SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

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(Adopted December 5, 2008) (Amended September 9, 2011)

RULE 1147 NOx REDUCTIONS FROM MISCELLANEOUS SOURCES

(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 

ovens, dryers, dehydrators, heaters, kilns, calciners, furnaces, crematories, 

incinerators, heated pots, cookers, roasters, fryers, closed and open heated tanks 

and evaporators, distillation units, afterburners, degassing units, vapor 

incinerators, catalytic or thermal oxidizers, soil and water remediation units and 

other combustion equipment with nitrogen oxide emissions that require a District 

permit and are not specifically required to comply with a nitrogen oxide emission

limit by other District Regulation XI rules. This rule does not apply to solid fuelfired combustion equipment, internal combustion engines subject to District Rule 

1110.2, turbines, charbroilers, or boilers, water heaters, thermal fluid heaters and

enclosed process heaters subject to District Rules 1109, 1146, 1146.1, or 1146.2

and equipment subject to District Rules 1111, 1112, 1117, 1118, 1121, or 1135. 

(b) Definitions

(1) ANNUAL CAPACITY FACTOR means the ratio of the ANNUAL HEAT 

INPUT of a unit in a calendar year to the amount of fuel it could have 

burned if it had operated at the rated heat input capacity for 100 percent of 

the time during the calendar year.

(2) ANNUAL HEAT INPUT means the actual amount of heat released by 

fuels burned in a unit during a calendar year, based on the fuel's higher 

heating value.

(3) BTU means British thermal unit or units.

(4) COMBUSTION MODIFICATION means replacement of a burner(s).

(5) FOOD OVEN means an oven used to heat or cook food used for human

consumption.

(6) HEATER means any combustion equipment that is fired with gaseous

and/or liquid fuels and which transfers heat from combusted fuel to 

materials or air contained in the unit or in an adjoining cabinet, container 

or structure. Heater does not include any boiler or PROCESS HEATER 

designed to transfer heat to water or process streams that is subject to any 
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NOx emission limits of District Rules 1109, 1146, 1146.1 or 1146.2, and 

does not include any internal combustion engine or turbine.

(7) HEAT INPUT means the higher heating value of the fuel to the unit 

measured as BTU per hour.

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

unit.

(9) IN-USE UNIT means any UNIT that is demonstrated to the Executive 

Officer that it was in operation at the current location prior to January 1, 

2010.

(10) MAKE-UP AIR HEATER means a UNIT used to heat incoming air in 

order to maintain the temperature of a spray booth, container, room or 

other enclosed space where a person is working including spray booths 

that are also used for drying coatings and auto body spray booths with an 

adjacent contiguous section for drying automobile coatings. A MAKE-UP 

AIR HEATER is not a burner used to heat an oven, dryer, heater or other 

unit where workers are not present during heating.

(11) NOx EMISSIONS means the sum of nitrogen oxide and nitrogen dioxide 

in the flue gas, collectively expressed as nitrogen dioxide.

(12) PROCESS HEATER means any equipment that is fired with gaseous

and/or liquid fuels and which transfers heat from combusted fuel to water 

or process streams. PROCESS HEATER does not include any furnace, 

kiln or oven used for melting, heat treating, annealing, drying, curing, 

baking, cooking, calcining, or vitrifying; or any unfired waste heat 

recovery heater that is used to recover sensible heat from the exhaust of 

any combustion equipment.

(13) PROTOCOL means a South Coast Air Quality Management District 

approved test protocol for determining compliance with emission limits

for applicable equipment.

(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 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 new gross HEAT INPUT shall be considered as the rated HEAT 

INPUT capacity. 
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(15) REMEDIATION UNIT means a device used to capture or incinerate air 

toxics, VOCs or other combustible vapors extracted from soil or water. 

(16) 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

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

proprietor, respectively.

(C) For a government agency: a duly authorized person

(17) TENTER FRAME DRYER is a cloth dryer that holds the edges of the 

material as it is dried in order to control shrinkage.

(18) THERM means 100,000 BTU.

