MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

REGULATION II

PERMITS

RULE 207. REVIEW OF NEW OR MODIFIED SOURCES

(Adopted 9-1-74; Revised 7-15-76,7-18-79,1-30-80,1-27-82, 12-15-82,6-15-84,12-13-84,

2-17-88,5-18-88,7-27-88,9-19-90,4-21-93,5-17-95, 3-20-96;.12-18-96; and 9-15-1999.)

CONTENTS

PART 1 GENERAL 4

1.1 Purpose 4

1.2 Applicability 4

1.3 Exemptions 4

1.4 Effective Date 6

1.5 References 6

1.6 Permit Denial 6

PART 2 DEFINITIONS 7

2.1 Affected Pollutants 7

2.2 Air Basin 7

2.3 Air Pollution Control Officer (APCO) 8

2.4 Air Quality Impact Table 8

2.5 Air Quality Increment 8

2.6 Air Resources Board (ARB) 9

2.7 Ambient Air Quality Standards 9

2.8 Area A Impact Zone 9

2.9 Authority to Construct 10

2.10 Best Available Control Technology (BACT) 10

2.11 California Coastal Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2.12 Cargo Carriers 11

2.13 Chlorofluorocarbon (CFC) 11

2.14 Class I Area 11

2.15 Complete Application 12

2.16 Contiguous Property 12

2.17 Cost-Effective 12

2.18 Designated Areas, A, B, C, D, E, and F 12

2.19 District 14

2.20 District Board 14

2.21 Emissions Increment 14

2.22 Emission Reduction Credit (ERC) 15

2.23 Enforceable Emission Reduction 15

2.24 Exempt Compounds 15

2.25 Federal Land Manager 15

2.26 Federally Enforceable Condition 15

2.27 Fugitive Emission 15

2.28 Hydroch10rofluorocarbon (HCFC) 15

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2.29 Hydrofluorocarbon (HFC) 16

2.30 Major Modification to an Existing Source 16

2.31 Major Stationary Source 16

2.32 Modification 16

2.33 National Ambient Air Quality Standards (NAAQS) 17

2.34 Net Air Quality Benefit 17

2.35 Net Emissions Increase 17

2.36 New Emissions Increase 18

2.37 New Source 18

2.38 New Source Review (NSR) 18

2.39 Nitrogen Oxides (NOx) 18

2.40 Nonattainment Pollutant 18

2.41 Offset 19

2.42 Permanent Emission Reduction 19

2.43 Permit to Operate 19

2.44 Permit Unit 19

2.45 PMIO •••••••••••••.••••••••••••••••••••••••••••••••••••••••••.•••• 19

2.46 Pollutant 19

2.47 Potential to Emit 20

2.48 Precursor 20

2.49 Prevention of Significant Deterioration (PSD) 20

2.50 Quantifiable Emission Reduction 20

2.51 Real Emission Reduction 21

2.52 Reconstructed Source 21

2.53 Seasonal Source 21

2.54 Source 21

2.55 State Ambient Air Quality Standards 21

2.56 State Implementation Plan (SIP) 21

2.57 Stationary Source 22

2.58 Sulfur Oxides (SOx) 22

2.59 Surplus Emission Reduction 22

2.60 Total Suspended Particulates (TSP) 23

2.61 Upwind Areas 23

2.62 Volatile Organic Compounds (VOCs) 23

PART 3 GENERAL REQUIREMENTS 23

3.1 Pre-Construction and Post-Construction Air Monitoring 23

3.2 Visibility, Soils, and Vegetation Analysis 24

3.3 Ambient Air Quality Standards and Emission Increments 24

3.4 Mandated Reductions 24

3.5 Source Shutdowns and Curtailments 24

3.6 Interpollutant Offsets 24

PART 4 FEDERAL CLEAN AIR ACT REQUIREMENTS 25

4.1 Best Available Control Technology (BACT) Requirements 25

4.2 Offset Requirement, General 26

4.3 Location ofOffsets and Offset Ratios 28

4.4 Offsets, Seasonal Sources 30

4.5 Protection ofClass I Areas 30

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PART 5 CALIFORNIA CLEAN AIR ACT (CCAA) REQUIREMENTS 31

5.1 Parallel Review and Stringency ofRequirements 31

5.2 CCAA Best Available Control Technology (BACT) Requirements 31

5.3 CCAA Offset Requirements 31

5.4 CCAA Stationary Source Calculations 31

PART 6 ADMINISTRATIVE REQUIREMENTS 32

6.1 Alternative Siting 32

6.2 Complete Application 32

6.3 Proposed Sources in Federal Class I Areas 32

6.4 Preliminary Decision 33

6.5 Air Quality Increment Analysis 33

6.6 Review ofAir Quality Increment Consumption 33

6.7 Air Quality Models 34

6.8 Publication and Public Comment 34

6.9 Public Inspection 34

6.10 Authority to Construct, Final Action 34

6.11 Requirements, Permit to Operate 34

6.12 Issuance, Permit to Operate 35

6.13 Regulations in Force will Govern 35

PART 7 CALCULATIONS 36

7.1 Determination ofthe Potential to Emit 36

7.2 Historical Emissions from Existing Sources 36

7.3 General Stationary Source Calculations 36

7.4 Increases in Emissions: Calculation Requirements for BACT and Offsets 37

7.5 Increases in Emissions: Seasonal Source Calculations 37

7.6 Calculation Requirements for Emissions Reductions 38

PART 8 POWER PLANTS 38

8.1 General 38

8.2 Intent to Participate and Preliminary Report 38

8.3 Determination ofCompliance Review 39

8.4 Equivalency ofAPC for an Authority to Construct 39

8.5 Need for Additional Information 39

8.6 Preliminary Determination 39

8.7 Determination ofCompliance 40

8.8 Permit to Operate 40

PART 9 SOURCE IMPACT ANALySIS 40

9.1 Air Quality Impact Analysis 40

9.2 Downwind Concentrations 40

9.3 Example Calculations 41

9.4 Air Quality Impact Table 42

PART 10 FEDERAL ENFORCEABILITY, SIP REVISIONS 42

10.1 Increments for Carbon Monoxide, Nitrogen Dioxide, Hydrogen Sulfide, and Lead ................................................................. 42

10.2 Subsection 2.5.2 ofthis Rule 42

10.3 Subsection 2.18.6 ofthis Rule 43

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10.4 Section 2.21 ofthis Rule 43

10.5 Part 5 ofthis Rule 43

PART 1 GENERAL

1.1 Purpose

This Rule provides for the review ofnew and modified stationary air pollution sources

to meet:

requirements for the review ofnew and modified stationary sources (NSR) and for the

Prevention of Significant Deterioration (PSD), under the provisions ofthe federal Clean

Air Act; and

requirements for NSR under the provisions ofthe California Clean Air Act).

The intent ofthis Rule is to insure that the most stringent requirements ofthese

programs shall be applied. This Rule provides mechanisms by which Authorities to

Construct may be granted to such sources without interfering with the attainment or

maintenance of ambient air quality standards.

1.2 Applicability

This Rule shall apply to all new stationary sources and all modifications to existing

stationary sources which, after construction or modification, emit or have the potential

to emit any affected pollutants, as defined in Section 2.1 herein.

1.3 Exemptions

1.3.1 Exemption: Gasoline Storage and Dispensing. Gasoline storage and dispensing

equipment subject to District Rules 418 (Transfer of Gasoline into Stationary Storage

Containers) and 1002 (Transfer ofGasoline into Vehicle Fuel Tanks) shall be exempt

from the requirements ofthis Rule.

1.3.2 Exemption: Rule Compliance. The requirements of Sections 4.1, 4.2,5.2 and 5.3 of

this Rule shall not apply to modifications made to an existing source solely to

comply with regulatory requirements or prohibitory rules and where there is no

actual or potential emissions increase.

1.3.2.1 The requirements of Sections 4.2 and 5.3 shall not apply for any emission

increase at a source that results from the installation, operation, or other

implementation of any emission control device or technique used to comply

with a District, state, or federal emission control requirement, including, but

not limited to, requirements for the use ofreasonably available control

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technology or best available retrofit control technology, unless there is a

modification that results in an increase in capacity ofthe unit being controlled.

1.3.3 Exemption: Innovative Control Technology. The District may exempt an applicant

from the requirements of Section 4.1, Subsections 4.2.2, 4.2.3, 4.2.11, 4.2.12, 4.3.3,

Sections 4.4, 5.2 and 5.3 ofthis Rule for a specified pollutant if all the criteria in

Subsections 1.3.3.1 through 1.3.3.5 below are met:

1.3.3.1

1.3.3.2

1.3.3.3

1.3.3.4

1.3.3.5

the source is not a federal major source, as defined by Title 40, Code ofFederal

Regulations, Part 51, Section 165 (40 CFR Part 51.165); and

it is determined through the use ofthe air quality impact table in Section 9.4, or

through air quality modeling, as in Section 9.1 herein, that emissions from the

new or modified stationary source will result in a net air quality benefit and

will not cause or contribute to the violation of any ambient air quality standard

or emissions increment established pursuant to this Rule; and '

the source will utilize unique and innovative control technology which will

result in a significantly lower emission rate for the above-specified pollutant

from the installation than would have occurred with the use ofpreviously

known best available control technology (BACT); and

the above-specified technology will likely serve as a model for technology to

be applied to similar installations within the state; and

emission reductions which create the air quality benefit must occur by the time

a new or modified source commences operation, be quantifiable, real, surplus,

permanent, enforceable and meet the requirements of Sections 3.4, 6.11, and

6.12 herein.

1.3.3.6 Ifthe source meets all criteria except Subsection 1.3.3.1 of Subsection 1.3.3

above, the District may only exempt the applicant from the requirements of

Sections 4.1 and 5.2 ofthis Rule for a specified pollutant.

