SJVUAPCD 2530 - 1 4/25/02 

RULE 2530 FEDERALLY ENFORCEABLE POTENTIAL TO EMIT (Adopted June 15, 1995; 

Amended April 25, 2002) 

1.0 Purpose 

 The purpose of this rule is to restrict the potential to emit of a stationary source so that the 

source may be exempt from the requirements of Rule 2520 (Federally Mandated Operating 

Permits). 

2.0 Applicability 

 This rule shall apply to any stationary source which is a major source of regulated air 

pollutants or of hazardous air pollutants. 

3.0 Definitions 

 All terms shall retain the definitions provided under Rule 2520 unless otherwise defined in 

this section. 

 3.1 12-month period: a period of twelve consecutive months determined on a rolling 

basis with a new 12-month period beginning on the first day of each calendar 

month. 

 3.2 Actual Emissions: the emissions of a regulated air pollutant from a stationary 

source for every 12-month period. Valid continuous emission monitoring data or 

source test data shall be preferentially used to determine actual emissions. In the 

absence of valid continuous emissions monitoring or source test data, the basis for 

determining actual emissions shall be: throughput of process materials; throughput 

of materials stored; usage of materials; data provided in manufacturer's product 

specifications; material volatile organic compound content reports or laboratory 

analyses; other information required by this rule and applicable District, state, and 

federal regulations; or information requested in writing by the District. All 

calculations of actual emissions shall use EPA, CARB, or District approved 

methods, including emission factors and assumptions. 

 3.3 HAP: an hazardous air pollutant listed in section 112(b) of the federal Clean Air 

Act. 

 3.4 Major Source of Hazardous Air Pollutants: a stationary source with potential to 

emit (including fugitive emissions) 10 tons per year or more of a single HAP, or 25 

tons per year or more (including fugitive emissions) of a combination of HAPs. 

Emissions from any oil or gas production well (with its associated equipment) and 

emissions from any pipeline compressor station shall not be aggregated with 

emissions from other similar units to determine whether such units or stations are 

major sources of HAPs. 
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 3.5 Process Statement: an annual report on permitted emission units from an owner or 

operator of a stationary source certifying under penalty of perjury the following: 

throughput of process materials; throughput of materials stored; usage of materials; 

fuel usage; any available continuous emissions monitoring data; hours of operation; 

and any other information required by this rule or requested in writing by the 

District. 

4.0 General Provisions 

 4.1 Any stationary source that is in compliance with the applicable requirements of this 

rule, shall not be considered a major source for the purpose of compliance with 

District Rule 2520. 

 4.2 Provision for Air Pollution Control Equipment: The owner or operator of a 

stationary source may take into account the operation of air pollution control 

equipment on the capacity of the source to emit an air contaminant if the equipment 

is required by Federal, State, or District rules and regulations or permit terms and 

conditions. The owner or operator of the stationary source shall maintain and 

operate such air pollution control equipment in a manner consistent with good air 

pollution control practice for minimizing emissions. This provision shall not apply 

after January 1, 1999 unless such operational limitation is federally enforceable or 

unless the District Board specifically extends this provision and it is submitted to the 

U.S. EPA. Such extension shall be valid unless, and until, the U.S. EPA 

disapproves the extension of this provision. 

 4.3 Within three years of the effective date of District Rule 2520, the District shall 

maintain and make available to the public upon request, for each stationary source 

subject to this rule, information identifying the provisions of this rule applicable to 

the source. 

 4.4 This rule shall not relieve any stationary source from complying with requirements 

pertaining to any otherwise applicable preconstruction permit, or to replace a 

condition or term of any preconstruction permit, or any provision of a 

preconstruction permitting program. This does not preclude issuance of any 

preconstruction permit with conditions or terms necessary to ensure compliance 

with this rule. 

 4.5 Unless the owner or operator has chosen to operate the stationary source under an 

alternative operational limit specified in section 6.2, the owner or operator of a 

stationary source subject to this rule shall obtain any necessary permits prior to 

commencing any physical or operational change or activity which will result in 

actual emissions that exceed the limits specified in section 6.1. 
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 4.6 The owner or operator of a stationary source subject to this rule shall obtain any 

necessary permits prior to commencing any physical or operational change or 

activity which will result in an exceedance of an applicable operational limit 

specified in section 6.2. 

