October 13, 2011 Placer County APCD 502

- 1 Rules and Regulations 

### RULE 502 NEW SOURCE REVIEW

Adopted 11

- 12

- 74 (Amended 05

- 24

- 77, 06

- 19

- 79, 09

- 21

- 93, 11

- 03

- 94, 08

- 09

- 01, 12

- 09

- 04

, rescinded and re

- adopted 2

- 11

- 10

, amended 10

- 13

- 11 )

CONTENTS

100 GENERAL

101 PURPOSE

102 APPLICABILITY

103 PUBLIC NOTIFICATION REQUIREMENTS

200 DEFINITIONS

201 ACTUAL EMISSIONS

202 ACTUAL EMISSIONS REDUCTIONS (AER)

203 ACTUAL INTERRUPTIONS OF ELECTRICAL POWER

204 ALLOWABLE EMISSIONS

205 AMBIENT AIR QUALITY STANDARDS

206 BASELINE ACTUAL EMISSIONS (BAE)

207 BEGIN ACTUAL CONSTRUCTION

208 BEST AVAILABLE CONTROL TECHNOLOGY (BACT)

209 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

210 CLASS I AREA

211 COMMENCE

212 CARGO CARRIERS

213 CONSTRUCTION

214 CONTIGUOUS PROPERTY

215 COST

- EFFECTIVE

216 EMERGENCY ENGINES

217 EMERGENCY USE

218 EMISSION DECREASE

219 EMISSION REDUCTION CREDITS (ERCs)

220 EMISSIONS LIMITATION

221 EMISSIONS UNIT

222 FEDERALLY ENFORCEABLE

223 FUGITIVE EMISSIONS

224 FUNCTIONALLY EQUIVALENT EMSSION UNIT

225 HALOGENATED HYDROCARBONS

226 HAZARDOUS AIR POLLUTANT (HAP)

227 HISTORIC ACTUAL EMISSIONS (HAE)

228 IDENTICAL EMISSION UNIT

229 LAKE TAHOE AIR BASIN

230 MAJOR STATIONARY SOURCE

– SACRAMENTO AIR BASIN

231 MAJOR STATIONARY SOURCE

– MOUNTAIN COUNTIES AIR BASIN

232 MAJOR MODIFICATION

233 MODIFICATION

234 MOUNTAIN COUNTIES AIR BASIN

235 NECESSARY PRECONSTRUCTION APPROVALS OR PERMITS

236 NONATTAINMENT POLLUTANT

237 NSR REGULATED POLL UTANT

238 PM2.5

239 PM10

240 PORTABLE EQUIPMENT

241 POTENTIAL TO EMIT (PTE)October 13, 2011 Placer County APCD 502

- 2 Rules and Regulations 242 PRECURSOR

243 PREVENTION OF SIGNIFICANT DETERIORATION (PSD)

244 PRIORITY RESERVE BANK

245 PROPOSED EMISSIONS

246 QUARTERLY

247 QUARTERLY EMISSION LIMITATION

248 REACTIVE ORGANIC COMPOUND

249 RECONSTRUCTED SOURCE

250 REDUCED SULFUR COMPOUNDS

251 REPLACEMENT EQUIPMENT

252 SACRAMENTO VALLEY AIR BASIN

253 SIGNIFICANT

254 SIGNIFICANT EMISSIONS INCREASE

255 STATIONARY SOURCE (SOURCE OR FACILITY)

256 STATIONARY SOURCE PTE

257 SURPLUS

258 TEMPORARY SOURCE

259 TOTAL REDUCED SULFUR COMPOUNDS

300 STANDARDS

301 EMISSION AND OFFS ET CALCULATIONS

302 REQUIREMENT TO APPLY BEST AVAILABLE CONTROL TECHNOLOGY

303 OFFSET REQUIREMENTS

304 MAJOR SOURCE ADMINISTRATIVE REQUIREMENTS

305 GENERAL PROVISIONS

400 APPLICATION PROCESSING

401 REQUIREMENT TO SUBMIT APPLICATION

402 COMPLETE APPLICATION REQUIREMENT

403 PRELIMINARY DECISION

404 TIMING FOR FINAL ACTION

405 AUTHORITY TO CONSTRUCT AND PERMIT TO OPERATE CONTENT

406 PUBLICATION AND PUBLIC COMMENT

407 PUBLIC INSPECTION

408 DENIAL, FAILURE TO MEET STANDARDS

409 DENIAL, FAILURE TO MEET CEQA

410 ISSUANCE, PERMIT TO OPERATE

500 ADDITIONAL PROVISIONS FOR POWER PLANTS

600 MONITORING AND RECORDS

601 RECORDKEEPINGOctober 13, 2011 Placer County APCD 502

- 3 Rules and Regulations 100 GENERAL

101 PURPOSE: The purpose of this rule is to provide for the review of new and modified stationary air pollution sources and to provide mechanisms, including emission offsets, by

which authorities to construct for such sources may be granted without interfering with the attainment or maintenance of ambient air quality standards.

102 APPLICABILITY: This rule shall apply to all new stationary sources and emissions units and all modifications to existing stationary sources and emissions units that, after construction, emit or may emit any NSR regulated pollutant within the District.

If any source or modification becomes a major source or major modification solely by virtue of the relaxation of any limita tion that was established after August 7, 1980, on the capacity of the source or modification to emit a federal nonattainment pollutant or its precursor such as a restriction on hours of operation, then the requirements of this rule shall apply to such a s ource or modification as though construction had not yet

commenced on the source or modification.

This rule shall not apply to prescribed burning of forest, agriculture or range land; open burning in accordance with District Regulation 3, OPEN BURNING; ro ad construction, or

any non

- point source common to timber harvesting or agricultural practices.

The regulations in effect at the time any application for an Authority to Construct for a new or modified source is deemed complete shall apply to that source except when a new federal requirement not yet incorporated into this Rule applies to the new or modified

source.

103 PUBLIC NOTIFICATION REQUIREMENTS: If the project is for a new or modified stationary source or emissions unit for which offsets are required pursuant to Section 303.1, the public notice requirements shall apply.

200 DEFINITIONS: The following definitions apply fo r all terms used in this Ru le. If a term is not defined below, then the definitions provided in Rule 102, DEFINITIONS, and Rule 504, EMISSIONS REDUCTION CREDITS, apply in that hierarchical order.

201 ACTUAL EMISSIONS: Emissions having occurred from a source, based on source test

and a ctual fuel consumption or process data, or monitoring data

. If source test or monitoring data is not available, other appropriate, APCO

- approved, emission factors may be used. Fugitive emissions associated with the emissions unit shall be included in

the actual emissions of the emissions unit.

202 ACTUAL EMISSIONS REDUCTIONS (AER): The decrease of actual emissions, compared to Baseline Actual E missions, from an emissions unit

. AER s hall be real, federally enforceable, quantifiable, surplus, and permanent.