1.3.4 The District shall withdraw any approval to employ a system ofinnovative control

technology approved under this Rule if:

1.3.4.1

1.3.4.2

1.3.4.3

the proposed system fails to achieve the required continuous emission

reduction rate within a time period specified by the District in the Authority to

Construct, or the Permit to Operate, not to exceed two years from the date of

initial startup; or

the proposed system contributes to an unreasonable risk to public health,

welfare, or safety; or

the proposed system becomes a public nuisance.

1.3.5 If a source or modification fails to meet the required level of continuous emissions

reduction or its approval is withdrawn pursuant to this Section, the District may

allow the source up to an additional two years to meet the requirements ofBACT.

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1.3.6 If a source or modification fails to meet the required level of continuous emissions

reduction or its approval is withdrawn pursuant to this Section, the source shall

provide offsets for the residual emissions that were not offset.

1.3.7 Exemption: Expired or Revoked Permit. The owner or operator ofa source whose

District permit has expired or been revoked for nonpayment offees under the

provisions ofRegulation III (Fees), who subsequently applies for reissuance of a

permit for that source, shall be exempt from the provisions ofthis Rule provided no

modifications have been made to the source since that source last held a valid

District permit.

1.4 Effective Date

This Rule as most recently revised is effective on September 15, 1999.

1.5 References

1.5.1 The requirements ofthis Rule arise from the provisions ofthe California Clean Air

Act and amendments (Health and Safety Code Section 40910 et seq.) and the federal

Clean Air Act and amendments (42 U.S.c. Section 7401 et seq.)

1.5.2 Other related or referenced District rules or regulations include: Rule 101

(Definitions); Rule 200 (Permits Required); Rule 201 (Sources Not Requiring

Permits); Rule 215 (Banking ofEmissions Reductions); Rule 218 (Title V: Federal

Operating Permits); Regulation III (Fees); Rule 418 (Transfer of Gasoline into

Stationary Storage Containers); and Rule 1002 (Transfer of Gasoline into Vehicle

Fuel Tanks).

1.6 Permit Denial

The District shall deny an Authority to Construct or a Permit to Operate for any new

stationary source or modification to an existing source unless:

1.6.1 the new source or modification complies with all applicable rules and regulations;

and

1.6.2 the applicant certifies that all other major stationary sources, which are owned or

operated by such person (or by any entity controlling, controlled by, or under

common control with such a person) in California and which are subject to emission

limitations are in compliance, or on a schedule for compliance, with all applicable

emission limitations and standards.

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PART 2 DEFINITIONS

For the purpose ofthis Rule, the definitions below shall apply.

2.1 Affected Pollutants

These species include:

2.1.1 all pollutants for which an ambient air quality standard has been established by the

United States Environmental Protection Agency or the Air Resources Board, as well

as the precursors to such pollutants; and

2.1.2 all pollutants regulated by the United States Environmental Protection Agency under

the federal Clean Air Act or by the Air Resources Board under the Health and Safety

Code; and

2.1.3 all the pollutants which the United States Environmental Protection Agency after the

notice and opportunity for public comment, or, the Air Resources Board, or the

District after public hearing, determine may have significant adverse effect on the

environment, the public health, or the public welfare; and

2.1.4 include, but are not limited to:

2.1.4.1

2.1.4.2

2.1.4.3

2.1.4.4

2.1.4.5

2.1.4.6

2.1.4.7

2.1.4.8

2.1.4.9

2.1.4.10

2.1.4.11

2.1.4.12

2.1.4.13

2.1.4.14

2.1.4.15

2.1.4.16

2.1.4.17

volatile organic compounds (VOCs),

nitrogen oxides (NOJ,

sulfur oxides (SOx),

particulate matter less than 10 micrometers in aerodynamic diameter (PMlO),

total suspended particulates (TSP),

carbon monoxide (CO),

ethylene,

vinyl chloride,

asbestos,

beryllium,

lead,

mercury,

fluorides,

sulfuric acid mist,

hydrogen sulfide (H2S),

total reduced sulfur compounds, and

reduced sulfur compounds.

2.2 Air Basin

The geographic area containing Monterey, San Benito, and Santa Cruz counties.

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2.3 Air Pollution Control Officer (APCO)

The Air Pollution Control Officer for the Monterey Bay Unified Air Pollution Control

District, or his/her authorized representative.

2.4 Air Quality Impact Table

An air quality simulation table used to estimate maximum ground level impacts of a

source of emissions ofTSP, CO, oxides ofsulfur and oxides ofnitrogen, assuming one

hundred percent conversion ofnitrogen oxides into N02and calculating all emissions of

sulfur oxides as S02 (table contained in Section 9.4 herein).

2.5 Air Quality Increment

A maximum allowable increase in concentration of a pollutant, beyond baseline, as

established by the District Board and at least as stringent as provided in the federal

Clean Air Act provisions in Section 163(b)and 40 CFR Part 51.166; or, for pollutants

for which no increment has been established pursuant to the federal Clean Air Act, a

maximum allowable increase in concentration of a pollutant as established by the

District Board.

2.5.1 In establishing air quality increments for sulfur dioxide and TSP, the District Board

shall take into consideration the impact of emissions on neighboring areas. Baseline

air quality shall be the ambient concentration level reflecting actual air quality as

monitored or modeled as ofthe existing baseline date ofJuly 18, 1979, minus any

contribution attributable to emissions from major stationary sources and

modifications constructed since January 6, 1975. In establishing air quality

increments for carbon monoxide, hydrogen sulfide, and lead, baseline air quality

shall be the ambient concentration as ofJanuary 1, 1984. In establishing air quality

increments for nitrogen dioxide, the baseline air quality shall be the ambient

concentration as ofFebruary 8, 1988. Air quality increments for PMIO are in effect

as ofAugust 19, 1983.

2.5.2 In accordance with the criteria contained in Subsection 2.5.1 herein, the District

Board defines the following increments of allowable air quality degradation, beyond

the existing air quality levels, for pollutants for the respective areas indicated as

designated attainment:

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Table 2.5.2 District Board-Defined Air Quality Increments

Allowable Air Quality Degradation Beyond

Existing Air Quality Levels

Pollutant Designated Designated Designated Averaging

Area A and Areas C, D, Areas Band E Period

Area A Impact andF

Zones

(ug/m3

) (ug/m3

) (ug/m3)

Carbon Monoxide (CO) 4,000 8,000 12,000 I-hour

Nitrogen Dioxide (NO,) 2.5 20 25 annual

Hydrogen Sulfide (H,S) 4.2 8.4 12.6 I-hour

Lead .15 .30 .45 30-day

TSP 5 5 19 annual

10 10 37 24-hour

PMIQ 2.8 2.8 10.8 annual

5.7 5.7 21.1 24-hour

Sulfur Dioxide (S02) 2 2 20 annual

5 5 91 24-hour

25 25 512 3-hour

2.6 Air Resources Board (ARB)

State ofCalifornia Air Resources Board.

2.7 Ambient Air Quality Standards

See National Ambient Air Quality Standards and State Ambient Air Quality Standards.

2.8 Area A Impact Zone

All lands outside ofthe designated Area(s) A but within a 15-mile distance beyond the

boundary ofthe designated Area(s) A, or other areas established by the District based on

standard meteorological techniques such as hourly wind roses, frequency distribution of

atmospheric wind classes, morning and afternoon mixing depths and any other

meteorological or geographical considerations needed to establish the Area A Impact

Zone. See Subsection 2.18.1 herein for the definition ofdesignated Area(s) A.

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2.9 Authority to Construct

A written pennit, as provided by Part 3.1 ofRule 200, issued by the District to a

specific applicant:

2.9.1 prior to the building, erection, alteration, or replacement of any article, machine,

equipment or other contrivance which may cause the issuance of air contaminants or

the use ofwhich may eliminate, reduce or control the issuance of air contaminants;

or

2.9.2 alternatively, to create federally enforceable conditions, accepted voluntarily by a

source for purposes oflimiting its potential emissions, applicable to any article,

machine, equipment or other contrivance which may cause the issuance of air

contaminants or the use ofwhich may eliminate, reduce or control the issuance of air

contaminants.

2.9.3 Application Deemed Complete

The District's action of deeming an Authority to Construct application complete, or

the California Energy Commission's action of accepting an Application for

Certification (AFC).

2.9.4 Authority to Construct is Issued

The District's action of granting an Authority to Construct, or the California Energy

Commission's action ofissuing its affinnative decision on an Application for

Certification (AFC).

2.10 Best Available Control Technology (BACT)

For any stationary source the most stringent ofthe following, unless the applicant

demonstrates to the satisfaction ofthe District that such limitations imposed on other

sources are not achievable:

2.10.1 the most effective emission control device or technique which has been required

or used for the type of equipment comprising such a category ofstationary source;

or

2.10.2 the most stringent emissions limitation which has been required or used for the

type of equipment comprising such a category ofstationary source; or

2.10.3 any other emission control device or technique detennined to be technologically

feasible and cost-effective by the District.

2.10.4 BACT shall not be less stringent than the emission control required by any

applicable provision ofDistrict, ARB, State, or federal laws or regulations, unless

the applicant demonstrates to the satisfaction ofthe District that such limitations

are not achievable.

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2.10.5 In no event shall the application ofBACT result in the emissions of any pollutant

which exceed the emissions allowed by any applicable standard in 40 CFR Part 60

(New Source Performance Standards), or in 40 CFR Part 61 (National Emission

Standards for Hazardous Air Pollutants), or in 40 CFR Part 63 (National Emission

Standards for Hazardous Air Pollutants for Source Categories).

