SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

August 23, 2012 214-1

RULE 214 – FEDERAL NEW SOURCE REVIEW

Adopted 10-28-10

(Amended 8-23-12)

INDEX

100 GENERAL

101 PURPOSE

102 APPLICABILITY

103 SEVERABILITY

110 EXEMPTION: EMERGENCY EQUIPMENT

111 [RESERVED]

112 EXEMPTION: NON-MAJOR AGRICULTURAL STATIONARY SOURCE AND NONMAJOR MODIFICATIONS

113 EXEMPTION: REPLACEMENT EQUIPMENT

114 EXEMPTION: RULE COMPLIANCE

115 EXEMPTION: ALTERNATIVE SITING

116 EXEMPTION: ATTAINMENT POLLUTANTS

117 EXEMPTION: VISIBILITY ANALYSIS

200 DEFINITIONS

201 ACTUAL EMISSIONS

202 ACTUAL INTERRUPTIONS OF ELECTRICAL POWER

203 AMBIENT AIR QUALITY STANDARDS

204 BEGIN ACTUAL CONSTRUCTION

205 BEST AVAILABLE CONTROL TECHNOLOGY

206 CARGO CARRIERS

207 CEQA

208 CLASS I AREA

209 COMMENCING OPERATION

210 CONSTRUCTION COMMENCES

211 CONTIGUOUS PROPERTY

212 COST-EFFECTIVE

213 CREDITABLE INCREASES AND DECREASES

214 EMISSION INCREASE

215 EMISSION OFFSET

216 EMISSIONS LIMITATION

217 EMISSIONS UNIT

218 EXISTING EMISSIONS UNIT

219 FEDERAL LAND MANAGER

220 FEDERAL MAJOR MODIFICATION

221 FEDERALLY ENFORCEABLE

222 FUGITIVE EMISSIONS

223 HAZARDOUS AIR POLLUTANT

224 HISTORIC ACTUAL EMISSIONS

225 HISTORIC POTENTIAL EMISSIONS

226 IDENTICAL EMISSIONS UNIT

227 MAJOR MODIFICATION

228 MAJOR STATIONARY SOURCE

229 MODIFICATION

230 NECESSARY PRECONSTRUCTION APPROVALS OR PERMITS

231 NEW EMISSIONS UNIT

232 NONATTAINMENT POLLUTANT

233 PEAKING POWER PLANT

234 PLANTWIDE APPLICABILITY LIMIT (PAL)

235 PM10

236 PM2.5

237 [RESERVED]
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238 POTENTIAL TO EMIT

239 PRECURSOR

240 PRIORITY RESERVE BANK

241 PROJECT

242 PROPOSED EMISSIONS

243 QUARTER/QUARTERLY

244 RECONSTRUCTED SOURCE

245 REGULATED AIR POLLUTANT

246 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR OZONE

247 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR PM10

248 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR PM2.5

249 STATIONARY SOURCE

250 [RESERVED]

300 STANDARDS

301 BEST AVAILABLE CONTROL TECHNOLOGY

302 EMISSION OFFSET REQUIREMENTS, GENERAL

303 EMISSION OFFSET RATIOS

304 INTERPOLLUTANT EMISSION OFFSETS EXCEPT FOR PM2.5

305 PM2.5 INTERPOLLUTANT EMISSION OFFSETS

306 AMBIENT AIR QUALITY STANDARDS

307 DENIAL, FAILURE TO MEET STANDARDS

308 [RESERVED]

309 DENIAL, ADVERSE IMPACT TO VISIBILITY OF A CLASS I AREA

400 ADMINISTRATIVE REQUIREMENTS

401 ALTERNATIVE SITING

402 COMPLETE APPLICATION

403 AIR QUALITY MODELS

404 ENHANCED NEW SOURCE REVIEW

405 PRELIMINARY DECISION

406 [RESERVED]

407 AUTHORITY TO CONSTRUCT, FINAL ACTION

408 REQUIREMENTS, AUTHORITY TO CONSTRUCT AND PERMIT TO OPERATE

409 ISSUANCE, PERMIT TO OPERATE

410 REGULATIONS IN FORCE GOVERN

411 EMISSION AND OFFSET CALCULATIONS

412 PLANTWIDE APPLICABILITY LIMITS

413 SOURCES IMPACTING CLASS I AREAS

414 POWER PLANTS

500 MONITORING AND RECORDS (NOT INCLUDED)
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100 GENERAL

101 PURPOSE: The purpose of this rule is to provide for the issuance of authorities to

construct and permits to operate at new and modified major stationary air pollution

sources and to provide mechanisms, including emission offsets, by which authorities to

construct such sources may be granted without interfering with the attainment or

maintenance of ambient air quality standards.

101.1 A facility in possession of a valid Title V Operating Permit issued pursuant to

Rule 207, TITLE V - FEDERAL OPERATING PERMIT PROGRAM, seeking a

permit for a new emissions unit or a modified emissions unit which qualifies as a

Title V modification, may choose to have their permit reviewed through an

Enhanced New Source Review process, thereby meeting all the procedural

requirements specified in Sections 401 through 408 of Rule 207, TITLE V -

FEDERAL OPERATING PERMIT PROGRAM and the compliance requirements

in Section 305 of Rule 207, TITLE V - FEDERAL OPERATING PERMIT

PROGRAM. The Title V Operating Permit may be amended administratively to

reflect this permitting action.

102 APPLICABILITY: This rule shall apply to emissions units located at new and modified

major stationary sources which are subject to Rule 201, GENERAL PERMIT

REQUIREMENTS, except that emissions units exempted by Rule 201 must be included

in the potential to emit of the stationary source unless the emissions unit emits less than

2 pounds per day of each pollutant. This rule shall not apply to prescribed burning of

forest, or range land, road construction or any other non-stationary source common to

timber harvesting. This Section 102 shall not be used to exempt any stationary source or

modification, which would be subject to review under U.S. Environmental Protection

Agency regulations, from permit requirements.

The Enhanced New Source Review process applies only to facilities in possession of a

valid Title V Operating Permit, which are installing a new emissions unit or performing a

Title V modification as defined in Rule 207, TITLE V - FEDERAL OPERATING PERMIT

PROGRAM, and which have specifically requested in writing, in the permit application

package, to have the application reviewed pursuant to the Enhanced New Source

Review process.

If any source or modification becomes a major stationary source or major modification as

defined in Sections 227 and 228 solely by virtue of a relaxation in any federally

enforceable limitation which was established after August 7, 1980, on a capacity of the

source or modification to emit a federal nonattainment pollutant or its precursor such as a

restriction on hours of operation, then the requirements of this rule shall apply to such a

source or modification as though construction had not yet commenced on the source or

modification.

Note: All sources subject to this rule are also subject to Rule 217, PUBLIC NOTICE

REQUIREMENTS FOR PERMITS.

103 SEVERABILITY: If a court of competent jurisdiction issues an order that any provision of

this rule is invalid, it is the intent of the Board of Directors of the District that other

provisions of this rule remain in full force and effect to the extent allowed by law.

110 EXEMPTION: EMERGENCY EQUIPMENT: The Air Pollution Control Officer shall

exempt an emissions unit from the requirements of Sections 302 and 303, unless

installation of such equipment would result in a major modification, or be a major

stationary source, in and of itself; and if it would provide emergency electrical power,

emergency water pumping for flood control or fire fighting, emergency potable water

pumping, or emergency sewage pumping provided the following requirements are met.
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110.1 Operation for maintenance purposes shall not exceed 100 hours per year, and

such maintenance shall be scheduled in cooperation with the District so as to

limit air quality impact, and

110.2 Operation of the equipment shall not exceed a total of 200 hours per year,

including maintenance operation, and

110.3 Operation of the equipment shall not be for supplying power to a serving utility for

distribution on the grid, and

110.4 Operation for other than maintenance purposes shall be limited to actual

interruptions of electrical power by the serving utility, emergency water pumping

for flood control or fire fighting, emergency potable water pumping, or emergency

sewage pumping, or

110.5 Operation for other than maintenance purposes shall be limited to maintaining

the safety and preserving the integrity of nuclear power generating systems.