203 ACTUAL INTERRUPTIONS OF ELECTRICAL POWER: When electrical service is interrupted by an unforeseeable event.

204 ALLOWABLE EMISSIONS: The emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is su bject to federally enforceable limits which restrict the operating rate, hours of operation, or both) and the most stringent of the following:

204.1 Any applicable standards set forth in these regulations and 40 CFR Part 60, 61,
or 63;October 13, 2011 Placer County APCD 502

- 4 Rules and Regulations 204.2 Any applicable emission limitation in the State Implementation Plan (SIP), including those with a future compliance date; or

204.3 The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

205 AMBIENT AIR QUALITY STANDARDS: There are both State and federal ambient air quality standards. For the purpose of submittal to the U.S. Environmental Protection Agency for inclusion in the California State Implementation Plan all references in this rule to Ambient Air Quality Standards shall be interpreted as National Ambient Air Quality

Standards.

206 BASELINE ACTUAL EMISSIONS (BAE) :

206.1 "Baseline A ctual E missions" are the actual emissions for the existing emissions unit averaged over the consecutive two (2) year period immediately preceding

the date of the application

. If the last two years are unrepresentative of normal source operations as determined by the APCO , then any other 2 consecutive

year period during the last five years which the APCO determines represent s normal source operation s may be used.

206.2 If, at any time during the 2 year period, actual emissions exceeded allow able emission levels, then actual emissions shall be reduced to reflect emission levels that would have occurred if the unit were in compliance with all applicable

limitations and rules.

206.3 Where an emissions unit has been in operation for less than 2 years , a s horter averaging period of at least 12 months may be used, provided that the averaging period is representative of the full operational history of the emissions unit. If less than 12 months has passed sin ce the date of issuance of the Permit to O perate

the n Actual Emissions shall be used as the Baseline Actual Emissions

.

207 BEGIN ACTUAL CONSTRUCTION: Initiation of physical on

- site construction activities on an emissions unit which is of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation that does not involve a physical change, this term refers to those on

site activities, other than preparatory activities, which mark the start of the change in the

method of operation.

208 BEST AVAILABLE CONTROL TECHNOLOGY (BACT): The most stringent emission limitation or control technique of the following:

208.1 Achieved in practice for such category and class of source; or

208.2 Contained in any SIP approved by the EPA for suc h category and class of

source. A specific limitation or control technique shall not apply if the owner of the proposed emissions unit demonstrates to the satisfaction of the APCO that such a limitation or control technique is not presently achievable; or

208.3 Contained in an applicable federal New Source Performance Standard; or

208.4 Any other emission limitation or control technique, including process and equipment changes of basic or control equipment, found by the APCO to be cost effective and technologically fe asible for suc h class or category of sources.October 13, 2011 Placer County APCD 502

- 5 Rules and Regulations 209 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): The California Environmental Quality Act, Public Resources Code, Section 21000, et seq.

210 CLASS I AREA: Any area listed as Class I in 40 CFR 81.405 or an area othe rwise specified as Class I in the legislation that creates a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore. Th e only designated Class I area within 20 miles of Placer County as of October 13, 2011 was Desolation Wilderness Area in El Dorado County.

211 COMMENCE: As applied to construction of a major stationary source or major modification means that the owner or ope rator has all necessary preconstruction approvals or permits and either has:

211.1 Begun, or caused to begin, a continuous program of actual on

- site construction of the source, to be completed within a reasonable time; or

211.2 Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within

a reasonable time.

212 CARGO CARRIERS: Cargo carriers are trains dedicated to a specific source.

213 CONSTRUCTION: Means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions.

214 CONTIGUOUS PROPERTY: Two or more parcels of land with a common point or boundary or separated solely by a public roadway or other public right

- of

- way

.

215 COST

- EFFECTIVE: A cost per unit of emissions reduction which is lowe r than or equivalent to the maximum unit costs of the same emission s reduction through the use of Best Available Control Technology, calculated in current year dollars, in accordance with methodology and criteria specified in guideli nes developed by the Di strict.

216 EMERGENCY ENGINES: A stationary engine that meets the criteria specified below:

216.1 It is installed for the primary purpose of providing electrical po wer or mechanical

work for emergency use and is not the source of pri mary power at the facility;

an d

216.2 It is operated to provide electrical power or mechanical work during any emergency use; and

216.3 It is operated no more than 100 hours per year for maintenance and testing, emissions testing or initial start

- up testing. Diesel engines may be further limited by the California Air Resources Board’s Airborne Toxic Control Measure for Stationary Compression Engines in Section 93115.6(a)).

217 EMERGENCY USE: The providing of electrical power or mechanical work during any of the following events.

217.1 The failure or loss of all or part of normal electrical power service or normal natural gas supply to the facility, or the failure of a facility’s internal power distribution system:October 13, 2011 Placer County APCD 502

- 6 Rules and Regulations 217.1.1 Which is caused by any reason other than the adherence to a contractual obligation the owner or operator has with a third party or any other party; and

217.1.2 Which is demonstrated by the owner or operator

, to the APCO ’s

satisfaction

, to have been beyond the reasonable control of the owner
or operator

.

217.2 The pumping of water or sewage to prevent or mitigate a flood or sewage

overflow.

217.3 The pumping of water for fire suppression or protection.

217.4 The powering of ALSF

- 1 or ALSF

- 2 airport runway lights under category II or III

weather conditions.

217.5 The pumping of water to maintain pressure in the water dis tribution system for the following reasons:

217.5.1 A pipe break that substantially reduces water pressure; or

217.5.2 High demand on the water supply system due to high use of water for fire suppression; or

217.5.3 The breakdown of electric

- powered pumping equipment at sewage treatment facilities or water delivery facilities.

217.6 The emergency operation of ski lifts during an actual interruption of normal electrical power service to the facility.

218 EMISSION DECREASE: Any modification that would result in an emission decrease of

a ctual emissions

.

219 EMISSION REDUCTION CREDITS (ERC): Reductions of actual emiss ions from

emission units that are certified by an air district in accordance with that district’s rules

and are issued by the air distr ict in the form of ERC certificate s

.

220 EMIS SIONS LIMITATION: One or more federally enforceable permit conditions specific
to an emissions unit that restricts its maximum emissions, at or below the emissions

associated w ith the maximum design capacity; and that is c ontained in the latest Authority to C onstruc t or enforceable by the latest Permit to O perate for the emission

unit

.

Emissions limitations should be stated in a manner consistent with testing procedures. They may be expressed as an enforceable design, operational, or equipment standard.

221 EMISSIONS UNIT: An identifiable operation or piece of process equipment such as an article, machine, or other contrivance which controls, emits, may emit, or results in the emissions of any air pollutant directly or as fugitive e missions.

222 FEDERALLY ENFOR CEABLE: All limitations and conditions which are enforceable by the EPA administrator, including those requirements developed pursuant to 40 CFR parts 60, 61 and 63, requirements within the California State Implementation Plan (SIP), any permit requiremen ts established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I, including operating permits issued under

an EPA

- approved program that is incorporated into the SIP and expressly requires adherence to any permit i ssued under such program.October 13, 2011 Placer County APCD 502

- 7 Rules and Regulations 223 FUGITIVE EMISSIONS: Those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

224 FUNCTIONALLY EQUIVALENT EMISSION UNIT: An emission unit that serves the

identical fun ct ion as the unit being replaced. The maximum rating and the potential to emit any pollutant shall not be greater from the functionally equivalent emission unit than the replaced unit. The emission increase from any such replacement shall not result in a major modification.

