### SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

(Adopted November 7, 2014 )

R ULE 1153.1 EMISSIONS OF OXIDES OF NITROGEN FROM C OMMERCIAL FOOD OVENS

(a) Purpose and Applicability The purpose of this rule is to reduce nitrogen oxide emissio ns from gaseous and liquid fuel

- fired combustion equipment as defined in this rule. This rule appli es

to in

- use ovens, dryers, smokers

, and dry roasters with nitrogen oxide (NOx)
emissions from fuel combustion that require South Coast Air Quality
M anagement District (SCAQMD) permit s and are used to prepare food or products for making beverages for human consumption

. As of November 7,
2014 , the equipment subject to this rule is no longer subject to SCAQMD Rule
1147 except for the compliance determination option set forth in Rule 1147 (d)(7)

. (b) Definitions (1 ) ANNUAL HEAT INPUT means the amount of heat released by fuels
burned i n a burner or unit during a calendar year, based on the fuel's higher heating value. (2 ) BTU means British thermal unit (s)

. (3 ) COMBUSTION MOD IFICATION means replacement of a burner,
burners

, fuel or combustion air delivery system ( s ) , or burner control
system ( s )

. (4) COMBUSTION SYSTEM means a specific combination of burner, fuel supply, c ombustion air supply, and control system components as identified in a permit application to the SCAQMD

, application for certification pursuant to subdivision (e) of this rule

, or SCAQMD permit

, if applicable

. (5 ) FOOD OVEN me ans an oven used to heat, cook , dry

, or prepare food or products for making beverages for human consumption. (6 ) GASEOUS FUEL means natural gas; compressed natural gas (CNG); liquefied petroleum gases (LPG), includin g b ut not limited to propane and butane; synthetic natural gas (SNG) ; or other fuel that is a gas at ambient temperature and atmospheric pressure

. (7 ) HEAT INPUT means the higher heating value of the fuel to the burner or
UNIT measured as BTU per hour.

1153.1

– 1Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

(8 ) HEAT OUTPUT means the enthalpy of the working fluid output of a burne r or UNIT

. (9 ) INFRARED BURNER means a burner with ceramic, metal fiber, sintered metal, or perfora ted metal flame

- holding surface; with more than 50% of
the heat output as infrared radiation; that is operated in a manner where
the zone including and above the flame

- holding surface is red and does not prod uce observable blue or yellow flame s in excess of 1⁄2 inch (13 mm) in length ; and with a RATED HEAT INPUT CAPACITY per square foot of flame holding surface of 100, 000 BTU per hour or less

. (10 ) IN

- USE UNIT means any UNIT that is demonstrated to the Executive Officer that it was in operation at the current location prior to November 7,
2014

. (11 ) NOx EMISSIONS means the sum of nitrogen oxide and nitrogen dioxide in flue gas, collectively expressed as nitroge n dioxide. (12 ) PROTOCOL means a SCAQMD approved set of test procedures for determining compliance with emission limits for applicable equipment. (13 ) RADIANT TUBE HEATING means an indirect heating system with a tube or tubes; with burner ( s ) that fire (s) w ithin the tube (s) ; and where heat is transferred by conduction , radiation

, and convection from the burner
flame and combustion ga ses to the tube(s) and the heat is then transferred to the process by radiation and convection from the heated tube ( s ) without any direct contact of process materials with burner flame s and combustion

gasses

. (14 ) RATED HEAT INPUT CAPACITY means the gross HEAT INPUT of the
combustion UNIT specified on a permanent rating plate attached by the
manufacturer to the device. If the UNIT or COMBUSTION SYSTEM has
been altered or modified such that its gross HEAT INPUT is higher or
lower than the rated HEAT INPUT capacity specified on the original manufacturer’s permanent rating plate, the modified gross HEAT INPUT
shall be conside red a s the RATED HEAT INPUT CAPACITY

. (15 ) RESPONSIBLE OFFICIAL means: (A) For a corporation: a president or vice

- president of the corporation in charge of a principal business function or a duly authorized person who performs similar policy