111 [RESERVED]

112 EXEMPTION: NON-MAJOR AGRICULTURAL STATIONARY SOURCE AND NONMAJOR MODIFICATIONS: An agricultural stationary source that is not a major

stationary source or is not making a major modification is exempt from the requirements

of this rule.

113 EXEMPTION: REPLACEMENT EQUIPMENT: The requirements of Sections 302 and

303 shall not apply to replacement equipment where

113.1 The replacement unit(s) is an identical emissions unit(s); or

113.2 The replacement unit(s) is not a major source or major modification and serves

the identical function as the unit(s) being replaced where the maximum rating

and the potential to emit any pollutant will not be greater from the new or

modified emission unit(s) than the replaced units, and the emission increase

calculated pursuant to Section 411.1 does not exceed the following levels:

Pollutant lb/day

Volatile organic compounds 136

Nitrogen oxides 136

Sulfur oxides 150

PM10 80

This exemption does not apply to the replacing of air pollution control equipment

pursuant to Section 229.3e.

114 EXEMPTION: RULE COMPLIANCE: The requirements of Sections 302 and 303 shall

not apply to modifications necessary to comply with standards contained in Regulation 4,

PROHIBITIONS, or in the State Implementation Plan. Where more than one compliance

option is allowed, this exemption only applies to the emissions resulting from the least

emissive option. The incremental emissions difference between the least emissive option

and the selected option must comply with Sections 302 and 303. This exemption shall

not apply to modifications in production rate, hours of operation, or other changes or

additions to existing equipment not necessary for compliance with standards contained in

District Regulation 4, PROHIBITIONS, or in the State Implementation Plan. This

exemption also does not apply if the modifications for compliance with standards

contained in Regulation 4, PROHIBITIONS, or the State Implementation Plan are major

modifications under the United States Environmental Protection Agency regulations

promulgated pursuant to Title I of the Federal Clean Air Act, including 40 CFR Part 51.

115 EXEMPTION: ALTERNATIVE SITING: If the permit applicant demonstrates that a

proposed modification to an existing stationary source would not constitute a Federal

Major Modification, the application for Authority to Construct such modification shall not

be subject to Section 401, Alternative Siting.
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116 EXEMPTION: ATTAINMENT POLLUTANTS: The requirements of this rule shall not

apply to any regulated air pollutant or precursors to that pollutant that Sacramento

County has been designated or re-designated as attainment or is unclassified for the

federal National Ambient Air Quality Standard as codified in 40 CFR 81.305.

117 EXEMPTION: VISIBILITY ANALYSIS: The requirements of Sections 309 and 413 shall

not apply to any non-major modification.

200 DEFINITIONS: Unless otherwise defined below, the terms in this rule are defined in Rule 101,

GENERAL PROVISIONS AND DEFINITIONS, Rule 201, GENERAL PERMIT REQUIREMENTS,

Rule 204, EMISSION REDUCTION CREDITS, and Rule 207, TITLE V - FEDERAL OPERATING

PERMIT PROGRAM.

201 ACTUAL EMISSIONS: Measured or estimated emissions which most accurately

represent the emissions from an emissions unit.

202 ACTUAL INTERRUPTIONS OF ELECTRICAL POWER: When electrical service is

interrupted by an unforeseeable event.

203 AMBIENT AIR QUALITY STANDARDS: National ambient air quality standards

established pursuant to 42 U.S.C Section 7409 of the Federal Clean Air Act.

204 BEGIN ACTUAL CONSTRUCTION: Initiation of physical on-site construction activities

on an emissions unit which are of a permanent nature. Such activities include, but are

not limited to, installation of building supports and foundations, laying of underground

pipework and construction of permanent storage structures. With respect to a change in

method of operation that does not involve a physical change, this term refers to those onsite activities other than preparatory activities which mark the start of the change in the

method of operation.

205 BEST AVAILABLE CONTROL TECHNOLOGY (BACT):

205.1 For any emissions unit the most stringent of:

a. The most effective emission control device, emission limit, or technique,

singly or in combination, which has been required or used for the type of

equipment comprising such an emissions unit unless the applicant

demonstrates to the satisfaction of the Air Pollution Control Officer that

such limitations required on other sources have not been demonstrated

to be achievable in practice.

b. Any alternative basic equipment, fuel, process, emission control device

or technique, singly or in combination, determined to be technologically

feasible and cost-effective by the Air Pollution Control Officer.

205.2 In making a BACT determination for each nonattainment pollutant the Air

Pollution Control Officer may consider the overall effect of the determination on

other regulated air pollutants. In some cases the lowest emission rates may be

required for one or more regulated air pollutants at the cost of not achieving the

lowest emission rate for other pollutants. The Air Pollution Control Officer shall

discuss these considerations in the Preliminary Decision prepared pursuant to

Section 405.

205.3 Under no circumstances shall BACT be determined to be less stringent than the

emission control required by any applicable provision of District, state or federal

laws or regulations, or contained in the implementation plan of any State for such

class or category of stationary source unless the applicant demonstrates to the

satisfaction of the Air Pollution Control Officer that such limitations are not

achievable.

206 CARGO CARRIERS: Cargo carriers are trains dedicated to a specific source.
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207 CEQA: The California Environmental Quality Act, Public Resources Code, Section

21000, et seq.

208 CLASS I AREA: Any area listed as Class I in 40 CFR Part 81 Subpart D, including

Section 81.405, or an area otherwise specified as Class I in the legislation that creates a

national monument, a national primitive area, a national preserve, a national recreational

area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or

seashore.

209 COMMENCING OPERATION: Emissions unit becomes operational and begins to emit a

regulated air pollutant.

210 CONSTRUCTION COMMENCES: A person has all necessary preconstruction approvals

or permits and either has:

210.1 Begun, or caused to begin, a continuous program of actual on-site construction

of the stationary source, to be completed within a reasonable time; or

210.2 Entered into binding agreements or contractual obligations, which cannot be

canceled or modified without substantial loss to the owner or operator, to

undertake a program of actual construction of the source to be completed within

a reasonable time.

211 CONTIGUOUS PROPERTY: Two or more parcels of land with a common boundary or

separated solely by a public roadway or other public right-of-way.

212 COST-EFFECTIVE: A cost per unit of emissions reduction which is lower than or

equivalent to the maximum unit costs, for the regulated air pollutant or source category,

of the same emission reduction through the use of Best Available Control Technology,

calculated in current year dollars, in accordance with methodology and criteria specified

in the BACT Policy developed by the District. Cost effectiveness consideration shall not

apply to stationary sources that are a major stationary source or major modification.

213 CREDITABLE INCREASES AND DECREASES:

213.1 An increase or decrease in actual emissions is creditable only if:

a. It occurs between:

1. the date five years before construction commences on the

project and

2. the date the project commences operation; and

b. The Air Pollution Control Officer has not relied on it in issuing a permit

which permit is in effect when the increase in actual emissions from the

particular change occurs.

213.2 An increase in actual emissions is creditable only to the extent that the new level

of actual emissions exceeds the old level.

