MOJAQMD RULE 1301 DEFINITIONS

LAST REVISED 03/25/96 

## RULE 1301 DEFINITIONS
(Adopted: 7/21/80; Amended: 10/27/93; Amended: 03/25/96)

For the purposes of this Regulation, the following definitions shall apply: (A) "Actual Emissions"
- The actual rate of emissions of a Regulated Air Pollutant which accurately represent the emissions from an Emissions Unit. Such emissions shall be calc ulated using the verified actual operating hours; production rates; and types of materials processe d, stored or combusted as applicable. (B) "Actual Emissions Reductions (AERs)"
- Emissions reductions which result from modifications to or shutdowns of existing Emissions Unit(s) which have been banked pursuant to Distri ct Regulation XIV or which are simultaneous reductions within the same Facility as calculate d pursuant to District Rule 1305(B)(2). AERs shall be real, enforceable, quantifiable, surplus and permanent and shall be calculated pursuant to provisions of District Rules 1305(B)(2) or 1404(A) as applic able. (C) "Affected State"
- Any State or local air pollution control agency whose air quality may be affecte d by the granting of a permit to a Facility or an Emissions Unit and which is contiguous to the D istrict; or any State which is located within 50 miles of the Facility. (D) "Air Pollutant"
- Any air pollution agent or combination of such agents, including any physical, chemical, biological, or radioactive (including source material, special nucl ear material and byproduct material) substance or matter which is emitted into or otherwise enters t he ambient air. (E) "Air Pollution Control Officer" (APCO)
- The person appointed to the position of Air Pollution Control Officer of the District pursuant to the provisions of California Heal th & Safety Code §40750, and his or her designee. (F) "Ambient Air Quality Standards"
- Any National Ambient Air Quality Standard promulgated pursuant to the provisions of 42 U.S.C. §7409 (Federal Clean Air Act §109) or any State Ambie nt Air Quality Standard promulgated to California Health & Safety Code §39606 unless the par ticular Ambient Air Quality Standard (either National or State) is specified. (G) "Application for Certification" (AFC)
- A document submitted to the CEC requesting certification of an EEGF pursuant to the provisions of Division 15 of the California P ublic Resources Code (commencing with section 25000). (H) "Authority to Construct Permit" (ATC)
- A District permit required pursuant to the provisions of District Rule 201 which must be obtained prior to the building, erecting, install ation, alteration or replacement of any Permit Unit. Such permit may act as a temporary PTO p ursuant to the provisions of Page 1 of 10 MOJAQMD 1301 DEFINITIONS

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...**District Rule 202.**

(I) "Begin Actual Construction"
- **The general initiation of physical on-site construction activities on an Emissions Unit which are of a permanent nature. Actual construction activitie**  **s include, but are not limited to, the following:**  **1. Installation of building supports and foundations; 2. Laying of underground pipe work;**  **3. Construction of permanent storage structures; and 4. With respect to a change in operating method, those on-site activities, other tha**  **n preparatory activities, which mark the initiation of the change.**  (J) "Best Available Control Technology (BACT)"
- **For any Permit Unit, the most stringent of: 1. The most effective emission control device, emission limit, or technique which has**  **been achieved in practice, for such permit unit category or class of source; or any other emissi**  **on control device, process or technique, and/or different fuel demonstrated in practice to be technol**  **ogically feasible and cost-effective by the APCO or by CARB.**  **2. Under no circumstances shall BACT be determined to be less stringent than the emission control**  **required by any applicable provision of laws or regulations of the District, Sta te, and/or Federal**  **government, unless the applicant demonstrates to the satisfaction of the APCO that s uch**  **limitations are not achievable. 3. In no event shall the application of BACT result in the emissions of any Regulated Air**  **Pollutant which exceeds the emissions allowed by any applicable standard or other requirement**  **under 42 U.S.C. §7411, Standards of Performance for New Stationary Sources (Federal Clean Ai**  **r Act §111) or 42 U.S.C. §7412, Hazardous Air Pollutants (Federal Clean Air Act §112) or the**  **regulations promulgated thereunder. 4. BACT for Emission Unit categories or classes of Facilities shall be**  **determined on a case-by-case basis.**  (K) "California Air Resources Board" (CARB)
- **The California State Air Resources Board the powers and duties of which are described in Part 2 of Division 26 of the California Healt** **h & Safety Code (commencing with section 39500).**  (L) "California Energy Commission" (CEC)
- **The California Energy Commission the powers and duties of which are described in Division 15 of the California Public Resources Code** **(commencing with section 25000).**  (M) "Cargo Carriers"
- **Cargo carriers are trains, trucks and off-road vehicles dedicated to, or an integral part of, a specific Facility. For the purposes of this regulation, tr**  **ucks and off-road vehicles are those used exclusively at the Facility.**  (N) "Commence Construction"
- **When the owner or operator of a Facility or of a Facility undergoing a Major Modification has obtained all necessary preconstruction approvals and/or**  **permits and has either:**  **Page 2**  **of 10**  **MOJAQMD 1301 DEFINITIONS**