- making fu nctions for the corporation; or

1153.1

– 2Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

(B) For a partnership or sole proprietorship: general part ner or proprietor, respectively; (C) For a government agency: a duly authorized person

. (16) ROASTER means an oven used to dry roast nuts, coffee beans

, or other plant seeds . ROASTER includes coffee roasting units with an integrated
afterburner that is the only heat source

, which also provides heat to roast
the coffee beans

. (17 ) THERM means 100,000 BTU. (18) UNIT means any oven, dryer, smoker, or ROASTER requiring a SCAQMD permit and used to prepare food or products for making beverages for human consumption.

(c) Requirements (1) In accordance with the compliance schedule in Table 2

, a ny person owning or op erating a n in

- use unit subject to this rule shall not operate the
unit in a manner that exceeds carbon monoxi de (CO) emissions of 8 00 ppm by volume, referenced to 3% oxygen (O2), and the applicable nitrogen oxide emission limit specified in Table 1

.

Table 1

– NO x Emission Limit for In

- Use Units
NOx Emission Limit

PPM @ 3% O 2 , dry or Pound/mm BTU heat input Process Temperature

≤ 500 ° F > 5 00 ° F

40 ppm or 0.042 lb/mm BTU 60 ppm or 0.073 lb/mm BTU

1153.1

– 3Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

Table 2

– Compliance Schedule for In

- Use Units

Equipment Category(ies) Permit Application

Shall be Submitted By Unit Shall Be in Compliance On
and After

O vens used solely for making pita bread manufactured prior to 199 9 October 1, 2017 July 1, 2018

Griddle ovens manufactured prior to 1999 October 1, 2017 July 1, 2018 Ovens heated solely by indirect

- fired radiant tubes manufactured prior to 2002 October 1, 2021 July 1, 2022

Other unit manufactured prior to 199 2 October 1, 2015 July 1, 2016

Other unit manufactured from 1992 through 199 8 October 1, 2018 July 1, 2019 Ovens heated solely by indirect

- fired radiant tubes manufactured after 2001 and a ny other unit manufactured after 199 8 October 1 of the year prior to the compliance date July 1 of t he year the unit is 20 years old

(2) Unit age shall be based on : (A) T he original date of manufacture of the unit as determined by: (i) Original manufacturer's identification or rating plate permanently fixed to the equipment. If not available, then : (ii) Invoice from manufacturer or distributor for purchase of equipm ent. If not available, then: (iii) Information submitted to SCAQMD with prior permit applications for the specifi c unit sufficient to establish the
manufacture date . If not available, then: (iv) Unit shall be deeme d by SCAQMD to be 20 years old. (3) O wners or operators of units shall determine compliance with the emission limit specified in Table 1 pursuant to the provisions of subdivisions (d ) or (e) using a SCAQMD approved test protocol. The test protocol shall be
submitted to the SCAQMD at least 15 0 days prior to the scheduled test and approved by the SCAQMD Source Testing Division. (4) Identification of Units (A) Unmodified Units
The owner or operator shall display the model number and the rated heat input capacity of the unit complying with subdivision (c) on a permanent rating plate. The owner or operator shall also display the SCAQMD certification status on the unit when applicable.

1153.1

– 4Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

(B) Modified Uni ts The owner or operator of a unit with a combustion modification shall display the modified rated heat input capacity for the unit and
individual burners on new permanent supplemental rating plate s installed in an ac cessible location on the unit and every burner. The gross heat input shall be defined by the maximum fuel input corrected for fuel heat content, temperature

, and pressure. Gross heat input shall be demonstrated by a calculation based on fuel consumption recorded by an in

- line fuel meter

. The permanent supplemental rating plates shall include the date the unit and burners were modified and the date any replacement burners were
manufactured. The documentation of rated heat input capacity for modified units shall include the name of the company and person modifying the unit, a description of all modifications, the dates the
unit was modified