(19) UNIT means any oven, dryer, dehydrator, heater, kiln, calciner, furnace, 

crematory, incinerator, heated pot, cooker, roaster, fryer, heated tank and 

evaporator, distillation unit, afterburner, degassing unit, vapor incinerator, 

catalytic or thermal oxidizer, soil or water remediation units and other 

combustion equipment with nitrogen oxide emissions requiring a District 

permit and not specifically required to comply with a NOx emission limit 

by other District Regulation XI rules. UNIT does not mean any solid fuel 

fired combustion equipment, internal combustion engine subject to District

Rule 1110.2, turbine, charbroiler, or boiler, water heater, thermal fluid 

heaters or enclosed process heater subject to District Rules 1109, 1146, 

1146.1, or 1146.2 or equipment subject to District Rules 1111, 1112, 

1117, 1118, 1121, or 1135.

(20) VAPOR INCINERATOR means a furnace, afterburner, or other device for 

burning and destroying air toxics, VOCs or other combustible vapors in 

gas or aerosol form in gas streams.

(c) Requirements

(1) On or after January 1, 2010 any person owning or operating a unit subject 

to this rule shall not operate the unit in a manner that exceeds the 

applicable nitrogen oxide emission limit specified in Table 1 at the time a 

District permit is required for operation of a new, relocated or modified 

unit or, for in-use units, in accordance with the compliance schedule in

Table 2, or at the time of a combustion modification.
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Table 1 – NOx Emission Limit

Equipment Category(ies)

NOx Emission Limit

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

Process Temperature

Gaseous Fuel-Fired Equipment ≤ 800° F

> 800 ° F and 

< 1200° F ≥ 1200 ° F

Asphalt Manufacturing Operation 40 ppm 40 ppm

Afterburner, Degassing Unit, Remediation 

Unit, Thermal Oxidizer, Catalytic Oxidizer 

or Vapor Incinerator 1

30 ppm or 0.036 

lb/mmBtu

60 ppm or 0.073 

lb/mmBtu

60 ppm or 0.073 

lb/mmBtu

Evaporator, Fryer, Heated Process Tank, or 

Parts Washer 

60 ppm or 0.073 

lb/mmBtu

60 ppm or 0.073 

lb/mmBtu

Metal Heat Treating, Metal Melting 

Furnace, Metal Pot, or Tar Pot

60 ppm or 0.073 

lb/mmBtu

60 ppm or 0.073 

lb/mmBtu

60 ppm or 0.073 

lb/mmBtu

Oven, Dehydrator, Dryer, Heater, Kiln,

Crematory, Incinerator, Calciner, Cooker, 

Roaster, Furnace, or Heated Storage Tank

30 ppm or 0.036

lb/mmBtu

30 ppm or 0.036 

lb/mmBtu

60 ppm or 0.073 

lb/mmBtu

Make-Up Air Heater or other Air Heater 

located outside of building with temperature 

controlled zone inside building

30 ppm or 0.036 

lb/mmBtu

Tenter Frame or Fabric or Carpet Dryer 30 ppm or 0.036 

lb/mmBtu

Other Unit or Process Temperature 30 ppm or 0.036 

lb/mmBtu

30 ppm or 0.036 

lb/mmBtu

60 ppm or 0.073 

lb/mmBtu

Liquid Fuel-Fired Equipment ≤ 800° F

> 800 ° F and 

< 1200° F ≥ 1200 ° F

All liquid fuel-fired Units 40 ppm or 0.053 

lb/mmBtu

40 ppm or 0.053 

lb/mmBtu

60 ppm or 0.080 

lb/mmBtu

1. Emission limit applies to burners in units fueled by 100% natural gas that are used to incinerate air 

toxics, VOCs, or other vapors; or to heat a unit. The emission limit applies solely when burning 

100% fuel and not when the burner is incinerating air toxics, VOCs, or other vapors. The unit shall

be tested or certified to meet the emission limit while fueled with natural gas.
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Table 2 – Compliance Schedule for In-Use Units

Equipment Category(ies) Submit Permit 

Application 

Unit Shall Be in 

Compliance 

Remediation UNIT

manufactured prior to 1998

Seven months prior to

combustion 

modification or 

change of location.