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**... 1. Begun, or caused to begin, a continuous program of actual on-site construction to be compl**  **eted**

**within a reasonable time; or 2. Entered into binding agreements or contractual obligations, which cannot be cancel**  **ed or modified without substantial loss to the owner or operator, to undertake a program of actua**  **l construction of the Facility or Emissions Unit to be completed within a reasonable time.**  (O) "Construction"
- **Any physical change or change in the method of operation in a Facility (including fabrication, erection, installation, demolition, or modification of an Emiss**  **ions Unit) which would result in a change in Actual Emissions.**  (P) "Contiguous Property"
- **Two or more parcels of land with a common boundary or separated solely by a public or private roadway, or other public or private right-of-**  **way.** (Q) "Control Efficiency"
- **The estimated control efficiency of a proposed air pollution control device or procedures which will be incorporated into the process or onto the Permit Uni**  **t. Such equipment or other modifications shall be recorded on the ATC(s) and/or PTO(s) as a F**  **ederally Enforceable permit condition. Emissions reductions attributed to reduced throughput rates or operating hours**  **shall not be considered in determining control efficiency.**  (R) "Daily Emissions Limitation"
- **One or a combination of Federally Enforceable permit conditions specific to a permit unit which restricts its maximum daily emissions**  **, in pounds per day, at or below the emissions associated with the maximum design capacity. A daily emissions limi**  **tation must be contained in the latest Authority to Construct/Permit to Operate for the permit unit.**  (S) "District"
- **The Mojave Desert Air Quality Management District the geographical area of which is**  **described in District Rule 103.** (T) "Electrical Energy Generating Facility" (EEGF)
- **Any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or**  **more, and any facilities appurtenant thereto.**  **1. Exploratory, development, and production wells, resource transmission lines and othe r related**  **facilities used in connection with a geothermal exploratory project or a geother mal field**  **development project are not appurtenant facilities for the purposes of thi s Regulation.**  **2. EEGF does not include any wind, hydroelectric or solar photovoltaic electrical genera ting facility.** 
(U) "Emissions Reduction Credit" (ERC)
- **A credit for an amount and type of Regulated Air Pollutant granted by the District pursuant to the provisions of District Regula** **tion XIV which is evidenced by recordation in the Registry of emissions reductions and by an ERC Certifi**  **cate.** (V) "Emissions Unit"
- **any part of a Facility which emits or has the Potential to Emit any Regulated Air Pollutant.**  (W) "Executive Officer"
- **The person appointed to the position of Executive Officer of the California Air Resources Board pursuant to the provisions of California Health & Safety Code**  **§39515 and his or her designee.**  **Page 3**  **of 10**  **MOJAQMD 1301 DEFINITIONS**

