Imperial County Air Pollution Control District Rule 207

RULE 207 NEW AND MODIFIED STATIONARY SOURCE REVIEW (Adopted prior to 3/17/80; Revised 9/7/93; 9/14/99 ; 10/22/2013 )

A. General

A.1 Purpose :

A.1.a This Rule establishes preconstruction review requirements for new and modified Stationary Sources to ensure that the operation of

such Sources do not interfere with the attainment or maintenance of Ambient Air Quality Standards (AAQS)

.

A.1.b This Rule shall provide for no net increase in emissions, pursuant

to Health and Safety Code (H&SC) Section 40918, from new or

modified Stationary Sources which emit or have the Potential to Emit 137 pounds per day or more of any Nonattainment Pollutant or

their Precursors.

A.2 Applicability:

A.2.a This Rule shall apply to all new Stationary Sources and all Modifications to existing Stationary Sources which are subject to District permit requirements, and after Construction, emit or have

the Potential to Emit one or more Affected Pollutants.

A.2.b Applications received by the District shall be subject to the requirements of this Rule in effect at the time such application is deemed complete, except when a more stringent new federal requirement not yet incorporated into this Rule shall apply to the new or modified Stationary Source

.

A.2.c PUBLIC NOTIFICATION AND PUBLIC INSPECTION
REQUIREMEN TS: All applications for any new or modified Stationary Source or Emissions Unit shall be processed following the provisions of Rule 206, Processing of Applications, and shall be finalized by the Air Pollution Control Officer (APCO) only after being subje ct to the public notice and comment requirement of Rule 206.

A.2.d If any Source or Modification becomes a Major Stationary Source or Major Modification, as defined in this Rule, 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

Modifi cation as though construction had not yet commenced on the

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Source or Modification.

B. Definitions

The following definitions apply for all terms applicable to this Rule. If a term is not defined in this Rule, then the definitions provided in 40 Code of Fede ral Regulations (CFR) 51.165, as of July 1, 2012, shall apply.

ACTUAL EMISSIONS: measured or calculated emissions which most accurately represent the emissions from an Emissions Unit. Determination of Actual Emissions must be based on average actual prod uction rates, fuel consumption and/or throughput rates from the last consecutive 24 months. Emission f actors shall be established by Source testing or obtained from AP

- 42 or other approved

sources.

ACTUAL EMISSIONS REDUCTIONS (AER): reductions of Actual Emissions from an Emissions Unit, calculated pursuant to Section E.2, which are Real, Quantifiable, Surplus, Permanent and Enforceable.

ACTUAL INTERRUPTIONS OF POWER: the interruption of electrical service by

an unforeseeable event.

AFFECTED POLLUTANTS: pollutants for which an Ambient Air Quality Standard (AAQS) have been established by the U nited S tates Environmental Protection Agency (U S EPA ) or the California A ir R esources B oard (CARB) and the

P recursors to such pollutants, and those pollutants regulated by the US EPA

under the C lean A ir A ct (CAA) or by the CARB under the H & SC , except for greenhouse gases and hazardous air pollutants, including but not limited to: Volatile Organic Compounds (VOC), nitrogen oxides (NOx), sulfur oxides (SOx),

Particulate Matter with an aerodynamic diameter equal to or less than 10 micrometers (PM 10 ), Particulate Matter with an aerodynamic diameter equal to or less than 2.5 micrometers (PM 2.5 ), carbon monoxide (CO), lead, fluorides, sulfuric acid mist, hydrogen sulfide, and total reduced sulfur compounds. The term

A ffected P ollutant shall not include any or all hazardous a ir pollutants either listed

in S ection 112 of the CAA or added to the list pursuant to S ection 112(b)(2) of the CAA, and which have not been delisted pursuant to S ection 112(b)(3) of the CAA, unless the listed hazardous air pollutant is also regulated as a constituent

or P recursor of a general pollutant listed under Section 108 of the CAA.

AGRICULTURAL SOURCE: means a S ource of air pollution or a group of

S ources used in the production of crops, or the raising of fowl or animals located on Contiguous P roperty under common ownership or control that meets any of the following criteria;

1. is a Confined A nimal F acility, including, but not limited to, any structure, building, installation, barn, corral, coop, feed storage area, milking parlor,

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or system for the collection, storage, treatment, and distribution of liquid and solid manure, if domesticated animals, including, but not limited to, cattle, calves, horses, sheep, goats, swine, rabbits, chickens, turkeys, or ducks are corralled, penned, or otherwise caused to remain in restricted areas for commercial agricultural purposes and feeding is by means other

than grazing.

2. is an I nternal C ombustion E ngine used in the production of crops or the raising of fowl or animals, including, but not limited to, an engine subject to Article 1.5 (commencing with Section 41750) of Chapter 3 of Part 4 of

Division 26 of the H & SC, except an engine that is used to propel implements of husbandry.

3. is a Title V S ource or is a Source that is otherwise subject to regulation by

the District or the CAA.

AIR POLLUTION CONTROL OFFICER (APCO): the person appointed by the Air Pollution Control Board and assigned to manage and direct the business and operations of the D istrict, or their designee.

AMBIENT AIR QUALITY STANDARDS (AAQS) : for the purposes of this Rule, Ambient Air Quality Standards (AAQS) shall be interpreted to include State and
National AAQS. For the purposes of submittal of this Rule to the US EPA for

inclusion in the California S tate I mplementation P lan (SIP) all references in this Rule to AAQS shall be interpreted as National AAQS.

AUTHORITY TO CONSTRUCT: a written permit i ssued by the District for the

C onstruction, installation, assembly, M odification, or replacement of any facility, article, machine, Equipment, or other contrivance.

BEST AVAILABLE CONTROL TECHNOLOGY (BACT): f or any Emissions Unit the more stringent of:

1. t he most effective emission Control Device, emission limit, or technique which has been achieved in practice for such class or category of Source.