213.3 A decrease in actual emissions is creditable only to the extent that:

a. The old level of actual emission or the old level of allowable emissions

whichever is lower, exceeds the new level of actual emissions;

b. It is enforceable as a practical matter and federally enforceable at and

after the time that actual construction on the particular change begins;

and

c. The Air Pollution Control Officer has not relied on it in issuing any permit

under regulations approved pursuant to 40 CFR part 51 subpart I or the

State has not relied on it in demonstrating attainment or reasonable

further progress;

d. It has approximately the same qualitative significance for public health

and welfare as that attributed to the increase from the particular change.
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213.4 An increase that results from a physical change at a source occurs when the

emissions unit on which construction occurred becomes operational and begins

to emit a particular pollutant. Any replacement unit that requires shakedown

becomes operational only after a reasonable shakedown period, not to exceed

180 days.

214 EMISSION INCREASE: An increase calculated pursuant to Section 411.

215 EMISSION OFFSET: An emission reduction credit that compensates for an emission

increase of a regulated air pollutant from a new or modified source subject to the

requirements of Sections 302 and 303.

216 EMISSIONS LIMITATION: One or more permit conditions specific to an emissions unit

which restricts its maximum emissions, at or below the emissions associated with the

maximum design capacity and,

216.1 Contained in and enforceable by the latest Authority to Construct and Permit to

Operate for the emissions unit, and

216.2 Enforceable pursuant to Section 408, and

216.3 Enforceable on a daily, quarterly, and where applicable, annual basis.

217 EMISSIONS UNIT: An identifiable operation or piece of process equipment such as an

article, machine, or other contrivance which controls, emits, may emit, or results in the

emissions of any regulated air pollutant or hazardous air pollutant (HAP), directly or as

fugitive emissions. Emissions unit shall not include the open burning of agricultural

biomass.

218 EXISTING EMISSIONS UNIT: Any emissions unit that is not a new emissions unit.

219 FEDERAL LAND MANAGER: The Secretary of the Department with authority over the

specified federal lands.

220 FEDERAL MAJOR MODIFICATION: Exclusively for the purpose of Section 115, a

Major Modification as defined in 40 CFR Section 51.165(a)(1)(v) (July 1, 2010 edition).

220.1 All terms used in the definition of Major Modification shall be as defined in 40

CFR 51.165(a)(1)(v), except that:

a. the term “reviewing authority” as used in that Section shall mean the

Sacramento Metropolitan Air Quality Management District;

b. the term “major stationary source” as used in that Section means a Major

Stationary Source as defined in Section 228; and

c. the term “significant” as used in that Section means a rate of emissions

that would equal or exceed the rates specified in Section 227.

221 FEDERALLY ENFORCEABLE: All limitations and conditions which are enforceable by

EPA, including:

221.1 Requirements developed pursuant to 40 CFR Parts 60 (NSPS), 61 (NESHAP),

63 (NESHAP), 70 (State Operating Permit Programs), and 72 (Permits

Regulation, Acid Rain);

221.2 Requirements contained in the State Implementation Plan (SIP), that are

applicable to the District; and

221.3 District permit requirements established pursuant to the District’s new source

review rules in the SIP.

222 FUGITIVE EMISSIONS: Those emissions which could not reasonably pass through a

stack, chimney, vent or other functionally equivalent opening.

223 HAZARDOUS AIR POLLUTANT (HAP): Any air pollutant listed pursuant to Section

112(b) (42 U.S.C Section 7412(b) of the Federal Clean Air Act).
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224 HISTORIC ACTUAL EMISSIONS:

224.1 Existing emissions units: Historic actual emissions for the existing emissions

unit averaged over the two year period immediately preceding the date of

application for an Authority to Construct.

a. If the last two years are unrepresentative of normal source operations as

determined by the Air Pollution Control Officer, then any two consecutive

years of the last five years that represent normal source operation may

be used.

b. The daily Historic Actual Emissions for each calendar quarter equals the

actual emissions for the calendar quarter divided by the total number of

actual operating days. If there are no records for actual operating days,

then use the number of permitted operating days or calendar days,

whichever is less.

c. If, at any time during the two year period, actual emissions exceeded

allowed or permitted emission levels, then actual emissions shall be

reduced to reflect the levels that would have occurred if the unit were in

compliance with all applicable limitations and rules.

d. If less than two years has passed since the date of commencing

operation under an issued Permit to Operate or an Authority to Construct

then the historic actual emissions, for the purpose of this rule, shall be

the potential to emit.

224.2 New emissions unit: Zero.

225 HISTORIC POTENTIAL EMISSIONS: The historic potential emissions shall be:

225.1 New Emissions Unit: Zero.

225.2 Emissions units not part of a major modification as defined in Section 227:

a. When determining BACT applicability, existing emissions units that

had enforceable daily emissions limits on the Authority to

Construct or Permit to Operate prior to modification: The potential to

emit of the emissions unit prior to modification as represented by the

enforceable daily limiting condition on the permit.

b. When determining quarterly offsets trigger and quantity of offsets

required existing emissions units that had enforceable quarterly

emissions limits on the Authority to Construct or Permit to Operate

prior to modification: The potential to emit of the emissions unit prior

to modification as represented by the enforceable quarterly limiting

condition on the permit.

c. When determining daily offsets trigger at Peaking Power Plants, or

for when determining the daily limit specified in Section 303.2,

existing emissions units that had enforceable daily emissions limits

on the Authority to Construct or Permit to Operate prior to

modification: The potential to emit of the emissions unit prior to

modification as represented by the enforceable daily limiting conditions

on the permit.

225.3 All other Emission Units:

a. The historic potential emissions equal to the enforceable potential to emit

limit contained in the most recent Authority to Construct or Permit to

Operate, if any of the following criteria are met:

i. Actual emissions are at least 80% of the potential to emit limit, or

ii. The emissions unit was fully offset for any emission increase. If

the emissions increase from the project, including the emissions

unit being evaluated, will result in a major source in and of itself,

as defined in Section 228, or a major modification, as defined in

Section 227, then the offset of the nonattainment pollutant for the

emissions unit must have occurred during the 5 year period prior

to the date that the application is deemed complete, otherwise

this provision is not applicable; or

b. The historic actual emissions as defined in Section 224.1.
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226 IDENTICAL EMISSIONS UNIT: A replacement emissions unit which is the same as the

original unit in all respects except for serial number.

227 MAJOR MODIFICATION: Any physical change, change in method of operation

(including change in fuel), or addition, to a stationary source classified as a major source

for:

227.1 VOC or NOx emissions, which result in an emission increase for the project as

determined by Section 411.5, which when aggregated with all other creditable

increases and decreases in emissions from the source is equal to or exceeding

any of the following thresholds:

a. 25 tons per year of volatile organic compounds;

b. 25 tons per year of nitrogen oxides; or

227.2 PM10 or a PM10 precursor emissions, which result in an emission increase for

the project as determined by Section 411.5, which when aggregated with all

other creditable increases and decreases in emissions from the source is equal

to or exceeding any of the following thresholds:

a. 40 tons per year of volatile organic compounds;

b. 40 tons per year of nitrogen oxides;

c. 40 tons per year of sulfur oxides; or

d. 15 tons per year of PM10.

227.3 PM2.5 or a PM2.5 precursor emissions, which result in an emission increase in

the potential to emit for the project as determined by Section 411.5, which when

aggregated with all other creditable increases and decreases in emissions from

the source is equal to or exceeding any of the following thresholds:

a. 10 tons per year of direct PM2.5;

b. 40 tons per year of nitrogen oxide;

c. 40 tons per year of sulfur dioxide

d. 40 tons per year of volatile organic compounds if volatile organic

compounds is determined to be a necessary part of the PM2.5 control

strategy in the attainment demonstration and is approved by EPA in the

State Implementation Plan; or

e. The significance level established in the attainment demonstration, if

ammonia is determined to be a necessary part of the PM2.5 control

strategy in the attainment demonstration and is approved by EPA in the

State Implementation Plan.