5.0 Exemptions 

 5.1 The provisions of this rule shall not apply to a stationary source with valid Part 70 

permits, or a stationary source that has applied for Part 70 permit in accordance with 

timelines required in District Rule 2520. Nothing in this rule shall prevent any 

stationary source which has had a Part 70 permit from qualifying to comply with 

this rule in the future in lieu of maintaining an application for a Part 70 permit or 

upon rescission of a Part 70 permit if the owner or operator demonstrates that the 

stationary source is in compliance with the applicable requirements of this rule. 

 5.2 The provisions of this rule shall not apply to stationary source whose actual 

emissions, throughput, or operation, at any time after the effective date of this rule, 

exceed the limits specified in this rule, provided that the following conditions are 

met: 

 5.2.1 The owner or operator has notified the District at least 30 days prior to any 

exceedance, and will submit an application for a Part 70 permit, or otherwise 

obtain federally-enforceable permit limits, and 

 5.2.2 A complete Part 70 permit application is received by the District, or the 

permit action to otherwise obtain federally-enforceable limits is completed, 

within 12 months of the date of notification. 

 5.3 This rule shall not apply to any stationary source which has a valid operating permit 

with federally enforceable conditions or other federally enforceable limits limiting 

its potential to emit to below the applicable threshold(s) for a major source. 

 5.4 The recordkeeping and reporting requirements of this rule shall not apply to the 

following: 

 5.4.1 Any stationary source that emits no more than the following quantity of 

emissions in any 12-month period: 

 5.4.1.1 5 tons per year of a regulated air pollutant (excluding HAPs), 

 5.4.1.2 2 tons per year of a single HAP, 

 5.4.1.3 5 tons per year of any combination of HAPs, and 
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 5.4.1.4 20 percent of any lesser threshold for a single HAP that the 

EPA may establish by rule. 

 5.4.2 Any stationary sources for which 90 percent of the stationary sources 

emissions from the permitted emissions units in every 12-month period are 

associated with an operation for which the throughput is less than or equal to 

one of the following quantities: 

 5.4.2.1 1,400 gallons of any combination of solvent containing 

material but no more than 550 gallons of any one solventcontaining material, provided that the materials do not 

contain methyl chloroform (1,1,1-trichloroethane), methylene 

chloride (dichloromethane), tetrachloroethylene 

(perchloroethylene), or trichloroethylene; 

 5.4.2.2 750 gallon of any combination of solvent containing 

materials where the material contain methyl chloroform 

(1,1,1-trichloroethane), methylene chloride 

(dichloromethane), tetrachloroethylene (perchloroethylene), 

or trichloroethylene, but no more than 300 gallons of any one 

solvent-containing material; 

 5.4.2.3 500 gallons of solvent-containing (or volatile organic 

compound containing) material used at a paint spray unit(s); 

 5.4.2.4 4,400,000 gallons of gasoline dispensed from equipment 

with Phase I and Phase II Vapor Recovery Systems; 

 5.4.2.5 470,000 gallons of gasoline dispensed from equipment 

without Phase I and Phase II Vapor Recovery Systems; 

 5.4.2.6 1,400 gallons of gasoline combusted; 

 5.4.2.7 16,600 gallons of diesel fuel combusted; 

 5.4.2.8 500,000 gallons of distillate oil combusted; or 

 5.4.2.9 71,400,000 cubic feet of natural gas combusted. 

 5.5 The reporting requirements of this rule shall not apply to stationary sources which 

emit in every 12-month period less than or equal to the following quantities: 

 5.5.1 25 tons per year of sulfur dioxide or carbon monoxide; 

5.5.2 6.25 tons per year for oxides of nitrogen, or volatile organic compounds; 
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5.5.3 15 tons per year for particulate matter with an aerodynamic diameter less 

than or equal to 10 microns (PM10); 

 5.5.4 2.5 tons per year of a single HAP; 

 5.5.5 6.25 tons per year of any combination of HAPs; and 

 

 5.5.6 25 percent of any lesser threshold for a single HAP as the U.S. EPA may 

establish by rule. 