2. a ny other alternative emission C ontrol D evice, emission control technique, basic Equipment, fuel, or process determined to be technologically

feasible and cost

- effective by the APCO. Cost

- effectiveness analyses shall be performed in accordance with methodology and criteria specified in the Best Available Control Technology Guideline for the South Coast Air
Qual ity Management District, or an alternative methodology and criteria acceptable to the APCO.

3. u nder no circumstances shall BACT be determined to be less stringent than the emission control required by any applicable provision of law or

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regulation of the District, State and federal government, or the most stringent emissions limitation which is contained in the implementation plan of any State, unless the applicant demonstrates to the satisfaction of the APCO that such limitations are not technologically achievable. In no event shall the application of BACT result in the emissions of any pollutant which exceeds the emissions allowed by any applicable New Source Performance Standard (40 CFR, part 60) or National Emission Standard for Hazardous Air Pollutants (40 CFR, part 61 or part 63).

CARGO CARRIERS: Cargo Carriers are trains dedicated to a specific Stationary Source. For purposes of this Rule, the term "trains dedicated to a specific Stationary Source" shall not include any train for which the prime mover is owned and operated by a c ommon c arrier, and by which cargo is delivered to or from the Stationary Source under a contract of c ommon carriage. The emissions from all trains dedicated to a specific Stationary Source, while operating in the District,

inc luding directly emitted and F ugitive E missions, shall be considered as emissions from the Stationary Source.

CLASS I AREA : a ny 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.

CLEAN AIR ACT (CAA): the F ederal Cl ean Air Act (42 United States Code

S ection 7401 et seq.) and implementing regulations.

CODE OF FEDERAL REGULATIONS (CFR): the United States document codifying federal regulations.

COMPLETE APPLICATION: completeness of an application for an Authority to

Construct a new or modified Emissions Unit shall be evaluated on the basis of a list of required information which has been adopted by the District.

CONSTRUCTION: any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or Modification of an Emissions Unit) which would result in a change in emissions.

CONTIGUOUS PROPERT Y: two or more Parcels of land with a common boundary or separated solely by a public or private roadway or other public right

- of

- way.

CONTROL DEVICE: any device for reducing emissions into the Atmosphere.

CONTROL EQUIPMENT: air pollution C ontrol Equipment that eliminates,

reduces or controls the issuance of air emissions.

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DAILY EMISSIONS LIMIT: one or a combination of permit con ditions, specific to an Emissions Unit, which restricts its maximum daily emissions, in pounds per day, at or below the emissions associated with the maximum design capacity. A daily emissions limit must be:

1. c ontained in and Enforceable by the latest Authority to Construct or the

latest Permit to Operate for the Emissions Unit, and

2. E nforceable on a daily basis, and

3. e stablished pursuant to a permitting action occurring after September 7,

1993.

DISTRICT: the Imperial County Ai r Pollution Control District (ICAPCD).

EMISSION REDUCTION CREDITS (ERC ’ s): reductions of Actual Emissions from an Emissions Unit that are registered with the District in accordance with the requirements of Rule 214.

EMISSION INCREASE: means any increase in a Stationary Source or an Emissions Unit’s Potential to Emit, calculated pursuant to Section E.3 of this

Rule.

EMISSIONS UNIT: an identifiable operation or piece of process Equipment, such as an article, machine, or other contrivance, which emits, has the Potential to Emit, or results in the emissions of any air pollutant directly or as Fugitive

E missions.

ENFORCEABLE: means certain actions which are assured by verifiable and legally binding conditions in an Authority to Construct and/or Permit to Operate.

EQUIPMENT: includes any article, machine, or contrivance that emits, has the Potential to Emit, or re duces emissions of any air po llutant emitted directly or as

F ugitive E missions.

ERC: see Emission Reduction Credits.

FEDERAL LAND MANAGER : t he Secretary of the Department with authority over the specified federal lands.

FLUORIDES: elemental fluorine and all fluoride compounds.

FUGITIVE EMISSIONS: those emissions which cannot reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

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HALOGENATED HYDROCARBONS: all Halogenated Hydrocarbons listed as
exempt under the definiti on of Volatile Organic Compounds.

HEALTH AND SAFETY CODE (H&SC): "Health and Safety Code" refers to the California Health and Safety Code.

HISTORIC ACTUAL EMISSIONS: Actual Emissions from an existing Emissions Unit averaged over a 24 month period immediately preceding the date of application. The APCO may approve another 24 month period within the last 60 months, if the APCO determines that the other period is more representative of normal operation s . Where an Emissions Unit has been in operation for les s than 24 months a shorter averaging period of at least 12 months may be used providing it represents the full operational history of the Emis sion Unit. The

Historic Actual E missions from Emission Units which have been in operation for

less than 12 months shall be equal to zero. Historic Actual Emissions are to be calculated in pounds per quarter for each calendar quarter. Historic Actual Emissions in quarters 2 or 3 may be lowered by transferring these emissions to quarters 1 or 4, provided that the res ulting emissions in quarters 1 or 4 are no higher than the higher of quarters 2 or 3.

IDENTICAL REPLACEMENT UNIT: a replacement Emissions Unit which is the same as the original unit in all respects except for the serial number.

MAJOR MODIFICATION: a Mod ification to a Major Stationary Source which results in a Significant Emission Increase and a Significant Net Emission Increase of the pollutant for which the Stationary Source is classified as a Major Stationary Source.

MAJOR STATIONARY SOURCE: means a S tationary S ource which emits, or

has the Potential to Emit 100 tons per year (tpy) or more of Volatile Organic Compounds or Oxides of Nitrogen, or 70 tpy or more of PM 10 , or a PM 10 P recursor or 100 tpy or more of PM 2.5 or a PM 2.5 P recursor. In addition, any physical change occurring at a Stationary Source which is not already a Majo r Stationary Source, and which Modification would constitute a Major Stationary Source by itself, makes the Source a Major Stationary Source.

MODIFICATION: any physical change, change in method of operation of, or addition to, an existing Emissions Unit, or any change in hours of operation or production rate which would necessitate a change in permit conditions.