225 HALOGENATED HYDROCARBONS: For the purposes of this rule, halogenated hydrocarbons are the following:

225.1 1,1,1

- trichloroethane

225.2 methylene chloride

225.3 2,2

- dichloro

- 1,1,1

- trifluoroethane (HCFC

- 123)

225.4 2

- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124)

225.5 trichlorofluoromethane (CFC

- 11)

225.6 dichlorodifluoromethane (CFC

- 12)

225.7 1,1,1

- trichloro

- 2,2,2

- trifluoroethane (CFC

- 113)

225.8 1

- chloro

- 1,1

- difluoro

- 2

- chloro

- 2,2

- difluoroethane (CFC

- 114)

225.9 chloropentafluoroethane (CFC

- 115)

225.10 pentafluoroethane (HFC

- 125)

225.11 1,1,2,2

- te trafluoroethane (HFC

- 134)

225.12 tetrafluoroethane (HFC

- 134a)

225.13 1,1

- dichloro

- 1

- fluoroethane (HCFC

- 141b)

225.14 1

- chloro

- 1,1

- difluoroethane (HCFC

- 142b)

225.15 1,1,1

- trifluoroethane (HFC

- 143a)

225.16 chlorodifluoromethane (HCFC

- 22)

225.17 trifluoromethane (HFC

- 23)

225.18 1,1

- difluoroethane (HFC

- 152a)

225.19 The following four classes of perfluorocarbon compounds:

a. Cyclic, branched, or linear, completely fluorinated alkanes.

b. Cyclic, branched, or linear, completely fluorinated ethers, with no

unsaturations.

c. Cyclic, branched, or linear, completely fluorinated ter tiary amines

with no unsaturations.

d. Sulfur

- containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

e. Perfluorocarbon compounds will be assumed to be absent from a product or process unless a manufacturer or facility operator identifies the specific individual compounds (from the broad classes of perfluorocarbon compounds) and the amounts present in the pr oduct or process and provides a validated test method which can be used to quantify the specific compounds.

226 HAZARDOUS AIR POLLUTANT (HAP): Any air pollutant listed pursuant to Section 112(b) of the Federal Clean Air Act as amended in 1990 (42 U.S.C. Sect ion 7401 et seq.).

227 HISTORIC ACTUAL EMISSIONS (HAE) : Historic Actual Emissions shall be calculated for each pollutant.

227.1 For a new emissions unit Historic Actual Emissions are equal to zero.

227.2 For an existing emissions unit, Historic Actual Emissions equals either, in
hierarchical order;October 13, 2011 Placer County APCD 502

- 8 Rules and Regulations 227.2.1 The federally enforceable potential to emit (PTE) limit contained in the most recent Authority to Construct or Permit to Operate, if actual emissions are at least 80% of the permitted PTE limit, or

227.2.2 The federally enforceable PTE limit contained in the most recent Authority to Construct or Permit to Operate, if the emission unit was fully

offset for any emission increases incurred since September 21, 1993, within the 5 year period prior to the date of application fo r the current project, or

227.2.3 The Baseline Actual Emissions.

228 IDENTICAL EMISSION UNIT: A replacement emissions unit which is the same as the original unit in all respects except for serial number.

229 LAKE TAHOE AIR BASIN: Established pursuant to Section 39606 of the Health & Safety Code of the State of California and as described in Title 17, California Code of Regulations, Section 60113 (b), the basin includes that portion of Placer County within the drainage area naturally tributary to Lake Tahoe including s aid Lake, plus that area in the vicinity of the head of the Truckee Ri ver described as fol lows: commencing at the point common to the aforementioned drainage area crest line and the line common to Townships 15 North and 16 North, Mount Diablo Base and Meri dian (M.D.B. & M.), and following that line in a westerly direction to the northwest corner of Section 3, Township 15 North, Range 16 East, (M.D.B. & M.), thence south along the west line of Sections 3 and 10, Township 15 North, Range 16 East, M.D.B. & M., to the intersection with the drainage crest line, thence following the said drainage area boundary in a southwesterly, then northeasterly direction to and along the Lake Tahoe Dam, thence following the said drainage area crest line in a northeasterly, the n northwesterly direction to the point of beginning. This Air Basin is delineated on an official map on file at the California Air Resources Board Headquarters Office.

230 MAJOR STATIONARY SOURCE

– SACRAMENTO AIR BASIN : A stationary source

which emits or has the potential to emit: 25 tons per year (tpy) or more of nitrogen oxides

or reactive organic compounds, or 100 tpy or more of sulfur oxides, or PM2.5

. In addition, any physical change occurring at a stationary source not otherwise qualifying as a major s tationary source, which would constitute a major stationary source by itself,

makes the sou rce a major stationary source.

231 MAJOR STATIONARY SOURCE

– MOUNTAIN COUNTIES AIR BASIN: A stationary source which emits or has the potential to emit 25 tons per year (tpy) or more of nitrogen oxides or reactive organic compounds. In addition, any physical change occurring at a stationary source not otherwise qualifying as a major stationar y source, which would constitute a major stationary source by itself, makes the sou rce a major stationary

source.

232 MAJOR MODIFICATION: A m odification to a major stationary source in the Sacramento

or Mountain Counties Air Basins which results in a signifi cant emissions increase of the pollutant for which the source is classified as a major stationary source. For nitrogen oxides and reactive organic compounds, the increase shall be aggregated with all other

increases and decreases in potential to emit over the period of the four consecutive years before the application for modification, plus the calendar year of the most recent application.

233 MODIFICATION: Any physical change, change in method of operation (including change in fuel characteristics), addition to, or any change in hours of operation, or chang e in production rate of, which:October 13, 2011 Placer County APCD 502

- 9 Rules and Regulations 233.1 For an emissions unit: would necessitate a change in permit conditio ns, permit equipment description, or emissions limitation.

233.2 For a stationary source: is a modification of any emissions unit, or addition of any

new emissions unit.

233.3 Unless previously limited by a permit condition and that permit condition must be changed, the following shall not be considered a modification:

233.3.1 A change in ownership.

233.3.2 Routine maintenance and repair

, or an identical replacement.

233.3.3 The addition of a continuous emission monitoring system.

233.3.4 The replacement of air pollution control equipment with new control equipment if the actual emissions of the new equipment are less than or equal to those from the original piece of equipment and the replacement

is not a major modification under the United States Environmental Protection Agency (EPA) regulation s promulgated pursuant to Title I of the Federal Clean Air Act, including 40 CFR Part 51.

233.3.5 Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.

233.3.6 Use of an alternative fuel by reason of an order or rule under Section 125

of the Act.

