SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

(Adopted November 7, 2014)

RULE 1153.1 EMISSIONS OF OXIDES OF NITROGEN FROM 

COMMERCIAL FOOD OVENS

(a) Purpose and Applicability

The purpose of this rule is to reduce nitrogen oxide emissions from gaseous and 

liquid fuel-fired combustion equipment as defined in this rule. This rule applies 

to in-use ovens, dryers, smokers, and dry roasters with nitrogen oxide (NOx) 

emissions from fuel combustion that require South Coast Air Quality 

Management District (SCAQMD) permits 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 in 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 MODIFICATION 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, combustion 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 means 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), including but 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 – 1
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

(8) HEAT OUTPUT means the enthalpy of the working fluid output of a 

burner or UNIT.

(9) INFRARED BURNER means a burner with ceramic, metal fiber, sintered 

metal, or perforated 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

produce observable blue or yellow flames 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 nitrogen 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) within the tube(s); and where heat 

is transferred by conduction, radiation, and convection from the burner 

flame and combustion gases 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 flames 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 considered as 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 functions for the 

corporation; or

1153.1 – 2
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

(B) For a partnership or sole proprietorship: general partner 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, any person 

owning or operating an in-use unit subject to this rule shall not operate the 

unit in a manner that exceeds carbon monoxide (CO) emissions of 800

ppm by volume, referenced to 3% oxygen (O2), and the applicable 

nitrogen oxide emission limit specified in Table 1.

Table 1 – NOx Emission Limit for In-Use Units

NOx Emission Limit

PPM @ 3% O2, dry or Pound/mmBTU heat input

Process Temperature

≤ 500° F > 500° F

40 ppm or 0.042 lb/mmBTU 60 ppm or 0.073 lb/mmBTU

1153.1 – 3
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

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

Ovens used solely for making pita bread manufactured 

prior to 1999 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 1992 October 1, 2015 July 1, 2016

Other unit manufactured from 1992 through 1998 October 1, 2018 July 1, 2019

Ovens heated solely by indirect-fired radiant tubes 

manufactured after 2001 and any other unit 

manufactured after 1998

October 1 of the 

year prior to the 

compliance date

July 1 of the year the 

unit is 20 years old

(2) Unit age shall be based on:

(A) The 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 

equipment. If not available, then:

(iii) Information submitted to SCAQMD with prior permit 

applications for the specific unit sufficient to establish the 

manufacture date. If not available, then:

(iv) Unit shall be deemed by SCAQMD to be 20 years old.

(3) Owners 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 150 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 – 4
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

(B) Modified Units

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 plates

installed in an accessible 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 distributor’s manual or 

invoice and permanent rating plates attached to the unit and individual 

burners pursuant to paragraph (c)(4). 

(6) On or after November 7, 2014, any person owning or operating a unit 

subject to this rule shall perform combustion system maintenance in 

accordance with the manufacturer's schedule 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, distributor'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 unit 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 the source test was conducted 

1153.1 – 5
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

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) Any 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 

install 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 an emission limit 

using pounds per million BTU shall install a non-resettable, totalizing time 

or fuel meter for each fuel. 

(8) Unit fuel and electric use meters 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 for safety.

(9) Compliance 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 limit 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 be 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 – 6
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

(10) Alternate Compliance Plan For Multiple Units

Owners or operators 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 Table 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 units included in the plan and commit to a schedule showing 

when the compliance 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 Units 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 Compliance Plan for 

Multiple Units (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 Adoption 

Notwithstanding the requirements of paragraph (c)(1), units with 

combustion modifications completed prior to November 7, 2014 that 

resulted in replacement of 100% of the unit’s burners during a one time 

1153.1 – 7
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

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 

modification 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 installed. The alternate compliance plan 

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 

Alternate Compliance Plan; identifying 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 Plan (section 9 of form), and signature of the 

responsible 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, model number, serial number, date of manufacture 

on burner rating plate or date stamp on burner, and each burner’s 

rated heat input capacity;

(D) Documentation of the applicable unit’s permit ID, description, and 

heat rating (BTU/hour);

(E) Filing fee payment (Rule 306 (c)); and

(F) Initial plan evaluation fee payment (Rule 306 (i)(1)).

1153.1 – 8
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

(12) Owners or operators of units operating with an alternate compliance plan 

pursuant to paragraph (c)(11) shall install, prior to submittal of the 

compliance plan application, 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 unit 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 days 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 paragraphs (c)(1), (c)(3),

(c)(9), (c)(10) and this subdivision shall be calculated:

(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. An additional compliance 

determination shall be made using a heat input of less than 35% of the 

rated heat input capacity.

For compliance determinations after the initial approved test, the owner or 

operator is not required to resubmit 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 emission limits specified in subdivision (c) shall be

referenced at 3 percent volume stack gas oxygen on a dry basis.

(3) Compliance with the NOx and CO emission limits of subdivision (c) and 

determination of stack-gas oxygen and carbon dioxide concentrations for 

this rule shall be determined according to the following procedures:

1153.1 – 9
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

(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 

Determination 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 Agency 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 Nitrogen 

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, NOx 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 maintained 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 – 10
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

(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 demonstrate each unit’s compliance 

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 applicable 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 [ (ELX)*(QX) ] 1

Weighted Limit = ─────────── N

Σ [ QX ] 1

Where:

N = total number of units or processes

X = each individual unit or process

ELX = emission limit for unit or process X

QX = 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 apply 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 

necessary test methods prior to applying for certification that each unit 

1153.1 – 11
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

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 heat 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 the accuracy of all statements;

(B) General Information

(i) Name 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 system 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 

emission 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) When applying for unit or combustion system certification, the 

manufacturer or distributor shall submit the information identified in 

paragraph (e)(3) no more than ninety (90) 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 – 12
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

(5) The Executive Officer shall certify a unit or 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 valid for seven years from the date of approval 

by the Executive Officer. After the seventh 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 compliance 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 process heaters 

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 subject to registration pursuant to SCAQMD Rule 222;

(C) Units regulated under Regulation XX;

(D) Solid fuel-fired combustion equipment;

(E) Charbroilers;

(F) Fryers, including fryers used for nut, seed, or other food product

oil roasting; and

(G) Emission 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 – 13
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

(A) A rated heat input capacity of less 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 recordkeeping of unit operation, an installed unit specific 

non-resettable time meter, and the following specified rated heat 

input capacities operating the specified number of hours every day:

(i) Less than or equal to 400,000 BTU per hour and operating 

less than or equal to 16 hours per day; or

(ii) 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 

operating less than or equal to 5 hours per day.

(D) Daily recordkeeping of unit use, including but not limited to time 

records 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 protocol, 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 included 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 – 14
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

(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 alternate compliance plan that shall be 

made available upon request to SCAQMD staff.

(3) Plan Submittal

The alternate compliance plan submitted pursuant to paragraphs (h)(1) and 

(h)(2) shall include:

(A) A cover letter submitted to the SCAQMD identifying that the 

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 Compliance Plan (section 9 

of the form), 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 ) * ( L1 – L0 ) * ( 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)

L1 = Default NOx emission factor: 0.136 lbs of 

NOx/mmBTU for gaseous fuels and 0.160 lb/mmBTU for 

fuel oils

L0 = Applicable NOx emission limit specified in Table 1 in 

lbs/mmBTU

1153.1 – 15
Rule 1153.1 (Cont.) (Adopted November 7, 2014)

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