Clean Emissions Unit: for a given pollutant, an emissions unit that meets one of the

following criteria:

3.12.1 The unit is equipped with an emissions control technology with a

minimum control efficiency of at least 95% (or at least 85% for lean-burn,

internal combustion engines); or

3.12.2 The unit is equipped with emission control technology that meets the

requirements for achieved-in-practice BACT as accepted by the APCO

during the five years immediately prior to the submission of the complete

application.

3.13 Complete Application: an application for an Emission Reduction Credit or an

Authority to Construct for a new or modified emissions unit which has been

evaluated and found to include all information necessary to determine compliance

with applicable rules and requirements.

3.14 Contemporaneous Period: A period of five consecutive years immediately prior to

the date of initiating construction on a new or modified emissions unit.

3.15 Contemporaneous Increase in Permitted Emissions: an increase in permitted

emissions authorized at a Stationary Source during a Contemporaneous Period.
SJVUAPCD 2201 - 5 12/19/02

3.16 Contiguous or Adjacent Property: a property consisting of two or more parcels of

land with a common point or boundary, or separated solely by a public roadway or

other public right-of-way.

3.17 Daily Emissions Limitation (DEL): one or more permit conditions which restrict a

unit's maximum daily emissions, to a level at or below the emissions associated

with the maximum design capacity. A daily emissions limitation must be:

3.17.1 Contained in the latest Authority to Construct and contained in or

enforceable by the latest Permit to Operate for the emissions unit; and

3.17.2 Enforceable, in a practical manner, on a daily basis.

3.18 Emissions Unit: an identifiable operation or piece of process equipment such as a

source operation which emits, may emit, or results in the emissions of any affected

pollutant directly or as fugitive emissions.

3.19 Fugitive Emissions: emissions that could not reasonably pass through a vent,

chimney, stack, or other functionally equivalent opening. Emissions that are not

vented through a stack but can reasonably be captured and vented through a stack

are not considered Fugitive. Fugitive emissions shall be included in all

calculations, except as provided in Section 3.24.

3.20 Fully Offset Emissions Unit: for a given pollutant, an emissions unit for which

3.20.1 Offsets have been provided for the unit’s full potential to emit; or

3.20.2 Offsets have been provided for the entire stationary source’s potential to

emit in excess of the offset trigger level; or

3.20.3 Offsets have previously been provided for the stationary source’s NSR

balance as calculated pursuant to the NSR rule in effect at the time of the

offset action, and the emissions unit was installed after the County

baseline date as indicated below:

Table 3-1, County Baseline Dates

COUNTY BASELINE DATE

San Joaquin County May 29, 1979

Stanislaus County June 19, 1979

Merced, Madera, or Kings County May 21, 1979

Fresno County Oil Fields September 20, 1983

Fresno County all other sources January 1, 1977
SJVUAPCD 2201 - 6 12/19/02

Tulare County June 26, 1979

September 12, 1979

Kern County

Heavy Oil Production

June 22, 1987 for heavy oil production operations

with negative cumulative net emissions change as of

June 22, 1987

Kern County all other sources December 28, 1976

3.21 Heavy Oil: crude oil having an American Petroleum Institute gravity of 20 degrees

or less as determined by test method ASTM 287-82.

3.22 Highly Utilized Emissions Unit: for a given pollutant, an emissions unit for which

the average annual Actual Emissions during the two consecutive years immediately

prior to filing of an application for an Authority to Construct were equal to or

greater than 80% of the unit’s pre-project Potential to Emit. The unit must have

been in operation for at least two years and, during that entire period, the unit must

have complied with all applicable emission limits and performance standards.

3.23 Historical Actual Emissions (HAE): Actual Emissions occurring during the

Baseline Period, after discounting for:

3.23.1 Any emissions reductions required or encumbered by any laws, rules,

regulations, agreements, orders, or permits; and

3.23.2 Any emissions reductions attributed to a control measure noticed for

workshop, or proposed or contained in a State Implementation Plan, and

3.23.3 Any emissions reductions proposed in the District air quality plan for

attaining the annual reductions required by the California Clean Air Act,

and

3.23.4 Any Actual Emissions in excess of those required or encumbered by any

laws, rules, regulations, orders, or permits. For units covered by a

Specific Limiting Condition (SLC), the total overall HAE for all units

covered by SLC must be discounted for any emissions in excess of that

allowed by the SLC.

3.24 Major Modification: as defined in 40 CFR Part 51.165.

3.25 Major Source: for each pollutant, a Stationary Source with post-project emissions

or a post-project Stationary Source Potential to Emit (SSPE2), equal to or

exceeding one or more of the following threshold values.

3.25.1 For determining major source status, fugitives shall only be included for

calculating the air pollutant post-project emissions or SSPE2 if the source

is included in the list of source categories identified in the major source

definition in 40 CFR Part 70.2, or when determining if a stationary source

is a major air toxics source as defined in Rule 2520.
SJVUAPCD 2201 - 7 12/19/02

Table 3-2, Major Source Emission Thresholds

POLLUTANT THRESHOLD (POUNDS PER YEAR)

VOC 50,000

NOx 50,000

CO 200,000

PM10 140,000

SOx 140,000

3.25.2 For the purpose of determining major source status, the SSPE2 shall not

include the quantity of emission reduction credits (ERC) which have been

banked since September 19, 1991 for Actual Emissions Reductions that

have occurred at the source, and which have not been used on-site. This

ERC quantity includes all ERC held as certificates and all emission

reduction credits that have been sold or transferred.

3.26 Modification:

3.26.1 An action including at least one of the following items:

3.26.1.1 Any change in hours of operation, production rate, or method

of operation of an existing emissions unit, which would

necessitate a change in permit conditions.

3.26.1.2 Any structural change or addition to an existing emissions unit

which would necessitate a change in permit conditions.

Routine replacement shall not be considered to be a structural

change.

3.26.1.3 An increase in emissions from an emissions unit caused by a

modification of the Stationary Source when the emissions unit

is not subject to a daily emissions limitation.

3.26.1.4 Addition of any new emissions unit which is subject to

District permitting requirements.

3.26.1.5 A change in a permit term or condition proposed by an

applicant to obtain an exemption from an applicable

requirement to which the source would otherwise be subject.

3.26.2 A reconstructed Stationary Source shall be treated as a new Stationary

Source and not as a modification.

3.26.3 Unless previously limited by a permit condition, the following shall not

be considered a modification:

3.26.3.1 A change in ownership of an existing emissions unit with valid

Permit to Operate provided that the APCO determines that all
SJVUAPCD 2201 - 8 12/19/02

applicable offset provisions required by the Permit to Operate

will be met;

3.26.3.2 A change in ownership of an entire existing Stationary Source

with a valid Permit to Operate;

3.26.3.3 A change which consists solely of a transfer of location of an

emissions unit within a Stationary Source; or

3.26.3.4 Routine replacement of a whole or partial emissions unit

where the replacement part is the same as the original

emissions unit in all respects except for the serial number.

3.27 Potential to Emit: the maximum capacity of an emissions unit to emit a pollutant

under its physical and operational design. Any physical or operational limitation

on the capacity of the source to emit a pollutant, including pollution control

equipment and restrictions in hours of operation or on the type or amount of

material combusted, stored, or processed, shall be treated as part of its design only

if the limitation or the effect it would have on emissions is incorporated into the

applicable permit as an enforceable permit condition.

3.28 PM10: particulate matter with an aerodynamic diameter smaller than or equal to a

nominal ten microns as measured by an applicable reference test method or

methods found in Article 2, Subchapter 6, Title 17, California Code of Regulations

(commencing with Section 94100).