, and calculation of rated heat input capacity. The documentation for modified units shall be signed by the highest ranking person modifying the unit. (5) The owner or operator shall maintain on site a copy of all documents identifying the unit’s rated heat input capacity. The rated heat input capacity shall be identified by a manufacturer’s or distr ibutor’s manual or
invoice and permanent rating plate s attached to the unit and individual
burners pursuant to paragraph (c)(4)

. (6 ) On or after November 7, 2014 , a ny person owning or operating a unit subject to this rule shall perform combustion system maintenance in
accordance with the manufacturer's sche dule and specifications as identified in the manual or other written materials supplied by the
manufacturer or distributor

. The owner or operator shall maintain on site at the facility where the unit is being operated a copy of the manufacturer’s, distrib utor's, installer’s

, or maintenance company’s
written maintenance schedule and instructions and retain a record of the maintenance activity for a period of not less than three years

. The owner

or operator shall maintain on site at the facility where the u nit is being operated a copy of the SCAQMD certification or SCAQMD approved source test reports, conducted by an independent third party, demonstrating that the specific unit complies with the emission limit. The source test report(s) must identify that t he source test was conducted

1153.1

– 5Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

pursuant to a SCAQMD approved protocol. The model and serial numbers of the specified unit shall clearly be indicated on the source test report(s). The owner or operator shall maintain on the unit in an
accessible location a permanent or permanent supplemental rating plate. The maintenance instructions, maintenance records

, and the source test report(s) or SCAQMD certification shall be made available to the Executive Officer upon request. (7 ) A ny person owning or operating a unit subject to this rule complying with an emission limit in Table 1 expressed as pounds per million BTU shall
i nstall and maintain in service non

- resettable, totalizing fuel meters for
each unit’s fuel (s) prior to the compliance determination specified in paragraph (c)(3). Owners or operators of a unit with a combustion system that operates at only one firing rate that complies with a n emission limit using p ounds per million BTU shall insta ll a non

- res ettable, totalizing time
or fuel meter for each fuel. (8 ) Unit fuel and electric use m eters that require electric power to operate shall be provided a permanent supply of electric power that cannot be unplugged, switched off, or reset except by the main power supply circuit for the building or the unit’s safety shut

- off switch. Any person owning or operating a unit subject to this rule shall not shut off electric power to a unit meter unless the unit is not operating or is shut down f or safety

. (9 ) Compl iance by Certification For units that do not allow adjustment of the fuel and combustion air for the combustion system by the owner or operator, and upon approval by the Executive Officer, an owner or operator may demonstrate compliance with
the emission l imit and demonstration requirement of this subdivision by certification granted to the manufacturer for any model of unit or specific
combustion system sold for use in the SCAQMD . Any unit or combustion
system certified pursuant to subdivision (e) shall b e deemed in compliance
with the emission limit in Table 1 of paragraph (c)(1) and demonstration requirement of paragraph (c)(3) of this subdivision, unless a SCAQMD conducted or required source test shows non

- compliance.

1153.1

– 6Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

(10 ) Alternate Compliance Plan For Multiple Units
Owners or o perators of facilities with three or more in

- use units with compliance dates in the same year or two consecutive years may request a delay and phase

- in of the compliance dates in Table 2 for the affected
units. The term of the alternate compliance plan shall be no more than 3 years for 3 or 4 units and no more than 5 years for 5 or more units. At least one unit shall comply with the applicable emission limit by July 1 of
the first applicable compliance date specified in Ta ble 2 for the affected units and at least one unit shall comply with the applicable emission limit by July 1 of each year thereafter. The alternate compliance plan shall identify the u nits included in the plan and commit to a schedule showing
when the com pliance testing for each unit will be completed and when
each unit will demonstrate compliance with the emission limit . All owners or operators of these units shall demonstrate compliance with the applicable emission limit of this rule in accordance with the schedule in the plan and before the end of the term of the alternate compliance plan