2.11 California Coastal Waters

Those waters that are between the California coastline and a line starting at the

California-Oregon border at the Pacific Ocean:

thence to 42.0 N 125.5 W;

thence to 41.0 N 125.5 W;

thence to 40.0 N 125.5 W;

thence to 39.0 N 125.0 W;

thence to 38.0 N 124.5 W;

thence to 37.0 N 123.5 W;

thence to 36.0 N 122.5 W;

thence to 35.0 N 121.5 W;

thence to 34.0 N 120.5 W;

thence to 33.0 N 119.5 W;

thence to 32.5 N 118.5 W;

and, ending at the California-Mexico border at the Pacific Ocean.

2.12 Cargo Carriers

Cargo carriers include trains and marine vessels dedicated to a specific stationary

source.

2.13 Chlorofluorocarbon (CFC)

The family of chemical compounds containing carbon, fluorine and chlorine; containing

at least one carbon atom and having no hydrogen atoms and no double bonds; and

which includes, without limitation, trichlorofluoromethane (CFC-11),

dichlorodifluoromethane (CFC-12), 1,1,2-trichloro-l ,2,2-trifluoroethane (CFC-113),

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114), and chloropentafluoroethane

(CFC-115).

2.14 Class I Area

Any area having air quality or air quality related values requiring special protection,

which has been designated Class I by a federal or state authority empowered to make

such a decision.

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2.15 Complete Application

Completeness of an application for an Authority to Construct a new or modified

stationary source shall be evaluated on the basis ofthe list ofrequired information

which was adopted by the District pursuant to Article 3, Sections 65940 through 65944

ofChapter 4.5 ofDivision 1 ofTitle 7 ofthe Government Code as it exists on the date

on which the application is received.

2.16 Contiguous Property

Two or more parcels ofland with a common boundary or separated solely by a public

roadway or other public right-of-way.

2.17 Cost-Effective

A cost per unit of emissions reduction which is lower than or equivalent to the

maximum unit costs ofthe same emission reduction through the use ofBACT

calculated in current year dollars.

2.18 Designated Areas, A, B, C, D, E, and F

For the purposes ofimplementing the provisions ofthis Rule the following locations,

which are shown in Figure 1, are recognized as designated areas A, B, C, D, E, and F,

respectively:

2.18.1 Area(s) A includes locations determined as Class I areas mandated by the federal

Clean Air Act and amendments (42 U.S.c. Section 7401 et seq.)

The Class I areas located within the boundaries ofthe District designated Areas A

include the Pinnacles National Monument and the Ventana National Wilderness.

2.18.2 Area(s) B includes the entirety of San Benito County except those areas

designated as Area A or Area A Impact Zones;

2.18.3 Area(s) C includes the City ofCarmel-by-the-Sea and the Carmel Valley south to

the San Luis Obispo County line, including the Big Sur Coast, and the area

described by the boundary commencing with the northern city limits ofCarmel at

the Pacific Ocean, and is coterminous with the northern Carmel city limits to

Serra Avenue; then follows Serra Avenue to Highway 1, north to Aguajito Road,

to Lorna Alta Road up to Jacks Peak Park; is bordered on the north by the

southern boundary ofthe Jacks Peaks Park; then proceeds easterly to the west

crest ofthe Sierra De Salinas Mountain Range; then continues in a southeasterly

direction to the Palo Escrito Mountain Peak; through the Middle ofBear Canyon,

following Cachagua Conejo Creek; up Pine Creek to the junction ofthe Los

Padres National Forest boundary; is bordered on the east by the eastern border of

the Los Padres National Forest from the Pine Creek junction in a southerly

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Figure 1. Map ofDistrict Designated Areas

Area A: Pinnacles National Monument, Ventana WJ.1demess Area

II

LJ

o

[I1J

Area B: San Benito County other than Area A and Area A Impact Zones

Area C: Carmel-By-The-Sea, Carmel Valley, and the Big Sur Coast other than Area A

Area D: Santa Cruz County

Area E: MontereyCounty other than Areas A, C, &: F, and Area A ImpactZones

Area F: San Antonio Valley

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direction to the San Luis Obispo County line, including all lands within the area

defined above except those areas designated as Area A or Area A Impact Zones;

2.18.4

2.18.5

2.18.6

2.18.7

Area(s) D includes the entirety of Santa Cruz County;

Area(s) E includes the entirety ofMonterey County except areas designated A, C,

F or Area A Impact Zones; and,

Area(s) F includes the area described by the boundary starting at the northern

intersection ofthe boundary ofthe federal reservation ofFt. Hunter Liggett and

Highway G-14 (Jolon Highway); proceeding north along G-14 3.5 miles to the

mouth ofCrazy Canyon; up Crazy Canyon southeast to the crest ofthe Sierra De

Salinas Mountains; then in a general southeasterly direction crossing Highway

G-18 at benchmark 352.9; proceeding still southeasterly along the crest ofthe

ridge line to Sulphur Canyon Road, approximately I mile downstream from the

San Antonio Dam; west along the road to the boundary between Monterey and

San Luis Obispo Counties, following the county line west to the western

intersection ofHighway G-14 and the county boundary; northwest along Highway

G-14 to the southern intersection ofHighway G-14 and the reservation boundary

ofFt. Hunter Liggett; then following the eastern boundary ofFort Hunter Liggett

to the northern intersection ofthe reservation boundary and Highway G-14.

Other areas within the District having air quality or air quality related values

requiring special protection may be redesignated to a more protective designation

by the District Board after holding a public hearing, noticed 30 days in advance,

to consider public input concerning such designation.

2.19 District

Refers to the Monterey Bay Unified Air Pollution Control District (MBUAPCD) and its

authorized representatives.

2.20 District Board

Refers to the Monterey Bay Unified Air Pollution Control District Board.

2.21 Emissions Increment

The increase in emissions of any pollutant which can be allowed in an area without

causing the exceedance of any air quality increment.

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2.22 Emission Reduction Credit (ERC)

An actual emission reduction ofspecific type and quantity that is registered with the

District in accordance with Rule 215. Must be surplus, quantifiable, permanent, real

and enforceable.

2.23 Enforceable Emission Reduction

As defined by District Rule 215, an emission reduction which can be verified for

accuracy by the District. In general, specified by restrictions imposed by conditions of

an Authority to Construct andlor Permit to Operate.

2.24 Exempt Compounds

As defined in District Rule 101, Definitions.

2.25 Federal Land Manager

The Secretary ofthe Department with authority over the specified federal lands.

2.26 Federally Enforceable Condition

A condition that is enforceable by EPA and citizens under the Clean Air Act. Such

conditions shall include emission limitations, controls, and other requirements that are

permanent, quantifiable, and otherwise enforceable as a practical matter. Federally

enforceable conditions established pursuant to Section 2.32.5 must meet the procedural

requirements for public and EPA review in Sections 6.8, 6.9, and 6.10 ofthis Rule.

Conditions in a District Permit to Operate that meet the requirements in this Rule for

federally enforceable conditions shall be specifically designated as federally enforceable

in the permit.

2.27 Fugitive Emission

Any emission that could not reasonably pass through a stack, chimney, vent or other

functionally equivalent opening.

2.28 Hydrochlorofluorocarbon (HCFC)

Any member ofthe family of chemical compounds containing hydrogen, carbon,

fluorine and chlorine, and which includes, without limitation, chlorodifluoromethane

(HCFC-22).

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2.29 Hydrofluorocarbon (HFC)

Any member ofthe family of chemical compounds containing hydrogen, carbon, and

fluorine, and which includes, without limitation, trifluoromethane (HFC-23).

2.30 Major Modification to an Existing Source

A modification to a stationary source in an air basin which has been designated as being

either in attainment or nonattainment of national ambient air quality standards, which

may result in the potential to emit greater than the threshold levels provided by the

federal Clean Air Act (42 U.S.C. Section 7401 et seq.) for that designation.

2.31 Major Stationary Source

A stationary source in an air basin which has been designated as being either in

attainment or nonattainment of national ambient air quality standards, which has the

potential to emit greater than the threshold levels provided by the federal Clean Air Act

(42 U.S.c. Section 7401 et seq.) for that designation.

2.32 Modification

May be any ofthe following:

2.32.1 Any physical change, change in method of operation of, or addition to an existing

stationary source that would result in an actual or potential emissions increase

from any permit unit (as defined in Part 2 herein) or sum ofpermit units under

consideration as a result ofthe proposed modification; or

2.32.2 any physical change, change in method ofoperation of, or addition to an existing

stationary source for which an application to bank emissions reductions credits is

submitted to the District; or

2.32.3 any process or process material change, including alternate fuels, production or

raw materials, that would result in an actual or potential emissions increase,

unless specifically allowed by an Authority to Construct or Permit to Operate; or

2.32.4 any change in hours of operation or production rate which would necessitate a

change in permit conditions of an Authority to Construct or Permit to Operate; or

2.32.5 any change to a District Authority to Construct or Permit to Operate to establish

federally enforceable conditions in the permit that are accepted voluntarily by the

source for purposes oflimiting its potential emissions.

2.32.6 A reconstructed source, as defined in Section 2.52 herein, shall be treated as a new

stationary source.

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2.32.7 Unless previously limited by a permit condition of an Authority to Construct or a

Permit to Operate, the following shall not be considered physical changes:

2.32.7.1 routine maintenance or repair; or

2.32.7.2 transfer oflocation of any article, machine, equipment or other contrivance for

which a Permit to Operate has previously been granted under Rule 200, and for

which no alteration or addition has been made.