3.29 Precursor: a directly emitted air contaminant that, when released into the

atmosphere, forms or causes to be formed or contributes to the formation of a

secondary air contaminant for which an Ambient Air Quality Standard has been

adopted, or whose presence in the atmosphere will contribute to the violation of

one or more Ambient Air Quality Standards. The following precursor-secondary

air contaminant relationships shall be used for the purposes of this rule:

Table 3-3, Precursors

PRECURSOR SECONDARY AIR CONTAMINANT

Volatile Organic Compounds a. Photochemical oxidants (Ozone)

b. The organic fraction of PM10

Nitrogen Oxides

a. Nitrogen Dioxide

b. The nitrate fraction of PM10

c. Photochemical oxidants (Ozone)

Sulfur Oxides

a. Sulfur dioxide

b. Sulfates

c. The sulfate fraction of PM10

3.30 Quarter: for a non-Seasonal Source, this is defined as a calendar quarter. For a

Seasonal Source, a quarter is defined as the entire operating season.
SJVUAPCD 2201 - 9 12/19/02

3.31 Reasonable Further Progress: as defined by the federal Clean Air Act, Section

182(c)(2)(b).

3.32 Reconstructed Source: any Stationary Source undergoing reconstruction where the

fixed capital cost of the new components exceeds 50% of the fixed capital cost of a

comparable, entirely new Stationary Source. Fixed capital cost is the capital

needed to provide depreciable components. Reconstructed Source cost shall

include only the cost of all emission-producing equipment and associated integral

activities at the stationary source. A reconstructed Stationary Source shall be

considered a new Stationary Source and not as a modification of an existing

Stationary Source.

3.33 Routine Replacement: routine replacement in whole or in part of any article,

machine, equipment, or other contrivance with a valid District Permit To Operate

provided that all of the following conditions are met:

3.33.1 There is no increase in permitted emissions from the Stationary Source.

3.33.2 There is no increase in design capacity, unless an old part is no longer

available in which case the replacement can result in a design capacity

increase of up to 10%. No change to the permitted throughput or

emissions is authorized due to a change in design capacity as part of

routine replacement. Such changes shall require application for permit

modification.

3.33.2.1 Permitted throughputs are throughput limits upon which

emission calculations are, or could be, based.

3.33.2.2 If there are no throughput limiting conditions, permitted

throughput shall be a throughput rate which affects emissions.

3.33.3 The replacement equipment performs the same function as the equipment

being replaced.

3.33.4 The replacement does not constitute a Reconstructed Source (as defined

by this rule) or Reconstruction (as defined by any applicable New Source

Performance Standard). Reconstructed Source cost shall include only the

cost of all emission-producing equipment and associated integral

activities at the stationary source.

3.33.5 When the entire emissions unit is replaced as a routine replacement

action, the emissions unit shall either have been addressed by a BARCT

rule or shall be equipped with a control device capable of at least 85%

emission control.

3.34 Seasonal Source: any Stationary Source with more than 90% of its annual

emissions occurring within a consecutive 120-day period.
SJVUAPCD 2201 - 10 12/19/02

3.35 Specific Limiting Condition (SLC): permit terms or conditions, which can be

enforced in a practical manner, contained in Authorities to Construct and Permits to

Operate and established pursuant to New Source Review provisions that restrict

the total overall permitted emissions from two or more emissions units.

3.36 Stationary Source: any building, structure, facility, or installation which emits or

may emit any affected pollutant directly or as a fugitive emission. Building,

structure, facility or installation includes all pollutant emitting activities including

emissions units which:

3.36.1 Are under the same or common ownership or operation, or which are

owned or operated by entities which are under common control; and

3.36.2 Belong to the same industrial grouping either by virtue of falling within

the same two-digit standard industrial classification code or by virtue of

being part of a common industrial process, manufacturing process, or

connected process involving a common raw material; and

3.36.3 Are located on one or more contiguous or adjacent properties; or

3.36.4 Are located on one or more properties wholly within either the Western

Kern County Oil Fields or the Central Kern County Oil Fields or Fresno

County Oil Fields and are used for the production of light oil, heavy oil or

gas. Notwithstanding the provisions of this definition, light oil

production, heavy oil production, and gas production shall constitute

separate Stationary Sources.

3.37 Stationary Source Project: A single permitting action involving the modification,

addition or shutdown of one or more emissions units. If any increase in emissions

from a new or modified emissions unit is permitted based on emission reductions

from one or more emissions units included in the stationary source project, the

following condition must also be met:

3.37.1 The modification or shutdown resulting in the necessary emission

reductions shall occur not later than the date of initial operation of the

new or modified emissions unit. If the new or modified emissions unit is,

in whole or in part, a replacement for an existing emissions unit at the

same stationary source, the APCO may allow a maximum of 90 days as a

start up period for simultaneous operation of the existing emissions unit

and the replacement emissions unit.

3.38 Temporary Replacement Emissions Unit (TREU): an emissions unit which is at a

Stationary Source for less than 180 days in any twelve month period and replaces

an existing emissions unit which is shutdown for maintenance or repair.

3.38.1 The Potential to Emit from a TREU must not exceed the Potential to Emit

from the existing emissions unit.
SJVUAPCD 2201 - 11 12/19/02

3.38.2 If a TREU is used to replace a TREU, the combined time at the Stationary

Source for the two TREU shall not exceed a total of 180 days in any

twelve-month period.

3.38.3 An emissions unit not removed from the Stationary Source within 180

days is not a TREU.

3.39 Title I Modification: the same as a Major Modification.

4.0 Source Requirements

4.1 Best Available Control Technology (BACT): BACT requirements shall be

triggered on a pollutant-by-pollutant basis and on an emissions unit-by-emissions

unit basis. Unless exempted pursuant to Section 4.2, BACT shall be required for

the following actions:

4.1.1 Any new emissions unit or relocation from one Stationary Source to

another of an existing emissions unit with a Potential to Emit exceeding

2.0 pounds in any one day;

4.1.2 Modifications to an existing emissions unit with a valid Permit to Operate

resulting in an Adjusted Increase in Permitted Emissions (AIPE)

exceeding 2.0 pounds in any one day, and,

4.1.3 Any new or modified emissions unit, in a stationary source project, which

results in a Title I Modification, as defined in this rule.

4.2 BACT Exemptions: BACT shall not be required for the following:

4.2.1 CO emissions from a new or modified emissions unit at a Stationary

Source with a post project Stationary Source Potential to Emit (SSPE2) of

less than 200,000 pounds CO per year.

4.2.2 Cargo Carriers;

4.2.3 For existing facilities, the installation or modification of an emission

control technique performed solely for the purpose of compliance with the

requirements of District, State or Federal air pollution control laws,

regulations, or orders, as approved by the APCO, shall be exempt from

Best Available Control Technology for all air pollutants, provided all of

the following conditions are met:

4.2.3.1 There shall be no increase in the physical or operational design

of the existing facility, except for those changes to the design

needed for the installation or modification of the emission

control technique itself;
SJVUAPCD 2201 - 12 12/19/02

4.2.3.2 There shall be no increase in the permitted rating or permitted

operating schedule of the permitted unit;

4.2.3.3 There shall be no increase in emissions from the stationary

source that will cause or contribute to any violation of a

National Ambient Air Quality Standard, Prevention of

Significant Deterioration increment, or Air Quality Related

Value in Class I areas; and

4.2.3.4 The project shall not result in an increase in permitted emissions

or potential to emit of more than 25 tons per year of NOx, or 25

tons per year of VOC, or 15 tons per year of SOx, or 15 tons per

year of PM-10, or 50 tons per year of CO.