. The alternate compliance plan submitted pursuant to this paragraph shall
include: (A) A cover letter submitted to the SCAQMD identifying that the application is for a Rule 1153.1 (c)(10) Alternate Compliance Plan for Multiple U nits and signed by the responsible official; (B) A completed SCAQMD Form 400A with company name, SCAQMD Facility ID, identification that the application is for a compliance plan (section 7 of form), identification that the request
is for a Rule 1153.1 (c)(10) Alternate C ompliance P lan for Multiple U nits (section 9 of the form) , and signature of the responsible official ; (C) Documentation of the applicable units’ permit IDs, equipment descriptions

, and heat ratings (BTU/hour)

, and the proposed alternate compliance schedule; (D) Filing fee payment (Rule 306 (c)); and (E) Initial plan evaluation fee payment (Rule 306 (i)(1)). (11) Compliance Plan for Burner Replacement Prior to Rule Adop tion Notwithstanding the requirements of paragraph (c)(1), units with combustion modifications completed prior to November 7, 2014 that
result ed in replacement of 100% of the unit ’ s burners during a one time

1153.1

– 7Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

period of less than 31 consecutive days, shall comply with the applicable emission limit specified in Table 1 of paragraph (c)(1) on either (1) July 1 of the year the modification is ten years old if the unit operates no more than 8 hours per day on all days of operation or (2) July 1 of the year the

m odification is 5 years old if the unit operates greater than 8 hours on any day . The hours of operation shall be documented by daily recordkeeping starting January 1, 2015 or the date the plan is submitted

, whichever is
earlier . To qualify for this time extension, the owner/operator must submit an alternate compliance plan to the SCAQMD no later than 90 days after November 7, 2014 with documentation of the purchase, replacement

, and
identification of each new burner in stalled . The alternate compliance pl an submittal to the SCAQMD shall include : (A) A letter submitted to the SCAQMD stating the application is for a Rule 1153.1 (c)(11) Burner Replacement Prior to Rule Adoption
A ltern ate Compliance P lan ; identif ying the applicable unit , unit permit ID , dates the emissions test protocol and emissions test results shall be submitted to the SCAQMD, and proposed alternate compliance schedule (5 or 10 years) with beginning and ending
dates ; and signed by the responsible official; (B) A completed SCAQMD form 400A with company name, identification that application is for an alternate compliance plan (section 7 of form), identification that the request is for the Rule
1153.1 (c)(11) Burner Replacement Prior to Rule Adoption Compliance P lan (section 9 of form), and si gnature of the responsib le official; (C) Documentation of the date of replacement of the burners with
invoices for burner purchase

, burner installation

, and tuning, and a listing of each new burner installed in the unit with each burner’s manufacturer, m odel number, serial number, date of manufacture on burner rating plate or date stamp on burner, and each burner’s rated heat input capacity; (D) Docume ntation of the applicable unit’s permit ID, description

, and heat rating (BTU/hour); (E) Filing fee paym ent (Rule 306 (c)); and (F) Initial plan evaluation fee payment (Rule 306 (i)(1)).

1153.1

– 8Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

(12) Owners or operators of u nits operating with an alternate compliance plan
pursuant to paragraph (c)(11) shall install , prior to submittal of the compliance plan applicat ion, a non

- resettable time meter on the applicable
unit and document and maintain records of unit use every day of operation for the duration of the alternate compliance plan

. (13) Owners or operators of units operating with an alternate compliance plan pursuant to paragraph (c)(11) that replace more than 50% of the burners identified in the alternate compliance plan more than 365 days before the ending date of the alternate compliance plan shall submit an emissions testing protocol for the applicable uni t to the SCAQMD within 30 days of the date when more than 50% of the burners are replaced. Owners and operators of these units shall conduct emissions testing and demonstrate compliance with the emission limits in Table 1 of paragraph (c)(1) within
270 da ys of the date they replace more than 50% of the burners identified in the alternate compliance plan.
(d) Compliance Determination (1) All compliance determinations pursuant to paragraph s (c)(1), (c)(3 ), (c)(9), (c)(10) and this subdivision shall be calcu lated: (A) Using a SCAQMD approved test protocol averaged over a period of at least 15 and no more than 60 consecutive minutes; and (B) After unit start up