233.4 A reconstructed stationary source or emissions unit shall be treated as a new stationary source or emissions unit, not as a modification.

234 MOUNTAIN COUNTIES AIR BASIN: Established pursuant to Section 39606 of the Health & Safety Code of the State of California and as described in Title 17, California Code of Reg ulations, Section 60111 (I), the Mountain Counties Air Basin includes all of Placer County except that portion included in the Lake Tahoe Air Basin, defined by 17 CCR 60113(b), and that portion included in the Sacramento Valley Air Basin, defined by

17 CCR 60106(k).

235 NECESSARY PRECONSTRUCTION APPROVALS OR PERMITS: Federal air quality control laws and regulations and those air quality control laws and regulations which are part of the SIP.

236 NONATTAINMENT POLLUTANT: Any pollutant as well as any precursors o f such pollutants which have been designated "nonattainment" by the U.S. Environmental Protection Agency as codified in 40 CFR 81.305, or which has been designated nonattainment by the California Air Resources Board pursuant to Section 39607 of the

Health and Safety Code for specific air basins in Placer County.

237 NSR REGULATED POLLUTANT : A pollutant for which an Ambient Air Quality Standard has been established by the EPA or by the California Air Resources Board (ARB), and the precursors to such pollutants , including, but not limited to, reactive organic compounds (ROC), nitrogen oxides (NOx), sulfur oxides (SOx), PM10, PM2.5, carbon monoxide (CO) and lead.October 13, 2011 Placer County APCD 502

- 10 Rules and Regulations 238 PM2.5: Particulate matter with an aerodynamic diameter smaller than or equal to a

nominal 2.5 microns.

239 PM10: Particulate matter with an aerodynamic diameter smaller than or equal to a

nominal 10 microns.

240 PORTABLE EQUIPMENT: Equipment that is periodically re located and is not operated more than a total of 180 days at any one location in the District within any continuous twelve (12) month period.

241 POTENTIAL TO EMIT (PTE) : The maximum physical and operational design capacity to emit an air pollutant. Any limi tation on the physical or operational design capacity, including emission control devices and restrictions on hours of operation, or on the type, or amount of material combusted, stored, or processed, may be considered as part of the design only if the lim itation, or the effect it would have on emissions, is incorporated into the Authority to Construct as a federally enforceable permit condition

. Fugitive emissions associated with the emissions unit or stationary source shall be included in the potential

to emit of the emissions unit or stationary source.

242 PRECURSOR: A pollutant that, when emitted into the atmosphere, may undergo either a chemical or physical change which then produces another pollutant for which an Ambient Air Quality Standard has been ado pted, or whose presence in the atmosphere will

contribute to the violation of one or more Ambient Air Quality Standards. The following

precursor

- secondary air contaminant relationships shall be used for the purposes of this

rule:

Precursor Secondary Air Contaminant Reactive Organic Compound a. Photochemical oxidants (Ozone) b. Organic fraction of PM10 Nitrogen Oxides a. Nitrogen dioxide

b. Nitrate fraction of PM10

c. Nitrate fraction of PM2.5

d . Photochemical oxidants (Ozone)

Sulfur Oxides a. Sulfur dioxide

b. Sulfates

c. S ulfate fraction of PM10

d. Sulfate fraction of PM2.5

243 PREVENTION OF SIGNIFICANT DETERIORATION (PSD): A f ederal permitting program for new and modified major stationary sources of air pollution for pollutants that

do not exceed National Ambient Air Quality Standards.

244 PRIORITY RESERVE BANK: A depository for preserving emission reduction credits pursuant to Rule 505, PRIORITY RESERVE.

245 PROPOSED EMISSIONS: Emissions based on the potential to emit for the new or modified emissions unit which will be incorporated into the permit as federally enforceable permit conditions.

246 QUARTERLY: Calendar quarters beginning January 1, April 1, July 1, and October 1.

247 QU ARTERLY EMISSION LIMITATION: One or a combination of permit conditions specific to an emissions unit that restricts its maximum emissions, in pounds per quarter,

at or below the emissions associated wi th the maximum design capacity. A quarterly

emissions limitation must be:October 13, 2011 Placer County APCD 502

- 11 Rules and Regulations 247.1 Contained in the latest Authority to C onstruct or enforceable by the latest Permit

to O perate for the emission s unit, and

247.2 E nforceable on a quarterly basis.

248 REACTIVE ORGANIC COMPOUND: For the purposes of this rule, reactive organic

c ompound (ROC) has the same definition as volatile organic compound (VOC) in Rule
102, D EFINITIONS

.

249 RECONSTRUCTED SOURCE: Any stationary source or emissions unit undergoing physical modification where the fixed capital cost of the new components exceeds 5 0 percent of the fixed capital cost of a comparable entirely new stati onary source or
emissions unit. Fixed capital cost means that capital needed to provide a ll the depreciable components. A reconstructed source shall be treated as a new stationary

source or emissions unit.

250 REDUCED SULFUR COMPOUNDS: The sulfur compounds hydrogen sulfide, carbon disulfide and carbonyl sulfide.

251 REPLACEMENT EMISSION UNIT : An emissions unit for which all the criteria listed

below are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced unless:

251.1 The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing

emissions unit, or

251.2 The emissions unit is an identical emission unit or a functionally equivalent
emission unit, or

251.3 The replacement does not alter the basic design parameters of the process unit,

and

251.4 The replaced emissions unit is permanently removed from the stat ionary source, otherwise permanently disabled, or permanently barred from operation by a permit that is federally enforceable

. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

252 SACRAMENTO VALLEY AIR B ASIN: Established pursuant to Sec tion 39606 of the Health & Safety Code of the State of California and as described in Title 17, California Code of Regulations, Section 60106(k), the basin includes that portion of Placer County which lies west of Range 9 east, Mount Diablo Base and Meridian (M.D.B. & M.).

253 SIGNIFICANT: In reference to an emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

253.1 Carbon monoxide: 100 tpy;

253.2 Nitrogen oxides: 25 tpy;

253.3 Sulfur dioxide: 40 tpy;

253.4 Ozone: 25 tpy of VOCs or 25 tpy of nitrogen oxides;

253.5 PM10: 15 tpyOctober 13, 2011 Placer County APCD 502

- 12 Rules and Regulations 253.6 PM2.5: 10 tpy of direct PM2.5 emissions or 40 tpy of sulfur dioxide emissions or 40 tpy of nitrogen oxide emiss ions

253.7 Lead: 0.6 tpy.

254 SIGNIFICANT EMISSIONS INCREASE: For a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.

255 STATIONARY SOURCE (SOURCE OR FACILITY): Any building, structure, facility, or

emissions unit that emits or may emit any NSR regulated pollutant directly or as fugitive

emissions.

255.1 Building, structure, facility, or emissions unit includes all pollutant emitting

activities which:

255.1.1 belong to the same industrial grouping, and;

255.1.2 are located on one property or on two or more contiguous properties,
and;

255.1.3 are under the same or common ownership, operation, or control or which are owned or operated by entities which are under common control.