4.2.4 New emissions unit or modification of an existing emissions unit for

voluntary reduction in emissions, for the sole purpose of generating

emission reduction credits. This exemption applies only to the pollutant

for which emission reduction credits are obtained. BACT may be

required for other affected pollutants;

4.2.5 Temporary Replacement Emissions Units;

4.2.6 Routine Replacement; or

4.2.7 Transfer of location of emissions units within the same stationary source.

4.3 Adjusted Increase in Permitted Emissions (AIPE) Calculations: Adjusted Increase

in Permitted Emissions shall be calculated as

AIPE = PE2 - HAPE

where,

AIPE = Adjusted Increase in Permitted Emissions, pounds per day

PE2 = the emissions units post project Potential to Emit, pounds per day

HAPE = the emissions unit’s Historically Adjusted Potential to Emit, pounds per

day

4.4 Historically Adjusted Potential to Emit (HAPE) Calculations: Historically

Adjusted Potential to Emit shall be calculated as

HAPE = PE1 x (EF2 / EF1)

where,

PE1 = The emissions unit’s Potential to Emit prior to modification or relocation

EF2 = The emissions unit’s permitted emission factor for the pollutant after

modification or relocation. If EF2 is greater than EF1 then EF2/EF1 shall

be set to 1.

EF1 = The emissions unit’s permitted emission factor for the pollutant before the

modification or relocation

4.5 Emission Offset Requirements:
SJVUAPCD 2201 - 13 12/19/02

4.5.1 If emission offset requirements are triggered pursuant to Section 4.5.3,

emission offsets shall be provided for net emissions increases resulting

from a project. Offset quantities shall be calculated pursuant to Section

4.7.

4.5.2 For Stationary Sources with a quarterly Potential to Emit which remain

constant throughout the year, the amount shall be calculated in pounds per

year. For Stationary Sources with quarterly Potential to Emit that is not

constant throughout the year, and for Seasonal Sources the amount shall be

calculated in pounds per quarter.

4.5.3 Offset requirements shall be triggered on a pollutant-by-pollutant basis.

Unless exempted pursuant to Section 4.6, offsets shall be required if the

post-project Stationary Source Potential to Emit (SSPE2) equals or

exceeds the following offset threshold levels:

Table 4-1, Emissions Offset Threshold Levels

POLLUTANT SSPE2 (POUNDS /YEAR)

VOC 20,000

NOx 20,000

CO (non-attainment areas) 30,000

CO (attainment areas) 200,000

SOx 54,750

PM10 29,200

4.6 Emission Offset Exemptions: Emission offsets shall not be required for the

following:

4.6.1 Increases in carbon monoxide in attainment areas if the applicant

demonstrates to the satisfaction of the APCO, that the Ambient Air Quality

Standards are not violated in the areas to be affected, and such emissions

will be consistent with Reasonable Further Progress, and will not cause

or contribute to a violation of Ambient Air Quality Standards;

4.6.2 Emergency equipment that is used exclusively as emergency standby

equipment for electric power generation or any other emergency

equipment as approved by the APCO that does not operate more than 200

hours per year for non-emergency purposes and is not used pursuant to

voluntary arrangements with a power supplier to curtail power.

Equipment exempted by this section shall maintain a written record of

hours of operation and shall have permit conditions limiting nonemergency operation;

4.6.3 Portable equipment which is registered as such in accordance with the

provisions of Rule 2280 (Portable Equipment Registration) or the

Statewide Portable Equipment Registration Program (California Code of

Regulation Title 13, Article 5, Sections 2450-2465).
SJVUAPCD 2201 - 14 12/19/02

4.6.4 On-site soil or groundwater decontamination performed by, under the

jurisdiction of, or pursuant to the requirements of an authorized health

officer, agricultural commissioner, fire protection officer, or other

authorized government officers, provided emissions do not exceed 4,000

pounds per year of any affected pollutant from all emissions units

associated with decontamination project;

4.6.5 Temporary Replacement Emissions Units.

4.6.6 A transfer of location of an entire Stationary Source within the District,

under the same owner and provided

4.6.6.1 The Potential to Emit of any affected pollutant will not be

greater at the new location than at the previous location when all

emissions units are operated at the same permitted conditions;

and

4.6.6.2 BACT is applied to all emissions units with a Potential to Emit

exceeding 2.0 pounds per day; and

4.6.6.3 The transferred Stationary Source is not added to an existing

Stationary Source.

4.6.7 A transfer of location of an emissions unit from one Stationary Source to

another within the District, under the same owner and provided:

4.6.7.1 The Potential to Emit of any affected pollutant will not be

greater at the new location than at the previous location when all

emissions units are operated at the same permitted conditions,

and

4.6.7.2 The offsets that would be otherwise required for the unit at the

new location have been provided for the emissions unit

previously.

4.6.8 For existing facilities, the installation or modification of an emission

control technique performed solely for the purpose of compliance with the

requirements of District, State or Federal air pollution control laws,

regulations, or orders, as approved by the APCO, shall be exempt from

offset requirements for all air pollutants provided all of the following

conditions are met:

4.6.8.1 There shall be no increase in the physical or operational design

of the existing facility, except for those changes to the design

needed for the installation or modification of the emission

control technique itself;
SJVUAPCD 2201 - 15 12/19/02

4.6.8.2 There shall be no increase in the permitted rating or permitted

operating schedule of the permitted unit;

4.6.8.3 There shall be no increase in emissions from the stationary

source that will cause or contribute to any violation of a

National Ambient Air Quality Standard, Prevention of

Significant Deterioration increment, or Air Quality Related

Value in Class I areas; and

4.6.8.4 The project shall not result in an increase in permitted emissions

or potential to emit of more than 25 tons per year of NOx, or 25

tons per year of VOC, or 15 tons per year of SOx, or 15 tons per

year of PM-10, or 50 tons per year of CO.

4.7 Emission Offset Quantity Calculations:

4.7.1 For pollutants with a pre-project Stationary Source Potential to Emit

(SSPE1) greater than the emission offset threshold levels, emission offsets

shall be provided for

4.7.1.1 All increases in Stationary Source emissions, calculated as the

sum of differences between the post-project Potential to Emit

(PE2) and the Baseline Emissions (BE) of all new and modified

emissions units, plus

4.7.1.2 All increases in Cargo Carrier emissions.

4.7.2 For pollutants with a pre-project Stationary Source Potential to Emit

(SSPE1) less than or equal to the offset threshold levels, emission offsets

shall be provided for

4.7.2.1 All increases in Stationary Source emissions above the offset

trigger levels, calculated as the difference between the SSPE2 and

the offset trigger level, plus

4.7.2.2 All increases in Cargo Carrier emissions.

4.7.3 The quantity of offsets calculated pursuant to Sections 4.7.1 and 4.7.2 shall

be multiplied by the appropriate Distance Offset Ratio to determine the

final quantity of offsets required.

4.7.4 PM10 Emissions: In determining the quantity of required PM10 offsets, the

Total Suspended Particulate Matter (TSP) emissions for which full offsets

have been previously provided shall not be recalculated as PM10.