227.4 [RESERVED]

227.5 [RESERVED]

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

considered a major modification for the purpose of this rule:

a. A change in ownership.

b. Routine maintenance and repair.

c. A reconstructed stationary source or emissions unit, which shall be

treated as a new stationary source or emissions unit, not as a major

modification.

d. The addition of a continuous emission monitoring system.

e. Replacing of air pollution control equipment with new control equipment if

the emissions of the new equipment are less than or equal to those from

the original piece of equipment as determined by Section 411.2 and the

replacement is not otherwise a major modification as defined in this rule.

228 MAJOR STATIONARY SOURCE: A stationary source is a major source for the

regulated air pollutant if it emits or has the potential to emit a regulated air pollutant in

quantities equal to or exceeding any of the following thresholds:

228.1 25 tons per year of volatile organic compounds;

228.2 25 tons per year of nitrogen oxides;

228.3 100 tons per year of PM10; or 100 tons per year of sulfur oxides as a PM10

precursor;
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228.4 100 tons per year of directly emitted PM2.5, or 100 tons per year of nitrogen

oxides or sulfur oxides as PM2.5 precursors; or

228.5 [RESERVED]

228.6 100 tons per year of volatile organic compounds or ammonia as a PM2.5

precursor, if volatile organic compounds or ammonia is determined to be a

necessary part of the PM2.5 control strategy in the attainment demonstration and

is approved by EPA into the State Implementation Plan,

Emissions associated with emissions units exempt from permit requirements

pursuant to Rule 201, GENERAL PERMIT REQUIREMENTS, shall be included

in the potential to emit of the stationary source unless the emissions unit emits

less than 2 pounds per day of each pollutant. Notwithstanding the previous

sentence, emissions units exempted by Rule 201, Sections 111 and 113 shall not

be included in the potential to emit calculations. Fugitive emissions associated

with the emissions unit or stationary source shall not be included in the potential

to emit of the emissions unit or stationary source for the purpose of determining

whether the source is major unless the source belongs to one of the following

categories of stationary sources:

1. Coal cleaning plants (with thermal dryers);

2. Kraft pulp mills;

3. Portland cement plants;

4. Primary zinc smelters;

5. Iron and steel mills;

6. Primary aluminum ore reduction plants;

7. Primary copper smelters;

8. Municipal incinerators capable of charging more than 250 tons of refuse

per day;

9. Hydrofluoric, sulfuric, or nitric acid plant;

10. Petroleum refineries;

11. Lime plants;

12. Phosphate rock processing plants;

13. Coke oven batteries;

14. Sulfur recovery plants;

15. Carbon black plants (furnace process);

16. Primary lead smelters;

17. Fuel conversion plants;

18. Sintering plants;

19. Secondary metal production plants;

20. Chemical process plants—The term chemical processing plant shall not

include ethanol production facilities that produce ethanol by natural

fermentation included in NAICS codes 325193 or 312140;

21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million

British thermal units per hour heat input;

22. Petroleum storage and transfer units with a total storage capacity

exceeding 300,000 barrels;

23. Taconite ore processing plants;

24. Glass fiber processing plants;

25. Charcoal production plants;

26. Fossil-fuel-fired steam electric plants of more than 250 million British

thermal units per hour heat input; or

27. All other stationary source categories regulated by a standard

promulgated under Section 111 or 112 (42 U.S.C. Section 7411 of 7412)

of the Federal Clean Air Act, but only with respect to those air pollutants

that have been regulated for that category.
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229 MODIFICATION: Any physical change, change in method of operation (including change

in fuel), or addition, which:

229.1 For an emissions unit would necessitate a change in a permit condition or result

in the potential to emit being higher than the historic potential emissions as

defined in Section 225.

229.2 For a stationary source:

a. is a modification of any emissions unit, or

b. addition of any new emissions unit.

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

considered a modification for the purpose of this rule:

a. A change in ownership.

b. Routine maintenance and repair.

c. A reconstructed stationary source or emissions unit, which shall be

treated as a new stationary source or emissions unit, not as a

modification.

d. The addition of a continuous emission monitoring system.

e. Replacing of air pollution control equipment with new control equipment if

the emissions of the new equipment are less than or equal to those from

the original piece of equipment as determined by Section 411.2 and the

replacement is not a major modification as defined in this rule.

230 NECESSARY PRECONSTRUCTION APPROVALS OR PERMITS: Approvals or

permits required to comply with all those federal air quality control laws and regulations

and those air quality control laws and regulations which are part of the applicable State

Implementation Plan.

231 NEW EMISSIONS UNIT: An emissions unit which has not commenced operation.

232 NONATTAINMENT POLLUTANT: Any pollutant and any precursors of such pollutants

which have been designated "nonattainment" for the District by the U.S. Environmental

Protection Agency as codified in 40 CFR 81.305.

233 PEAKING POWER PLANT: A fossil-fueled combustion turbine power generation unit or

other power generation unit with an actual annual capacity factor of 25% or less, which is

used during peak electricity demand periods, and may operate for short periods, with

frequent start-ups and shutdowns. Emergency equipment that is operated in compliance

with the requirements of Section 110 is not considered a peaking power plant.

234 PLANTWIDE APPLICABILITY LIMIT (PAL): Exclusively for the purpose of Section 115,

an emission limitation expressed in tons per year, for a pollutant at a major stationary

source, that is federally enforceable and established source-wide in accordance with 40

CFR Sections 51.165(f)(1) through (f)(15).

234.1 All terms used in 40 CFR 51.165(f) shall be as defined in 40 CFR 51.165(f)(2) or

if not defined in 40 CFR 51.165(a)(1), as each subsection exists on July 1, 2010,

except that:

a. the term “reviewing authority” as used in those Sections shall mean the

Sacramento Metropolitan Air Quality Management District.

235 PM10: Particulate matter with an aerodynamic diameter smaller than or equal to a

nominal 10 microns. Gaseous emissions which condense to form particulate matter at

ambient temperatures shall be included.

236 PM2.5: Particulate matter with an aerodynamic diameter smaller than or equal to a

nominal 2.5 microns. Gaseous emissions which condense to form particulate matter at

ambient temperatures shall be included.

237 [RESERVED]
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214-12 August 23, 2012

238 POTENTIAL TO EMIT: The maximum physical and operational design capacity to emit a

pollutant. Limitations on the physical or operational design capacity, including emissions

control devices and limitations on hours of operation, may be considered only if such

limitations are incorporated into the applicable Authority to Construct and Permit to

Operate as a permit condition and are enforceable as a practical matter and federally

enforceable. The potential to emit shall include all directly emitted emissions. Fugitive

emissions are only included in potential to emit if the source belongs to one of the

categories of stationary sources included in Section 228.

239 PRECURSOR: A pollutant that, when emitted into the atmosphere, may undergo either a

chemical or physical change which then produces another pollutant 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:

Precursor Secondary Air Contaminant

Volatile Organic a. Photochemical oxidants (Ozone)

Compound b. Organic fraction of PM10

c. Organic fraction of PM2.5, if volatile

organic compounds is determined to be

a necessary part of the PM2.5 control

strategy in the attainment demonstration

approved by EPA in the State

Implementation Plan

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

Nitrogen Oxides a. Nitrogen dioxide

b. Nitrate fraction of PM10

c. Photochemical oxidants (Ozone)

d. Nitrate fraction of PM2.5

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

Sulfur Oxides a. Sulfur dioxide

b. Sulfates

c. Sulfate fraction of PM10

d. Sulfate fraction of PM2.5

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

Ammonia a. Nitrate fraction of PM2.5, if ammonia is

determined to be a necessary part of the

PM2.5 control strategy in the attainment

demonstration approved by EPA in the

State Implementation Plan.