Unless previously limited by a permit condition, the follow ing shall not be

considered a Modification:

1. c hange in ownership of an existing Stationary Source with valid Permit(s) to Operate.

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2. r outine maintenance or repair.

3. a n I dentical R eplacement U nit, if the M odification does not result in a Major Modification.

A Modification of an Emissions Unit also occurs when there is an increase in

emissions from such a unit caused by a Modification of the Stationary Source and the Emissions Unit is not subject to a Daily Emissions Limit.

A Modification to a Stationary Source shall include any Modification of its permitted Emissions Unit(s) or the addition of any new Emissions Unit (s).

A R econstructed Stationary Source shall be treated as a new Stationary Source

and not as a Modification.

NONATTAINMENT AREA: an area de signated by a S tate or federal agency as exceeding a State or National Ambient Air Quality Standard.

NONATTAINMENT POLLUTANT: any pollutant or P recursor which has been designated "nonattainment" by the US EPA as codified in 40 CFR S ection 81.305 or that has been designated “nonattainment” by the CARB pursuant to H&SC

Section 39607.

OFFSET: the use of an emission decrease to compensate for an Emission Increase from a new or modified Stationary Source subject to the requirements of

Rule 207.

PARTICULATE M ATTER: any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions. Dust shall also

be considered as Particulate Matter.

PARTICULATE MATTER (PM 10 ): Particulate Matter with an aerodynamic

diamet er equal to or less than 10 micrometers. Gaseous em issions which

condense to form P articulate M atter at ambient temperatures shall be included.

PARTICULATE MATTER (PM 2.5 ): Particulate Matter with an aerodynamic diameter equal to or less than 2.5 micrometers. Gaseous emissions which

condense to form P articulate M atter at ambient temperatures shall be included.

PERMANENT: the actual emission reductions that continue or endure for the duration of any P roject utilizing the resulting ERC’s as O ffsets.

PERM IT TO OPERATE: the written permit issued by the District for the operation of any facility, article, machine, Equipment, Emission Unit or other contrivance.

PERSON: any person, firm

, association, organization, partnership, business

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trust, corporation, company, limited liability company, contractor, supplier, installer, user or owner, or any federal, State or local government agency, public district, or any officer or employee thereof.

PM 2.5 NONATTAINMENT AREA: that portion of Imperial County which lies within the line described as follows: (San Bernardino Base and Meridian) Beginning at

the intersection of the United States

- Mexico Border and the southeast corner of T17S R11E, then north along the range line of the eastern edge of range R11E, then east along the township line of the southern edge of T12S to the northeast corner of T13S R15E, then south along the range line common to R15E and R16E, to the United States

- Mexico border.

POTENTI AL EMISSIONS: the sum of the maximum emissions from all

Emission s Units at a Stationary Source, based on the maximum design capacity, unless otherwise limited by practically and legally Enforceable conditions contained in the Authority to Construct and/or Permit to Operate, expressed in terms of pounds per quarter. (Pounds per quarter for PM 10 , PM 2.5 and sulfur oxides shall be determined by multiplying the Daily Emission Limit, in pounds per day, by the permitted operating days per quarter.)

POTENTIAL TO E MIT: the maximum capacity of an Emissions Unit to emit an Affected Pollutant based on its physical and operational design. Any physical or operational limitation on the capacity of the Emission s Unit to emit a poll utant, including air pollution C ontrol E quipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is incorporated into the applicable permit as a practically and legally

E nforceable permit condition.

PRECURSOR: a directly emitted Affected Pollutant that, when released into the Atmosphere, forms or causes to be formed or contributes to the formation of a

s econdary pollutant for which a S tate or National AAQS has been adopted, or whose presence in the Atmosphere will contribute to the violation of one or more

S tate or National AAQS. The following P recursor secondary pollutant relationships shall be used for the purposes of this R ule:

PR ECURSORS SECONDARY POLLUTANTS

Hydrocarbons and substituted a) Photochemical Oxidant (Ozone) hydrocarbons (Volatile Organic b) The organic fraction of PM 10 Compound s ). c) Organic fraction of PM 2.5 , if

V olatile Organic C ompounds are determined to be a necessary part

of the PM 2.5 control strategy in the

attainment demonstration approved by the US EPA in the

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SIP

Nitrogen Oxides (NOx) a) Nitrogen Dioxide (NO 2 ) b) The nitrate fraction of PM 10 c) Photochemical Oxidant (Ozone) d) The nitrate fraction of PM 2.5

Sulfur Oxides (SOx) a) Sulfur Dioxide (SO 2 ) b) Sulfates (SO 4 ) c) The sulfate fraction of PM 10 d) The sulfate fraction of PM 2.5

Ammonia a) Organic fraction of Nitrate, if

ammonia is determined to be a necessary part of the PM 2 .5 control strategy in the attainment demonstration approved by the

US EPA in the SIP

PROJECT: activity, for which a permit is required, or that has the Potentia l to

Emit Air Contaminants. A P roject includes all of the Emission Units associated with the scope of the preconstruction application for a new or modified Stationary Source and any Emissions Unit (s) indirectly affected.

PROPOSED EMISSIONS: the Potential to Emit for a new or post Modification

Emissions Unit.

QUANTIFIABLE: means a reliable, replicable and accurate basis for calculating the amount, rate, nature and characteristic of an emission reduction by adhering to a quantification protocol that can be established considering US EPA, C ARB and District policies and procedures.

QUARTERLY: the c alendar quarter beginning on January 1, April 1, July 1, and

October 1.

REAL: a "real" emission reduction means that actual air emissions are reduced and that they are actually occurring and not artificially devised.

REASONABLY AVAILABLE CONTROL TECHNOLO GY (RACT): is the most stringent of the following control options:

1. t he most effective emission limits in existing regulations that are currently in effect in any District whose nonattainment status is designated as moderate, with such limits resulting from the application of retrofit technologies judged by the APCO to be demonstrated and reliable.