. Each compliance determination shall be made in the maximum heat input range at which the unit normally operates. A n additional compliance
determination shall be made using a heat input of less than 35% o f the rated heat input capacity.
For compliance determinations after the initial approved test, t he owner or operator is not required to re submit a protocol for approval if: there is a previously approved protocol and the unit has not been altered in a manner that requires a permit alteration

, and rule or permit emission limits have not changed since the previous test. (2) All parts per million em ission limits specified in subdivision (c) shall be referenced at 3 percent volume stack gas oxygen on a dry basis. (3) Compliance with the NO x and CO emission limits of subdivision (c) and
determination of stack

- gas oxygen and carbon dioxide concentration s for this rule shall be determined according to the following procedures:

1153.1

– 9Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

(A) SCAQMD Source Test Method 100.1

– Instrumental Analyzer Procedures for Continuous Gaseous Emission Sampling (March 1989); (B) ASTM Method D6522

- 00

– Standard Test Method for
De termination of Nitrogen Oxides, Carbon Monoxide, and Oxygen
Concentrations in Emissions from Natural Gas

- Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers ; (C) United States Environmental Protection Ag ency Conditional Test
Method CTM

- 030

– Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Emissions from Natural Gas

- Fired Engines, Boilers and Process Heaters Using Portable Analyzers; (D) SCAQMD Source Test Method 7.1

– Determination of Nitro gen Oxide Emissions from Stationary Sources (March 1989); (E) SCAQMD Source Test Method 10.1

– Carbon Monoxide and Carbon Dioxide by Gas Chromatograph/Non

- Dispersive Infrared Detector (GC/NDIR)

– Oxygen by Gas Chromatograph

- Thermal Conductivity (GC/TCD) ( March 1989); (F) Any alternative test method determined approved before the test in writing by the Executive Officers of the SCAQMD

, and the
California Air Resources Board

, and by the United States Environmental Protection Agency. (4) For any owner or operator who chooses to comply using pound per million
BTU , NO x emissions in pounds per million BTU of heat input shall be calculated using procedures in 40 CFR Part 60, Appendix A, Method 19,
Sections 2 and 3. (5) Records of source tests shall be maintain ed on site and made available to SCAQMD personnel upon request. Emissions determined to exceed any limits established by this rule through the use of any of the test methods specified in subparagraphs (d)(3)(A) through (d)(3)(F) and paragraph (d)(4) shall constitute a violation of this rule. (6) All compliance determinations shall be made by SCAQMD or using an independent contractor to conduct testing , which is approved by the Executive Officer under the Laboratory Approval Program for the applicable test methods.

1153.1

– 10Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

(7) For equipment with two or more units in series or multiple units with a
common exhaust

, the owner or operator may demonstrate compliance with
the emission limits in Table 1 by one of the following: (A) Test each unit separately and demonstrat e each unit’s compl iance with the applicable limit; or (B) Test only after the last unit in the series and at the end of a common exhaust for multiple units, when all units are operating,
and demonstrate that the series of units meet either : (i) The lowest emission limit in Table 1 applicabl e to any of the units in series; or (ii) A heat input weighted average of all the applicable
emission limits in Table 1 using the following calculation.

N Σ [ (E L X ) * ( Q X ) ] 1 Weighted Limit = ─────────── N Σ [ Q X ] 1
Where:
N = total number of units or processes
X = each individual unit or process
E L X = emission limit for unit or process X Q X = heat input for unit or process X during test

(e) Certification (1) Unit Certification For units that do not allow adjustment of the fuel and combustion air for the combustion system by the owner or operator, any manufacturer or
distributor that distributes for sale or sells units or combustion systems for
use in the SCAQMD may elect to appl y to the Executive Officer to certify
such units or combustion systems as compliant with subdivision (c). (2) Confirmation of Emissions Any manufacturer’s or distributor’s application to the Executive Officer to certify a model of unit or combustion system as compliant with the emission limit and demonstration requirement of subdivision (c) shall obtain confirmation from an independent contractor that is approved by the Executive Officer under the Laboratory Approval Program for the

nece ssary test methods prior to applying for certification that each unit

1153.1

– 11Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

model complies with the applicable requirements of subdivision (c). This confirmation shall be based upon SCAQMD approved emission tests