 5.6 Within 30 days of written request by the District or the EPA, the owner or operator 

of stationary source claiming exemption form the recordkeeping and reporting 

requirements of this rule shall demonstrate the stationary source's emissions or 

throughput are not in excess of the applicable quantities set forth in section 5.4.1, 

5.4.2, or 5.5 of this rule. 

6.0 General Requirements 

 Each stationary source shall meet either the emission limits prescribed in section 6.1 or the 

alternative operational limits in section 6.2 of this rule. 

 6.1 Emission Limits: 

 In every 12-month period, the stationary source shall not emit more than the 

following quantity of emissions: 

 6.1.1 12.5 tons per year of oxides of nitrogen or volatile organic compounds; 

 6.1.2 35 tons per year of particulate matter with an aerodynamic diameter less than 

or equal to 10 microns (PM10); 

 6.1.3 50 tons per year of carbon monoxide or sulfur dioxide; 

 6.1.4 5 tons per year of a single HAP, 

 6.1.5 12.5 tons per year of any combination of HAPs, 

 6.1.6 50 percent of any lesser threshold for a single HAP as the EPA may 

establish by rule, and 

 6.1.7 50 percent of the major source threshold for any other regulated air pollutant 

not listed in 6.1.1 through 6.1.6. 
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 6.2 Alternative Operational Limits: 

 Stationary sources for which 90 percent of the stationary sources emissions from the 

permitted emissions units in every 12-month period are associated with one of the 

following operations, shall comply with the following operational limits for that 

operation: 

 6.2.1 Gasoline Dispensing Facility with Phase I and II Vapor Recovery Systems 

 No more than 7,000,000 gallons of gasoline dispensed in any 12-month 

period. 

 6.2.2 Degreasing or Solvent-Using Units 

 6.2.2.1 If the solvents do not include methyl chloroform (1,1,1-

trichloroethane), methylene chloride (dichloromethane), 

tetrachloroethylene (perchloroethylene), or trichloroethylene, 

no more than 5,400 gallons of any combination of solventcontaining materials and 2,200 gallons of any one solventcontaining material is used in any 12-month period; or 

 6.2.2.2 If the solvents include methyl chloroform (1,1,1-

trichloroethane), methylene chloride (dichloromethane), 

tetrachloroethylene (perchloroethylene), or trichloroethylene, 

no more than 2,900 gallons of any combination of solventcontaining materials and 1,200 gallons of any one solventcontaining material is used in any 12-month period. 

 6.2.3 Paint Spraying Units 

 The total usage rate of all VOC-containing materials, including but not 

limited to coatings, thinners, reducers, and clean-up solution is no more than 

2,100 gallons in any 12-month period. 

 6.2.4 Diesel-Fueled Emergency Stand-by Engines of less than 1,000 Brake 

Horsepower 

 Fuel usage is no more than 66,000 gallons in any 12-month period. 

7.0 Recordkeeping and Reporting Requirements 

 7.1 The recordkeeping and reporting requirements of this rule shall not replace any 

recordkeeping or reporting requirement contained in an operating permit or in a 

District, State, or Federal rule or regulation. 
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 7.2 Any stationary source previously exempt from the recordkeeping and reporting 

requirements of this rule in accordance with section 5.4 of this rule, shall comply 

with applicable recordkeeping and reporting requirements of this rule if the 

stationary source exceeds the quantities specified in sections 5.4.1, or 5.4.2 of this 

rule. 

 7.3 Immediately after the effective date of this rule, the owner or operator of a stationary 

source subject to this rule shall comply with any applicable recordkeeping 

requirements in this section. 

 7.4 Any additional information requested by the APCO shall be submitted to the APCO 

within 30 days of the date of request. 

 

 7.5 Except for stationary sources operating under the alternative operational limits of 

this rule, the owner or operator shall comply with the following recordkeeping 

requirements: 

 7.5.1 The owner or operator of a stationary source subject to this rule shall keep 

and maintain records for each permitted emission unit or groups of permitted 

emission units sufficient to determine actual emissions. Such information 

shall be summarized in a monthly log, maintained on site by the owner or 

operator for five years, and be made available to District, CARB, or U.S. 