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2. e mission limits identified in existing Suggested Control Measures (SCM ’s ), model rules, the US EPA’s Control Techniques Guidelines (CTG ’ s) or

other such documents.

3. e mission limits in new (post 1988) S CM’ s and the technical review group of the California Air Pollution Control Officers Association approved Reasonably Availability Control Technology/Best Available Retrofit Control Technology (RACT/BARCT) determinations, which are not identified as BACT and are less stringent than BACT.

4. t he lowest emission limit that can be achieved by the specific Source by the application of control technology taking into account environmental impacts, technological feasibi lity, cost

- effectiveness, and the specific design features or extent of necessar y Modifications to the Source. Emission limits for existing specific Sources may be found in the field

studies and evaluations of District regulations conducted by the U S EPA

and the C ARB

.

5. t he lowest emission limit achieved for the Source category that is technically feasible, economically reasonable and achieved in practice anywhere (including outside the United States), with such limits resulting from the application of retrofit control technologies judged by the APCO to

be demonstrated and reliable.

6. a ny combination of control technologies that will achieve emission reductions equivalent to that resulting from the most stringent option listed

above.

RECONSTRUCTED STATIONARY SOURCE: any Sta tionary Source 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. Fixed capital cost means that capital needed to provide all

the depreciable components.

RULE: a Rule of the Air Pollution Control District of Imperial County.

SHUTDOWN: means an action necessary to cease operation of an Emission s Unit and includes the amount of time needed to safely do so. For the purposes

of calcu lating ERC ’s , means the Permanent cessation of emissions from an emitting unit and the surrender of the operating permit.

SIGNIFICANT: in reference to an Emission Increase or the potential of a Source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

1. PM 2.5 : 10 tpy of direct PM 2.5 or 40 tpy of sulfur dioxide emissions or 40 tpy

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of nitrogen oxide emissions.

2. Nitrogen oxides: 40 tpy;

3. Sulfur dioxide: 40 tpy;

4. VOC ’ s: 40 tpy; and

5. PM 10 : 15 tpy.

SIGNIFICANT EMISSION INCREASE: an increase in emissions that is Significant for that pollutant.

SIGNIFICANT NET EMISSION INCREASE: an increase in net emissions that is Significant for that pollutant. The “net emission increase” shall be determined as defined in 40 CFR 51.165.

SOURCE: a specific device, article, or piece of Equipment from which Air Contaminants are emitted, or the distinct place (such as with fires or other chemical activity) from which Air Contaminants are emitted. A Project or fa cility may have more than one Source and the term may be used to describe a group

of "Sources."

STATIONARY SOURCE: any building, structure, facility, Equipment, or Emissions Unit which emits or may emit any Affected Pollutant directly or as a Fugitive Emission. Building, structure, or facility includes all pollutant emitting activities, including Emission Units, which:

1. a re located on one or more contiguous or adjacent properties, and

2. a re under the same or common ownership or operation, or which are owned or operated by entities which are under common control, and

3. b elong to the same industrial grouping either by virtue of falling within the

same two

- digit standard industrial classification code or by virtue of being part of a common production process, industrial process, manufacturing process, or connected process involving a common raw material.

SURPLUS: the amount of emission reductions that are, at the time of generation of an ERC, not otherwise required by federal, State, or local law, not required by any legal settlement or consent decree, and not relied upon to meet any requirement related to the California SIP . For the purposes of Sections C.2.c and C.2.d, “Surplus” means the amount of emission reductions that are, at the time of use of an ERC, not otherwise required by federal, State, or local law, not required by any legal settlement or consent decree, and not relied upon to meet any requirement related to the California SIP. However, emission reductions

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required by a State statute that provides that the subject emission reductions shall be considered Surplus may be considered Surplus for purposes of th is Rule if those reductions meet all other requirements of this section. Examples of federal, State, and local laws and of SIP

- related requirements include, but are not limited to, the following:

1. t he federally

- approved California SIP;

2. o ther adopted State air quality laws, and regulations not in the SIP, including but not limited to, any requirement, regulation, or measure that: (1) the District or the State has included on a legally

- required and publicly

available list of measures that are scheduled for adoption by the District or the State in the future; or (2) is the subject of a public notice distributed by the District or the State regarding an intent to adopt such revision;

3. a ny other Source or Source

- category specific regulatory or permitting requirem ent, including, but not limited to, RACT, New Source Performance Standards (NSPS), National Emission Standards for

Hazardous Air Pollutants (NESHAP), Best Available Control Measures (BACM), BACT, and the Lowest Achievable Emission Rates (LAER); and

4. a ny regulation or supporting documentation that is required by the CAA but is not contained or referenced in 40 CFR Part 52, including but not limited to: assumptions used in attainment and maintenance demonstrations (including Reasonable Further Progress d emonstrations and milestone demonstrations), including any proposed control measure identified as potentially contributing to an E nforceable near

- term emissions reduction commitment; assumptions used in conformity demonstrations, and assumptions used in emissions inventories.

5. e mission reductions produced by monies from any public air quality related funding program including but not limited to the Carl Moyer Memorial Air Quality Standards Attainment Program and the vehicle registration surcharge fee.

TOTA L REDUCED SULFUR COMPOUNDS: the sulfur compounds methyl mercaptan, dimethyl sulfide, dimethyl disulfide, carbon disulfide, and carbonyl

sulfide.

TRANSFER: in reference to ERC’s , means the conveyance of an ERC from one entity to another.

UNITED STATES ENV IRONMENTAL PROTECTION AGENCY (US EPA): the Administrator or appropriate delegate of the "United States Environmental Protection Agency."