2.32.8 Unless previously limited by a permit condition of an Authority to Construct or a

Permit to Operate, the following shall not be considered changes in the method of

operation:

2.32.8.1 an increase in the production rate ifsuch an increase does not exceed the

operating design capacity or the actual demonstrated capacity ofthe stationary

source as approved by the District in the Authority to Construct and Permit to

Operate; or

2.32.8.2 a change in ownership; or

2.32.8.3 a replacement of a piece of equipment with an identical piece of equipment

with emissions less than or equal to those from the original piece of equipment.

2.33 National Ambient Air Quality Standards (NAAQS)

Air quality standards set by the Administrator ofthe United States Environmental

Protection Agency to protect public health and welfare and, in general, consisting of

primary and secondary standards. Primary standards are to protect the public health,

while secondary standards are intended to protect the public welfare, e.g., plants, crops,

and materials.

2.34 Net Air Quality Benefit

A net improvement in air quality resulting from actual emissions reductions impacting

the same general area affected by the new or modified source and which will be

consistent with reasonable further progress.

2.35 Net Emissions Increase

2.35.1 The sum of all increases in potential emissions of any given pollutant except PMIO

from a new or modified stationary source occurring since July 15, 1976, minus

any reductions in emissions ofthat pollutant at the stationary source occurring

since July 15, 1976, calculated according to the provisions ofPart 7 ofthis Rule;

or

2.35.2 the sum of all increases in potential emissions ofPMIO from a new or modified

stationary source occurring since August 19, 1983, minus any reductions in

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emissions of PM10 at the stationary source occurring since August 19, 1983,

calculated according to the provisions ofPart 7 ofthis Rule.

2.35.2.1 The PMIO emissions from an existing stationary source shall be recalculated

from the TSP emission increases and reductions which have occurred since

August 19, 1983 using PMIO emission factors. When PMIO emissions factors

do not exist, 50 percent ofthe total TSP shall be assumed to be PMIO• All TSP

emission increases and decreases occurring prior to August 20, 1983 are

zeroed.

2.35.2.2 Ifthe applicant has provided full offsets for TSP emissions occurring since

August 19, 1983 but before April 21, 1993 those TSP emissions need not be

recalculated as PMIO because the net emissions increase at the time ofthe offset

is considered zero.

2.36 New Emissions Increase

The sum of all increases in potential emissions of any given pollutant from a new or

modified stationary source. The increases shall be calculated according to the

provisions ofPart 7 ofthis Rule.

2.37 New Source

A location at which new equipment is being installed, on or after the appropriate

applicability date, which does not currently hold a valid District Authority to Construct

or Permit to Operate. For the purposes of Part 4 ofthis Rule, the applicability date shall

be July 15, 1976. For the purposes ofPart 5 ofthis Rule, the applicability date shall be

April 21, 1993.

2.38 New Source Review (NSR)

A system designed, through the use of a permitting program applicable to new or

modified sources, to reduce ambient air concentrations of pollutants for which specific

areas have been designated as nonattainment.

2.39 Nitrogen Oxides (NOx)

The molecular forms ofnitrogen oxide and nitrogen dioxide. When measured or

calculated, the total ofthe two molecular forms as nitrogen dioxide.

2.40 Nonattainment Pollutant

Any pollutant for which an ambient air quality standard was exceeded within the air

basin more than three discontinuous times (or, for annual standards, more than one

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time) within the three years immediately preceding the date when the application for the

Authority to Construct was filed; or

which has been designated nonattainment pursuant to final rulemaking either by the

United States Environmental Protection Agency and published in the Federal Register,

or by the Air Resources Board, as well as any precursors ofsuch pollutants.

2.41 Offset

Where used as a noun, an emission reduction from an existing source, whether or not

under the same ownership as a proposed project, that is necessary to mitigate an

emission increase of an affected pollutant from the proposed project that would

otherwise prevent the lawful issuance by the District of an Authority to Construct or a

Permit to Operate. When used as a verb, the process ofproviding such an emission

reduction.

2.42 Permanent Emission Reduction

As defined in District Rule 215, an emission reduction which is assured for the life of

the corresponding increase, whether limited or unlimited in duration, and that the

benefits ofthe emission reduction do not diminish or disappear over time.

2.43 Permit to Operate

A written permit, as provided by Part 3.1 ofRule 200, with any specified conditions

required, issued by the Monterey Bay Unified Air Pollution Control District to a

specific applicant for the operation or use of any article, machine, equipment or other

contrivance which may cause the issuance of air contaminants or the use ofwhich may

eliminate, reduce or control the issuance of air contaminants.

2.44 Permit Unit

A piece of equipment, product line, system, unit, process line or process that produces a

product or performs a function independently of other equipment, product lines,

systems, units, process lines or processes. (From District Rule 101, Definitions.)

2.45 PM10

Particulate matter with aerodynamic diameter smaller than or equal to a nominal 10

micrometers (~m) as measured by an appropriate reference test method.

(

2.46 Pollutant

See Affected Pollutant.

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2.47 Potential to Emit

The maximum daily capacity of a permit unit to emit a pollutant under its physical and

operational design. Any physical or operational limitation on the daily capacity ofthe

unit to emit a pollutant, including pollution control equipment and restrictions in hours

or operation, or on the type or amount ofmaterial combusted, stored or processed, shall

be treated as part ofits design only ifthe limitation, or the effect it would have on daily

emissions, is incorporated into the applicable Authority to Construct and Permit to

Operate as an enforceable permit condition.

2.48 Precursor

A directly emitted pollutant that, when released to the atmosphere, forms or causes to be

formed or contributes to the formation of a secondary pollutant for which a national

ambient air quality standard has been adopted, or whose presence in the atmosphere will

contribute to the violation of one or more national ambient air quality standards. The

following precursor-secondary pollutant relationship shall be used for purposes ofthis

Rule:

2.48.1

2.48.2

2.48.3

Precursor

volatile organic compounds (VOCs)

nitrogen oxides (N0x)

sulfur oxides (SOx)

Secondary Pollutant

1) ozone

2) organic fraction ofparticulate

matter (PMIO)

1) ozone

2) nitrogen dioxide (N02)

3) nitrate fraction ofparticulate

matter (PMIO)

1) sulfur dioxide (S02)

2) sulfates (S04)

3) sulfate fraction of particulate

matter (PM10)

2.49 Prevention ofSignificant Deterioration (PSD)

A system designed, through the use of a permitting program applicable to new or

modified sources, to avert consequential increases in ambient air concentrations of

pollutants for which specific areas have been designated as either attainment or

unclassifiable under federal guidelines.

2.50 Quantifiable Emission Reduction

As defined in District Rule 215, an emission reduction, the rate and characteristics of

which can be determined by the District with reasonable accuracy. Quantification may

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be based on emission factors, stack tests, monitored values, operating rates and

averaging times, process or production inputs, modeling, or other reasonable

measurement practices.

2.51 Real Emission Reduction

As defined in District Rule 215, those emission reductions that have actually occurred,

have been implemented and are not artificially devised.

2.52 Reconstructed Source

Any source undergoing physical modification where the fixed capital cost ofthe new

components exceeds 50 percent ofthe fixed capital cost ofa comparable entirely new

stationary source. Fixed capital cost means that capital needed to provide all the

depreciable components.

2.53 Seasonal Source

Any source with more than 75 percent ofits annual emissions within a consecutive

90-day period.

2.54 Source

See Stationary Source.

2.55 State Ambient Air Quality Standards

Air quality standards set by the California Air Resources Control Board "in

consideration ofthe public health, safety, and welfare, including, but not limited to,

health, illness, irritation to the senses, aesthetic value, interference with visibility, and

the effects on the economy" (California Health and Safety Code Section 39606 [bD. A

distinction is not made between standards to protect public health and welfare, i.e.,

primary and secondary standards.

2.56 State Implementation Plan (SIP)

Plan which is required to be submitted by each State under 42 U.S.C. Section 7401 et

seq. (federal Clean Air Act) to achieve and maintain national ambient air quality

standards (NAAQS).

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2.57 Stationary Source

Any building, structure, facility, or installation which emits or may emit any affected

pollutant directly or as a fugitive emission.

2.57.1 Installation includes any operation, article, machine, equipment or other

contrivance which emits or may emit any affected pollutant.

2.57.2 Building, structure, or facility includes all pollutant emitting activities, including

activities located in California coastal waters adjacent to the District boundaries

which:

2.57.2.1 belong to the same industrial grouping;

2.57.2.2 are located on one or more contiguous or adjacent properties (except for

activities located in coastal waters); and,

2.57.2.3 are under the same or common ownership, operation, or control or which are

owned or operated by entities which are under common control.

2.57.3 Pollutant emitting activities shall be considered as part ofthe same industrial

grouping if:

2.57.3.1 they belong to the same two-digit standard industrial classification code, or,

2.57.3.2 they are part of a common production process. (Common production process

includes industrial processes, manufacturing processes, and any common raw

material).

2.57.4 The emissions within District boundaries and California coastal waters as defined

in Section 2.11 herein, from cargo carriers associated with the stationary source

shall be considered emissions from the stationary source to the extent provided in

Subsections 7.3.4, 7.3.4.1, and 7.3.5 herein.

2.58 Sulfur Oxides (SOx)

The chemical species ofsulfur dioxide and sulfur trioxide. When measured or

calculated, the total ofthe two chemical species as sulfur dioxide.

2.59 Surplus Emission Reduction

As defined in District Rule 215, emission reductions not already encumbered by any

federal, State, ARB, District, or local agreement, law, order, plan, regulation,

requirement, or rule.

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2.60 Total Suspended Particulates (TSP)

Any airborne finely divided solid or liquid material with an aerodynamic diameter less

than 100 micrometers (Ilm).

2.61 Upwind Areas

The area bounded by a line passing through the site ofthe new or modified source

perpendicular to the predominant summer wind flow line and extending to the

boundaries ofthe same air basin in the direction opposite the predominant summer wind

flow, except where the District determines that for reasons oftopography or

meteorology such a definition is inappropriate.