. A SCAQMD approved protocol shall be adhered to during the confirmation testing of all units and combustion systems subject to this rule. Emission testing shall comply with the requirements of paragraphs (d)(1) through (d)(6 ) except that emission testing shall be conducted at greater than 90 %
rated he at input capacity and additional emission testing shall be
conducted at a heat input of less than 35% of the rated heat input capacity. (3) When applying for unit(s) or combustion system(s) certification, the
manufacturer or distributor shall submit to the Executive Officer the following: (A) A statement that the model of unit or combustion system is in compliance with subdivision (c). The statement shall be signed and dated by the manufacturer’s or distributor’s responsible
official and shall attest to th e accuracy of all statements; (B) General Information (i) N ame and address of manufacturer or distributor ; (ii) Brand name, if applicable; (iii) Model number (s) , as it appears on the unit or combustion
system rating plate (s) ; (iv) List of all combustion sy stem components; and ( v) Rated Heat Input Capacity, gross output of burner(s)

, and number of burners; (C) A description of each model of unit or combustion system being certified; and (D) A source test report verifying compliance with the applicable
emiss ion limit in subdivision (c) for each model to be certified. The source test report shall be prepared by the confirming independent contractor and shall contain all of the elements
identified in the SCAQMD approved Protocol for each unit tested. (4) Whe n applying for unit or combustion system certification, the
manufacturer or distributor shall submit the information identified in

paragra ph (e)(3) no more than ninety (9 0) days after the date of the source test identified in subparagraph (e)(3)(D) and at least 120 days prior to the date of the proposed sale and installation of any SCAQMD certified unit or combustion system

.

1153.1

– 12Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

(5) The Executive Officer shall certify a unit o r combustion system model or
models which complies with the provisions of subdivision (c) and of paragraphs (e)(2), (e)(3), and (e)(4). (6) Certification status shall be v alid for seven years from the date of approval by the Exe cutive Officer. After the s eventh year, recertification shall be required by the Executive Officer according to the requirements of paragraphs (e)(2), (e)(3), and (e)(4).
(f) Enforcement (1) The Executive Officer may inspect certification records and unit installation, operation, maintenance, repair, combustion system
modification

, and test records of owners, operators, manufacturers, distributors, retailers, and installers of units located in the SCAQMD , and conduct such tests as are deemed necessary to ensure compliance with this
rule. Tests shall include compliance determinations, as specified in paragraphs (d)(1) through (d)(4) , (d)(6)

, and (d)(7). (2) A c ompliance determination specified under paragraph (f)(1) that finds emissions in excess of those allowed by this rule shall constitute a
violation of this rule.
(g) Exemptions (1) The provisions of this rule shall not apply to: (A) Boilers, water heaters, thermal fluid heaters, or proces s heater s subject to SCAQMD Rules 1146, 1146.1, or 1146.2

, including but
not limited to those that provide heat to a unit through a heat exchange system ; (B ) Units s ubject to registration pursuant to SCAQMD Rule 222; ( C ) Units r egulated under Regulation XX ; ( D ) S olid fuel

- fired combustion equipment ; (E) C har broilers; (F) F ryers, includi ng fryers used for nut, seed

, or other food product
oil roasting ; and (G) E mission control equipment including but not limited to
afterburners

. ( 2 ) The provisions of paragraphs (c)( 1 ) and (c ) (3) of this rule shall not apply
to units with daily NOx emissions of 1 pound per day or less as documented by:

1153.1

– 13Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

(A) A rated heat input capacity of l ess than 325 ,000 BTU per hour; (B ) Compliance with a permit condition that limits NOx emissions to 1 pound per day or less ; (C ) Daily r ecordkeeping of unit operation , an installed unit specific

non

- resettable time meter

, and the following spe cified rated heat input capacities operating the specified number of hours every day : ( i ) Less than or equal to 400,0 00 BTU per hour and operating less than or equal to 16 hours per day; or (i i ) Less than or equal to 800,000 BTU per hour and operating less than or equal to 8 hours per day; or (iii ) Less than or equal to 1,200,000 BTU per hour and

op erating less than or equal to 5 hours per day. (D) Daily recordkeeping of unit us e, including but not limited to time

re cords of unit operation using a unit

- specific non

- resettable time meter, daily fuel consumption documented using an non

- resettable
fuel meter, or daily process rate; or (E) Daily use of natural gas less than or equal to 7,692 cubic feet per day at standard temperature and pressure, documented by daily recordkeeping of fuel gas consumption with a non

- resettable fuel

meter and a test protoco l, calculations

, and results of a test of the gas pressure to the meter conducted by the local utility or an independent contractor

. The documentation of gas pressure to the meter shall include a letter stating that the test was performed using the includ ed protocol and the letter shall be signed by the person performing the test. ( 3 ) The provisions of paragraph (c)(3) of this rule shall not apply to units heated solely with infrared burners.
(h ) Mitigation Fee Compliance Option (1) An owner or operator of a unit may elect to delay the applicable compliance date in Table 2 three years by submitting an alternate compliance plan and paying an emissions mitigation fee to the SCAQMD in lieu of meeting the applicable NOx emission limit in Table 1

. (2) Compliance Demonstration An owner or operator of a unit electing to comply with the mitigation fee compliance option shall:

1153.1

– 14Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

(A) Submit an alternate compliance plan and pay the mitigation fee to the Executive Officer at least 150 days prior to the applicable compliance date in Table 2 ; and (B) Maintain on

- site verification of mitigation fee payment and SCAQMD approval of the alterna te compliance plan that shall be made available upon request to SCAQMD staff. (3) Plan Submittal The alternate compliance plan sub mitted pursuant to paragraphs (h)(1) and (h )(2) shall include: (A) A cover letter submitted to the SCAQMD identifying that t he application is for a Rule 1153.1 (h) Mitigation Fee Compliance
Plan

, listing the applicable unit(s)

, and signed by the responsible official; (B ) A completed SCAQMD Form 400A with company name, SCAQMD Facility ID, identification that the application is for a compliance plan (section 7 of form), identification that the request
is for a Rule 1153.1 (h) Mitigation Fee C ompliance P lan (section 9
of the f orm)

, and signature of the responsible official ; (C ) Attached documentation of unit fuel use for previous 3 years, description of weekly operating schedule, unit permit ID, unit heat rating ( BTU /hour), and fee calculation; (D ) Filing fee payment; and (E ) Mitigation fee payment as calculated by Equation 1.
Equation 1:

MF = R * ( 3 years ) * ( L 1 – L 0 ) * ( AF ) * ( k )
Where, MF = Mitigation fee, $ R = Fee Rate = $12.50 per pound ($6.25 per pound for a small business with 10 or fewer employees and gross annual receipts of $500,000 or less)

L 1 = Default NOx emission factor: 0.136 lbs of NOx/mm BTU for gase ous fuels and 0.160 lb/mm BTU for fuel oils

L 0 = Applicable NOx emission limit specified in Table 1 in lbs/mm BTU

1153.1

– 15Rule 1153.1 (Cont.) (Adopted November 7, 2 014 )

AF = Annual average fuel usage of unit for previous 5 years, mmscf/yr for natural gas or gallons for liquid fuel k = unit conversion for cubic feet of natural gas to BTU = 1,050 BTU /scf ; 95,500 BTU /gallon for LPG ; and 138,700 BTU /gallon for fuel oil (4) Rule 1147 Mitigation Fee Plan Submittal A mitigation fee compliance plan submitted pursuant to SCAQMD Rule 1147 may be used to comply with the requirements of this paragraph so long as the owner/operator of the unit notifies the Executive Officer at least 150 days prior to the applicable compliance date specified in Table 2

.

1153.1

– 16