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

240 PRIORITY RESERVE BANK: A depository for preserving emission reduction credits

pursuant to Rule 205, COMMUNITY BANK AND PRIORITY RESERVE BANK for use as

an emission offset in accordance with Sections 302, 303, and 411.

241 PROJECT: A project includes all of the emissions units associated with the scope of the

preconstruction application for a new or modified stationary source and any emissions

units indirectly affected.

242 PROPOSED EMISSIONS: Emissions based on the potential to emit for the emissions

unit.

243 QUARTER/QUARTERLY: Calendar quarters beginning January 1, April 1, July 1, and

October 1.
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August 23, 2012 214-13

244 RECONSTRUCTED SOURCE: Any stationary source or emissions unit undergoing

physical modification where the fixed capital cost of the new components exceeds 50

percent of the fixed capital cost of a comparable entirely new stationary source or

emissions unit. Fixed capital cost means that capital needed to provide and install all the

depreciable components: this includes the cost of parts and labor. A reconstructed

source shall be treated as a new stationary source or emissions unit.

245 REGULATED AIR POLLUTANT: Any air pollutant for which there is a national ambient

air quality standard, or a precursor to such air pollutant.

246 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR OZONE: The area defined

in 40 CFR Section 81.305.

247 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR PM10: The area defined in

40 CFR Section 81.305.

248 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR PM2.5: The area defined in

40 CFR Section 81.305.

249 STATIONARY SOURCE: Any building, structure, facility, or emissions unit which emits

or may emit any regulated air pollutant directly or as a fugitive emission.

249.1 Building, structure, facility, or emissions unit includes all pollutant emitting

activities which:

a. belong to the same industrial grouping, and

b. are located on one property or on two or more contiguous properties,

and

c. are under the same or common ownership, operation, or control or which

are owned or operated by entities which are under common control.

249.2 Pollutant emitting activities shall be considered as part of the same industrial

grouping if:

a. they belong to the same two-digit standard industrial classification code,

or

b. they are part of a common production process. (Common production

process includes industrial processes, manufacturing processes and any

connected processes involving a common material.)

249.3 The emissions within District boundaries of cargo carriers associated with the

stationary source shall be considered emissions from the stationary source to the

extent that emission reductions from cargo carriers are proposed as emission

offsets.

250 [RESERVED]

300 STANDARDS

301 BEST AVAILABLE CONTROL TECHNOLOGY: An applicant shall apply Best Available

Control Technology to a new emissions unit or modification of an existing emissions unit,

except cargo carriers, for each emissions change of a regulated air pollutant, if the

change would result in an emission increase calculated pursuant to Section 411.1 of

more than the levels specified in Section 301.1.

301.1 Pollutant lb/day

Volatile organic compounds 0

Nitrogen oxides 0

Sulfur oxides 0

PM10 0

PM2.5 0
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214-14 August 23, 2012

302 EMISSION OFFSET REQUIREMENTS, GENERAL:

302.1 An applicant shall provide emission offsets for a regulated air pollutant where the

potential to emit of that pollutant calculated pursuant to Section 411.3, meets or

exceeds the following levels:

a. For new major stationary sources:

Pollutant

Volatile organic compounds 12,500 lbs/quarter

Nitrogen oxides 12,500 lbs/quarter

Sulfur oxides 22,812 lbs/quarter

PM10 7,300 lbs/quarter

PM2.5 100 tons/year

If Ammonia is determined to be a necessary part of the PM2.5 control

strategy in the attainment demonstration approved by EPA in the State

Implementation Plan:

Ammonia 100 ton/year

b. For modifications:

Pollutant

Volatile organic compounds 12,500 lbs/quarter

Nitrogen oxides 12,500 lbs/quarter

Sulfur oxides 20,000 lbs/quarter

PM10 7,300 lbs/quarter

PM2.5 10 ton/year

The level set in the attainment demonstration approved by EPA into the

State Implementation Plan for ammonia if ammonia is determined to be a

necessary part of the PM2.5 control strategy in the attainment

demonstration.

302.2 For a peaking power plant, if the emissions increase calculated pursuant to

Section 411.3 is below the levels in Section 302.1, an applicant shall provide

emission offsets for the regulated air pollutant where the daily emission increase

calculated pursuant to Section 411.3 exceeds the following levels:

a. Pollutant lb/day

Volatile organic compounds 250

Nitrogen oxides 250

Sulfur oxides 250

PM10 80

302.3 Except for PM2.5 or as provided in Section 302.3a, b, c, or d; sufficient emission

offsets shall be provided from the same calendar quarter as the proposed

emissions. The quantity of offsets required shall be determined using the

calculation procedures specified in Section 411.4.

a. Emission credits for volatile organic compounds and nitrogen oxides

during the quarters starting April 1 and July 1 may be used to offset

emission increases during any quarter except as provided below.

1. Emission credits from the quarter starting April 1 that will be used

in the quarter starting July 1 shall not exceed more than 20% of

a project’s volatile organic compound or nitrogen oxides offset

needs, as applicable, in the quarter beginning July 1.

2. Emission credits from the quarter starting July 1 that will be used

in the quarter starting April 1 shall not exceed more than 20% of

a project’s volatile organic compound or nitrogen oxides needs,

as applicable, in the quarter beginning April 1.

b. Emission credits for volatile organic compounds and nitrogen oxides

during quarters starting January 1 and October 1 may be used to offset

emission increases during either quarter starting January 1 and October

1.

c. Emission credits for PM10, and sulfur oxides during the quarters starting

January 1 and October 1 may be used during any quarter except as

provided below.
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

August 23, 2012 214-15

1. Emission credits from the quarter starting January 1 that will be

used in the quarter starting October 1 shall not exceed more

than 20% of a project’s PM10, and sulfur oxides offset needs, as

applicable, in the quarter beginning October 1.

2. Emission credits from the quarter starting October 1 that will be

used in the quarter starting January 1 shall not exceed more

than 20% of a project’s PM10, and sulfur oxides offset needs, as

applicable, in the quarter beginning January 1.

d. Emission credits for PM10, and sulfur oxides during quarters starting

April 1 and June 1 may be used to offset emission increases during

either quarter starting April 1 and June 1.

302.4 Emission offsets shall be obtained pursuant to Rule 204, EMISSION

REDUCTION CREDITS, Rule 205, COMMUNITY BANK AND PRIORITY

RESERVE BANK, or Rule 206, MOBILE AND TRANSPORTATION SOURCE

EMISSION REDUCTION CREDITS, or pursuant to an adopted emission

reduction credit rule in another air district that meets the requirements of Section

302.6.

302.5 If an application for an Authority to Construct is received for an emissions unit

that had previously obtained emission reduction credits for the shutdown of that

emissions unit under Rule 204, EMISSION REDUCTION CREDITS, then

sufficient emission offsets shall be provided consistent with Section 302. If the

emissions unit does not trigger emission offsets in accordance with this section

then the applicant shall provide sufficient emission offsets to offset the lesser of

the amount of the emission reduction obtained pursuant to Rule 204, EMISSION

REDUCTION CREDITS or the potential to emit from the emissions unit.