2.62 Volatile Organic Compounds (VOCs)

As defined in District Rule 101, Definitions.

PART 3 GENERAL REQUIREMENTS

Any source subject to this Rule shall be subject to the following requirements.

3.1 Pre-Construction and Post-Construction Air Monitoring

The owner or operator of a stationary source subject to the requirements ofthis Rule

shall conduct ambient air quality monitoring as the District finds necessary to determine

the effect emissions from the stationary source or modification may have, or are having,

on air quality in the area. All monitoring shall comply with United States

Environmental Protection Agency guidelines for monitoring (40 CFR Part 58, Appendix

B).

3.1.1 Pre-construction air quality monitoring data must be gathered over a period of one

year preceding the application ofthe source. Ifthe District determines that an

adequate analysis can be done over a period ofless than one year, but not less than

four months, the shorter period can be used. Ifsufficient representative monitoring

data already exists for analysis, no monitoring will be required.

3.1.2 Post-construction air quality monitoring data must be collected as deemed necessary

by the District to determine the effect emissions from the stationary source or

modification are having on air quality.

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3.2 Visibility, Soils, and Vegetation Analysis

The applicant shall provide the District with analysis ofimpairment to visibility, soils,

and vegetation, and the projected air quality impact for the area, that would occur as a

result ofthe source or modification and general commercial, residential, industrial, and

other growth associated with the source or modification.

3.3 Ambient Air Quality Standards and Emission Increments

In no case shall the emissions from the new or modified stationary source, or in

conjunction with other increases in emissions, cause or contribute to the violation of an

ambient air quality standard or exceed any air quality increment. The air quality impact

table contained in Section 9.4 or appropriate air quality modeling as in Section 9.1

herein shall be used to estimate the effects of a new or modified source. In making this

determination the District shall take into account the mitigation of emissions through

offsets obtained pursuant to this Rule.

3.4 Mandated Reductions

Emission reductions required by any permits, agreements, orders, plans or requirements

offederal, State, Air Resources Board, or District laws, rules and regulations, or the

State Implementation Plan shall not be used as offsets.

3.5 Source Shutdowns and Curtailments

Source shutdowns and curtailments may not be given emission reduction credits in the

case of precursor organic pollutants ifthey occurred prior to the date of application

unless the proposed new source or modification is a replacement at the same source, and

the shutdown or curtailment occurred after August 7, 1977.

3.6 Interpollutant Offsets

The District may approve interpollutant offsets on a case-by-case basis, provided that

the trade is technically justified and that the applicant demonstrates to the satisfaction of

the District, through the use ofthe air quality impact table contained in Section 9.4 or

by appropriate air quality modeling as in Section 9.1 herein, that the emission increases

from the new or modified source or in conjunction with other increases in emissions

will result in a net air quality benefit and will not cause or contribute to a violation of an

ambient air quality standard or exceed any air quality increment established pursuant to

this Rule. In such cases, the District shall, based on air quality analysis, impose offset

ratios greater than the requirements ofSection 4.3 herein.

Interpollutant trades between PMIO and PMIO precursors may be allowed. PMIO

emissions shall not be allowed to offset NOxor VOC emissions in ozone nonattainment

areas. PMIO emissions shall not be allowed to offset SOx emissions in sulfate

nonattainment areas.

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PART 4 FEDERAL CLEAN AIR ACT REQUIREMENTS

4.1 Best Available Control Technology (BACT) Requirements

An applicant shall apply BACT to a new stationary source or modification of an

existing source, except cargo carriers, for each affected pollutant, under the following

conditions:

4.1.1 a new stationary source which has the potential to emit greater than or equal to any

one ofthe affected pollutant levels listed in Table 4.1.1 below:

Table 4.1.1 Emission Thresholds for BACT

POLLUTANT EMISSION RATE IN POUNDSIDAY

VOC 150

NO as NO, 150

SO as SO, 150

TSP 150

PM'A 82

CO 550

Vinyl Chloride 5.48

Asbestos 0.04

Beryllium 0.0022

Lead 3.28

Mercury 0.55

Fluorides 16.44

Sulfuric Acid Mist 38.35

Hydrogen Sulfide (H,S) 54.79

Total Reduced Sulfur Compounds (including 54.79

H,S)

Reduced Sulfur Compounds (including H,S) 54.79

or,

4.1.2 a modification of an existing stationary source which has the potential to result in a

new emissions increase, as defined in Section 2.36 herein, occurring after August 19,

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1983 for PMIO or after July 15, 1976 for any other affected pollutant, from any permit

unit or sum of permit units from the same source of an affected pollutant by an

amount in excess of any ofthe limits stated in Subsection 4.1.1 herein.

4.1.3 For a modified source, BACT shall be applied to the new or modified equipment

whose emissions trigger the requirement for BACT.

4.1.4 A new source or modification subject to BACT for any pollutant subject to this

Section shall apply BACT for any other affected pollutant emitted from the new

source or modification, ifthe District should so require.

4.2 Offset Requirement, General

4.2.1 In Area A and Area A Impact Zones, offsets as specified in Subsections 4.3.1 and

4.3.2 herein shall be required from a new or modified stationary source with net

emissions increases equal to or exceeding 150 pounds per day of volatile organic

compounds, or nitrogen oxides, or sulfur oxides, or total suspended particulates

(TSP) or carbon monoxide; or 82 pounds per day ofPMIO• This information is

summarized in table 4.2.2 below.

4.2.2 In areas other than Area A or Area A Impact Zones, offsets as specified in 4.3.3 shall

be required for an affected pollutant from a new or modified stationary source with a

net emissions increase equal to or exceeding 150 pounds per day for volatile organic

compounds, or nitrogen oxides or sulfur oxides, or total suspended particu1ates(TSP);

550 pounds per day of carbon monoxide; or 82 pounds per day ofPM\O' as

summarized in table 4.2.2 below:

Table 4.2.2 Emissions Thresholds for Offsets

POLLUTANT EMISSIONS INCREASE IN EMISSIONS INCREASE

AREA A AND AREA A IN B,C,D,E AND F

IMPACT ZONES AREAS

voe 150 pounds per day 150 pounds per day

NO asNO, 150 pounds per day 150 pounds per day

SO as SO, 150 pounds per day 150 pounds per day

eo 150 pounds per day 550 pounds per day

TSP 150 pounds per day 150 pounds per day

PM,n 82 pounds per day 82 pounds per day

4.2.3 Offsets for increases in carbon monoxide shall not be required ifthe applicant

demonstrates to the satisfaction ofthe District, through the use ofthe air quality

impact table contained in Section 9.4 ofthis Rule, or by approved air quality

modeling as in Section 9.1 herein, that the ambient air quality standards are not

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violated in the areas to be affected, and such emissions will not cause or contribute to

a violation of ambient air quality standards.

4.2.4 Offsets shall be actual, quarterly, enforceable emissions reductions for existing

sources, sufficient to offset all anticipated quarterly emission increases as calculated

according to Sections 7.3, 7.4 and 7.5 ofthis Rule, associated with new or modified

stationary sources and which will result in a net air quality benefit.

4.2.5 The amount of offsets obtained shall be at least equal to the net emissions increase

from the proposed new source or modification.

4.2.6 Increases in emissions shall be determined in accordance with the calculation

methods described in Subsections 2.35.1, 2.35.2, Sections 7.3, 7.4 and 7.5 ofthis

Rule, or an equivalent calculation procedure approved by the District.

4.2.7 Reductions in emissions shall be valid for determining net emissions increases only

ifthey are established pursuant to an Authority to Construct and a Permit to Operate.

4.2.8 Mandated reductions of emissions shall not be used as offsets, pursuant to Section

3.4 herein.

4.2.9 All emission reductions must be identified and enforceable prior to issuance ofthe

Authority to Construct.

4.2.9.1 The emission reductions must be eligible under the provisions ofDistrict Rule

215; and

4.2.9.2 must be entered in the District ERC Registry, unless the emission reductions

are made at the same time as the permit application is made and on-site at the

same stationary source.

4.2.9.2.1 For emission reductions made at the same time as the permit application

is made and on-site at the same stationary source;permit modifications

to ensure permanent emission reductions must be made.

4.2.10 In no case shall exempt compounds as defined in Section 2.24 ofthis Rule, be

used as offsets for volatile organic compounds as defined in Section 2.620fthis

Rule.

4.2.11 If a source is required to obtain offsets for a pollutant pursuant to this Section,

then that source must obtain offsets, at least equal to the net emissions increase,

for any increase in emissions of all the following pollutants: volatile organic

compounds, nitrogen oxides, sulfur oxides, total suspended particulates (TSP),

and PMIO•

4.2.12 The District may exempt a source from offset requirements for all the attainment

pollutants, and any nonattainment pollutants which do not exceed levels specified

in Subsections 4.2.1 and 4.2.2 provided that the applicant demonstrates to the

satisfaction ofthe District all ofthe following:

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4.2.12.1 that the requirement of offsets will result in little or no air quality benefit; and

4.2.12.2 that emissions offsets are not available or would not be cost-effective; and

4.2.12.3 that any net emissions increases from the new or modified stationary source or

in conjunction with other increases in emissions will be consistent with

reasonable further progress and will not cause a violation of an ambient air

quality standard or exceed an air quality increment.