255.2 Pollutant emitting activities shall be considered as part of the same indust rial grouping if:

255.2.1 they belong to the same two digit standard industrial classification code under the system described in the 1987 Standard Industrial Classification

Manual , or;

255.2.2 they are part of a common production process. (Common production process inc ludes industrial processes, manufacturing processes and any connected processes involving a common material.)

255.3 The emissions of cargo carriers associated with the stationary source shall be considered emissions from the stationary source to the extent that emission

reductions from these cargo carriers are proposed as offsets.

256 STATIONARY SOURCE PTE: The sum of the PTE for each emission unit which has

been issued a Permit of Operate

, Authority to Construct or for which an a pplication has

been submitted. Any fugitive emissions from such emission units shall be in cluded in this

calculation.

257 SURPLUS: The amount of emission reductions that are, at the time of generation of an Emissions Reduction Credit ( ERC ) , not otherwise required by federal, state, or local law, not required by any legal settlement or consent decree, and not relied upon to meet any requirement related to the California St ate Implementation Plan (SIP). However, emission reductions required by a state statute that provides that the subject emis sion reductions shall be considered surplus may be considered surplus for purposes of this Rule if those reductions meet all other applicable requirements.

Examples of federal, state, and local laws, and of SIP

- related requirements, include, but

are not l imited to, the following:

257.1 T he federally

- approved California SIP;October 13, 2011 Placer County APCD 502

- 13 Rules and Regulations 257.2 Other adopted s tate air quality laws and regulations not in the SIP, including but not limited to, any requirement, regulation, or measure that: (1) the District or the

s tate has included o n a legally

- required and publicly

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

257.3 A ny other source

- or source

- category specific regulatory or permitting requirement, including, but not limited to, Reasonable Available Control Technology (RACT), New Source Performance Standards (NSPS), National

Emission Standards for Hazardous Ai r Pollutants (NESHAP), Best Available Control Measures (BACM), Best Available Control Technology (BACT), and the Lowest Achievable Emission Rate (LAER); and

257.4 A ny regulation or supporting documentation that is required by the federal Clean

Air Act but is no t contained or referenced in 40 C.F.R. Part 52, including but not limited to: assumptions used in attainment and maintenance demonstrations (including Reasonable Further Progress demonstrations and milestone demonstrations), including any proposed control measure identified as potentially contributing to an enforceable near

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

emissions inventories.

258 TEMPORARY SOURCE: Temporary emission sources such as pilot plants, and portable

facilities which will be terminated or located outside the District after less than a cumulative total of 90 days of operati on in any 12 continuous months.

259 TOTAL REDUCED SULFUR COMPOUNDS: Th e sulfur compounds hydrogen sulfide, methyl mercaptan, dimethyl sulfide and dimethyl disulfide.

300 STANDARDS

301 EMISSION AND OFFSET CALCULATIONS: The following provisions shall be used to

calculate emission increases and decreases from all new and modified em issions units located at a stationary source.

301.1 BACT

– Emissions Increase: The emissions increase for each emissions unit related to the project for the purposes of determining BACT applicability shall be calculated as the proposed emissions minus the Baseline Actual Emissions.

Calculations shall be performed separately for ea ch e missions unit for each calendar quarter.

301.2 Offsets

- E missions I ncrease or D ecrease : The emissions increase or decrease for each emissions unit related to the project for the purposes of determining Offset applicability shall be calculated as the propo sed emissions, minus the

Historic Actual Emissions. Emission increases or decreases shall be calculated for each emission unit and the project as a whole.

301.3 P roject E missions : If a project consists of more than one emission unit, the total emissions from all emissions units shall be summed for each pollutant to

determine the emiss ions increase for the project. The project includes the entire scope of the preconstruction applic ation for a new or modified stationary source.

301.4 C alculation P eriods : The emissions increase or decrease for a project shall be calculated on a daily, quarterly and annual basis for each pollutant.October 13, 2011 Placer County APCD 502

- 14 Rules and Regulations 301.5 P otential T o E mit

- S tationary S ources : The potential to emit of a new or modified stationary source shall be calculated as the sum of the potential to emit, including fugitive emissions, for all emissions units, based on emission limitations established by current Permits to Operate, Authorit ies to Construct where permits to operate have not been issued, and the pending application.

301.6 Q uantity of O ffsets R equired For New Major Sources or Major Modifications : If offsets are required pursuant to Section 303.2 , the quantity of offset s to be provi ded shall be determined by calculating the emission increase for the project and applying the appropriate offset ratio based on pollutant and location as specified in Section 303.3

. The calculations shall be performed separately for each pollutant and each emissions unit for each calendar quarter.

301.7 Q uantity of G eneral (S tate ) O ffsets R equired : If offsets are required pursuant to

Section 303.1 , the quantity of offset s to be provided shall be determined as

follows:

301.7.1 If offsets have already been provided by a stationary source for a particular pollutant, then multiply the emission increase calculated for the project by the appropriate offset ratio based on pollutant and location as specified in Section 303.3 , or

301.7.2 If no offsets have been provided previously by a stationary source for a particular pollutant, then subtract the offset threshold specified in Section

303.1 for that pollutant from the stationary source PTE and multiply the value by the appropriate offset ratio based on pollutant and location as specified in Section 303.3

.

301.8 Q uantity of O ffsets R equired F or A M odification T hat M akes A n E xisting S ource
A M ajor S tationary S ource : When the proposed modification will make an existing minor source a new major source, offsets required shall be calculated as the sum of proposed PTE for all emissions units installed after September 21,

1993 based on current permits to operate and Authori ty to C onstructs where permits to operate have not been issued, plus the pending application, minus offsets sup plied since September 21, 1993. Calculations shall be performed separately for each pollutant and each emissions unit for each calendar quarter. The offset ratios of Section 303.3 shall be applied to determine the ERCs required.

302 REQUIREMENT TO APPLY BEST AVAILABLE CONTROL TECHNOLOGY: An applicant shall apply Best Available Control Technology (BACT) to a new emissions unit

or modification of an e xisting emissions unit, except cargo carriers, if the change would result in an increase in quarterly emissions of a NSR regulated pollutant from the new or

modified emissions unit and if the PTE of the new or modified emissions unit equals or

excee ds the levels specified below.

P ollutant lb/day Reactive organic compounds 10 Nitrogen oxides 10

Sulfur oxides 80

PM10 80

PM2.5 80

Carbon monoxide 550

Lead 3.3 Vinyl chloride 5.5

Sulfuric acid mist 38 Hydrogen sulfide 55October 13, 2011 Placer County APCD 502

- 15 Rules and Regulations Total reduced sulfur compounds 55

Reduced sulfur compounds 55

303 OFFSET REQUIREMENTS

303.1 G eneral R equirement to P rovide O ffsets : An applicant whose facility is located in the Sacramento Valley Air Basin or the Mountain Counties Air Basin shall provide

offsets for a NSR regulated pollutant if the potential to emit of a new or modified

source exceeds either of the threshold quan ti ti es listed below:

Pollutant Pounds per quarter Tons per year Reactive organic compounds 5,000 10 Nitrogen oxides 5,000 10

Sulfur oxides 13

, 750 27.5

PM10 7,500 15

PM 2.5 7,500 15

Carbon monoxide 49, 500 99

303.2 Major Source or Major Modification R equirement to P rovide O ffsets : An applicant whose facility is located in the Sacramento Valley Air Basin or the Mountain Counties Air Basin, and whose project emissions will result in a new major source or major modification, shall provide offsets for each NSR regulated pollutant that constitutes a major source or major modification.