4.8 Distance Offset Ratio: For offset calculations, the Distance Offset ratio shall be as

shown below:

Table 4-2, Distance Offset Ratio
SJVUAPCD 2201 - 16 12/19/02

ORIGINAL LOCATION OF EMISSION OFFSETS OFFSET RATIO

at the same Stationary Source as the new or modified

emissions unit 1.0

within 15 miles of the new or modified emissions unit’s

Stationary Source

1.2 for Non-Major Sources

1.3 for Major Sources

15 miles or more from the new or modified emissions unit’s

Stationary Source 1.5

4.9 Pre-project Stationary Source Potential to Emit (SSPE1) shall be calculated as the

sum of the following:

4.9.1 The Potential to Emit from all units with valid Authorities to Construct

(ATC) or Permits to Operate (PTO) at the Stationary Source.

4.9.1.1 For a unit with both a valid ATC and a PTO or a unit with

multiple valid ATC, use the ATC or PTO with the highest

potential emissions.

4.9.1.2 For units subject to an SLC, the Potential to Emit shall be based

on the overall Potential to Emit limit for all units covered by the

SLC and not the sum of the individual Potential to Emit of each

emissions unit.

4.9.2 The quantity of emission reduction credits (ERC) which have been banked

since September 19, 1991 for Actual Emissions Reductions that have

occurred at the source, and which have not been used on-site. This quantity

includes all ERC held as certificates and all emission reduction credits that

have been sold or transferred. Reductions shall be added to the SSPE1 as

positive values.

4.10 Post-project Stationary Source Potential to Emit (SSPE2) shall be calculated, on a

pollutant-by-pollutant basis, as the sum of the following:

4.10.1 The Potential to Emit from all units with valid Authorities to Construct or

Permits to Operate at the Stationary Source, except for emissions units

proposed to be shutdown as part of a Stationary Source Project.

4.10.1.1 The Potential to Emit of the post-project Authority to

Construct will be used for new or modified units, provided

that the ATC will include new conditions canceling the

existing ATC or PTO for those units, otherwise use the ATC

or PTO with the highest potential emissions.

4.10.1.2 For units subject to an SLC, the Potential to Emit shall be

based on the overall Potential to Emit limit for all units

covered by the SLC and not the sum of the individual Potential

to Emit of each emissions unit.
SJVUAPCD 2201 - 17 12/19/02

4.10.2 The quantity of emission reduction credits (ERC) which have been

banked since September 19, 1991 for Actual Emissions Reductions that

have occurred at the source, and which have not been used on-site. This

quantity includes all ERC held as certificates and all emission reduction

credits that have been sold or transferred. Reductions shall be added to

the SSPE2 as positive values.

4.11 Calculations involving PM10 emissions

4.11.1 For existing Stationary Sources for which particulate matter emissions

have been calculated as Total Suspended Particulate (TSP), the PM10

emissions shall be recalculated from TSP values using PM10 emission

factors or speciation data.

4.11.2 In the absence of PM10 emissions factors or speciation data, assume 50%

of the total suspended particulates is PM10.

4.11.3 If the applicant has previously provided full offsets for total suspended

particulate matter emissions, those total suspended particulate matter

emissions need not be recalculated as PM10, for the purpose of

determining the quantity of offsets.

4.12 Actual Emissions Reductions (AER) Calculations: Actual Emissions Reductions

shall be calculated, on a pollutant-by-pollutant basis, as follows:

AER = HAE - PE2

where,

HAE = Historic Actual Emissions

PE2 = Post-project Potential to Emit

4.12.1 Prior to banking, AER shall be discounted by 10 percent (10%) for Air

Quality Improvement Deduction, and shall comply with all applicable

provisions of Rule 2301 (Emission Reduction Credit Banking).

4.13 Additional Offset Requirements: Offsets obtained subject to this rule shall comply

with the following provisions:

4.13.1 Major Source shutdowns or permanent curtailments in production or

operating hours of a Major Source may not be used as offsets for

emissions from a Major Source or a Title I modification, unless the ERC,

or the emissions from which the ERC are derived, has been included in an

EPA-approved attainment plan.

4.13.2 Offsets from another district may be used only if the source of the offsets

is within 50 miles of the proposed emissions increases and the APCO has

reviewed the permit conditions issued by the district in which the

proposed offsets are obtained and certifies that such offsets meet the

requirements of this rule and CH&SC Section 40709.6.
SJVUAPCD 2201 - 18 12/19/02

4.13.3 Interpollutant offsets may be approved by the APCO on a case-by-case

basis, provided that the applicant demonstrates to the satisfaction of the

APCO, that the emission increases from the new or modified source will

not cause or contribute to a violation of an Ambient Air Quality Standard.

In such cases, the APCO shall, based on an air quality analysis, impose

offset ratios equal to or greater than the requirements of this rule.

4.13.3.1 In no case shall exempt compounds or the other compounds

excluded from the definition of VOC be used as offsets for

VOC.

4.13.3.2 Interpollutant offsets between PM10 and PM10 precursors

may be allowed.

4.13.3.3 PM10 emissions shall not be allowed to offset NOx or reactive

organic compound emissions in ozone nonattainment areas, nor

be allowed to offset SO2 emissions in sulfate nonattainment

areas.

4.13.3.4 Interpollutant offsets between NOx and VOC may be allowed.

4.13.4 Actual Emissions Reductions (AER) used as offsets must have occurred

during the same calendar quarter as the emissions increases being offset

except as allowed pursuant to Sections 4.13.6 through 4.13.9.

4.13.5 AER used as offsets for a Seasonal Source must have occurred during the

same time period as the proposed source will operate except as allowed

pursuant to Sections 4.13.6 through 4.13.9.

4.13.6 AER used as offsets for a biomass-fired power facility may have

occurred during any quarter.

4.13.7 AER for PM that occurred from October through March, inclusive, may

be used to offset increases in PM during any period of the year.

4.13.8 AER for NOx and VOC that occurred from April through November may

be used to offset increases in NOx and VOC during any period of the year.

4.13.9 AER for CO that occurred from November through February may be used

to offset increases in CO during any period of the year.

4.13.10 AER used as offsets for new and modified Major Sources must be

obtained from an area

4.13.10.1 That has a nonattainment classification that is equal to or

higher than the area in which the new or modified Major

Source is located, and
SJVUAPCD 2201 - 19 12/19/02

4.13.10.2 Where emissions contribute to a violation of a national

Ambient Air Quality Standard in the area in which the new or

modified Major Source is located.

4.13.11 Offsets required as a condition of an Authority to Construct or a Permit to

Operate shall commence not later than the date of initial operation of the

new or modified emissions unit.

4.13.11.1 If the new or modified emissions unit is, in whole or in part, a

replacement for an existing emissions unit at the same

stationary source, the APCO may allow a maximum of 90 days

as a start up period for simultaneous operation of the existing

emissions unit and the replacement emissions unit.

4.13.12 Nothing in this rule shall be construed as requiring ERC used as NSR

offsets to be discounted at time of use, except for the additional offsets as

required by Sections 4.8, 4.13.3, and as described in Section 7.0.

4.14 Additional Source Requirements:

4.14.1 Alternative siting: For those sources for which an analysis of alternative

sites, sizes, and production processes is required under Section 172 of the

Federal Clean Air Act, the applicant shall prepare an analysis

functionally equivalent to the requirements of Division 13, Section 21000

et. seq. of the Public Resources Code.

4.14.2 Ambient Air Quality Standards: Emissions from a new or modified

Stationary Source shall not cause or make worse the violation of an

Ambient Air Quality Standard. In making this determination, the APCO

shall take into account the increases in minor and secondary source

emissions as well as the mitigation of emissions through offsets obtained

pursuant to this rule. Modeling used for the purposes of this rule shall be

consistent with the requirements contained in the most recent edition of

EPA's "Guideline on Air Quality Models" unless the APCO finds such

model is inappropriate for use. After making such a finding, the APCO

may designate an alternative model only after allowing for public

comments and only with the concurrence of the ARB or the EPA.