4.3 Location ofOffsets and Offset Ratios

Table 4.3 Summary of Offset Ratio Requirements

Source Location!Area Ratio for Non-Attainment Ratio for Attainment

Offset Obtained Pollutants Pollutants

Area AJArea A <15 miles 1.2:1 1.2: 1

radius

Area A Impact Zone/Area A or 1.2: 1 1.2:1

Area A Impact Zone <15 miles

radius

Non-AJSarne Source <15 miles 1: 1 (or 1.15: 1 if a major source 1:1

radius or maior modification)

Non-AJDifferent Source <15 1.2: 1 1.1: 1

miles radius

Non-AJ>15 miles radius 2:1 1.2: 1

Non-AJdifferent air basin 2.5:1 1.3:1

4.3.1 The emissions from a proposed source, subject to this Rule, which is to be located

within an Area A must be offset by emissions reductions obtained from within the same

Area A, at a minimum ratio of 1.2 to 1 and within a 15-mile radius ofthe proposed

source ifthat will provide for a net air quality benefit; or at a ratio and distance to be

approved by the District based on air quality analysis or modeling sufficient to

demonstrate a net air quality benefit in the Area A. In no case shall the offset ratio for

nonattainment pollutants be lower than the 1.2 to I ratio required above in this Section.

4.3.2 Emissions from a proposed source, subject to this Rule, which is to be located in an

Area A Impact Zone must be offset by emissions reductions obtained from within the

impact zone, or from the affected Area A, at a minimum ratio of 1.2 to 1, and within a

15-mile radius ofthe proposed source ifthat will provide for a net air quality benefit; or

at a ratio and distance to be approved by the District based on air quality analysis or

modeling sufficient to demonstrate a net air quality benefit in the Area A. In no case

shall the offset ratio for nonattainment pollutants be lower than the 1.2 to 1 ratio

required above in this Section.

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4.3.3 Emissions from a proposed source subject to this Rule which is to be located outside

an Area A or Area A Impact Zone are to be offset with emissions reductions from

within a 15-mile radius ofthe proposed source. The emissions shall be offset at a

minimum ratio of 1 to 1 ifthe offsets are from the same source, unless the proposed

source is a major stationary source or a major modification to an existing source. In

such cases, the emissions shall be offset at a minimum ratio of 1.15 to 1 ifthe offsets

are from the same source. The emissions shall be offset at a minimum ratio of 1.2 to

1 for nonattainment pollutants for offsets located outside ofthe proposed source but

within the 15-mile radius and shall result in a net air quality benefit. The emissions

for all other pollutants designated in Section 4.2.2 herein shall be offset at a

minimum ratio of 1.1 to 1 for offsets located outside ofthe proposed source but

within the 15-mile radius, and the District shall analyze the impact on the air quality

increment. Based on air quality analysis or modeling, approved by the District,

which demonstrates a net air quality benefit, offset ratios and distances other than

those above may be applied. In no case shall the offset ratios be lower than the ratios

required above in this Section. .

4.3.3.1 If an applicant demonstrates to the satisfaction ofthe District that sufficient

offsets do not exist at sources owned by the applicant, and are not available at

other sources within a 15-mile radius ofthe proposed source, offsets shall be

obtained from an upwind area within the air basin at a minimum ratio of 2.0 to

1 for nonattainment pollutants and minimum ratio of 1.2 to 1 for all other

pollutants designated in Section 4.2.2 herein; or, at a ratio and distance to be

approved by the District based on air quality analysis and modeling sufficient

to demonstrate a net air quality benefit, or to demonstrate that no emissions

increments will be exceeded within the air basin. In no case shall the offset

ratios be lower than the ratios required above in this Section.

4.3.3.2 If an applicant demonstrates to the satisfaction ofthe District that sufficient

offsets do not exist at sources owned by the applicant, and are not available at

an upwind area within the air basin, offsets may be obtained from an upwind

area outside the air basin at a minimum ratio of 2.5 to 1 for nonattainment

pollutants and minimum ratio of 1.3 to 1 for all other pollutants designated in

Section 4.2.2 herein; or, at a ratio and distance to be approved by the District

based on air quality analysis and modeling sufficient to demonstrate a net air

quality benefit, or to demonstrate that no emissions increments will be

exceeded within the air basin. In no case shall the offset ratios be lower than

the ratios required above in this Section.

4.3.3.2.1 Any offset credited pursuant to Subsection 4.3.3.2 shall be approved by a

resolution adopted by the governing board ofthe upwind district and the

District Board. In adopting a resolution pursuant to this Subsection, the

District Board shall consider the impact ofthe offset on air quality,

public health, and the regional economy.

4.3.3.2.2 The offsets may only be obtained from an upwind area that has been

designated by EPA to have a nonattainment status equal to or more

serious than the North Central Coast air basin.

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4.3.3.2.3 The offsets may only be obtained from an upwind area that could

contribute to violations ofthe national ambient air quality standards in

the North Central Coast air basin.

4.3.3.3 If an applicant demonstrates to the satisfaction ofthe District that sufficient

offsets, for emissions that do not exceed ambient air quality standards, do not

exist at sources owned by the applicant and are not available at other sources

within a IS-mile radius or in an upwind area, the District may choose to allow

an applicant to use a percentage, not to exceed 50 percent, ofthe remaining

emissions increments, as determined by the District.

4.4 Offsets, Seasonal Sources

Emissions offset ratios stated in Section 4.3 herein shall be required for new or modified

seasonal sources (as defined in Section 2.53 herein), provided that the offsets occur

within the same season during which the seasonal source operates. Offsets obtained in a

season other than that in which the proposed source will be operating may be used only

ifthe applicant demonstrates to the satisfaction ofthe District that such interseason

tradeoffs will result in a net air quality benefit.

4.5 Protection ofClass I Areas

4.5.1 Any new or modified stationary source shall be subject to the requirements ofthis

Rule ifit will:

4.5.1.1

4.5.1.2

have any net emissions increase greater than zero pounds per day of volatile

organic compounds, or nitrogen oxides, or sulfur oxides, or total suspended

particulate; and

be constructed within a designated Area A or Area A Impact Zone after July

18,1979;and

4.5.1.3 increase ambient pollutant concentration ofthe Area A by one microgram per

cubic meter (24-hour average) or more.

4.5.2 Any new or modified stationary source shall be subject to the requirements ofthis

Rule ifit will:

(

4.5.2.1

4.5.2.2

4.5.2.3

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have a net emissions increase ofPM10 more than zero pounds per day; and

be constructed within a designated Area A or Area A Impact Zone after August

19,1983;and

increase PMIO ambient concentration ofthe Area A by 0.57 microgram per

cubic meter (24-hour average) or more.

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4.5.3 The air quality impact table in Section 9.4, or appropriate air quality modeling as in

Section 9.1 herein, shall be used to estimate the impact ofthe source on Area A.

PART 5 CALIFORNIA CLEAN AIR ACT (CCAA) REQUIREMENTS

This Part contains additional provisions required under the California Clean Air Act as amended.

5.1 Parallel Review and Stringency ofRequirements

Each project subject to New Source Review shall undergo a review under the federal

requirements contained within all other parts ofthis Rule, and a parallel review under

the requirements ofthis Part. In cases where the requirements under the federal Clean

Air Act and the California Clean Air Act differ, the most stringent applicable provisions

shall apply.

5.2 CCAA Best Available Control Technology (BACT) Requirements

BACT shall be required for any new or modified permit unit with a potential to emit 25

pounds per day or more ofVOCs or NOx'

(

5.3

5.3.1

5.3.2

5.3.3

5.3.4

5.4

CCAA Offset Requirements

Any new or modified stationary source with a potential to emit 137 pounds per day

or more ofVOCs or NOx shall be required to provide offsets at the ratios specified in

Section 4.3 herein.

Offsets shall be actual, quarterly, enforceable emissions reductions from existing

sources, sufficient to offset all anticipated quarterly emissions increases as calculated

according to Subsections 5.3.3 and 5.3.4 ofthis Rule, associated with new or

modified stationary sources, and which will result in a net air quality benefit.

The amount ofoffsets obtained shall be at least equal to the potential to emit from

the proposed new source.

For any modified source, the amount of offsets obtained shall be at least equal to the

difference between the emissions ofthe modified source, and the emissions ofthe

existing source.

CCAA Stationary Source Calculations

For the purposes ofdetermining offset requirements under this Part, emissions profiles

for new sources, existing sources or modified sources shall be based on the potential to

emit as described under Section 7.1 herein. Comparison ofnew, modified or existing

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sources shall be done in accordance with Sections 7.3 and 7.5 herein. Calculation of

emission reductions shall be done in accordance with Section 7.6 herein.

PART 6 ADMINISTRATIVE REQUIREMENTS

The following administrative requirements shall apply to activities pursuant to this Rule, except

for the review of power plants over 50 megawatts. Power plants over 50 megawatts shall be

subject to the review requirements of Part 8.

6.1 Alternative Siting

For those sources for which an analysis of alternative sites, sizes, and production

processes is required under 42 U.S.C. Section 7401 et seq., the District shall require the

applicant to prepare an analysis functionally equivalent to the requirements ofDivision

13 ofthe Public Resources Code.

6.2 Complete Application

The District shall determine whether the application is complete no later than 30 days

after receipt ofthe application, or after such longer time as both the applicant and the

District may agree is acceptable.

Ifthe District determines that the application is not complete, the applicant shall be

notified in writing ofthe decision specifying the information required. Upon receipt of

any resubmittal ofthe application, a new 30-day period to determine completeness shall

begin.

Completeness of an application or resubmitted application shall be evaluated on the

. basis ofthe information requirements set forth in District regulations (adopted pursuant

to Article 3, Sections 65940 through 65944 ofChapter 4.5 ofDivision I ofTitle 7 ofthe

Government Code) and application guidance as they exist on the date on which the

application or resubmitted application was received.

Upon determination that the application is complete, the District shall notify the

applicant in writing. The District may, during the processing ofthe application, request

an applicant to clarify, amplify, correct, or otherwise supplement the information

submitted in the appli<;ation.