Upon combustion 

modification or 

change of location 

beginning March 1, 

2012

Tar Pot All new permit 

applications

beginning January 1, 

2013

Afterburner, degassing unit, catalytic 

oxidizer, thermal oxidizer, vapor incinerator, 

evaporator, food oven, fryer, heated process 

tank, parts washer or spray booth make-up air 

heater manufactured prior to 1998

December 1, 2013 July 1, 2014

Other UNIT manufactured prior to 1986 December 1, 2011 July 1, 2012

Other UNIT manufactured prior to 1992 December 1, 2011 July 1, 2012

Other UNIT manufactured prior to 1998 December 1, 2012 July 1, 2013

Any UNIT manufactured after 1997

December 1 of the 

year prior to the 

compliance date

July 1 of the year the 

unit is 15 years old

(2) Unit age shall be based on:

(A) The original date of manufacture as determined by:

(i) Original manufacturer's identification or rating plate 

permanently fixed to the equipment. If not available, then;

(ii) Invoice from manufacturer for purchase of equipment. If 

not available, then;

(iii) Information submitted to AQMD with prior permit 

applications for the specific unit. If not available, then;

(iv) Unit is deemed by AQMD to be 20 years old; or

(B) The date that operations start for a tunnel kiln or crematory rebuilt 

prior to January 1, 2010 with new burner(s) as determined by:

(i) Production or fuel usage records after burner installation,

and

(ii) Invoice for burner(s) installation. If not available, then;

(iii) Invoice for burner(s) purchase, If not available, then;

(iv) Manufacture date of burner(s) as identified by an attached 

manufacturers identification or rating plate or date stamp.
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(3) In accordance with the schedule in the permit, owners or operators of units 

shall determine compliance with the emission limit specified in Table 1 

using a District approved test protocol. The test protocol shall be 

submitted to the District at least 90 days prior to the scheduled test and 

approved by the District Source Testing Division.

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

combustion modifications completed prior to December 5, 2008 and after 

January 1, 2000 that resulted in replacement of more than 75% of the rated 

heat input capacity shall comply with the applicable emission limit 

specified in Table 1 of paragraph (c)(1) ten years from the date the 

modification was performed. 

(5) The date a combustion modification, as specified in paragraphs (c)(1) and 

(c)(4), is performed; shall be determined according to subparagraph 

(c)(2)(B), if not available, then subparagraph (c)(2)(C).

(6) Notwithstanding the requirements of paragraph (c)(1), a unit with a 

District permit to construct or permit to operate, and with emissions of one 

pound per day or less of nitrogen oxides, may defer compliance with the 

applicable emission limit specified in Table 1 of paragraph (c)(1) for up to 

five years from the applicable compliance date in Table 2 of (c)(1). NOx 

emissions of one pound per day or less shall be demonstrated by one of the 

following requirements:

(A) A unit has a rated heat input capacity of 400,000 Btu or less.

(B) The unit as of September 9, 2011 has a NOx permit emission limit

of one pound per day or less, a permit condition with a process 

limit that results in one pound per day or less of NOx emissions 

including but not limited to fuel use, material throughput or 

operating schedule, or actual operations that results in one pound 

per day or less of NOx emissions. Daily operating records of unit 

fuel use or process rate and daily operating hours demonstrating 

that starting January 1, 2012 until the date of compliance, the unit 

has a maximum emission rate of 1 pound of NOx per day.

(C) Owners or operators of units with installed non-resettable 

totalizing time or fuel meters may elect to comply with the 

requirements of (c)(6) by requesting, no later than January 1, 2012, 

unit permit conditions of limits on operating hours per calendar 

month and/or a fuel meter and a limit on the amount of fuel use per 
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calendar month so that monthly NOx emissions are 30 pounds or 

less. Monthly emissions with a time meter shall be calculated 

using the maximum hourly emission rate in pounds multiplied by 

the hours of operation each calendar month. The maximum hourly 

emission rate shall be equal to the rated heat input capacity of the 

unit multiplied by the unit’s emissions at the rated heat input 

capacity in pound per million Btu. Monthly emissions calculated 

with a fuel meter shall be equal to the unit’s emission rate per unit 

of fuel multiplied by the amount of fuel used that calendar month. 

Owners or operators of units complying under this paragraph that fail to 

continuously demonstrate compliance with the applicable daily or monthly 

requirements shall comply with the applicable emission limit in Table 1 by

the applicable compliance date in Table 2 or within 210 days from the date 

the unit first fails to continuously comply with the daily or monthly 

emission limit whichever is later. 