303.3 L ocation of O ffsets and O ffset R atios : The applicable offset ratio shall be determined based on the location of the new or modified stationary source required to provide offsets and the distance to the location of the emission offsets, as indicated in the following table.

Offset Ratio Offset Ratio

Location of Offset NOx and

ROC Other

Pollutants

Same Source 1.0 to 1.0 1.0 to 1.0

Within 15

- Mile radius and

within the same air basin 1.3 to 1.0 1.2 to 1.0

Greater than 15

- Miles but

within 50

- Mile radius within

the same air basin 1.5 to 1.0 1.5 to 1.0

Greater than 50

- Mile radius

and within the same air basin Greater than

1.5 to 1.0 Greater than

1.5 to 1.0

303.3.1 The APCO may impose, based on the air quality analysis, a higher offset ratio such that the new or modified stationary source will not prevent or interfere with the attainment or maintenance of any ambient air quality standard.

303.3.2 Applicants providing offsets obtained pursuant to Rule 505, PRIORITY RESERVE, shall be subject to an offset ratio of 1.2 to 1.0 for all pollutants, except NOx and VOC, at all distances. The offset ratio for NOx and VOC offsets obtained pursuant to Rule 505 , PRIORITY RESERVE, shall be subject to an offset ratio of 1.3 to 1.0 at all

distances.

303.4 G eneral O ffset P rovisions

303.4.1 All offsets shall be real, surplus, federally enforceable, quantifiable and
permanent.October 13, 2011 Placer County APCD 502

- 16 Rules and Regulations 303.4.2 All offsets provided for major sources and major mod ifications shall be surplus at the time ERCs are surrendered to the District.

303.4.3 All offsets shall be surrendered to the District prior to the initial startup of the new or modified source, and the offsets shall be maintained throughout the operation of the new or modified source which is the beneficiary of the offsets.

303.4.4 Offsets can only come from air basins with the same or worse air quality designations than that of the stationary source requiring the

offsets.

303.4.5 In no case shall halogenated hydrocarbons, exempt compounds or any other compound excluded from the definition of reactive organic compounds, be used as offsets for reactive organic compounds.

303.4.6 For sources which have provided full offsets of total suspended particulate (TSP), the PM10 emissions fro m an existing stationary

source shall be recalculated from the TSP emission increases and decreases which have occurred since December 31, 1976, using PM10 emission factors. When PM10 emission factors do not exist, it

shall be assumed that 50% of the TSP i s PM10.

303.5 T iming of Q uarterly E mission O ffsets: Sufficient offsets shall be provided, from the same calendar quarter as the proposed emission increase, with the following exceptions:

303.5.1 Emission reductions of reactive organic compounds or nitrogen oxides

dur ing the quarters starting April 1 or July 1 may be used to offset

emission increases of the same pollutants during any calendar quarter.

303.5.2 Emission reductions of carbon monoxide during the quarters starting January 1 or October 1 may be used to offset emission increases of carbon monoxide during any calendar quarter.

303.5.3 Emission reductions of PM10 or PM2.5 during the quarters starting January 1 or October 1 may be used to offset emission increases of

PM10 or PM2.5 during any calendar quarter.

303.5.4 Emission reductions of sulfur oxides during any quarter may be used to

offset emission increases of sulfur oxides during any calendar quarter.

303.6 I nterpollu tant O ffsets

303.6.1 The APCO may approve interpollutant offsets for precursor pollutants on a case by case basis, provided that the applicant demonstrates

, through the use of an air quality model

, that the emission increases

from the new or modified source will not cause or contribute to a violation of an ambient air quality standard

.

303.6.2 Interpollutant offsets between PM10 and PM10 precursors are allowed only if PM10 precursors contribute significant ly to the PM10 levels that

exceed the PM10 ambient standards.

303.6.3 PM10 emissions shall not be allowed to offset nitrogen oxides or reactive organic compound emissions in ozone nonattainment areas,October 13, 2011 Placer County APCD 502

- 17 Rules and Regulations nor be allowed to offset sulfur oxide emissions in sulfate non attainment

areas.

303.6.4 The interpollutant offset ratios for PM2.5 shall be: NOx to PM2.5

- 100:1 and SOx to PM2.5

– 40:1.

303.6.5 EPA and ARB must concur with all proposed interpollutant offsets ratios prior to use.

303.7 I ntra

- D istrict O ffsets

303.7.1 ERCs generated in another district may be used to offset emission increases in Placer County.

303.7.2 If the ERC generating source and the source with the proposed emissions increase are not in the same air basin, both of the following requirements must be met:

a. The ERC generating source must be located in an upwind district that is classified, pursuant to Health and Safety Code Section 40910 et seq., as being in the same or a worse nonattainment status than the downwind district where the stationary source

with the proposed emissi on increases will be located.

b. The stationary source at which the emission increases are to be

offset must be located in a downwind district that is overwhelmingly impacted, as determined pursuant to Health and Safety Code Section 39610, by emissions trans ported from the upwind district where the ERC generating so urce is located.

303.7.3 Any offset credited to a stationary source in one district using offsets

obtained from reductions at a stationary source in another district shall be approved by a resolution adop ted by the governing board s of both the upwind and downwind district s , after taking into consideration the impact of the offset on air quality, public hea lth, and the regional

economy. The District’s governing board may delegate to the APCO

the Board’s aut hority to approve the offsets credited.

303.7.4 For ERCs generated in another district, the District may adjust the value of such credits to reflect any District requirements that would have applied if the credits had been generated within the District.

303.8 E mission R eductions , S hutdowns

, and C urtailments : Actual emission reductions from an internal shutdown or curtailment of a permitted emission unit may be credited for the purposes of providing internal offsets provided:

303.8.1 The crediting of emission reductions from source shutdowns and curtailments comply with the current U.S. Environmental Protection Agency emissions trading policy and applicable federal regulations;

and

303.8.2 Emissions reductions are ensured by federally enforceable emission

limitations contained in the Permit to Operate, or the permanent surrender or cancellation of the Permit to Operate; and

303.8.3 If the shutdown emission unit is being replaced with a new or modified emission unit, the APCO may allow a maximum of 90 days as aOctober 13, 2011 Placer County APCD 502

- 18 Rules and Regulations shakedown period for simultaneo us operation of the existing and the

new or modified emission unit.

303.9 E xemptions F rom O ffset R equirements

303.9.1 Offsets shall not be required for temporary sources or portable equipment, if the emissions from such units do not constitute a major source or major modification to a major source.