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**...**(X) "Facility"
- **Any building, structure, Emissions Unit, combination of Emissions Units, or**

**installation which emits or may emit a Regulated Air Pollutant and which are: 1. Located on one or more Contiguous or adjacent properties within the District;**  **2. Under the control of the same person (or by persons under common control); and 3. Belong to the same industrial grouping, as determined by being within the same two digi**  **t Standard Industrial Classification Code (SICC).**  **4. For the purpose of this regulation, such above-described grouping, remotely located b ut connected**  **only by land carrying a pipeline, shall not be considered one Facility.** (Y) "Federally Enforceable"
- **any limitation and/or condition which is enforceable by USEPA including, but not limited to:**  **1. Requirements developed pursuant to 42 U.S.C. §7411, Standards of Performance for New Stationary Sources (Federal Clean Air Act §111) or 42 U.S.C. §7412, Hazardous Air Pollutants**  **(Federal Clean Air Act §112) or the regulations promulgated thereunder; 2. Requirements within any applicable state implementation plan;**  **3. Permit requirements established pursuant to 40 CFR 52.21; 51.160-166; or under regulations approved pursuant to 40 CFR 51, subpart I, including operating permits issued under a USEP**  **A approved program that is incorporated into the State Implementation Plan and expr**  **essly requires adherence to any permit issued under such program.**  (Z) "Fugitive Emissions"
- **Those emissions which could not reasonably pass through a stack, chimney, or vent. Fugitive emissions are directly or indirectly caused by the activities**  **of man.** (AA) "Halocarbons"
- **For the purpose of this rule, halocarbons are 1,1,1-trichloroethane, trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12), chlorodifluoromethane** **(CFC 22), trifluoromethane (CFC-23), methylene chloride, trichlorotrifluoroethane (CFC-**  **113), dichlorotetrafluoroethane (CFC-114), and chloropentafluoroethane (CFC-115).**  (BB) "Historic Actual Emissions" (HAE)
- **The Actual Emissions of an Emissions Unit or combination of Emissions Units, including Fugitive Emissions directly related to the E**  **missions Unit(s), calculated in pounds per year and determined pursuant to the provisions of Distric**  **t Rule 1304(D)(2).** (CC) "Historic Potential Emissions" (HPE)
- **The Potential to Emit of an existing Emissions Unit or combination of Emission Units, prior to Modification, calculated in pounds per ye**  **ar and determined pursuant to the provisions of District Rule 1304(D)(3).**  (DD) "Major Facility"
- **Any Facility which emits or has the Potential to Emit any Regulated Air Pollutant or its Precursors in an amount greater than or equal to the amounts set forth in Di**  **strict Rule 1303(B)(1).**  **1. Any physical change at a Facility which, by itself, would emit or have the Potential to Emit any**  **Regulated Air Pollutant or its Precursors in an amount greater than or equal to the amounts listed**  **Page 4**  **of 10**  **MOJAQMD 1301 DEFINITIONS**

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**... in District Rule 1303(B), shall also constitute a Major Facility.** 