(7) On or after January 1, 2010, 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 and 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 District 

certification or District approved source test reports, conducted by an 

independent third party, demonstrating the specific unit complies with the 

emission limit. The source test report(s) must identify that the source test 

was conducted pursuant to a District 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 rating plate. The maintenance 

instructions, maintenance records and the source test report(s) or District 

certification shall be made available to the Executive Officer upon request. 

(8) Any person owning or operating a unit subject to this rule complying with

Table 1 using pounds per million BTU, shall install and maintain in 
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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 comply with an emission limit using pounds per million 

BTU shall install a non-resettable, totalizing, time or fuel meter for each 

fuel. 

(9) 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 and associated 

equipment or the unit’s safety shut-off switch. Any person operating a 

unit subject to this rule shall not shut off electric power to a unit meter 

unless the unit is not operating and is shut down for maintenance or safety.

(10) On or before the compliance date, the owner or operator of a unit shall 

demonstrate compliance with the applicable emission limit in Table 1 

pursuant to the provisions of subdivisions (d) or (e). 

(11) 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 equipment sold 

for use in the District. Any unit certified pursuant to subdivision (e) shall 

be deemed in compliance with the emission limit in Table 1 and 

demonstration requirement of this subdivision, unless a District source test 

shows non-compliance.

(12) Identification of Units

(A) New Manufactured Units

The manufacturer shall display the model number and the rated 

heat input capacity of the unit complying with subdivision (c) on a 

permanent rating plate. The manufacturer shall also display the 

District certification status on the unit when applicable.

(B) Modified Units

The owner or operator of a unit with a modified combustion 

system (new or modified burners) shall display the new rated heat 

input capacity on a new permanent supplemental rating plate

installed in an accessible location on the unit or burner. The gross 
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heat input shall be based on 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 by the manufacturer or installer. 

(13) The owner or operator shall maintain on site a copy of all documents 

identifying the unit’s rated heat input capacity for as long as the unit is 

retained on-site. The rated heat input capacity shall be identified by a 

manufacturer’s or distributor’s manual or invoice and a permanent rating 

plate attached to the unit. If a unit is modified, the rated heat input 

capacity shall be calculated pursuant to subparagraph (c)(12)(B). 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. 

(14) Alternate Compliance Plans

(A) Owners or operators of facilities with five or more in-use units 

with permit emissions greater than one pound per day NOx that 

will require burner modifications may submit an alternate 

compliance plan by January 1, 2012 to phase-in compliance of all 

units starting April 1, 2012 and ending before January 1, 2015. 

The alternate compliance plan shall identify the units included in 

the plan and a schedule identifying when each unit will comply 

with the emission limit and the compliance determination for each 

unit will be completed. At least one unit shall be modified to 

comply with the applicable emission limit of this rule by April 1, 

2012. Each year thereafter, a minimum of 20 percent of additional 

units and no less than one unit shall be modified to comply with 

the applicable emission limit. All units must comply with the 

applicable emission limit of this rule before January 1, 2015.

(B) Owners or operators of facilities with pollution control unit(s) in 

series with process unit(s) (e.g., an oven and afterburner) that have

NOx emissions greater than one pound per day and different 

compliance dates may elect to synchronize compliance of all units 

in the series on one date no later than December 1, 2013. 
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(d) Compliance Determination

(1) All compliance determinations pursuant to paragraph (c)(6) shall be 

calculated:

(A) Using a District approved test protocol averaged over a period of at 

least 15 and no more than 60 consecutive minutes; 

(B) After unit start up; and

(C) In the unit’s as-found operating condition.

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 any of the following types of units with 

process temperature less than 1200 °F that operate with variable heat input 

that falls below 50% rated heat input capacity during normal operation: 

Make-Up Air Heater, other Air Heater located outside of process building, 

Oven, Dehydrator, Dryer, Tenter-Frame Dryer, Fabric Dryer, Carpet Dryer,

Heater, Cooker, Roaster, non-metallurgical Furnace, or Heated Storage 

Tank. 