EPA staff upon request. (In some cases it may be appropriate to keep records 

on groups of emissions units which are connected in series. Examples are 

internal combination engines in the oil fields with a common fuel line, or a 

series of paint spray booths with a common feed.) 

 7.5.2 Coating/Solvent Emission Unit 

 The owner or operator of a stationary source subject to this rule that contain 

a coating/solvent emission unit or uses a coating, solvent, ink or adhesive 

shall keep and maintain the following records: 

 7.5.2.1 A current list of all coatings, solvents, inks and adhesives in 

use. This list shall include: information on the 

manufacturer, brand, product name or code, VOC content in 

grams per liter or pounds per gallon, HAPs content in grams 

per liter or pounds per gallon, or manufacturer's product 

specifications, material VOC content reports or laboratory 

analyses providing this information; 

 7.5.2.2 A description of any equipment used during and after 

coating/solvent application, including type, make and model; 

maximum design process rate or throughput; control 
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device(s) type and description (if any); and a description of 

the coating/solvent application/drying method(s) employed; 

 7.5.2.3 A monthly log of the consumption of each solvent (including 

solvents used in clean-up and surface preparation), coating, 

ink and adhesive used; and 

 7.5.2.4 All purchase orders, invoices, and other documents to 

support information in the monthly log. 

 7.5.3 Organic Liquid Storage Unit 

 The owner or operator of a stationary source subject to this rule that contains 

a permitted organic liquid storage unit shall keep and maintain the following 

records: 

 7.5.3.1 A monthly log identifying the liquid stored and monthly 

throughput; and 

 7.5.3.2 Information on the tank design and specifications including 

control equipment. 

 7.5.4 Combustion Emission Unit 

 The owner or operator of a stationary source subject to this rule that contains 

a combustion emission unit shall keep and maintain the following records: 

 7.5.4.1 Information on equipment type, make and model, maximum 

design process rate or maximum power input/output, 

minimum operating temperature (for thermal oxidizers) and 

capacity, control device(s) type and description (if any) and 

all source test information; and 

 7.5.4.2 A monthly log of hours of operation, fuel type, fuel usage, 

fuel heating value (for non-fossil fuels; in terms of BTU/lb or 

BTU/gal), percent sulfur for fuel oil and coal, and percent 

nitrogen for coal. 

 7.5.5 Emission Control Unit 

 The owner or operator of a stationary source subject to this rule that contains 

an emission control unit shall keep and maintain the following records: 

 7.5.5.1 Information on equipment type and description, make and 

model, and emission units served by the control unit; 
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 7.5.5.2 Information on equipment design including where 

applicable: pollutant(s) controlled; control effectiveness; 

maximum design or rated capacity; inlet and outlet 

temperatures, and concentrations for each pollutant 

controlled; catalyst data (type, material, life, volume, space 

velocity, ammonia injection rate and temperature); baghouse 

data (design, cleaning method, fabric material, flow rate, 

air/cloth ratio); electrostatic precipitator data (number of 

fields, cleaning method, and power input); scrubber data 

(type, design, sorbent type, pressure drop); other design data 

as appropriate; all source test information; and 

 7.5.5.3 A monthly log of hours of operation including notation of 

any control equipment breakdowns, upsets, repairs, 

maintenance and any other deviations from design 

parameters. 

 7.5.6 General Emission Unit 

 The owner or operator of a stationary source subject to this rule that contains 

an emission unit not included in subsections A, B or C above shall keep and 

maintain the following records: 

 

 7.5.6.1 Information on the process and equipment including the 

following: equipment type, description, make and model; 

maximum design process rate or throughput; control 

device(s) type and description (if any); 

 7.5.6.2 Any additional information requested in writing by the 

APCO; 

 7.5.6.3 A monthly log of operating hours, each raw material used 

and its amount, each product produced and its production 

rate; and 

 7.5.6.4 Purchase orders, invoices, and other documents to support 

information in the monthly log. 

 7.5.7 At the time of annual District review of a permit to operate under Rule 2520, 

each owner or operator of a stationary source subject to this rule shall submit 

to the District a process statement. The statement shall be signed by the 

owner or operator and certify that the information provided is accurate and 

true. 