**2. The Fugitive Emissions of a Facility shall not be included in the determination of whe ther a**  **Facility is a Major Facility unless the Facility belongs to one of the twenty-s even (27) categories**  **of Facilities as listed in 40 CFR 51.165(a)(1)(iv)(C).** (EE) "Major Modification"
- **Any Modification in a Facility that would result in a Significant Net Emissions Increase of any Regulated Air Pollutant as set forth in section (EEE)**  **below.** (FF) "Mobile Source"
- **A device by which any person or property may be propelled, moved, or drawn upon the surface, waterways, or through the atmosphere, and which emits air contaminants**  **. For the purpose of this Regulation, mobile source includes registered Motor Vehicles whic**  **h are licensed, or driven on the public roadways of the state of California.**  (GG) "Modeling"
- **An air quality simulation model based on specific assumptions and data, and which model, assumptions, and data have been approved in advance and in writing by the APCO. Such models**  **shall be from a list of approved air quality simulation models prepared by the CARB and the USEPA.**  (HH) "Modification"
- **Any physical or operational change to a Facility or an Emissions Unit to replace equipment, expand capacity, significantly revise methods of operation, or moderniz**  **e processes by making any physical change, change in method of operation, addition to an existing Permit Unit and/** **or change in hours of operation which results in a Net Emissions Increase of any Regulate**  **d Air Pollutant or which results in the emission of any Regulated Air Pollutant not previously emitted:**  **1. A physical or operational change shall not include: (a) Routine maintenance, repair and/or replacement; or**  **(b) A change in ownership of an existing Facility with valid PTO(s); or (c) The replacement or Modification of an Emissions Unit where the following requi**  **rements are met:**  **(i) The replacement unit is functionally identical as the Emissions Unit bei ng replaced; and**  **(ii) The maximum rating of the new or modified Emissions Unit will not be greater t han that**  **of the Emissions Unit being replaced; and (iii) The Potential to Emit for any Regulated Air Pollutant will not be great**  **er from the new or modified Emissions Unit than from the Emissions Unit being replaced when the**  **replacement Emissions Unit is operated at the same permitted conditions as the original**  **Emissions Unit and as if current BACT had been applied to the original Emissions U nit;**  **and (iv) The replacement does not occur at a Major Facility and is not a Major Modificat**  **ion. (v) An Emissions Unit shall not be considered a functionally identical replacem**  **ent if USEPA objects to such determination on a case-by-case basis.**  **(d) The relocation of an existing Facility, utilizing existing equipment where t he following**  **Page 5**  **of 10**  **MOJAQMD 1301 DEFINITIONS**

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**...**requirements are met:

(i) The relocation does not result in an increase in emissions from the Facility; and (ii) The relocation is to a site within 10 miles of the original Facility location; and (iii) The relocation is to a site within a federal designation which is less than or equal to the designation or classification of the original site; and (iv) The relocation occurs within one (1) year of the Facility ceasing operations at its original location; and (v) The relocation does not occur at a Major Facility and is not a Major Modification; and (vi) Any new or replacement equipment associated with the relocation complies w ith the applicable provisions of this Rule. (II) "Motor Vehicle"
- For the purpose of this regulation, "Motor Vehicle" includes registered Motor Vehicles which are licensed, or driven on the public roadways of the state of Calif ornia. (JJ) "Net Air Quality Benefit"
- Any improvement in air quality resulting from Actual Emission Reductions. (KK) "Net Emissions Increase"
-An emissions change as calculated pursuant to District Rule 1304(B) which exceeds zero. (LL) "New Source Review Document" (NSR Document)
- A document issued by the APCO pursuant to the procedures of District Rule 1302 for a Facility subject to the provisions of D istrict Rule 1303(B) which includes, but is not limited to, all analysis relating to the project, Offs ets required for the project, and proposed conditions for any required ATC(s) or PTO(s). (MM) "Nonattainment Air Pollutant"
- Any Regulated Air Pollutant for which the District has been designated "nonattainment" pursuant to final rule-making by the USEPA as pub lished in the Federal Register, or for which the District has been designated nonattainment by the CARB pursuant to California Health and Safety Code §39607. Any pollutant which is a Precursor to a Nonattai nment Air Pollutant is also a Nonattainment Air Pollutant. (NN) "Nonpermitted Exempt Unit"
- An Emissions Unit or group of Emissions Units which are exempt from the requirement to have a permit pursuant to the provisions of District Rule 219 or the provisions of California Health & Safety Code §42310. (OO) "Normal Operation"
- The usual or typical daily operations of a Facility or Emissions Unit. (PP) "Notice of Intention" (NOI)
- A notice regarding an EEGF produced pursuant to the provisions of Division 15 of the California Public Resources Code (commencing with section 25000). (QQ) "Off