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VOLATILE ORGANIC COMPOUND (VOC): any volatile compound containing at least one atom of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following:

1. Methane; methylene chloride (dichloromethane);
1,1,1

- trichloroethane (methyl chloroform); trichlorofluoromethane (CFC

- 11); dichlorodifluoromethane (CFC

- 12);
1,1,2

- trichloro

- 1,2,2

- trifluoroethane (CFC

- 113);
1,2

- dichloro

- 1,1,2,2

- tetrafluoroethane (CFC

- 114); chloropentafluoroethane (CFC

- 115); chlorodifluoromethane (HCFC

- 22);
2,2

- dichloro

- 1,1,1

- trifluoroethane (HCFC

- 123);

2- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124);
1,1

- dichloro -1- fluoroethane (HCFC

- 141b);

1- chloro

- 1,1

- difluoroethane (HCFC

- 142b); trifluoromethane (HFC

- 23); pentafluoroethane (HFC

- 125);
1,1,2,2

- tetrafluoroethane (HFC

- 134);
1,1,1,2

- tetrafluoroethane (HFC

- 134a);
1,1, 1- trifluoroethane (HFC

- 143a);
1,1

- difluoroethane (HFC

- 152a); cyclic, branched, or linear completely methylated siloxanes; the following classes of perfluorocarbons:

(A) cyclic, branched, or linear, completely fluorinated alkanes; (B) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (C) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (D) sulfur

- containing perfluorocarbons with no unsaturations and with the sulfur bonds only to carbon and fluo rine; and

2. t he following low

- Reactive O rganic C ompounds which have been exempted by the US EPA:

acetone; ethane; parachlorobenzotrifluoride (1

- chloro -4- trifluoromethyl benzene); perchloroethylene; methyl acetate; propylene carbonate and dimethyl carbonate

3. Perfluorocarbon and Methylated Siloxane compounds shall be assumed to

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be absent from any product or process unless the manufacturer or operator indicates which specific, individual compounds from these broad classes are present, indicated the amount(s) present, and demonstrates the availability of a test method approved by the US EPA, the C ARB, and the District for verifying the amount(s) present quantitatively.

4. Tertiary

- Butyl Acetate (also known as t

- butyl acetate, TBAC or TBAc) shall be considered exempt as a VOC only for purposes of VOC emissions limitations or VOC content requirements, but will continue to be a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements with apply to VOCs.

C. Standards

C.1 Best Available Control Technology (BACT)

C.1.a An applicant shall apply (BACT) on a pollutant by pollutant basis to any new Emissions Unit with a Potential to Emit of 25 pounds per day or more of any Nonattainment Pollutant or its Precursors. For

PM 2.5 this provision applies only to Emission s Units located in the

PM 2.5 Nonattainment Area of Imperial County.

C.1.b An applicant shall apply (BACT) on a pollutant by pollutant basis to any modified Emissions Unit with a Potential to Emit of 25 pounds per day or more of any Nonattainment Pollutant or its Precursors.

For PM 2.5 this provision applies only to Emission s Units located in

the PM 2.5 Nonattainment Area of Imperial County.

C.1.c Pursuant to adoption of Rule 207 by t he Imperial Air Pollution Control District Board on October 22, 2013, this Subsection is not

submitted to the US EPA for inclusion in the California SIP

C.1.d For projects to be constructed in phases, the BACT determination

for E quipment to be added or modified in each phase shall be reevaluated no more than 18 months prior to the commencement of construction of that phase of the project. If it is determined that

current BACT will result in lower emissions than previously determined, then current BACT shall be applied. Equipment which was installed during prior phases and which will not be modified during the current phase shall not be subject to the redetermination

of the BACT

.

C.1.e Cargo Carriers shall not be required to implement BACT

.

C.1.f BACT shall not b e required for any new Emissions Unit or Modification of an existing Emissions Unit used solely for the

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purpose of compliance with District, S tate, or federal air pollution control laws, regulations, or orders, as approved by the APCO

, provided there is no increase in the permitted production rate, operating schedule, or maximum E quipment rating ; and the new or

modified Emission s Unit does not result in a new Major Stationary Source or Major Modification. This exemption applies only to the primary pollutant for which compliance with District, S tate, or federal air pollution control laws, regulations, or orders is required. The APCO shall require the use of RACT for control of consequent pollutants that are the direct result of the use of an abatem ent device or emission reduction techniques implemented to comply with the BACT requirements for control of another pollutant.

C.1.g BACT shall not be required for any Modification of an existing Emissions Unit used for voluntary emission reduction s for the sole purpose of generating ERC’s . This exemption applies only to the pollutant for which ERC’s are obtained.

C.1.h For emergency standby E quipment which meets the requirements

of Section C.2. g, o nly those emissions which occur during routine operation of the E quipment for maintenance purposes shall be considered for the purpose of determining if the application of

BACT is required for the e mergency standby E quipment.

C.2 Offset Requirements General: Offsets are A ctual E mission R eductions (AER’s) , calculated pursuant to Section E of this Rule , sufficient to Offset

E mission I ncreases from a new or modified Emissions Unit. A new or modified Emissions Unit subject to the Offset requirements of this Rule shall provide Offsets for each calendar quarter as specified in Subsection

C.3. The quantity of emissions to be offset shall be based on an initial

estimate of proposed Emission Increases for the Project. The APCO shall require the use of acceptable meth ods to accurately estimate the emissions from the proposed Project , and shall require acceptable

methods to measure those emissions once the S ource is operating.

C.2.a Pursuant to adoption of Rule 207 by the Imperial Air Pollution Control District Board on October 22, 2013, this Subsection is not

submitted to the US EPA for inclusion in the California SIP

C.2.b Pursuant to adoption of Rule 207 by the Imperial Air Pollution Control District Board on October 22, 2013, this Subsection is not

submitted to the US EPA for inclusion in the California SIP

C.2.c Major Stationary Source Requirement to Provide Offsets: A Stationary Source whose P roject emissions will result in a new Major Stationary Source determination shall Offset all Emission

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Increases from the Project for ea ch Nonattainment Pollutant that constitutes a Major Stationary Source. For PM 2.5 , this provision applies only to Stationary Sources located in the PM 2.5 Nonattainment Area of Imperial County.

C.2.d Major Modification to a Major Stationary Source Requirement to Provide Offsets: A Modification of an existing Major Stationary Source whose Project emissions will result in a Major Modification

shall Offset all Emission Increases that constitutes a Major

Modification. For PM 2.5 , this provision applies only to Stati onary Sources located in the PM 2.5 Nonattainment Area of Imperial County.