6.3 Proposed Sources in Federal Class I Areas

f

6.3.1

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Permit Notice: The District shall provide notice within ten days ofdetermining that

an application is complete which has been submitted for a proposed major stationary

source or major modification of an existing source, whose emissions would affect a

federal Class I Area, to the Federal Land Manager and the federal official charged

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with direct responsibility for management ofthe specified lands. The Federal Land

Manager shall be provided a copy ofthe complete application and shall be notified of

all subsequent actions relating to the consideration ofsuch permit.

6.3.2 Source Impacting Class I Areas: The District shall accept and consider comments

offered within public comment period following the date ofpublication by the

Federal Land Manager of any lands contained within a federal Class I Area impacted

by a proposed major stationary source or major modification to an existing stationary

source. Ifthe Federal Land Manager demonstrates that the emissions from a

proposed major source or major modification would have an adverse impact on the

air quality-related values (including visibility) of any federal mandatory Class I

Areas, and ifthe District concurs with such demonstration, then the District shall

deny the Authority to Construct.

6.3.3 Federal Land Manager Appeals: Ifthe District recommends a permit with which the

Federal Land Manager or the federal official charged with direct responsibility over

the specified lands does not concur, the decision may be appealed to the Hearing

Board.

6.4 Preliminary Decision

Following acceptance of an application as complete, the District shall perform the

evaluations required to determine compliance with this Rule and make a preliminary

written decision as to whether a permit to construct should be approved, conditionally

approved, or disapproved.

6.5 Air Quality Increment Analysis

The District shall evaluate the impact on the air quality increment ofthe emissions from

the proposed source and any offsets obtained pursuant to Section 4.2 herein. Any

emissions from secondary source growth associated with the source shall be included in

the determination ofincrement consumption. The District shall not grant a permit to a

source which is subject to Section 4.2 herein ifits emissions will exceed 50 percent of

the remaining emissions increment.

6.6 Review of Air Quality Increment Consumption

The District shall assess the remaining air quality increment at least every five years, or

every two years in areas where a source subject to Section 4.2 herein has been sited

since the last assessment ofthe respective air quality increment has occurred. The

reassessment ofthe remaining air quality increment shall be based on the changes in

emissions including area sources and any changes in air quality background levels. The

emissions from major stationary sources constructed since January 6, 1975 shall be

included in the air quality increment consumption. Within 60 days of a determination

of an increment violation the District will initiate action to mitigate the violation.

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6.7 Air Quality Models

All air quality models used for the purposes ofthis Rule shall be consistent with the

requirements provided in the most recent revision ofthe United States Environmental

Protection Agency "Guidelines on Air Quality Models" unless the District finds that

such a model is inappropriate for use. However, the District, on a case-by-case basis,

may approve alternate models with the concurrence ofthe United States Environmental

Protection Agency after allowing for a public comment period. Credit shall not be

given for stacks higher than that dictated by good engineering practice. All modeling

costs associated with the siting of a stationary source shall be borne by the applicant.

6.8 Publication and Public Comment

Within ten calendar days following a preliminary decision pursuant to Section 1.3 or

Part 4 or Part 5 ofthis Rule, where the emission levels are greater than or equal to those

threshold limits listed for Sections 4.2 or 5.3; or within ten calendar days following a

preliminary decision pursuant to Subsection 1.3.2.1; or within ten calendar days

following a preliminary decision on a source's application for a modification pursuant to

Section 2.32.5, the District shall publish in at least one newspaper of general circulation

in the District a notice stating the preliminary decision ofthe District, noting how the

pertinent information can be obtained, and inviting written public comment for a 30-day

period following the date ofpublication.

6.9 Public Inspection

The District shall make available for public inspection at the District's office the

information submitted by the applicant and the District's analysis no later than the time

the notice ofthe preliminary decision is published, pursuant to Section 6.8 herein. No

later than the noticed date, all such information, including the proposed permit, shall be

transmitted to the Air Resources Board, the United States Environmental Protection

Agency, and any other interested public agency or party requesting it.

6.10 Authority to Construct, Final Action

Within 180 days after acceptance of an application as complete, the District shall take

final action on the application after considering all written comments. The District shall

provide written notice ofthe final action to the applicant, the United States

Environmental Protection Agency, and the Air Resources Board, and shall publish such

notice in a newspaper of general circulation and shall make the notice and all supporting

documents available for public inspection at the District's office. The District must

provide a copy ofthe final permit to EPA.

(

6.11 Requirements, Permit to Operate

As a condition for the issuance of a Permit to Operate, the District shall require that the

new source or modification, and any sources which provide offsets, be operated in the

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manner assumed in making the analysis to determine compliance with this Rule, or as

conditioned in the Authority to Construct. The Permit to Operate shall include specific

emissions limitations which reflect BACT.

6.11.1

6.11.2

The operation of any stationary source which provides offsets shall be subject to

enforceable permit conditions, containing specific emissions limitations, to ensure

that the emissions reductions will be provided in accordance with the provisions

ofthis Rule and shall continue for the reasonable expected life ofthe proposed

source. The emission reductions used for offset purposes must be certified,

approved and registered by the District in the ERC Registry, unless the emission

reductions are made at the same time as the permit application is made and on-site

at the same stationary source. The emission reductions must be surplus,

quantifiable, real, permanent, and enforceable.

Where the source ofoffsets is not subject to a District permit, a District permit

with enforceable permit conditions, containing specific emission limitations, must

be obtained by the recipient ofsuch offsets. A written agreement shall be

required between the applicant and the owner or operator ofsuch a source of

offsets, which agreement, by its terms, shall be enforceable by the District as a

third party beneficiary. Any breach ofsuch an agreement shall be a violation of

this Rule. The permit and agreement shall be submitted to the California Air

Resources Board to be forwarded to the United States Environmental Protection

Agency as part ofthe State Implementation Plan.

6.12 Issuance, Permit to Operate

The District shall issue a Permit to Operate to a stationary source subject to the

requirements ofthis Rule ifit is determined that all offsets required as a condition of an

Authority to Construct or amendment to a Permit to Operate, will commence not later

than the initial operation ofthe new or modified source, and that the offsets shall be

maintained throughout the operation ofthe new or modified source which is the

beneficiary ofthe offsets. Further, a Permit to Operate shall not be issued unless the

source has complied with all conditions specified on the Authority to Construct, unless

the District approves the incorporation ofthe unmet Authority to Construct conditions

into the Permit to Operate.

6.12.1 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 District may allow a

maximum of 90 days as a startup period for simultaneous operation ofthe existing

stationary source and the new source or replacement.

6.13 Regulations in Force will Govern

The granting or denial of an Authority to Construct shall be governed by the

requirements ofthis Rule in force on the date the application is deemed complete.

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PART 7 CALCULATIONS

7.1 Detennination ofthe Potential to Emit

The maximum design capacity of a new stationary source or modification shall be used

to detennine the potential to emit from the new source or modification. However, the

applicant may agree to limitations on the operations on the new source or modification.

Ifthose limitations are included in both Authorities to Construct and Pennits to Operate

issued according to New Source Review, then those limitations shall be used to

establish the potential to emit from the new source or modification.

7.2 Historical Emissions from Existing Sources

The emissions from an existing source shall be the historical emissions based on the

actual operating conditions ofthe existing source averaged over the three consecutive

years immediately preceding the date of application.

7.2.1 In cases where the existing source has not been in operation for three consecutive

years or under unusual circumstances, a shorter period or three consecutive years

within the five-year period immediately preceding the date of application that best

represent the nonnal source operations may be applicable and approved by the

District.

7.2.2 Ifviolations oflaws, rules, regulations, pennit conditions, or orders ofthe District,

the California Air Resources Board, State or the United States Environmental

Protection Agency occurred during the period used to detennine the operating

conditions, then adjustments to the operating conditions shall be made to detennine

the emissions the existing source would have caused without such violations.

7.3 General Stationary Source Calculations

The increase in emissions from new stationary sources and modifications which are not

seasonal sources shall be detennined using quarterly emissions profiles.

7.3.1 Quarterly emissions profiles for an existing or proposed stationary source or

modification shall be constructed by plotting the average daily emissions from such a

source.

7.3.2 A separate profile shall be constructed for each pollutant.

7.3.3 The increase in emissions from a modification to an existing source shall be

detennined by comparing the quarterly emissions profiles for the existing source to

the quarterly emissions profiles for the proposed source after modification. An

increase in emissions exists whenever any part of an emissions profile for a modified

source exceeds the emissions profile for the existing source.

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7.3.4 The emissions from all marine vessels which load or unload at the stationary source

shall be considered as emissions from the stationary source (as defined in Section

2.57 herein) while such vessels are operating in District waters and in California

coastal waters adjacent to the District.

7.3.4.1 The emissions from marine vessels shall include volatile organic compounds

that are displaced into the atmosphere; fugitive emissions; combustion

emissions in District waters; and emissions from loading and unloading of

cargo.

7.3.5 The emissions from all trains dedicated to a specified stationary source, while

operating in the air basin, including directly emitted and fugitive emissions, shall be

considered as emissions from the stationary source.

7.4 Increases in Emissions: Calculation Requirements for BACT and Offsets

7.4.1 Emissions profiles for new sources or modified sources shall be based on the

potential to emit as described under Section 7.1 herein. Emissions profiles for

existing sources shall be based on the historical emissions as described under Section

7.2 herein. Comparison of emissions profiles shall be done in accordance with the

provisions of Sections 7.3 and 7.5 herein

7.4.2 The new emissions increase, as defined in Section 2.36 herein, occurring after

August 19, 1983 for PMIO or after July 18, 1976 for any other affected pollutant,

shall be used to determine BACT requirements for any new source or for any

modifications to an existing source.