- road Vehicle"
- Any vehicle which is not licensed for use on the public roadways in the State of California and is used exclusively at the Facility. (RR) "Offset Emission Reductions" (Offsets)
- Actual Emissions Reductions (AERs) or Emission Page 6 of 10 MOJAQMD 1301 DEFINITIONS

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...Reduction Credits (ERCs) used to offset emission increases of Regulated Air Pol lutants on a pollutant

category specific basis. AERs shall be calculated pursuant to the crit eria set forth in District Ruled 1304 (C). ERCs shall comply with the provisions of District Regulation XIV. AERs or E RCs shall be adjusted, if necessary, pursuant to the provisions of District Rule 1305(C)(5). (SS) "Permit to Operate" (PTO)
- A District permit required pursuant to the provisions of District Rule 203 which must be obtained prior to operation of a Permit Unit. An ATC may funct ion as a temporary PTO pursuant to the provisions of District Rule 202. (TT) "Permit Unit"
- Any Emissions Unit which is required to have a PTO pursuant to the provisions of District Rule 203. (UU) "PM10"
- Particulate matter with an aerodynamic diameter less than or equal to a nomina l 10 micrometers as measured by a reference method based on 40 CFR 50 Appendix J and designat ed in accordance with 40 CFR 53; or methods found in Article 2, Subchapter 6, Title 17, California C ode of Regulations (commencing with section 94100); or any equivalent method designated in accordance wi th 40 CFR 53. (VV) "Potential to Emit" (PTE)
- The maximum capacity of a Facility or Emissions Unit(s) to emit any Regulated Air Pollutant under its physical and operational design. 1. Any physical or operational limitation on the capacity of the Facility or Emis sions Unit(s) to emit an Air Pollutant, including air pollution control equipment and restrictions on hours of oper ation or on the type or amount of material combusted, stored, or processes, shall be tre ated as part of its design only if the limitation or the effect it would have on emissions is Federally E nforceable. 2. Fugitive Emissions of Hazardous Air Pollutants shall be included in the calculat ion of a Facility's or Emission Unit(s)' Potential to Emit. 3. Fugitive Emissions of other Air Pollutants shall not be included in the calculations of a Facility's or Emissions Unit(s)' Potential to Emit unless the Facility belongs to one of the 27 categories listed in 40 CFR 51.165(a)(1)(iv)(C). 4. Secondary Emissions shall not be included in the calculations of a Facility's or Em issions Unit(s)' Potential to Emit. (WW) "Precursor"
- A substance which, when released to the atmosphere, forms or causes to be formed or contributes to the formation of a Regulated Air Pollutant. These include, but a re not limited to the following:

Precursors Secondary Pollutants Hydrocarbons and substituted hydrocarbons (Reactive Organic Compounds) a) Photochemical oxidant (ozone) b) The organic fraction of PM10 Nitrogen Oxides (NOx) a) Nitrogen dioxide (NO2) b) The nitrate fraction of PM10 Page 7 of 10 MOJAQMD 1301 DEFINITIONS

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...(XX) "Proposed Emissions" (PE)
- The Potential to Emit for a new or modified Facility or Emissions