 
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 7.6 Upon choosing to operate a stationary source subject to this rule under any one 

alternative operational limit, the owner or operator shall operate the stationary 

source in compliance with the alternative operational limit as prescribed in section 

6.2 and shall comply with the following recordkeeping and reporting requirements: 

 

 7.6.1 The owner or operator shall report within 24 hours to the APCO any 

exceedance of the alternative operational limit. 

 7.6.2 The owner or operator shall maintain all purchase orders, invoices, and other 

documents to support information required to be maintained in a monthly 

log. Records required under this section shall be maintained on site for five 

years and be made available to District or U.S. EPA staff upon request. 

 7.6.3 Gasoline Dispensing Facility Equipment with Phase I and II Vapor Recovery 

Systems 

 The owner or operator shall operate the gasoline dispensing equipment in 

compliance with the following requirements: 

 7.6.3.1 A monthly log of gallons of gasoline dispensed in the 

preceding month with a monthly calculation of the total 

gallons dispensed in the previous 12 months shall be kept on 

site. 

 7.6.3.2 A copy of the monthly log shall be submitted to the APCO at 

the time of annual permit renewal. The owner or operator 

shall certify that the log is accurate and true. 

 7.6.4 Degreasing or Solvent-Using Unit 

 The owner or operator shall operate the degreasing or solvent-using unit(s) 

in compliance with the following requirements: 

 7.6.4.1 A monthly log of amount and type of solvent used in the 

preceding month with a monthly calculation of the total 

gallons used in the previous 12 months shall be kept on site. 

 7.6.4.2 A copy of the monthly log shall be submitted to the APCO at 

the time of annual permit renewal. The owner or operator 

shall certify that the log is accurate and true. 

 7.6.5 Paint Spraying Unit 

 The owner or operator shall operate the paint spraying unit(s) in compliance 

with the following requirements: 
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 7.6.5.1 A monthly log of the gallons of VOC-containing materials 

used in the preceding month with a monthly calculation of 

the total gallons used in the previous 12 months shall be kept 

on site. 

 7.6.5.2 A copy of the monthly log shall be submitted to the APCO at 

the time of annual permit renewal. The owner or operator 

shall certify that the log is accurate and true. 

 7.6.6 Diesel-Fueled Emergency Standby Engine(s) with Output Less Than 1,000 

Brake Horsepower 

 The owner or operator shall operate the emergency standby engine(s) in 

compliance with the following requirements: 

 7.6.6.1 A monthly log of hours of operation, gallons of fuel used, 

and a monthly calculation of the total hours operated and 

gallons of fuel used in the previous 12 months shall be kept 

on site. 

 7.6.6.2 A copy of the monthly log shall be submitted to the APCO at 

the time of annual permit renewal. The owner or operator 

shall certify that the log is accurate and true. 

8.0 Violations 

 8.1 Failure to comply with any of the applicable provisions of this rule shall constitute a 

violation of this rule. Each day during which a violation of this rule occurs is a 

separate offense. 

 8.2 A stationary source subject to this rule shall be subject to applicable federal 

requirements for a major source, including Rule 2520 when the conditions specified 

in either subsections 8.2.1 OR 8.2.2 below, occur: 

 8.2.1 Commencing on the first day following every 12-month period in which the 

stationary source exceeds a limit specified in section 6.1 above and any 

applicable alternative operational limit specified in section 6.2, above, or 

 8.2.2 Commencing on the first day following every 12-month period in which the 

owner or operator can not demonstrate that the stationary source is in 

compliance with the limits in section 6.1 above or any applicable alternative 

operational limit specified in section 6.2 above. 
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 8.3 The APCO shall evaluate a stationary source's compliance with the emission 

limitations in section 6.1 above as part of the District's annual permit review process 

required by Health & Safety Code section 42301(e). In performing the evaluation, 

the APCO shall consider any annual process statement submitted pursuant to section 

7.0 reporting requirements. In the absence of valid continuous emission monitoring 

data or source test data, actual emissions shall be calculated using emissions factors 

approved by the U.S. EPA, CARB, or the APCO.