7.4.3 The net emissions increase, as defined in Section 2.35 herein, shall be used to

determine offset requirements for any new source or for any modifications to an

existing source.

7.4.3.1 When computing the net emissions increases for modifications, the District

shall take into account the emissions increases and decreases, excluding any

emissions reductions required to comply with federal, State, Air Resources

Board, or District law, rules, regulations, agreements, or orders, and also

excluding any reductions of emissions which were originally permitted under

the provisions of any exemption contained in Section 1.3. All emissions

decreases used in computing the net emissions increase shall be incorporated

into the Authority to Construct and Permit to Operate.

7.5 Increases in Emissions: Seasonal Source Calculations

The increase in emissions from new stationary sources and modifications which are

seasonal sources shall be determined using quarterly emissions profiles.

7.5.1 Quarterly emissions profiles shall be constructed by plotting the average daily

emissions from an existing or proposed seasonal source for the continuous 90-day

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period during which the greatest emissions from the proposed new or modified

source will occur.

7.5.2 A separate profile shall be constructed for each pollutant.

7.5.3 The increase in emissions from a modification to an existing seasonal source shall be

detennined by comparing the quarterly emissions profiles for the existing source to

the quarterly profiles for the proposed source after modification. An increase in

emissions exists whenever any part of an emissions profile for the modified source

exceeds the emissions profile for the existing source.

7.6 Calculation Requirements for Emissions Reductions

7.6.1 Emissions profiles for new sources or modified sources shall be based on the

potential to emit as described under Section 7.1 herein. Emissions profiles for

existing sources shall be based on the historical emissions as described under

Section 7.2 herein. Comparison of emissions profiles shall be done in accordance

with the provisions of Sections 7.3 and 7.5 herein.

PART 8 POWER PLANTS

8.1 General

Part 8 shall apply to all power plants proposed to be constructed in the District and for

which a Notice ofIntention (NOI) or Application for Certification (APC) has been

accepted by the California Energy Commission. The District may apply for

reimbursement of all costs incurred, including lost fees, in order to comply with the

provisions ofthis Part.

8.2 Intent to Participate and Preliminary Report

Within 14 days ofreceipt of an NOI, the District shall notify the Air Resources Board

and the California Energy Commission ofthe District's intent to participate in the NOI

proceeding. Ifthe District chooses to participate in the NOI proceeding, the District

shall prepare and submit a report to the Air Resources Board and the California Energy

Commission prior to the conclusion ofthe nonadjudicatory hearing specified in Section

25509.5 ofthe Public Resources Code. That report shall include, at a minimum:

8.2.1 a preliminary specific definition of best available control technology (BACT) for the

proposed source; and,

8.2.2 a preliminary discussion ofwhether there is substantial likelihood that the

requirements ofthis Rule and all other District regulations can be satisfied by the

proposed source;

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8.2.3 a preliminary list of conditions which the proposed source must meet in order to

comply with this Rule or any other applicable District regulation. The preliminary

determination contained in the report shall be as specific as possible within the

constraints ofthe information contained in the NOI.

8.3 Determination ofCompliance Review

Upon receipt of an AFC for a power plant, the District 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. Ifthe information contained in the AFC does not meet the

requirements ofthis Rule, the District shall, within 20 calendar days ofreceipt ofthe

AFC, so inform the California Energy Commission, and the AFC shall be considered

incomplete and returned to the applicant for resubmittal.

8.4 Equivalency ofAFC for an Authority to Construct

The District shall consider the AFC to be equivalent to an application for an Authority

to Construct during the determination of compliance review, and shall apply all

provisions ofthis Rule which apply to applications for an Authority to Construct.

8.5 Need for Additional Information

The District may request from the applicant any information necessary for the

completion ofthe determination of compliance review. Ifthe District is unable to

obtain the information, the District may petition the presiding Commissioner for an

order directing the applicant to supply such information.

8.6 Preliminary Determination

Within 180 days of accepting an AFC as complete, the District shall make a preliminary

decision on:

8.6.1 whether the proposed power plant meets the requirements ofthis Rule and all other

applicable District regulations, and,

8.6.2 in the event of compliance, what permit conditions will be required including the

specific BACT requirements and a description ofrequired mitigation measures.

The preliminary written decision under Section 8.6 ofthis Rule shall be treated as a

preliminary decision under Section 6.4 herein, and shall be finalized by the District only

after being subject to the public notice and comment requirements of Sections 6.3, 6.4,

and 6.8 herein. The District shall not issue a determination of compliance unless all

requirements ofthis Rule are met.

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8.7 Determination ofCompliance

Within 240 days ofthe filing date, the District shall issue and submit to the California

Energy Commission a determination of compliance or, ifsuch a determination cannot

be issued, shall so inform the California Energy Commission. A determination of

compliance shall confer the same rights and privileges as a Authority to Construct

permit only when and ifthe California Energy Commission approves the AFC, and the

California Energy Commission certificate includes all conditions ofthe determination

of compliance.

8.8 Permit to Operate

Any applicant receiving a certificate from the California Energy Commission pursuant

to this Section and in compliance with all conditions ofthe certificate shall be issued a

Permit to Operate by the District.

PART 9 SOURCE IMPACT ANALYSIS

9.1 Air Quality Impact Analysis

The table in Section 9.4 herein is provided as a screening method to estimate the worst

case air quality impact of carbon monoxide, particulate matter, oxides ofsulfur and

oxides of nitrogen of a proposed point source without the use ofsophisticated modeling

techniques.

Modeling shall be used instead ofthe table ifin the judgement ofthe District ~y ofthe

following apply: the pollutant is an oxidant; another source with unknown impact is

being constructed in the affected area; the impact obtained by using the table indicates

concentrations will be near the national or state ambient air quality standards; the

proposed source will be located in complex terrain; the source will have a volume flow

rate less than 10 cubic meters per second; the stack exit gas temperature is less than

360o

K; or, the physical size ofthe stack is greater than 100 meters. In such instances the

models, data bases, and other requirements specified in the most recent revision ofthe

United States Environmental Protection Agency's "Guidelines on Air Quality Models"

must be used.

9.2 Downwind Concentrations

Using the air quality impact table in Section 9.4 herein, the estimated downwind

concentrations are determined by reading the value which corresponds to the actual

stack height and source strength ofthe proposed source. The table also provides the

estimated distance from the source to the point ofmaximum ground level impact. Ifthe

precise actual stack height for the proposed source is not listed, interpolation can be

used to determine the approximate downwind concentrations.

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9.3 Example Calculations

To detennine the downwind concentrations attributable to a proposed source with an

actual stack height of 45 meters and a source strength of 137 pounds per hour:

a. use 40 meter stack height;

b. consider that the source strength lies between maximum one hour concentration

values for 120 lb/hr = 1300 ug/m3 and 140 lb/hr = 120 lb/hr + 20 lb/hr = 1300 ug/m3

+ 220 ug/m3 = 1520 ug/m3

; and,

c. interpolate such that

x ug/m3 = (1520 - 1300)

( 140 - 120) x (137-120) + 1300

= 1478 ug/m3 (this estimated maximum one-hour concentration for the

proposed 137-lb/hr source is to be added to ambient concentration

levels).

Values for maximum concentrations for 3-hour, 8-hour, and 24-hour time periods may

be obtained by multiplying the I-hour concentrations by following factors:

3-hour = 0.9; 8-hour = 0.8; and, 24-hour = 0.4.

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9.4 Air Quality Impact Table

The following table provides the worst case estimates ofpoint source air quality

impacts:

Estimated Maximum 1-hr Concentrations (ug/m3)

for Listed Source S h trengtl s

Stack Downwind 5lblhr 10 lblhr 20lblhr 40lblhr 80lblhr 120lblhr

Height DistanceO

(m) (m)

5 100 3150 6300 12800 25200 50400 75700

10 100 945 1890 3840 7560 15120 22700

15 150 380 760 1530 3020 6040 9080

20 200 220 440 900 1760 3530 5300

30 300 90 190 380 760 1510 2270

40 200 to 400 50 110 220 430 870 1300

50 250 to 450 40 70 150 290 580 880

70 350 20 40 80 170 330 500

100 450 10 20 40 90 190 290

NOTE: the wind speed was assumed to be 1 mls and the effective plume height was

assumed equal to the physical stack height.

° Downwind Distances to Maximum Estimated Concentrations (m).

PART 10 FEDERAL ENFORCEABILITY, SIP REVISIONS

This Part shall apply solely for the purposes offederal enforcement ofRule 207.

10.1 Increments for Carbon Monoxide, Nitrogen Dioxide, Hydrogen Sulfide, and Lead

Increments for carbon monoxide, nitrogen dioxide, hydrogen sulfide and lead

referenced in Subsection 2.5.2 herein are not submitted as a part ofthe SIP.

10.2 Subsection 2.5.2 ofthis Rule

For the purposes ofthe submittal to the United States Environmental Protection

Agency for inclusion in the SIP, the increments of allowable air quality

degradation, beyond existing air quality levels, shall be:

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10.2.1

10.2.2

for Area A, the increment specified for Class I Areas in 40 CFR Part 51.166

(Prevention of Significant Deterioration ofAir Quality), and,

for Areas B, C, D, E, and F, and Area A Impact Zones, the increment

specified for Class II Areas in 40 CFR Part 51.166.

(

10.3 Subsection 2.18.6 ofthis Rule

is not submitted as a SIP revision.

lOA Section 2.21 ofthis Rule

is not submitted as a SIP revision. For the purposes ofthe SIP, emissions

increment means air quality increment as defmed in Section 2.5 herein.

10.5 Part 5 ofthis Rule

is not submitted as a SIP revision.

* * * * *

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