302.6 Emission offsets which are required and obtained pursuant to permitting and/or

banking actions in a district other than that in which the proposed source is

located may be used only if the Air Pollution Control Officer has reviewed the

permit conditions and/or banking action issued by the other district in which the

proposed emission offsets are obtained and made a determination that the

impact of using such emission offsets meets the requirements of District Rules

and Regulations, state, and federal requirements. An offset ratio not less than

the levels specified in Section 303 shall be applied as necessary to discount the

offsets and mitigate the associated impact.

302.7 [RESERVED]

302.8 [RESERVED]

302.9 For major stationary sources or major modifications, emission offsets for volatile

organic compounds and nitrogen oxides must be obtained from within the

Sacramento Federal Nonattainment Area for ozone.

302.10 For major stationary sources or major modifications that exceed the levels in

Section 227.3, emissions offsets for PM2.5 and PM2.5 precursors must be

obtained within the Sacramento Federal Nonattainment Area for PM2.5 and

emission offsets for PM10 must be obtained within Sacramento County as long

as Sacramento County is a federal PM10 nonattainment area.

303 EMISSION OFFSET RATIOS: The applicable offset ratio for use in Section 411.4 shall

be determined based on the location of the new or modified stationary source required to

provide offsets and the distance to the location of the emission offsets, as indicated in the

following tables.
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214-16 August 23, 2012

303.1 Except as provided in Section 303.2, an applicant shall provide emission offsets

for emissions from a new or modified stationary source using the following ratios:

Location of Emission

Offset

Emission Offset Ratio

Volatile organic

compounds or

Nitrogen oxides

PM2.5 or

ammonia if

determined to

be PM2.5

precursor by

Section 239

Other

Nonattainment

pollutants

Attainment

pollutants

Same Source

1.3 to 1.0 if used at

a new major

stationary source or

major modification

at a major source

OR

1.0 to 1.0 if used for

non-major

modifications

1.0 to 1.0 1.0 to 1.0 1.0 to 1.0

Within 15-mile radius

1.3 to 1.0 if used at

a new major

stationary source or

major modification

at a major source

OR

1.2 to 1.0 if used for

non-major

modifications

1.2 to 1.0 1.2 to 1.0 1.1 to 1.0

Greater than 15-mile but

within 50-mile radius 2.0 to 1.0 2.0 to 1.0 2.0 to 1.0 1.2 to 1.0

More than 50-mile radius >2.0 to 1.0 (*) >2.0 to 1.0 (*) >2.0 to 1.0 (*) >1.2 to 1.0 (*)

(*) based on case by case determination

303.2 Applicants providing emission offsets obtained pursuant to Rule 205,

COMMUNITY BANK AND PRIORITY RESERVE BANK and applicants providing

emission offsets obtained pursuant to Rule 206, Mobile and Transportation

Source Emission Reduction Credits, shall provide emission offsets for all

pollutants at all distances pursuant to the following:
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

August 23, 2012 214-17

Emission offsets obtained from

Rule 205, COMMUNITY BANK AND PRIORITY RESERVE BANK, or

Rule 206, MOBILE AND TRANSPORTATION SOURCE EMISSION

REDUCTION CREDITS

Source Type/Pollutant Emission offset ratio

For use by non-major modifications for all pollutants

if the non-major modifications has an increase in

emissions calculated pursuant to Section 411.3 of

250 lbs/day or less of VOC, NOx, and SOx, and 80

lbs/day or less of PM10.

1.0 to 1.0

If the non-major modification has an increase in

emissions calculated pursuant to Section 411.3 that

is greater than 250 lbs/day of VOC, NOx, and SOx,

or greater than 80 lbs/day of PM10.

1.2 to 1.0

For use by a new major stationary source or major

modification for volatile organic compounds or

nitrogen oxides

1.3 to 1.0

For use by a new major stationary source or major

modification for other nonattainment pollutants,

except for VOC, or NOx, or PM2.5

1.2 to 1.0

For PM2.5 or ammonia if determined to be PM2.5

precursor by Section 239

1.0 to 1.0

304 INTERPOLLUTANT EMISSION OFFSETS EXCEPT FOR PM2.5: Interpollutant emission

offsets are discouraged and may only be allowed between precursor contaminants. The

Air Pollution Control Officer may approve interpollutant emission offsets for precursor

pollutants on a case by case basis, except for PM2.5 which is subject to Section 305,

provided that the applicant demonstrates through the use of an air quality model 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 Air Pollution Control

Officer shall impose, based on an air quality analysis, emission offset ratios in addition to

the requirements of Section 303. Interpollutant emission offsets between PM10 and

PM10 precursors may be allowed. PM10 emissions shall not be allowed to offset

nitrogen oxides or volatile organic compound emissions in ozone nonattainment areas,

nor be allowed to offset sulfur oxide emissions in sulfate nonattainment areas. In no case

shall the compounds excluded from the definition of Volatile Organic Compounds be

used as offsets for Volatile Organic Compounds. Interpollutant emission offsets used at

a major stationary source must receive written approval by the U.S. Environmental

Protection Agency.

305 PM2.5 INTERPOLLUTANT EMISSION OFFSETS: Interpollutant emission offsets

between PM2.5 and PM2.5 precursors are not allowed unless modeling demonstrates

that PM2.5 interpollutant offset ratios are appropriate in an approved PM2.5 attainment

plan.

306 AMBIENT AIR QUALITY STANDARDS: In no case shall emissions from a new or

modified stationary source, prevent or interfere with the attainment or maintenance of any

applicable ambient air quality standard. The Air Pollution Control Officer may require the

use of an air quality model to estimate the effects of a new or modified stationary source.

In making this determination the Air Pollution Control Officer shall take into account the

mitigation of emissions through emission offsets obtained pursuant to this rule.
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214-18 August 23, 2012

307 DENIAL, FAILURE TO MEET STANDARDS: The Air Pollution Control Officer shall

deny any Authority to Construct or Permit to Operate if the Air Pollution Control Officer

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

District, state, or federal rules, regulations or statutes.

308 [RESERVED]

309 DENIAL, ADVERSE IMPACT TO VISIBILITY OF A CLASS I AREA: The Air Pollution

Control Officer shall deny any Authority to Construct or Permit to Operate for a new major

stationary source or major modification if the Air Pollution Control Officer finds, after

consideration of comments and an analysis from the Federal Land Manager, that the

emissions from a proposed facility or modification would have an adverse impact on

visibility, as defined in 40 CFR Section 52.21(b)(29), of a Class I area pursuant to 40

CFR Section 51.307(b)(2).

400 ADMINISTRATIVE REQUIREMENTS: The following administrative requirements in Sections

401-413 shall apply to any activities regulated by this rule, except for the review of power plants

over 50 megawatts. Power plants over 50 megawatts shall be subject to the review requirements

of Section 414.

401 ALTERNATIVE SITING: Except as provided in Section 115, for major sources or major

modifications for which an analysis of alternative sites, sizes, and production processes is

required under Section 173(a)(5) of the Clean Air Act, the Air Pollution Control Officer

shall require the applicant to prepare an alternative siting analysis that is functionally

equivalent to the requirements of Division 13 of the Public Resources Code (California

Environmental Quality Act-CEQA). An Authority to Construct shall not be issued unless

the Air Pollution Control Officer has concluded, based on the information contained in the

alternative siting analysis, that the benefits of the proposed source significantly outweigh

the environmental and social costs imposed as a result of its location, construction, or

modification.