C.2.e The PM 10 emissions from an existing Stationary Source shall be calculated using applicable PM 10 emission factors.

C.2.f In no case shall Halogenated Hydrocarbons be used as Offsets for

Volatile Organic Compounds.

C.2.g The APCO may exempt an applicant from the requirements of

Sections C.2 and C.3 of this Rule for Equipment to be used exclusively as emergency standby Equipment for non

- utility electrical power generation and not used in conjunction with any utility voluntary demand reduction program, provided:

C.2.g.1 Operation for maintenance purposes is limited to 100 hours per year, and such maintenance shall be scheduled in cooperation with the District so as to have no adverse air quality impact, and to maintain Reasonable Further Progress, and operation of diesel engines may be further limited by the CARB’s Airborne Toxic Control Measure for Stationary Compression Engines pursuant to H&SC Section 93115.6(a), and

C.2.g.2 Operation for other than maintenance purposes shall be limited to Actual Interruptions of Power by the serving utility. Appropriate record keeping shall be required to verify and maintain this exemption.

C.2.h Offsets for carbon monoxide emissions from Sources located in

carbon monoxide attain ment areas shall not be required if the applicant demonstrates to the satisfaction of the APCO , pursuant to
Section F of this Rule , that the carbon monoxide E mission

I ncreases will not cause or contribute to a violation of AAQS

.

C.2.i Upon approval by the APCO

, an exemption from S ections C.2.a

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and C.2.b, shall be allowed, provided BACT is utilized, for the following subject permit units:

C.2.i.1 Abrasive Blasting Equipment, which has been registered under the Statewide Portable Equipment Registration Program (PERP).

C.2.i.2 Air Pollution Control Devices: Emission Increases, which do not result in a new Major Stationary Source or Major Modification, from an Emissions Unit that results from the installation, operation or other implementation of any emission Control Device or technique used to comply with a District, State, or federal emission control requirement, including, but not limited to, requirements for the use of RACT or Best Available Retrofit Control Technology (BARCT), unless there is a Modification that results in an increase in the capacity of the unit being controlled.

C.2.i.3 Emergencies: Emergencies which comply with the provisions of the Hearing Board Procedures for which Offsets are not required under those procedures.

C.2.j Except for Major Stationary Sources or Major Modi fications, Agricultural Sources required to obtain a District permit shall be exempted from obtaining emission Offsets for any pollutant emitted from a particular Source, if the emissions from that Source would not meet the criteria necessary for creating Real, Permanent

, Quantifiable, and Enforceable emission reductions.

C.3 Location of Offsets and Offset Ratios:

C.3.a A new or modified Stationary Source subject to the Offset requirements of this Rule shall provide Offsets for each calendar quarter equal to the Em ission Increase for each calendar quarter,

calculated in accordance with Section E of this Rule , and multiplied by using the appropriate Offset ratio listed in the following table:

LOCATION Offset RATIO

Within the same Source 1 to 1

Within 50 miles of the Source 1.2 to 1

More than 50 miles from the Source, and within air basin No greater than 3 to 1 or less than 1.2 to 1, as necessary to assure the Stationary Source will not prevent or interfere with the

attainment or maintenance

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of any AAQS

C.3.b The APCO may impose, based on the air quality analysis, a higher Offset ratio such that the new or modified Stationary Source will not prevent or interfere with the attainment or maintenance of any
AAQS.

C.3.c Offsets shall be obtained from emission S ources located wit hin the

same N onattainment A rea within the District as the proposed

S ource or an emission S ource that is located in the same air basin and in a Nonattainment Area with equal or worse nonattainment

status

.

C.4 Offset Requirements:

C.4.a Offsets which are obtained to meet the requirements of Sections

C.2 and C.3 from a n air d istrict other than that in which the proposed Source is located, but within the same air basin

, may be used only if the APCO has reviewed the permit conditions issued by the a ir p ollution c ontrol d istrict in which the proposed Offsets are obtained and certifies that such Offsets meet the requirements of

H&SC S ection 40709.6 and this Rule and will not be used as mitigation for any other new or modified Emissions Unit (s). Intra

District Offsets used to meet Major Stationary Source Offset requirements shall be approved by the US EPA.

C.4.b Interpollutant Offsets, including interpollutant trades between PM 10 and PM 10 P recursors, may be approved by the APCO on a

case- by

- case basis, provided that the trade is technically justified and that the applicant demonstrates to the satisfaction of the APCO

that the emissions from the new or modified Source will not cause

or contribute to a violation of an AAQS

. T he APCO shall, based on

an air quality impact analysis, impose Offset ratios equal to or greater than those required in Section C.3 of this Rule

. PM 10 emission reductions shall not be allowed to Offset nitrogen oxide or

Volatile O rganic C ompound Emission Increases in ozone

Nonattai nment Areas. PM 10 emission reductions shall not be

allowed to Offset sulfur oxide Emission Increases in sulfate

Nonattainment Areas. Interpollutant Offsets between PM 2.5 and

PM 2.5 Precursors are only allowed at specific ratios as approved into the SIP by the US EPA. Interpollutant Offsets used to meet federal Nonattainment Area Offset requirements shall be approved by the US EPA

.

C.4.c Offsets for new or modified Stationary Sources shall occur during

the same annual time period as the Stationary Source will o perate

.

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C.4.d Source Shutdowns or permanent curtailments in production or operating hours occurring before an application for an ERC is filed per Rule 214 may not be used as Offsets.

C.5 Additional Source Requirements:

C.5.a Alternative Siting: The applicant shall prepare an analysis functionally equivalent to the requirements of Division 13, Section 21000 et. seq. of the Public Resources Code for Sources for which an analysis of alternative sites, sizes, and production proces ses is required under Section 173 of the CAA

.