For compliance determinations after the initial approved test, the 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) are 

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

(3) Compliance with the NOx 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:

(A) District Source Test Method 100.1 – Instrumental Analyzer 

Procedures for Continuous Gaseous Emission Sampling (March 

1989); or

(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 
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Engines, Combustion Turbines, Boilers, and Process Heaters Using 

Portable Analyzers; or

(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; or

(D) District Source Test Method 7.1 – Determination of Nitrogen 

Oxide Emissions from Stationary Sources (March 1989); and

(E) District 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); or

(F) Any alternative test method determined approved before the test in 

writing by the Executive Officers of the District, the California Air 

Resources Board and the United States Environmental Protection 

Agency.

(4) For any 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 for ten years and made 

available to District 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) shall 

constitute a violation of this rule.

(6) All compliance determinations shall be made using an independent 

contractor to conduct testing, which is approved by the Executive Officer 

under the Laboratory Approval Program for the applicable test methods.

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

common exhaust or units with one dual purpose burner that both heats the 

process and incinerates VOC, toxics or PM, the owner or operator may 

demonstrate compliance with the emission limits in Table 1 by one of the 

following:
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(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 or dual purpose burner, when 

all units are operating, and demonstrate that the series of units 

either meet:

(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.

Σ [ (ELX)*(QX) ]

Weighted Limit = ______________________

Σ [ QX ]

Where:

ELX = emission limit for unit X

QX = total heat input for unit 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 burner systems for use 

in the District may elect to apply to the Executive Officer to certify such 

units or burner systems as compliant with subdivision (c). 

(2) Manufacturer Confirmation of Emissions

Any manufacturer’s application to the Executive Officer to certify a model 

of equipment 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 model complies with the 

applicable requirements of subdivision (c). This confirmation shall be 

based upon District approved emission tests of standard model units and a 
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District approved protocol shall be adhered to during the confirmation 

testing of all units subject to this rule. Emission testing shall comply with 

the requirements of paragraphs (d)(1) through (d)(5) except emission 

determinations shall be made at 100% rated heat input capacity and an 

additional emission determination shall be made using a heat input of less 

than 35% of the rated heat input capacity for any Afterburner, Degassing 

Unit, Remediation Unit, Thermal Oxidizer, Catalytic Oxidizer, Vapor 

Incinerator, Make-Up Air Heater, other Air Heater located outside of 

process building, Oven, Dehydrator, Dryer, Tenter-Frame Dryer, Fabric 

Dryer, Carpet Dryer, Heater, Kiln, Crematory, Incinerator, Calciner, 

Cooker, Roaster, non-metallurgical Furnace, or Heated Storage Tank.

(3) When applying for unit(s) certification, the manufacturer shall submit to 

the Executive Officer the following:

(A) A statement that the model is in compliance with subdivision (c). 

The statement shall be signed and dated by the manufacturer’s 

responsible official and shall attest to the accuracy of all 

statements;

(B) General Information

(i) Name and address of manufacturer,

(ii) Brand name, if applicable,

(iii) Model number, as it appears on the unit rating plate; and

(iv) Rated Heat Input Capacity, gross output of burner(s) and 

number of burners; 

(C) A description of each model 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 District approved Protocol for each unit tested. 

The source test shall have been conducted no more than ninety (90) 

days prior to the date of submittal to the Executive Officer.

(4) When applying for unit certification, the manufacturer 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 

District certified unit.
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(5) The Executive Officer shall certify a unit model 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 five years from the date of approval 

by the Executive Officer. After the fifth 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 modification and 

test records of owners, operators, manufacturers, distributors, retailers, and 

installers of units located in the District, and conduct such tests as are 

deemed necessary to ensure compliance with this rule. Tests shall include 

emission determinations, as specified in paragraph (d)(1) to (d)(4), of a 

random sample of any category of units subject to this rule.

(2) An emission determination specified under paragraph (f)(1) that finds 

emissions in excess of those allowed by this rule or permit conditions shall 

constitute a violation of this rule. 

(g) Exemptions

(1) The provisions of this rule shall not apply to units:

(A) subject to the nitrogen oxide limits of District Rules 1109, 1110.2, 

1111, 1112, 1117, 1121, 1134, 1135, 1146, 1146.1, or 1146.2; or

(B) located at RECLAIM facilities.

(2) The provisions of this rule shall not apply to charbroilers.