4.14.2.1 At the discretion of the APCO, a new or modified source

which is not subject to the public noticing requirements of

Section 5.4 shall be exempted from the requirements of

Section 4.14.2.

4.14.3 Compliance by Other Owned, Operated, or Controlled Source: The

owner of a proposed new Major Source or Title I modification shall

demonstrate to the satisfaction of the APCO that all major Stationary

Sources owned or operated by such person (or by any entity controlling,

controlled by, or under common control with such person) in California
SJVUAPCD 2201 - 20 12/19/02

which are subject to emission limitations are in compliance or on a

schedule for compliance with all applicable emission limitations and

standards.

5.0 Administrative Requirements

The administrative requirements of Sections 5.1 through 5.7, inclusive, shall be applied to

all applications for a new or modified emissions unit except for power plants proposed to

be constructed in the District and for which a Notice of Intention (NOI) or Application for

Certification (AFC) has been accepted by the California Energy Commission. For such

power plants, the administrative requirements of Section 5.8 shall apply.

5.1. Complete Application: The APCO shall determine whether the application is

complete not later than 30 days after receipt of the application, or after such longer

time as both the applicant and the APCO may agree.

5.1.1 If the APCO determines that the application is not complete, the applicant

shall be notified in writing of the decision specifying the information

required. Upon receipt of any resubmittal of the application, a new 30-day

period to determine completeness shall begin.

5.1.2 Completeness of an application or resubmitted application shall be

evaluated on the basis of the information requirements set forth in the

District Rules and Regulations as they exist on the date on which the

application or resubmitted application is received.

5.1.3 Upon determination that the application is complete, the APCO shall notify

the applicant in writing.

5.1.4 The APCO may, during the processing of the application, request an 

applicant to clarify, amplify, correct, or otherwise supplement the

information submitted in the application.

5.2 Preliminary Decision: Following acceptance of an application as complete, the

APCO shall perform the evaluations required to determine compliance with this

rule and make a preliminary written decision as to whether an Authority to

Construct should be approved, conditionally approved, or disapproved.

5.2.1 The APCO shall deny any Authority to Construct if the APCO finds that the

subject of the application would not comply with the standards set forth in

this rule or any other District rule.

5.2.2 The decision shall be supported by a succinct, written analysis.
SJVUAPCD 2201 - 21 12/19/02

5.3 Final Action: Within 180 days after acceptance of an application as complete, or

within 180 days after the lead agency has approved the project under the California

Environmental Quality Act, whichever occurs later, the APCO shall take final

action on the application after considering all written comments.

5.4 Public Notification and Publication Requirements: The APCO shall provide public

notification and publication for the following types of applications:

5.4.1 New Major Sources and Title I modifications.

5.4.2 Applications which include a new emissions unit with a Potential to Emit

greater than 100 pounds during any one day for any one affected pollutant;

5.4.3 Modifications that increase the Stationary Source Potential to Emit (SSPE1)

from a level below the emissions offset threshold level to a level exceeding

the emissions offset threshold level for one or more pollutants;

5.4.4 New Stationary Sources with post-project Stationary Source Potential to

Emit (SSPE2) exceeding the emissions offset threshold level for one or

more pollutants;

5.4.5 Any permitting action resulting in a Stationary Source Project Increase in

Permitted Emissions (SSIPE) exceeding 20,000 pounds per year for any one

pollutant.

5.5 Public Notification and Publication Actions: For the types of applications listed in

Section 5.4, the APCO shall perform the following actions:

5.5.1 Within ten (10) calendar days following the preliminary decision the APCO

shall publish in at least one newspaper of general circulation in the District

a notice stating the preliminary decision, noting how pertinent information

can be obtained, and inviting written public comment for a 30 day period

following the date of publication.

5.5.2 No later than the date of publication, the APCO shall transmit to the

applicant its preliminary written decision, the analysis, and a copy of the

notice submitted for publication.

5.5.3 No later than the date of publication, the APCO shall transmit to the EPA

and the ARB and to any person who requests such information, its

preliminary written decision, the analysis, and a copy of the notice

submitted for publication. For new Major Sources and Title I

modifications, the APCO shall also transmit the preliminary written

decision and supporting documents to the EPA.

5.5.4 No later than the time the notice of the preliminary decision is published,

the APCO shall make available for public inspection at the District office

the information submitted by the applicant and the analysis.
SJVUAPCD 2201 - 22 12/19/02

5.5.5 The APCO shall provide written notice of the final action to the applicant,

and the ARB, and shall publish such notice in a newspaper of general

circulation, except that for an application not subject to Section 5.4, the

APCO shall not be subject to this section. In such a case, the applicant

shall receive notification as provided in Rule 2040 (Applications). For

new Major Sources and Title I modifications, the APCO shall also transmit

written notice of the final action to the EPA.

5.5.6 No later than the time of notice of final action is published, the APCO shall

make available for public inspection at the District office a copy of the

notice submitted for publication and all supporting documents.

5.6 Authority to Construct (ATC) - General Conditions

5.6.1 An ATC shall not be issued unless the new or modified source complies

with the provisions of this rule and all other applicable District Rules and

Regulations.

5.6.2 An ATC shall require that the new or modified source be built according to

the specifications and plans contained in the application.

5.6.3 An ATC shall include all those conditions which the APCO deems

necessary to assure construction and operation in the manner assumed in

making the analysis to determine compliance with this rule.

5.6.4 An ATC shall include all those conditions relating to the satisfaction of the

offset requirements of this rule.

5.6.5 An ATC issued for an emissions unit that relies on reduction in emissions

from other units included in the Stationary Source Project, must include a

condition that requires initiating and completing construction on those units

that provide the reduction prior to commencing operation of the unit with

increase in emissions.

5.6.5.1 If the new or modified emissions unit is, in whole or in part, a

replacement for an existing emissions unit at the same stationary

source, the APCO may allow a maximum of 90 days as a start up

period for simultaneous operation of the existing emissions unit

and the replacement emissions unit.

5.7 Permit to Operate (PTO) - General Conditions

5.7.1 A PTO shall require that the new source or modification be operated in the

manner assumed in making the analysis to determine compliance with this

rule and as conditioned in the Authority to Construct.
SJVUAPCD 2201 - 23 12/19/02

5.7.2 A PTO shall include daily emissions limitations and other enforceable

conditions which reflect applicable emission limits including the offset

requirements.

5.7.3 The APCO shall determine if the applicant has complied with all the

conditions in the ATC. The APCO may allow conditions which have not

been met at the time the PTO is issued to be incorporated into the Permit to

Operate, provided that compliance with that condition is demonstrated by a

specified date.

5.7.4 Any source which provides offsets shall be subject to enforceable permit

conditions containing specific operational and emissions limitations, which

ensure that the emissions reductions will be provided in accordance with

the provisions of this rule and shall continue for the reasonably expected

life of the proposed source. Where the source of offsets is not subject to a

permit, a written contract shall be required between the applicant and the

owner of such source, which contract, by its terms, shall be enforceable by

the APCO. The permit and contract shall be submitted to the ARB to be

forwarded to the EPA as part of the State Implementation Plan. A violation

of the emission limitation provisions of any such contract shall be

chargeable to the applicant.

5.7.5 Offsets required as a condition of an ATC or a PTO shall commence not

later than the date of initial operation of the new or modified source,

5.7.5.1 If a new or modified Stationary Source is, in whole or in part, a

replacement for an existing Stationary Source on the same or

contiguous property the APCO may allow a maximum of 90 days

as a start up period for simultaneous operation of the existing

Stationary Source and the new or replacement source.