303.9.2 Offsets shall not be required for an e mergency e ngine which is used exclusively for testing, maintenance and e mergency u se , if the emissions from the emergency engine, excluding emergency use, do

not exceed the offset limit by itself

.

303.9.3 Offsets shall not be required for increases in carbon monoxide

emissions if the applicant, using an Air Quality Model approved by the

APCO , demonstrates that the increase in ambient concentration does not exceed 500 micrograms per cubic meter, 8 hour average, at or beyond the property line of the stationary source.

303.9.4 The requirement to provide offsets shall not apply to the following:

a. Relocation of emissions units solely within only one air basin
within the District, and the relocation do es not result in any increase in potential to emit.

b. Replacement emissions units, provided the replacement does not constitute a major source or major modification.

c. Modifications necessary to comply with any regulations contained in Regulation 2

– PROHIBI TIONS, or in the SIP, unless the modification will result in a major modification. This provision does not apply to changes in production rate, hours of operation, or any other change or modification not required for compliance with Regulation 2 or the SIP

.

d. If requested by the APCO, the applicant shall demonstrate through the use of an air quality model that the emission

increases from the new or modified source will not cause or contribute to a violation of an ambient air quality standard.

304 MAJOR SOURCE A DMINISTRATIVE REQUIREMENTS: The following administrative requirements shall apply to any new major source or major modif ication regulated by the

rule. Power plants over 50 megawatts shall be subject to the additional requirements of

Section 500.

304.1 A lternative S itin g: The applicant shall prepare an analysis functionally equivalent to the requirements of Division 13 of the Public Resources Code (California Environmental Quality Act

- CEQA). The District will not issue an Authority to

Construct unless th e APCO has concluded, based on the information included in the Alternative Siting Analysis that the benefits of the proposed source significantly outweigh the environmental and social cost imposed as a result of its location, construction, or modification.

304.2 C ertification of C ompliance : The owner or operator of the proposed new or modified source has certified that all existing major stationary sources owned or operated by such person (or by any entity controlling, controlled by, or underOctober 13, 2011 Placer County APCD 502

- 19 Rules and Regulations common control with such person) in California which are subject to emission limitations are in compliance, or on an expeditious schedule for compliance, with all applicable emission limitations and standards.

304.3 Potential Visibility Impacts: The APCO shall consult with t he Federal Land Manager on a proposed major stationary source or major modification that may impact visibility in any Class 1 Area, in accordance with 40 CFR 51.307 if the net emissions increase from the new or modified source exceeds 10 tons/year of

PM2.5 , 15 tons/year of PM10, or 40 tons/year of NOx; and the location of the source, relative to the closest boundary of a specified federal Class I area is

within 20 miles.

305 GENERAL PROVISIONS

305.1 Air Quality Models : All estimates of ambient concentrations requi red pursuant to this rule shall be based on applicable air quality models, databases, and other requirements specified in 40 CFR Part 51, Appendix W (“Guid eline on Air Quality Models”). Where an air quality model specified in 40 CFR Part 51, Appendix W (“G uideline on Air Quality Models”) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a model may

be made on a case

- by

- case basis or, where appropriate, on a generic basis. Written approval from t he United States Environmental Protection Agency ( EPA ) must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public

comment.

305.2 Ambient Air Quality Standards: In no case shall emissions from the new or modified stationary source prevent or interfere with the attainment or maintenance of any applicable ambient air quality standard

. The Air Pollution

Control Officer (APCO) may require the use of an air quality model to estimate

the effects of a new or modified stationary source. The analysis shall estimate the effects of the new or modified stationary source, and verify that the new or modified stationary source will not pre vent or interfere with the attainment or maintenance of any ambient air quality standard. In making this determination

the APCO shall take into account the mitigation of emissions through offsets pursuant to this rule and the impacts of transported polluta nts on downwind pollutant concentrations

. The APCO may impose, based on an air quality analysis, offset ratios greater than the requirements of Section 303.2

.

400 APPLICATION PROCESSING

401 REQUIREMENT TO SUBMIT APPLICATION: Any person building, erecting, altering or replacing any article, machine, equipment or other contrivance, the use of which may cause, eliminate, reduce, or control the issuance of air contaminants, shall first obtain

authorization for such construction from the APCO as specified in this rule. Exemptions from this requirement are listed in Rule 501, GENERAL PERMIT REQUIREMENTS. The application shall be submitted on forms supplied by the District.

402 COMPLETE APPLICATION REQUIREMENT: The APCO shall determin e whether an application is complete no later than 30 days after receipt of the application, or after such longer time period that the applicant and the APCO have agreed to in writing.

If the APCO determines that the application is not complete, the appli cant shall be notified in writing of the decision specif ying the information required. Upon receipt of any

re submittal of the application, a new 30

- day period to deter mine completeness shall begin. Completeness of an application or a re

- submitted applicat ion shall be evaluated on the basis of the information requirements set forth in District regulations as they exist onOctober 13, 2011 Placer County APCD 502

- 20 Rules and Regulations the date on which the application or re

- submitted application was received, or when the

CEQA

- related information which satisfies the requ irements of the District's CEQA Guidelines has been received, whichever is later.

The APCO may, during the processing of the application, request an applicant to clarify, amplify, correct, or otherwise supplement the information submitted in the applicati on.

403 PRELIMINARY DECISION: F ollowing acceptance of an application as complete, the

APCO shall perform the evaluations required to determine compliance with all applicable District rules and regulations and make a preliminary wri tten decision as to whether an Authority to C onstruct should be approved, cond itionally approved, or denied.

The decision shall be based on the Section 300 standards in force on the date the application is deemed complete, except when a new federal requirement not yet incorporated into this Rule applies to the new or modified source.

When the District is the CEQA Lead Agency for a project, the APCO shall not issue a preliminary decision until the draft Environmental Impact Report or Negative Declaration is available for public revi ew. The decision shall be supported by a succinct written analysis. For projects requiring offsets, the APCO shall transmit its preliminary written decision and analysis to the California Air Resources Board and the U.S. Environmental Protection Agency for a 45 day review period

.

404 TIMING FOR FINAL ACTION

404.1 The APCO shall not take final action for any project for which an Environmental Impact Report (EIR) or a Negative Declaration is being prepared until a final EIR for that project has been certified or a Negative Declaration for that project has been approved, and the APCO has considered the information in that fina l EIR or Negative Declaration.

The APCO shall take final action on the application within whichever of the following periods of time is longer :

404.1.1 Within 180 days after the certification of the final EIR o r approval of the Negative Declaration, or

404.1.2 Within 180 days of the date on which the application was determined complete by the APCO

.

404.2 Except as provided in Section 10 3 , the APCO shall provide written notice of the final action to the applicant, any commenters, the U.S. Environmental Protection Agency, and the California Air Resources Board

.

405 AUTHORITY TO CONSTRUCT AND PERMIT TO OPERATE CONTENT: Each Authority to Construct and/or Permit to Operate issued by the APCO shall include the following minimu m terms and conditions:

405.1 A provision stating that the emission unit shall be operated in a manner consistent with the application used to determine compliance with this rule.