(3) The provisions of this rule shall not apply to:

(A) Flares subject to District Rule 1118; 

(B) Flares, afterburners, degassing units, thermal or catalytic oxidizers 

or vapor incinerators in which a fuel, including but not limited to 

natural gas, propane, butane or liquefied petroleum gas, is used 

only to maintain a pilot for vapor ignition or is used for five 

minutes or less to bring a unit up to operating temperature;

(C) Municipal solid waste incinerators with a District permit operating 

before December 5, 2008; 

(D) An afterburner or vapor incinerator with a District permit operating 

before December 5, 2008 that has an integrated thermal fluid heat 
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exchanger that captures heat from the afterburner or vapor 

incinerator and an oven or furnace exhaust in order to reduce fuel 

consumption by an oven or the afterburner or vapor incinerator; or

(E) A flare, afterburner, degassing unit, remediation unit, thermal 

oxidizer, catalytic oxidizer or vapor incinerator process in which a 

fuel, including but not limited to natural gas, propane, butane or 

liquefied petroleum gas, is mixed with air toxics, VOCs, landfill 

gas, digester gas or other combustible vapors prior to incineration 

in the unit, in order to maintain vapor concentration above the 

upper explosion limit or above a manufacturer specified limit in 

order to maintain combustion or temperature in the unit. This 

exemption does not apply to a burner with a separate fuel line used 

to heat up or maintain temperature of a unit or incinerate air toxics, 

VOCs or other combustible vapors in a gas stream moving past the 

burner flame.

(4) New afterburners, degassing units, thermal oxidizers, catalytic oxidizers, 

vapor incinerators, and spray booth make-up air heaters installed for use at 

a specific facility after December 5, 2008 and before March 1, 2012, are 

exempt from the emission limit in Table 1 until July 1 of the year the unit 

is 15 years old.

(5) New or relocated remediation units installed after December 5, 2008 and 

before March 1, 2012, are exempt from the emission limit in Table 1 until 

a combustion modification or change of location on or after January 1, 

2012.

(6) New food ovens, fryers, heated process tanks, parts washers, and 

evaporators installed after December 5, 2008 and operating before January 

1, 2014, are exempt from the emission limit in Table 1 until July 1 of the 

year the unit is 15 years old.

(7) Remediation units are exempt from the applicable emission limit in Table 

1 while fueled with propane, butane or liquefied petroleum gas in a 

location where natural gas is not available. Remediation units must 

comply with the emission limit when natural gas is available and while 

fueled with natural gas.
Rule 1147 (Cont.) (Adopted December 5, 2008) (Amended September 9, 2011)

1147 - 16

(h) Technology Assessment

(1) On or before December 7, 2015, the Executive Officer shall conduct a 

technology assessment and shall report to the Governing Board on the 

availability of burner systems and units for processes with NOx emissions 

of one pound per day or less.

(i) Mitigation Fee Compliance Option

(1) An owner or operator of a unit with emissions of more than 1 pound per 

day may elect to delay the applicable compliance date in Table 2 of

paragraph (c)(1) or (c)(4) three years by submitting an alternate 

compliance plan and paying an emissions mitigation fee to the District 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:

(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 of paragraph (c)(1) or (c)(4), and

(B) Maintain on-site a copy of verification of mitigation fee payment 

and AQMD approval of the alternate compliance plan that shall be 

made available upon request to AQMD staff.

(3) Plan Submittal

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

(i)(2) shall include:

(A) A completed AQMD Form 400A with company name, AQMD 

Facility ID, identification that application is for a compliance plan 

(section 7 of form), and identification that request is for the Rule 

1147 mitigation fee compliance option (section 9 of form);

(B) Attached documentation of unit fuel use for previous 5 years, 

description of weekly operating schedule, unit permit ID, unit heat 

rating (Btu/hour), and fee calculation;

(C) Filing fee payment; and
Rule 1147 (Cont.) (Adopted December 5, 2008) (Amended September 9, 2011)

1147 - 17

(D) Mitigation fee payment as calculated by Equation 1.

Equation 1:

MF = R X ( 3 years ) X ( L1 – L0 ) X ( AF ) X ( 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 

natural gas and LPG, and 0.160 lb/mmBtu for fuel oils

L0 = Applicable NOx emission limit specified in Table 1 in 

lbs/mmBtu

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