5.8 Power plants which will be licensed by the California Energy Commission: The

administrative requirements of this section shall be applied to all power plants

proposed to be constructed in the District and for which a Notice of Intention (NOI)

or Application for Certification (AFC) has been accepted by the California Energy

Commission. The APCO may apply for reimbursement of all costs incurred,

including lost fees, in order to comply with the provisions of this section.

5.8.1 Intent to Participate and Preliminary Report: Within 14 days of receipt of a

NOI, the APCO shall notify the ARB and the California Energy Commission

of the APCO's intent to participate in the NOI proceeding. If the APCO

chooses to participate in the NOI proceeding, the APCO shall prepare and

submit a report to the ARB and the California Energy Commission prior to

the conclusion of the nonadjudicatory hearings specified in Section 25509.5

of the Public Resources Code. The report shall include at least:

5.8.1.1 A preliminary specific definition of BACT for the proposed

facility.
SJVUAPCD 2201 - 24 12/19/02

5.8.1.2 A preliminary discussion of whether there is substantial

likelihood that the requirements of this rule and all other District

rules can be satisfied by the proposed facility.

5.8.1.3 A preliminary list of conditions which the proposed facility must

meet in order to comply with this rule or any other applicable

District rules. The preliminary determinations contained in the

report shall be as specific as possible within the constraints of the

information contained in the NOI.

5.8.2 Equivalency of Application for Certification to Application for Authority to

Construct: The APCO shall consider an Application for Certification

(AFC) to be equivalent to an application for an Authority to Construct, and

subject, as such, to all definitions and requirements of this rule.

5.8.3 Upon receipt of an AFC for a power plant, the APCO shall conduct a

Determination of Compliance review. This review shall determine whether

an AFC is complete, and within 20 calendar days of receipt of the AFC, the

APCO shall so inform the California Energy Commission and the applicant

in writing.

5.8.3.1 If the APCO determines that the application is not complete, the

information required shall be specified, and the AFC shall be

returned to the applicant for resubmittal. Upon receipt of any

resubmittal of the application, a new 20 day period to determine

completeness shall begin.

5.8.3.2 Completeness of an application or resubmitted application shall

be evaluated on the basis of the information requirements set forth

in District Rules and Regulations as they exist on the date on

which the application or resubmitted application is received.

5.8.4 The APCO may request from the applicant any information necessary for the

completion of the Determination of Compliance review. If the APCO is

unable to obtain the information, the APCO may petition the presiding

Commissioner of the California Energy Commission for an order directing

the applicant to supply such information.

5.8.5 Within 180 days of accepting an AFC as complete, the APCO shall make a

preliminary written decision as to whether a Determination of Compliance

Certification should be approved, conditionally approved, or disapproved.

The APCO shall deny any Determination of Compliance Certification if the

APCO finds that the subject of the application would not comply with the

standards set forth in this rule or any other District rule. The decision shall

be supported by a succinct, written analysis.

5.8.6 Notification and Publication actions shall be conducted according to the

requirements of Section 5.5.
SJVUAPCD 2201 - 25 12/19/02

5.8.7 Within 240 days after acceptance of an application as complete, the APCO,

after considering all written comments, shall take final action on the

application, which action shall consist of the following:

5.8.7.1 The APCO, if all requirements of this rule are met, shall issue and

submit to the California Energy Commission a Determination of

Compliance, or advise the Commission that a Determination of

Compliance cannot be issued.

5.8.7.2 Public inspection of final action documents shall be provided for

in accordance with Section 5.5.6

5.8.8 Equivalency of Determination of Compliance to Authority to Construct: A

Determination of Compliance shall confer the same rights and privileges as

an Authority to Construct provided that the California Energy Commission

approves the Application for Certification and the certificate granted by the

Commission includes all conditions of the Determination of Compliance.

5.8.9 The APCO shall issue a Permit to Operate to any applicant receiving a

certificate from the California Energy Commission pursuant to this rule

provided that the construction or modification is in compliance with all

conditions of the certificate and of the Determination of Compliance, and

provided that the Permit to Operate includes the conditions prescribed in

Section 5.7.

5.9 Enhanced Administrative Requirement

Application for a certificate of conformity with the procedural requirements of 40

CFR Part 70, shall be subject to the following enhanced administrative

requirements in addition to any other applicable administrative requirements of

Section 5.0:

5.9.1 New Sources and Significant Permit Modifications

5.9.1.1 Public Notification: The APCO shall provide a written notice of

the proposed permit and, upon request, copies of the APCO

analysis to interested parties. Interested parties shall include

affected states, ARB and persons who have requested in writing to

be notified. The notice shall also be given by publication in a

newspaper of general circulation in the District and by any other

means if necessary to assure adequate notice to the affected

public. The public shall be given 30 days from the date of

publication to submit written comments on the APCO's proposed

action.

5.9.1.2 The notice shall provide the following information:
SJVUAPCD 2201 - 26 12/19/02

5.9.1.2.1 The identification of the source, the name and address

of the permit holder, the activities and emissions

change involved in the permit action;

5.9.1.2.2 The name and address of the APCO, the name and

telephone number of District staff to contact for

additional information;

5.9.1.2.3 The availability, upon request, of a statement that sets

forth the legal and factual basis for the proposed

permit conditions;

5.9.1.2.4 The location where the public may inspect the

Complete Application, the APCO's analysis, the

proposed permit, and all relevant supporting materials;

5.9.1.2.5 A statement that the public may submit written

comments regarding the proposed decision within at

least 30 days from the date of publication and a brief

description of commenting procedures, and

5.9.1.2.6 A statement that members of the public may request the

APCO or his designee to preside over a public hearing

for the purpose of receiving oral public comment, if a

hearing has not already been scheduled. The APCO

shall provide notice of any public hearing scheduled to

address the proposed decision at least 30 days prior to

such hearing;

5.9.1.3 The APCO shall provide written response to persons or agencies

that submitted written comments which are postmarked by the

close of the public notice and comment period. All written

comments and responses to such comments shall be kept on file at

the District office and made available upon request.

5.9.1.4 A copy of the Complete Application, the APCO's analysis and the

proposed permit shall be made available at District offices for

public review and comment during normal business hours. The

APCO's analysis shall include a statement that sets forth the legal

and factual basis for the proposed permit conditions, including

references to the applicable statutory and regulatory provisions.

5.9.1.5 The APCO shall provide written notice to the EPA of the

proposed decision along with copies of the proposed permit, the

APCO's analysis, the public notice submitted for publication, and

all necessary supporting information.
SJVUAPCD 2201 - 27 12/19/02

5.9.1.6 If the EPA does not object pursuant to Section 5.9.1.9, the APCO

shall issue the final permit.

5.9.1.7 If the EPA does not object in writing to the APCO's preliminary

decision during the EPA's 45 day review period, any person may

petition the EPA within 60 days after the expiration of the EPA's

45 day review period. Any such petition shall be based only on

objections to the permit that were raised with reasonable

specificity during the public comment period, unless the petitioner

demonstrates to the EPA that it was impracticable to raise such

objections within such period, or unless grounds for such

objections arose after such period. Petitions shall be based on the

compliance of the permit provisions with applicable

requirements.

5.9.1.8 Within 180 days after acceptance of an application as complete,

or within 180 days after the lead agency has approved the project

under the California Environmental Quality Act, whichever occurs

later, the APCO shall take final action on the application after

considering all written comments.