Unit, as constructed or modified, calculated pursuant to the provisions of District Rule 1304(D)(4). (YY) "Reactive Organic Compound" (ROC)
- Any compound containing carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium car bonates, which participates in atmospheric photochemical reactions and those compounds list ed in 17 California Code of Regulations §94508(a)(90)(1-2). (ZZ) "Reasonably Available Control Technology" (RACT)
- Any device, system, process modification, apparatus, technique or combination of the above which results in the lowest emissions rate and which is reasonably available considering technological and economic feasi bility. (AAA) "Reduced Sulfur Compounds"
- Hydrogen sulfide, carbon disulfide and carbonyl sulfide. (BBB) "Regulated Air Pollutant"
- Any of the following Air Pollutants: 1. Any Air Pollutant, and its Precursors, for which an Ambient Air Quality Standard has been promulgated. 2. Any Air Pollutant that is subject to a standard under 42 U.S.C. §7411, Standards of Performanc e for New Stationary Sources (Federal Clean Air Act §111) or the regulations pr omulgated thereunder. 3. Any substance which has been designated a Class I or Class II substance under 42 U .S.C. §7671a (Federal Clean Air Act §602) or the regulations promulgated thereunder. 4. Any Air Pollutant subject to a standard or other requirement established pursuant to 42 U.S.C. §7412, Hazardous Air Pollutants (Federal Clean Air Act §112) or the regulations promulgat ed thereunder. (CCC) "Seasonal Source"
- Any Facility or permit unit with more than seventy-five percent (75%) of its annual emissions within a consecutive 120 day period. (DDD) "Secondary Emissions"
- Emissions which would occur as a result of the Construction or operation of a Facility or Major Modification to a Facility but which do not come fromthe Facility or the Major Modification itself. 1. These emissions must be specific, well defined, quantifiable, and impact the same general area as the Facility or the Major Modification which causes the Secondary Emissions. c) Photochemical oxidant (ozone) Sulfur Oxides (SOx) a) Sulfur dioxide (SO2) b) Sulfates (SO4) c) The sulfate fraction of PM10 Hydrogen Sulfide (H2S) Page 8 of 10 MOJAQMD 1301 DEFINITIONS

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...2. Secondary Emissions shall include emissions from any offsite support Facility which would not

be constructed or increase its emissions except as the result of the construction or operation of the Facility or Major Modification. 3. Secondary Emissions shall not include any emissions which come directly from a Mobil e Source. (EEE) "Significant"
- A Net Emissions Increase from a Major Modification which would be greater than or equal to the following emissions rates for those Air Pollutants and their Prec ursors dependant upon Facility location.

1. If a Facility is located in more than one federal nonattainment area then the lower of the limits listed above shall apply on a pollutant category specific basis. (FFF) "Simultaneous Emission Reduction" (SER)
- A Federally Enforceable reduction in the emissions of an existing Emissions Unit, calculated pursuant to the provisions of Di strict Rule 1304(C), which occurs at the same time as a permitting action pursuant to this Regulat ion and is any of the following: 1. A reduction in the Actual Emissions of the Emissions Unit; or 2. A reduction in the Potential to Emit of the Emissions Unit so long as the HPE of the Emis sions Unit was completely offset in a prior permitting action pursuant to this Re gulation. (GGG) "Total Organic Compounds"
-Compounds of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates and ammonium carbonate. POLLUTANT EMISSION RATE

(Within an attainment or unclassified area) EMISSION RATE

(Within a Severe-17 ozone nonattainment area) EMISSION RATE

(Within a moderate PM10 nonattainment area) Carbon Monoxide (CO) 100 tpy 100 tpy 100 tpy Lead (Pb) 0.6 tpy 0.6 tpy 0.6 tpy Oxides of Nitrogen (NOx) 40 tpy 25 tpy 40 tpy

PM10 N/A N/A 15 tpy Reactive Organic Compounds (ROC) 40 tpy 25 tpy 40 tpy

Sulfur Dioxide (SO2) 40 tpy 40 tpy 40 tpy Page 9 of 10 MOJAQMD 1301 DEFINITIONS

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...(HHH) "United States Environmental Protection Agency" (USEPA)
-The United States

Environmental Protection Agency, the Administrator of the USEPA and his or her authorize d representative. (III) "Volatile Organic Compounds" (VOC)
- Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions and those compounds list ed in 40 CFR 51.100(s)(1).

[SIP: Submitted as amended 03/25/96 on _________; S ubmitted as amended 10/27/93 on 03/29/94; Condition al Approval 47 FR 25013, 06/09/82] Page 10 of 10 MOJAQMD 1301 DEFINITIONS

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