405.2 The following emissions limitations shall be included, if applicable:

405.2.1 BACT emission limitations if required by Section 302. Such condition(s) shall be expressed in a manner consistent with testing procedures, such as ppmv NOx, g/liter VOC, or lbs/hr.October 13, 2011 Placer County APCD 502

- 21 Rules and Regulations 405.2.2 A quarterly emissions limitation for each offset pollutant, if offsets are required pursuant to Section 303.

405.2.3 A n emission limitation (daily, monthly, or quarterly) shall be contained in the Authority to Construct and Permit to O perate for all NSR pollutants for which offsets are not being provided pursuant to Section 303, or

whe n required to be consistent with ambient air quality standards.

405.3 D esign , O perational

, or E quipment S tandards : If the APCO determines that technological or economic limitations on the application of measurement methodology to a particular class of sources would make the imposition of a numerical emission standard infeasible, the APCO may instead prescribe a design, opera tional, or equipment standard. In such cases, the District shall

make its best estimate as to the emission rate that will be achieved and s hall specify that rate in required submissions to the U.S. E nvironmental Protection Agency. Any Authority to Construct or permit issued without an enforceable

numerical emission standard must contain enforceable conditions which assure that the design char acteristics or equipment will be properly maintained, or that the operational conditions will be properly performed, so as to continuously achieve the assumed degree of control.

406 PUBLICATION AND PUBLIC COMMENT: If a proposed project is required to provide offsets pursuant to Section 303, within ten calendar days following a preliminary decision

, the APCO shall publish in at least one newspaper of general circulation in the District a notice stating the preliminary decision of the APCO , noting how the pertinent information can be obtained, and inviting written public comment for a 30

- day period foll owing the date of publication.

407 PUBLIC INSPECTION: Except as provided in Section 103 , the APCO shall make available for public inspection at the District's office the information submitted by the applicant and the APCO’s analysis no later than the date the notice of the pre liminary decision is published. Information submitted which contains trade secrets shall be

handled in accordance with Section 6254.7 of t he California Government Code and

relevant sections of the C alifornia Administrative Code. Further, all such information shall be transmitted no later than the date of publication to the California Air Resources Board

and the U.S. Environmental Protection Agency regional office, and to any party wh ich requests such information.

408 DENIAL, FAILURE TO MEET STANDARDS: The APCO shall deny any Authority to

Construct or Permit to O perate if the APCO finds that the subject of the application would not comply with t he standards set forth in District, state, or federal rules or regulations.

409 DENIAL, FAILURE TO MEET CEQA: The APCO shall deny any Authority to Construct or Permit to Operate if the APCO finds that the subject of the application would not comply with the standards set forth in CEQA.

410 ISSUANCE, PERMIT TO OPERATE: The APCO shall issue a Permit to Operate a n emissions unit subject to the requirements of this rule after determining that all conditions specified in the Authority to Construct have been complied with or will be complied with by the dates specified on the Authority to Construct. Such applicable c onditions shall be contained in the Permit to Operate. Where a new or modified stationary source is, in whole or in part, a replacement for an existing stationary source on the same property, the APCO may allow a maximum of 90 days as a shakedown period fo r simultaneous operation of the existing stationary source and the new source or replacement.

500 ADDITIONAL PROVISIONS FOR POWER PLANTS: This S ection shall apply to power plants with maximum ratings equal to, or in excess of 50 megawatts proposed to be constructed in theOctober 13, 2011 Placer County APCD 502

- 22 Rules and Regulations District and for which a Notice of Intention (NOI) or Application for Certification (AFC) has been accepted by the California Energy Commission.

501 Within 14 days of receipt of a Notice of Intention, the APCO shall notify th e California Air Resources Board and the California Energy Commission of the District's intent to participate in the Notice of Intention proceeding. If the District chooses to participate in the Notice of Intention proceeding, the APCO shall prepare and su bmit a report to the California Air Resources Board and the California Energy Commission prior to the

conclusion of the non

- adjudicatory hearing specified in Section 25509.5 of the California Public Resources Code. That report shall include, at a minimum:

501.1 A preliminary specific definition of Best Available Control Technology for the proposed facility;

501.2 A preliminary discussion of whether there is substantial likelihood that the requirements of this rule and all other District regulations can be satisfied b y the proposed facility;

501.3 A preliminary list of conditions which the proposed facility must meet in order to comply with this rule or any other applicable District regulation.

The preliminary determinations contained in the report shall be as specific as possible

within the constraints of the information contained in the Notice of Intention.

502 Upon receipt of an Application for Certification for a power plant, the APCO shall conduct a determination of compliance review. This determination shall consist of a review identical to that which would be performed if an application for an Authority to Construct had been received for the power plant. If the information contained in the Application for Certification does not meet the requirements of this rule, the APC O shall, within 20 calendar days of receipt of the Application for Certification, so inform the California Energy Commission, and the Application for Certification shall be considered incomplete and returned to the applicant for re

- submittal.

503 The APCO sha ll consider the Application for Certification to be equivalent to an application for a permit to construct during the determination of compliance review, and shall apply all provisions of this rule which apply to applications for an Authority to

Construct.

504 The APCO may request from the applicant any information necessary for the completion of the determination of compliance review. If the APCO is unable to obtain the information, the APCO may petition the presiding Commissioner of the California Energy

Com mission for an order directing the applicant to supply such information.

505 Within 180 days of accepting an Application for Certification as complete, the APCO shall make a preliminary decision on:

505.1 Whether the proposed power plant meets the requirements of this rule and all other applicable District regulations, and;

505.2 In the event of compliance, what permit conditions will be required including the specific Best Available Control Technology requirements and a description of required mitigation measures.

The preliminary written decision of this Section shall be treated as a preliminary decision under Section 403 of this Rule, and shall be finalized by the APCO only after being subject to the public notice and comment requirements of Sections 406 and 407. T heOctober 13, 2011 Placer County APCD 502

- 23 Rules and Regulations APCO shall not issue a determination of compliance for the power plant unless all requirements of this rule are met.

506 Within 240 days of the filing date, the APCO shall issue and submit to the California Energy Commission a determination of compliance o r, if such a determination cannot be issued, shall so inform the California Energy Commission. A determination of compliance shall confer the same rights and privileges as an Authority to Construct only when and if the California Energy Commission approves the Application for Certification, and the California Energy Commission certificate includes all requirements of the conditions

contained within the determination of compliance.

507 Any applicant receiving a certificate from the California Energy Commission pursuant to

this S ection and in compliance with all conditions of the certificate shall be issued a

Permit to O perate by the APCO.

600 MONITORING AND RECORDS

601 RECORDKEEPING: The following records shall be maintained for two years. Records shall be provided t o the APCO upon request.

601.1 E mergency E ngines : Records of hours of operation for maintenance purposes and for actual interruptions of electrical power. Such records shall include the date and hours of operation, as well as the reason for operation.

601.2 Portable and Temporary Equipment: Records of operating location(s) and corresponding dates of operation.