5.9.1.9 The APCO shall not issue a permit if the EPA objects to its

issuance in writing within 45 days of receipt of the APCO's notice

of preliminary decision on the proposed permit.

5.9.1.9.1 Any EPA objection shall include a statement of the

EPA's reasons for objection and a description of the

terms and conditions that the permit must include to

respond to the objections. The EPA shall provide the

permit applicant a copy of the objection.

5.9.1.9.2 If the APCO fails, within 90 days after the date of

EPA's objection, or within 180 days from the date the

application was deemed complete plus any extension

allowed by the state law, whichever is sooner, to

revise and submit a proposed permit in response to the

objection, the APCO shall not issue a certification on

conformity to Title V.

5.9.1.9.3 If the EPA objects to the permit as a result of a public

petition, the APCO shall not issue the permit until

EPA's objection has been resolved, except that a

petition for review does not stay the effectiveness of a

permit or its requirements if the permit was issued

after the end of the 45-day review period and prior to

an EPA objection. If the APCO has issued a permit

prior to receipt of an EPA objection, the EPA will
SJVUAPCD 2201 - 28 12/19/02

modify, terminate, or revoke such permit, and shall do

so consistent with procedures in Section 70.7(g)(4) or

(5)(i) and (ii) of the 40 CFR regulations, and the

APCO may thereafter reissue only a revised permit

that satisfies EPA objection.

5.9.1.9.4 EPA objection shall be limited to compliance with

applicable requirements and the requirements of 40

CFR part 70.

5.9.2 Minor Permit Modifications

5.9.2.1 Within 5 working days after the receipt of a Complete Application

for a minor permit modification, the APCO shall provide

notification of the proposed permit modification to the EPA,

affected states, and interested parties pursuant to Section 5.9.1.1.

5.9.2.2 The APCO shall not issue a final permit modification until after a

45-day period review of the proposed permit modification by

EPA or until EPA has notified the APCO that EPA will not object

to issuance of the permit modification, whichever is first.

5.9.2.3 Within 90 days after APCO's receipt of an application for a minor

permit modification or 15 days after the end of the EPA's 45-day

review, whichever is later, the APCO shall do one of the

following:

5.9.2.3.1 Issue the permit as proposed;

5.9.2.3.2 Deny the permit modification application;

5.9.2.3.3 Determine that the requested modification does not meet

the minor permit modification criteria and should be

reviewed pursuant to the administrative requirements

for significant permit modifications; or

5.9.2.3.4 Revise the draft permit modification and transmit the

new proposed permit modification to EPA and the

affected states.
SJVUAPCD 2201 - 29 12/19/02

6.0 Certification of Conformity

A new or modified source subject to the requirements of Rule 2520 may choose to apply

for a certificate of conformity with the procedural requirements of 40 CFR Part 70. A

certification of conformity will allow changes authorized by the Authority to Construct to

be incorporated into the Part 70 permit as administrative permit amendments.

6.1 The APCO will issue a written certificate of conformity with the procedural

requirements of 40 CFR 70.7 and 70.8, and with the compliance requirements of 40

CFR 70.6(8)(c), if the following conditions are met:

6.1.1 The Authority to Construct is issued in conformance with the Enhanced

Administrative Requirements of this rule;

6.1.2 The content of the Authority to Construct issued by the APCO complies with

the requirements set forth in Section 9.0 of District Rule 2520 (Federally

Mandated Operating Permits);

6.1.3 An application for a certificate of conformity with the requirements of 40

CFR Part 70 is submitted with the application for Authority to Construct.

The content of application for the certificate of conformity must comply

with the requirements of Sections 7.1 of District Rule 2520 (Federally

Mandated Operating Permits);

6.1.4 The Authority to Construct contains a statement of conformity with the

requirements of Title V and 40 CFR Part 70;

6.1.5 EPA has not objected to the issuance of the Authority to Construct, or EPA's

objections have been resolved to the satisfaction of EPA administrator; and

6.1.6 The Part 70 operating permit being issued will contain the federally

enforceable requirements contained in the Authority to Construct.

6.2 The certificate of conformity with the procedural requirements of 40 CFR Part 70

is valid as long as the Authority to Construct with which it was issued is valid.

6.3 Modifications to an Authority to Construct for which a certificate of conformity has

been issued are subject to the administrative requirements of Section 11.0 of

District Rule 2520 that apply to permit modifications and changes, as well as the

requirements of all District Rules that apply to modifications of Authorities to

Construct.

7.0 Annual Offset Equivalency Demonstration

7.1 Offset Tracking System.

The APCO shall implement a system for tracking the following for each permitting

action:
SJVUAPCD 2201 - 30 12/19/02

7.1.1 The quantity of offsets that would have been required for new major

sources and major modifications in the District had the federal new source

review requirements, codified in 40 CFR 51.165 in effect on December 19,

2002, and Title I part D of the Clean Air Act (CAA), been applied to these

sources. These requirements include offsetting the full emissions from new

major sources, using actual emissions baselines when required under 40

CFR 51.165 in effect on December 19, 2002, and providing offsets

necessary to meet the CAA offset ratio requirements and provide a net air

quality benefit.

7.1.2 The quantity of offsets actually required for all new and modified sources in

the District pursuant to the requirements of this rule.

7.1.3 The surplus value of creditable emission reductions used as offsets by

stationary sources.

7.1.3.1 The surplus value shall be determined at the time of ATC issuance

for the sources using the emission reductions to satisfy offset

requirements of this rule.

7.1.3.2 The determination of surplus value shall specify all requirements

that apply to the offsets being reviewed, the methodology used to

calculate the impact of these requirements, and all calculations

performed in arriving at the final surplus value.

7.1.4 For purposes of the requirements of Section 7.0, surplus value shall be

defined as the quantity of actual emission reductions achieved by a source

in excess of the following requirements:

7.1.4.1 Any emission reduction required by a stand-alone federal

requirement or regulation, including, but not limited to, Acid Rain,

New Source Performance Standard, Reasonably Available

Control Technology, and Maximum Achievable Control

Technology, whether or not the requirements are part of the State

Implementation Plan (SIP) or a local attainment plan.

7.1.4.2 Any emission reduction relied upon by a permitting authority for

attainment purposes, such as through an attainment plan, including

emission reductions relied upon for Reasonable Further Progress

calculations.

7.1.4.3 Any emission reduction achieved by shutting down an existing

source or curtailing production or operating hours below baseline

levels whose original emission is not included in the District’s

emission inventory.
SJVUAPCD 2201 - 31 12/19/02

7.1.4.4 Any emission reduction based on a source-specific or source

category-specific SIP provision used to comply with CAA

requirements.

7.1.4.5 Any emission reduction required by a condition of a permit issued

to comply with CAA New Source Review requirements, except

that any emission reduction required by a permit condition, which

was placed on a permit solely to assure compliance with a state or

local requirement, which is not on its own federally enforceable,

shall not be included in this class.

7.1.4.6 Any emission reduction based on a source-specific emission

limitation resulting from an EPA enforcement case.

7.1.5 For purposes of the requirements of Section 7.0, creditable shall be defined

as emission reductions are real, surplus, quantifiable, enforceable and

permanent. The creditability of a given emission reduction may be subject

to review by the EPA.

7.2 Annual Demonstration Report.

The APCO shall annually prepare a report with the following demonstrations to be

provided to the public, the ARB and the EPA in accordance with the dates

specified in Section 7.3. The District shall also make available to the public, the

ARB and the EPA the data used to prepare the demonstrations.