C.5.b Ambient Air Quality Standard s:

C.5.b.1 Emissions from a new or modified Emissions Unit shall not

cause or make worse a violation of an AAQS

.

C.5.b.2 Section F of this Rule shall be used to estimate the effects of a new or modified Emissions Unit. In making this

determination the APCO shall take into account the increases in minor and secondary emissions as well as the mitigation of emissions through Offsets obtained pursuant

to this Rule

.

C.5.b.3 A new or modified Emissions Unit may be exempt from the provisions of Subsection C.5.b. 2 provided that the new or modified Stationary Source is not subject to the public noticing requirements of Rule 206, Processing of Applications.

C.5.c Compliance By Other Owned, Operated, Or Controlled Sour ces: The Owner or Operator of a proposed new or modified Emissions

Unit shall demonstrate to the satisfaction of the APCO that all Stationary Sources owned or operated by such Person (or by any entity controlling, controlled by, or under common control of 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.

C.5.d Except for Major Stationary Sources or Major Modifications, Projects which burn municipal waste, landfill gas or digester gas

shall also be reviewed consistent with H&SC Section 42314.1 and

42315.

C.5.e Issuance of an Authority to Construct shall not relieve any Owner or

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O perator of the responsibility to comply fully with any applicable

p rovision of the District portion of the California SIP and any other requirements under District, S tate or f ederal law.

D. Administrative Requirements

The following administrative requirements, in addition to other requirements specified in all applicable District R ules and regulations, shall apply to all applications for a new or modified Emissions Unit, except for the review of power plants 50 megawatts and greater. Power plants 50 megawatts and greater shall be subject to the administrative requirements of Section D. 4.

D.1 Authority To C onstruct - General Conditions:

D.1.a An Authority to Construct shall not be issued unless the new or modified Emissions Unit complies with the provisions of this Rule and all applicable District Rules and regulations.

D.1.b An Authority to Construct shall require a new or modified Emissions Unit be built in accordance with specifications and plans contained in the application and approved by the APCO.

D.1.c An Authority to Construct shall contain all conditions deemed necessary by the APCO to assure Construction and operation of an Emissions Unit in the manner assumed in making the analysis to determine compliance with this Rule and all applicable District Rules and regulations.

D.1.d An Authority to Construct shall include all conditio ns deemed necessary by the APCO to assure compliance with the Offset requirements of this Rule.

D.1.e An Authority to Construct permit shall include Daily Emission Limits which reflect applicable emission standards.

D.1.f The APCO shall consult with the Federal Land Manager on a proposed Major Stationary Source or Major Modification that may impact visibility in any Class I Area.

An Authority to Construct permit shall address the potential to impact air quality (including visibility) of any Class 1 federal area.

D.1.g Pursuant to adoption of Rule 207 by the Imperial Air Pollution Control District Board on October 22, 2013, this Subsection is not

submitted to the US EPA for inclusion in the California SIP

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D.2 Permit to Operate - General Conditions:

D.2.a A Permit to Operate shall require that a new or modified Emissions Unit be operated in the manner assumed in making the analysis to determine compliance with this Rule and all applicable District Rules and regulations and as conditioned in the Authority to

Construct.

D.2.b A Permit t o Operate shall include Daily Emission Limits which reflect applicable emission standards.

D.2.c Prior to the issuance of a Permit to Operate the APCO shall make a determination that the Source complies with the conditions established in the Authority to Constr uct.

D.3 Offset Conditions:

D.3.a For any Stationary Source which provides emission Offsets, the Source’s Permit to Operate shall be subject to Enforceable permit conditions containing specific operational and Daily Emissions Limits, which ensure that the emission reductions are provided in accordance with the provisions of this Rule and shall continue for the reasonably expected life of the proposed Source which required

Offsets.

D.3.b Pursuant to adoption of Rule 207 by the Imperial Air Pollution

Control District Board on October 22, 2013, this Subsection is not

submitted to the US EPA for inclusion in the California SIP

D.3.c Offsets required as a condition of an Authority to Construct or a Permit to Operate shall be Enforceable requirements at the time of Authority to Construct issuance and shall be in effect no later than the date of initial operation of the new or modified E missions Unit. Where a new or modified Emissions Unit requires a shake

- down period, and is a replacement for an existing Emissions Unit, the APCO may allow a maximum of 90 days as a start

- up period for simultaneous operation of the existing Emissions Unit and the replacement Emissions Unit.

D.3.d For Major Stationary Sources and Major Modifications which are constructed in phases, the Authority to Construct shall clearly identify each phase of the p Project, the Emissions Unit(s) to be added at each phase, and t he permitted emissions associated with those Emissions Units. The initial Authority to Construct for the Project shall identify sufficient Offsets for all Project phases in order

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to confirm Project feasibility. The Offsets for each phase shall (1) be implemented prior to the initiation of construction of that phase, (2) shall remain in effect for the life of the Equipment installed in that phase, (3) shall meet the Rules and regulations in effect at the time of initiation of construction for that phase, a nd (4) shall be reevaluated for consistency with local, State and federal requirements by the District not more than 18 months prior to the initiation of construction for that phase. The Permit to Operate for each phase of the p Project shall be issued separately, after the District finds that the above requirements, in addition to any other applicable requirements of these Rules and regulations, have been

met.

D.4 Power Plants: Thi s section shall apply to all power plants proposed to be

constructed with in Im perial County and for which a Notice of Intent (NOI) or Application for Certification (AFC) has been accepted by the California Energy Commission.

D.4.a Within 14 days of receipt of a N OI , the APCO shall notify the CARB and the California Energy Commission of the District's intent to participate in the NOI proceeding. If the District chooses to participate in the NOI proceeding, the APCO shall prepare and submit a report to the CARB and the California Energy Commission prior to the conclusion of the nonadjudicatory hearing specified in

Section 25509.5 of the California Public Resources Code. That report shall include, at a minimum:

D.4.a.1 A specific preliminary determination of BACT for the proposed facility;

D.4.a.2 A preliminary discussion of whether there is substantial likelihood that the requirements of this Rule and all other District Rules and regulations can be satisfied by the proposed facility; and

D.4.a.3 A preliminary list of conditions which the proposed facility must meet in order to comply with this Rule or any other applicable District Rules or regulations.