402 COMPLETE APPLICATION: The Air Pollution Control Officer 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 Air Pollution Control Officer have agreed

in writing. If the Air Pollution Control Officer 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 re-submittal of the application, a new 30-day

period to determine completeness shall begin. The Air Pollution Control Officer may,

during the processing of the application, request an applicant to clarify, amplify, correct,

or otherwise supplement the information submitted in the application. Completeness of

an application or re-submitted application shall be evaluated on the following:

402.1 Information requirements set forth in the District's List and Criteria as it exists on

the date on which the application or re-submitted application was received;

402.2 Payment of the appropriate fee pursuant to Rule 301 - PERMIT FEES,

STATIONARY SOURCES; and

402.3. For projects that may affect visibility of a Class I area pursuant to Section 413,

the application shall not be deemed complete without a visibility analysis for any

Class I areas the source may affect.

403 AIR QUALITY MODELS: All air quality models used for the purposes of this rule shall be

consistent with the requirements provided in the most recent edition of U.S.

Environmental Protection Agency "Guidelines on Air Quality Models, 40 CFR 51

Appendix W" unless the Air Pollution Control Officer finds that such model is

inappropriate for use. After making such finding the Air Pollution Control Officer may

designate an alternate model only after allowing for public comment, and only with

concurrence of the U.S. Environmental Protection Agency. Credit shall not be given for

stacks higher than that dictated by good engineering practice. All modeling costs

associated with the siting of a stationary source shall be borne by the applicant.
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

August 23, 2012 214-19

404 ENHANCED NEW SOURCE REVIEW: Applications for which the applicant has

requested review pursuant to this Section shall be reviewed in accordance with the

procedural requirements specified in Sections 401 through 408 of District Rule 207,

TITLE V FEDERAL OPERATING PERMIT PROGRAM.

405 PRELIMINARY DECISION: Following acceptance of an application as complete, the Air

Pollution Control Officer shall perform the evaluations required to determine compliance

with all applicable District, state and federal rules, regulations, or statutes and shall make

a preliminary written decision as to whether an Authority to Construct should be

approved, conditionally approved, or denied. The decision shall be supported by a

succinct written analysis.

406 [RESERVED]

407 AUTHORITY TO CONSTRUCT, FINAL ACTION:

407.1 a. Except as provided in Sections 407.1b and 407.1c, the Air Pollution

Control Officer shall take final action on the application, after considering

all written comments, no later than 180 days after acceptance of an

application as complete.

b. The Air Pollution Control Officer shall not take final action for any project

for which an Environmental Impact Report (EIR) or a Negative

Declaration is being prepared until a final EIR for that project has been

certified or a Negative Declaration for that project has been approved,

and the Air Pollution Control Officer has considered the information in

that final EIR or Negative Declaration. The Air Pollution Control Officer

shall take final action on the application within whichever of the following

periods of time is longer:

1. Within 180 days after the certification of the final EIR or approval

of the Negative Declaration, or

2. Within 180 days of the date on which the application was

determined complete by the Air Pollution Control Officer.

c. The Air Pollution Control Officer shall take final action on applications

reviewed pursuant to the Enhanced New Source Review Process no

later than 18 months after acceptance of an application as complete.

408 REQUIREMENTS, AUTHORITY TO CONSTRUCT AND PERMIT TO OPERATE:

408.1 General Conditions: As a condition for the issuance of a Permit to Operate, the

Air Pollution Control Officer shall require that the emissions unit and stationary

source, and any emissions units which provide emission offsets, be operated in

the manner stated in making the analysis required to determine compliance with

this rule, and as conditioned in the Authority to Construct.

408.2 Emissions Limitations: The following emissions limitations shall be included on

the Authority to Construct and Permit to Operate.

a. Emission limitations which reflect Best Available Control Technology, if

applicable. Such condition shall be expressed in a manner consistent

with testing procedures, such as ppmv NOx, g/liter VOC, or lbs/MMBtu.

b. An enforceable daily emissions limitation, for emissions units subject to

Sections 113.2, and 302.2, and a quarterly emissions limitation for all

regulated air pollutants, and an enforceable annual emissions limitation

for PM2.5 and for any regulated air pollutant for which the stationary

source exceeds the major source or major modification thresholds listed

in Section 227 or 228. Enforceable daily emission limits are also

required for emissions units not required to install BACT pursuant to

Section 411.1.
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214-20 August 23, 2012

c. If the Air Pollution Control Officer determines that technological or

economic limitations on the application of measurement methodology to

a particular class of sources would make the imposition of a numerical

emission standard infeasible, the Air Pollution Control Officer may

instead prescribe a design, operational, or equipment standard. In such

cases, the Air Pollution Control Officer shall make a best estimate as to

the emission rate that will be achieved. Any permits issued without an

enforceable numerical emission standard must contain enforceable

conditions that assure that the design characteristics or equipment will

be properly maintained, or that the operational conditions will be properly

performed, so as to continuously achieve the assumed degree of control.

The Air Pollution Control Officer shall discuss the determination in the

Preliminary Decision prepared pursuant to Section 405.

d. The emissions limitation shall be no less stringent than the applicable

emission standards given in 40 CFR Part 60, Standards of Performance

for New Stationary Sources, and 40 CFR Part 61 and 63, National

Emission Standards for Hazardous Air Pollutants.

408.3 Emission offsets: The following conditions shall be included on the Authority to

Construct and Permit to Operate:

a. Before the Air Pollution Control Officer shall approve or conditionally

approve an application for an Authority to Construct, the applicant shall

supply evidence of a sufficient number of emission reduction credits to

meet any offset obligation in accordance with this rule.

b. The operation of any emissions unit which provides emission offsets

shall be subject to enforceable permit conditions, containing specific

emissions and operational limitations, to ensure that the emission

reductions are provided in accordance with the provisions of this rule.

c. For major stationary sources and major modifications, all emission

reductions claimed as offset credit shall be enforceable as a practical

matter and federally enforceable.

d. A violation of the emission limitation provisions of any contract pursuant

to Rule 204, EMISSION REDUCTION CREDITS, shall be a violation of

this rule by the owner or operator of the permitted stationary source.

e. The operation of any emissions unit which uses emission offsets

provided by another emissions unit shall be subject to enforceable permit

conditions, containing specific emissions and operational limits, to

ensure that the emission reductions are used in accordance with the

provisions of District rules and shall continue for the reasonably expected

life of the proposed emissions unit.

f. Any offsets required pursuant to Sections 302, 303 or any other state or

federal law or regulation must be surrendered prior to commencing

operation of the new or modified source, and the emission offsets shall

be maintained throughout the operation of the new or modified source

which is the beneficiary of the emission offsets.

409 ISSUANCE, PERMIT TO OPERATE: In addition to the requirements of Rule 207, TITLE

V FEDERAL OPERATING PERMIT PROGRAM if applicable, the Air Pollution Control

Officer shall issue a Permit to Operate an emissions unit, pursuant to Rule 201,

GENERAL PERMIT REQUIREMENTS, subject to the requirements of this rule if it is

determined that any offsets required as a condition of an Authority to Construct or

amendment to a Permit to Operate will commence not later than the initial operation of

the new or modified source, and that the emission offsets shall be maintained throughout

the operation of the new or modified source which is the beneficiary of the emission

offsets. Further, the Air Pollution Control Officer shall determine that all conditions

specified in the Authority to Construct have been complied with or will be complied with

by the dates specified on the Authority to Construct. Such applicable conditions shall be

contained in the Permit to Operate. Where a new or modified stationary source is, in

whole or in part, a replacement for an existing stationary source on the same property,
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

August 23, 2012 214-21

the Air Pollution Control Officer may allow a maximum of 90 days as a startup period for

simultaneous operation of the existing stationary source and the new replacement

source.