7.2.1 Demonstration on Equivalency of Offset Requirements.

7.2.1.1 The report shall include a comparison of the annual quantity of

federal offsets that would have been required (as tracked pursuant

to Section 7.1.1) to the annual quantity of offsets actually required

under this rule, including any excess offsets required from

previous reporting years (as tracked pursuant to Section 7.1.2).

7.2.1.2 The report shall also describe any additional emission reductions

retired to address a shortfall in required offsets as specified in

Section 7.4.1.1. Such description shall, at a minimum, specify the

emission reductions used and the surplus value of those

reductions. The surplus value of these reductions may also be used

in demonstrating equivalency under section 7.2.2

7.2.2 Demonstration on Creditability of Emission Reductions.
SJVUAPCD 2201 - 32 12/19/02

7.2.2.1 The report shall include a comparison of the annual quantity of

federal offsets that would have been required (as tracked pursuant

to Section 7.1.1) to the surplus value of creditable emission

reductions used as offsets during the year (as tracked pursuant to

Section 7.1.3).

7.2.2.2 For purposes of the demonstration described in Section 7.2.2, the

comparison may also include the surplus value of additional

creditable emission reductions that have not been used as offsets

and have been banked or have been generated as a result of

permitting actions. The surplus value of these reductions may also

be used to remedy any shortfall as specified under Section 7.4.1.1.

7.2.2.2.1 The surplus value of these additional credits shall be

determined as of the date of the issuance of the

Authority to Construct utilizing such reductions in

demonstration described in this subsection.

7.2.2.2.2 Any such additional emission reductions used in this

demonstration shall be permanently retired and shall

not be used to meet any offset or netting requirements

and shall not be used in future demonstrations

required by Section 7.0.

7.2.2.2.3 Additional emission reductions described in Section

7.2.2.2 shall only be included in the comparison to

the extent the annual quantity of federal offsets that

would have been required (as tracked pursuant to

Section 7.1.1) exceeds the surplus value of

creditable emission reductions used as offsets (as

tracked pursuant to Section 7.1.3).

7.2.2.2.4 Any additional emission reductions described in

Section 7.2.2.2 that are not included in the

demonstration required by this subsection, may be

used in future demonstrations in accordance with this

subsection.

7.3 Reporting Schedule.

7.3.1 The report shall cover the period August 20 to August 19 of each year. For

the Initial report, the District shall track offset requirements for new and

modified sources for which a complete application for Authority to

Construct was submitted after August 20, 2001. Additional emission

reductions, other than banked emission reductions, may be used in the
SJVUAPCD 2201 - 33 12/19/02

equivalency demonstration only if the reduction occurred after August 20,

2001

7.3.2 For each reporting period, the APCO shall submit the report and data

described in Section 7.2 to ARB and the EPA no later than November 20 of

each year. In addition, the APCO shall release the report to the public and

shall present it to the District Governing Board, each year, at the first Board

meeting following its submittal to the EPA.

7.3.3 All documents created and/or used in implementing the requirements of

Section 7.0 shall be kept and maintained by the APCO for no less than five

years from the date of their creation and/or use.

7.4 Remedy for Emission Offset Shortfalls:

7.4.1 Failure to Demonstrate Equivalency in Offset Requirements:

7.4.1.1 If the comparison described in Section 7.2.1 does not show, or

EPA determines the comparison erroneously shows, that the

annual quantity of offsets actually required under this rule (as

tracked pursuant to Section 7.1.2) equals or exceeds the annual

quantity of federal offsets that would have been required (as

tracked pursuant to Section 7.1.1), the District shall retire

additional creditable emission reductions that have not been used

as offsets and have been banked or have been generated as a result

of permitting actions such that the surplus value of these emission

reductions satisfies any shortfall.

7.4.1.1.1 The surplus value of these additional credits shall be

determined as of the date of the issuance of the

Authority to Construct utilizing such reductions in

demonstration described in this subsection.

7.4.1.1.2 Any such additional emission reductions used in this

demonstration shall be permanently retired and shall

not be used to meet any offset or netting requirements

and shall not be used in future demonstrations required

by Section 7.0.

7.4.1.2 If the District does not have sufficient additional creditable

emission reductions to satisfy the shortfall described in 7.4.1.1,

all ATCs issued after the report deadline for that year shall

comply with the offset requirements of 40 CFR 51.165 in effect on

December 19, 2002, and part D of Title I of the CAA, for each

pollutant for which there is a shortfall, until the applicability and
SJVUAPCD 2201 - 34 12/19/02

offset requirements of this rule are revised to comply with the

federal new source review requirements and approved into the

SIP by EPA.

7.4.1.3 If the APCO fails to submit a report meeting the requirements of

Section 7.2.1, all ATC issued after the report deadline and until

the APCO submits to ARB, EPA and the public a report

complying with the requirements of Section 7.2.1 shall comply

with the offset requirements of 40 CFR 51.165 in effect on

December 19, 2002, and part D of Title I of the CAA.

7.4.2 Failure to Demonstrate Adequate Creditable Emission Reductions:

7.4.2.1 If the comparison described in Section 7.2.2 does not show, or

EPA determines the comparison erroneously shows, that the

surplus value of creditable emission reductions used as offsets

during the year (as tracked pursuant to Section 7.1.3) combined

with additional emission reductions as described in Section

7.2.2.2 equals or exceeds the annual quantity of federal offsets that

would have been required (as tracked pursuant to Section 7.1.1),

all ATCs issued, for new major sources or major modifications,

for each pollutant for which there is a shortfall, after the report

deadline shall ensure that emission reductions used to satisfy

offset requirements are creditable and that the surplus value of

those credits is determined at the time of ATC issuance.

7.4.2.2 The requirements of Section 7.4.2.1 shall remain in effect until

this rule is revised to require offset discounting at time of use and

such revision is approved into the SIP by EPA, or until a

subsequent annual report prepared in accordance with Section

7.2.2 demonstrates that the surplus value of creditable emission

reductions used as offsets (as tracked pursuant to Section 7.1.3)

combined with additional emission reductions as described in

Section 7.2.2.2 equals or exceeds the annual quantity of federal

offsets that would have been required (as tracked pursuant to

Section 7.1.1).

7.4.2.3 If the APCO fails to submit a report meeting the requirements of

Section 7.2.2, all ATCs issued for new major sources or major

modifications after the report deadline and until the APCO

submits to ARB, EPA and the public a report complying with the

requirements of Section 7.2.1 shall ensure that emission

reductions used to satisfy offset requirements are creditable and

that the surplus value of those credits is determined at the time of

ATC issuance.
SJVUAPCD 2201 - 35 12/19/02

8.0 Application Shield for Routine Replacement

8.1 For a Routine Replacement for which an Authority to Construct is required, the

permitted source may continue to operate under an application shield, provided that

all of the following conditions are met.

8.1.1 An application for the Routine Replacement has been submitted within

seven calendar days of completing the routine replacement.

8.1.2 The source operates in compliance with all applicable requirements of the

federal, state, and District rules and regulations.

8.2 When the application has been deemed complete by the APCO, the application

shield shall be made effective retroactive from the date of application submittal

until the application is either approved or denied,

8.2.1 The application shield is not applicable if the District's final action is

delayed due to the failure of the applicant to submit timely information

requested by the District. The source must also submit additional

information for any requirements that become applicable after a complete

application is submitted, but before a PTO is issued.

8.3 The application shield does not exempt the operator from any applicable

requirements.

8.4 The application shield applies only to an application for a Routine Replacement

and does not authorize any increases to the permitted throughput or emissions due to

a change in design capacity as part of a Routine Replacement.
SJVUAPCD 2201 - 36 12/19/02

This page intentionally blank.