The preliminary determinations contained in the report shall be as specific as possible within the constraints of the information

contained in the NOI.

D.4.b Upon receipt of an application for certification for a power plant, the

APCO shall conduct a determination of compliance review. This

determination shall consist of a review identical to that which would

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be performed if an application for a n A uthority to C onstruct had been received for the power plant. If the information contained in the application for the certification does not meet the requirements

of this Rule , the APCO 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 re

submittal.

D.4.c The APCO shall consider the application for certification to be equivalent to an application for an Authority to Construct during the determination of compliance review, and shall apply all provisions

of this Rule which apply to applications for an Authority to

Construct

.

D.4.d The APCO may request from the applicant any information necessary for the completion of the determination of compliance

review. If the APCO is unable to obtain the information, the APCO may petition the presiding Commissioner of the California Energy Commission for an order directing the applicant to supply such

information.

D.4.e Within 180 days of accepting an application for certification as complete, as specified in Section D.4.b, the APCO shall make a preliminary decision on:

D.4.e.1 whether the proposed power plant meets the requirements of this Rule and all other applicable District regulations;

and

D.4.e.2 in the event of compliance, what permit conditions will be required including the specific BACT requirements and a description of required mitigation measures.

D.4.e.3 The preliminary written decision under Subsection D.4.e shall be treated as a preliminary decision under Rule 206, Processing of Applications, and shall be finalized by the APCO only after being subject to the public notice and comment requirements of Rule 206. The APCO shall not issue a preliminary determination of compliance unless all requirements of this Rule are met.

D.4.f Within 240 days of accepting an application for certification as complete, as specified in Section D.4.b, the APCO shall issue and submit to the California Energy Commission a preliminary determination of compliance or, if such a determination cannot be

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issued, shall so inform the California Energy Commission. A determination of compliance shall confer the same rights and privileges as an A uthority to C onstruct only when and if the

Califor nia Energy Commission approves the application for certification, and the California Energy Commission certificate

includes all conditions of the final determination of compliance.

D.4.g Any applicant receiving a certificate from the California Energy

Commissio n pursuant to this section and demonstrates compliance with all conditions related to air pollution of the certificate shall be issued a Permit to Operate by the APCO

.

E. Calculations

E.1 Calculation Of Offsets Required: Calendar quarter calculations used for determining Offsets required shall be determined as follows:

E.1.a the daily Emission Increase multiplied by the number of permitted days in each calendar quarter; or

E.1.b the Potential to Emit on a Quarterly basis, provided that in addition to Daily Emissions Limi ts, the Authority to Construct and Permit to Operate contain Enforceable conditions which limit emissions from the Emissions Unit for each calendar quarter

E.2 Calculation Of Actual Emissions Reductions (AER’s) To Be Used As

Offsets: AER ’ s resulting from Mod ifications to existing Emissions Units

shall be calculated based on emission reductions from the Historic Actual Emissions for that Emissions Unit. Only positive values so calculated may qualify as AER ’ s. Prior to use as Offsets, all AER ’ s must qualify f or deposit into the District's Emissions Reduction Credit Bank, except for

AERs used to Offset Emission Increases within the same source. AER calculations shall be adjusted based on the provisions of E. 2 .d.

E.2.a AER’s from the Shutdown of an Emissions Unit shall be calculated

as follows:

AER’s = Historic Actual Emissions

E.2.b When the Modification consists solely of an application for new Control Equipment or implementation of a more efficient process,

the AER’s shall be calculated as follows:

AER’s = Historic Actual Emissions minus post

- Modification

Potential to Emit

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E.2.c AER’s from other Modifications shall be calculated as follows:

AER’s = Historic Actual Emissions minus the post Modification

Potential to Emit.

E.2.d AER’s shall meet the following criteria:

E.2.d.1 Shall be Real, Enforceable, Quantifiable, Surplus, and

Permanent.

E.2.d.2 Shall be in excess of any emissions reduction which is (1) required or encumbered by any applicable laws, Rules, regulations, agreements, orders, or (2) attributed to a control measure noticed in the District for workshop, or (3) contained in an adopted District Plan, SIP or California Clean Air Act Attainment Plan applicable to the District.

E.2.d.3 Emission reductions attributed to a proposed control

measure, may be re

- eligible as an AER if for control measures not identified in a District Air Quality Plan or SIP, no Rule has been adopted within two years from the date of the latest public workshop notice.

E.2.d.4 Emission reductions achieved before the base year used in an attainment plan demonstration for that pollutant must be included in the inventory as growth to be eligible for use.

E.3 Calculation of Stationary Source Potential to Emit: The Potential to Emit for a Stationary Source shall be equal to the sum of P ote ntials to E mit for Permits to Operate (or Authority to Construct for Emissions Units for which a Permit to Operate has not been issued) for each Emissions Unit within a Stationary Source.

F. Air Quality Impact Analysis

F.1 In no case shall emissions from a new or modified Emissions Unit, cause

or make worse the violation of an AAQS . The APCO may require an applicant to use an air quality model to estimate the effects of a new or modified Emissions Unit. For the purpose of performing an air quality impact analysis the following shall apply:

F.1.a Air quality models shall be consistent with the requirements

contained in the most recent edition of EPA's "Guidelines on Air Quality Models, 40 CFR 51 Appendix W", unless the APCO finds that such model is inappropriate for use. After making such a finding the APCO may designate an alternate model only after

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allowing for public comment and only with the concurrence of the

CARB and the US EPA . All Modeling costs associated with the siting of a new or modified Emissions Unit shall be borne by the applicant.

F.1.b In performing an air quality impact analysis, if the proposed stack height is higher than is dictated by good engineering practices, the actual height used for the purposes of Modeling shall be calculated in accordance with good engineering practices , as specified in 40 CFR 51.100(ii)

.

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