410 REGULATIONS IN FORCE GOVERN: An Authority to Construct shall be granted or

denied based on Best Available Control Technology and emission offset requirements of

Sections 301, 302, and 303 in force on the date the application is deemed complete, as

defined in Section 402, except when a new federal requirement not yet incorporated into

this rule applies to the new or modified source. In addition, the Air Pollution Control

Officer shall deny an Authority to Construct for any new stationary source or modification,

or any portion thereof, unless:

410.1 The new source or modification, or applicable portion thereof, complies with the

provisions of this rule and all other applicable district rules and regulations; and

410.2 The owner or operator of the proposed new or modified stationary source has

demonstrated that all major stationary sources owned or operated by such

person (or by an entity controlling, controlled by, or under common control with

such person) in California which are subject to emission limitations are in

compliance, or on a schedule for compliance, with all applicable emission

limitations and standards in the Federal Act.

411 EMISSION AND OFFSET CALCULATIONS: The following provisions shall be used:

411.1 BACT – Emissions Increase: The emissions increase for the purposes of

determining BACT applicability pursuant to Section 301 shall be calculated as the

daily Potential to emit minus the daily Historic Potential Emissions. The increase

must be calculated as daily emissions, and calculated separately for each

emissions unit associated with the project.

411.2 Replacing of Air Pollution Control Equipment – Emissions Increase: The

emissions increase for the purposes of replacing of air pollution control

equipment with new control equipment pursuant to Section 229.3e shall be

calculated as the sum of emissions increases from Section 411.1 for all

emissions units in the project.

411.3 Offsets Trigger: For the purposes of determining whether Offsets are required

pursuant to Sections 302.1 and 302.2, emissions shall be calculated as:.

a. For SOx, PM10, and PM2.5: the sum of the potential to emit for all

emissions units at the stationary source installed after January 1, 1977

plus the sum of the potential to emit minus Historic Potential Emissions

for all emissions units installed prior to January 1, 1977 and modified

after January 1, 1977 as determined by Section 411.4 of this rule or

procedures specified in this rule at time of modification.

The increase must be calculated using daily emissions for peaking power

plants and for purposes of Section 303.2 and quarterly emissions for all

other purposes for SOx and PM10. The increase must be calculated in

yearly emissions for PM2.5.

b. For VOC and NOx: the sum of the potential to emit for all emissions units

at the stationary source. The increase must be calculated using daily

emissions for peaking power plants and quarterly emission, for all other

purposes.

c. For VOC and NOx for purposes of Section 303.2: the sum of the

potential to emit for all emissions units at the stationary source installed

after January 1, 1977 plus the sum of the potential to emit minus Historic

Potential Emissions for all emissions units installed prior to January 1,

1977 and modified after January 1, 1977.
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214-22 August 23, 2012

411.4 Quantity of Offsets Required: If offsets are required pursuant to Section 302, the

quantity of offsets to be provided shall be determined as follows:

a. Multiply the sum of all increases of the potential to emit minus the

Historic Potential Emissions for the emissions units associated with a

project by the appropriate offset ratio based on pollutant and location as

specified in Section 303.

b. The calculations shall be performed separately for each pollutant for

each calendar quarter or, where the offset threshold is specified in

tons/yr on an annual basis.

411.5 Emission Increase for Major Modification: The emissions increase from the

project for purposes of Section 227 is the sum of the Potential to Emit for the

project minus the Historic Actual Emissions, as defined in Section 224.1, for the

project. However, the potential to emit, instead of historic actual emissions, can

be used for emissions units if either of the following conditions applies:

a. Actual emissions are at least 80% of the potential to emit limit, or

b. The emissions unit was fully offset for any emissions increase during the

5 year period prior to the date that the application is deemed complete.

412 PLANTWIDE APPLICABILITY LIMITS: Exclusively for the purpose of Section 115, the

operator of a major stationary source may apply to the Air Pollution Control Officer

pursuant to Rule 201, GENERAL PERMIT REQUIREMENTS to establish a PAL.

412.1 All PALs shall be established according to the provisions of 40 CFR 51.165(f);

and

412.2 All PALs shall comply with the requirements under 40 CFR 51.165(f) to either

maintain, renew or retire the PAL.

413 SOURCES IMPACTING CLASS I AREAS: The applicant of a proposed new major

source or major modification that may affect visibility of a Class I area shall provide the

Air Pollution Control Officer with an analysis of impairment to visibility that would occur as

a result of the source or modification and general commercial, residential, industrial, and

other growth associated with the project, as required by 40 CFR Section 51.307(b)(2) and

40 CFR Section 51.166(o).

414 POWER PLANTS: This section shall apply to all power plants over 50 megawatts

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.

414.1 Within 14 days of receipt of a Notice of Intention, the Air Pollution Control Officer

shall notify the Air Resources Board and the California Energy Commission of

the District's intent to participate in the Notice of Intention proceeding. If the

District chooses to participate in the Notice of Intention proceeding, the Air

Pollution Control Officer shall prepare and submit a report to the California Air

Resources Board and the California Energy Commission prior to the conclusion

of the non-adjudicatory hearing specified in Section 25509.5 of the California

Public Resources Code. That report shall include, at a minimum:

a. a preliminary specific definition of Best Available Control Technology for

the proposed facility;

b. a preliminary discussion of whether there is substantial likelihood that the

requirements of this rule and all other District regulations can be satisfied

by the proposed facility;

c. a preliminary list of conditions which the proposed facility must meet in

order to comply with this rule or any other applicable district regulation.

The preliminary determinations contained in the report shall be as specific as

possible within the constraints of the information contained in the Notice of

Intention.
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August 23, 2012 214-23

414.2 Upon receipt of an Application for Certification for a power plant, the Air Pollution

Control Officer shall conduct a determination of compliance review. This

determination shall consist of a review identical to that which would be performed

if an application for a permit to construct had been received for the power plant.

If the information contained in the Application for Certification does not meet the

requirements of this rule, the Air Pollution Control Officer shall, within 20 calendar

days of receipt of the Application for Certification, so inform the California Energy

Commission, and the Application for Certification shall be considered incomplete

and returned to the applicant for resubmittal.

414.3 The Air Pollution Control Officer shall consider the Application for Certification to

be equivalent to an application for a permit to construct during the determination

of compliance review, and shall apply all provisions of all District rules and

regulations which apply to applications for a permit to construct.

414.4 The Air Pollution Control Officer may request from the applicant any information

necessary for the completion of the determination of compliance review. If the

Air Pollution Control Officer is unable to obtain the information, the Air Pollution

Control Officer may petition the presiding Commissioner of the California Energy

Commission for an order directing the applicant to supply such information.

414.5 Within 180 days of accepting an Application for Certification as complete, the Air

Pollution Control Officer shall make a preliminary decision on:

a. whether the proposed power plant meets the requirements of this rule

and all other applicable district regulations; and

b. in the event of compliance, what permit conditions will be required

including the specific Best Available Control Technology requirements

and a description of required mitigation measures.

The preliminary written decision shall be treated as a preliminary

decision under Section 405 of this rule, and shall be finalized by the Air

Pollution Control Officer only after being subject to public notice and

comment requirements. The Air Pollution Control Officer shall not issue

a determination of compliance unless all District rule requirements are

met.

414.6 Within 240 days of the filing date, the Air Pollution Control Officer shall issue and

submit to the California Energy Commission a determination of compliance or, if

such a determination cannot be issued, shall so inform the California Energy

Commission. A determination of compliance shall confer the same rights and

privileges as an Authority to Construct only when and if the California Energy

Commission approves the Application for Certification, and the California Energy

Commission certificate includes all conditions of the determination of compliance.

414.7 Any applicant receiving a certificate from the California Energy Commission

pursuant to this section and in compliance with all conditions of the certificate

shall be issued a Permit to Operate by the Air Pollution Control Officer.
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

214-24 August 23, 2012

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