NSCAPCD: Re gulation 1, Rule 220 DRAFT: 10

- 9

- 14 page 1 of 5 DO NOT CITE OR QUOTE RULE 220

- NEW SOURCE REVIEW STANDARDS (INCLUDING PSD EVALUATIONS)

(a) Emission Analysis

In reviewing an Authority to Construct for any new or modified stationary source subject to the requirements of this

c C hapter II , the Control Officer shall require the applicant to
submit information sufficient to describe the nature and amounts
of emissio ns; the location, design, construction, and operation of the source; and to submit any additional information requested by the Control Officer to make any preliminary determinations as required by Rule 200(c) and the approval determinations required by the provisions of Rule 230.

For the purposes of emission considerations:

(1) Emissions from a proposed new or modified stationary source shall be based on the source's potential to emit any air contaminant subject pollutant for which significant
emission rat es are specified Section 130(s2 ) to regulation
under the Clean Air Act of 1977 . ( Ref: 52.21(b)(4))

(2) Emissions from a proposed modified stationary source shall be based upon the cumulative net emission increase s or reductions that may occur as a result of the
modifications as defined in Rule 130(n1), and considering any limitations enforceable in both Authority to Construct and Permit to Operate conditions, excluding any emission reductions required to comply with federal, state, or district laws, rules, or regulations. ( Ref: 52.21(b)(2&3) as incorporated into Rule 130 )

(3) Actual E e missions from an existing stationary or previously permitted source shall be based on the actual
rate of air contaminant emissions du ring the two year period of operation prior to the date of application. A different averaging period may be used if the applicant
demonstrates to the satisfaction of the Control Officer that it would be more representative of normal source operation. ( Ref : 52.21(b) (3 &21 [YL1] ) as incorporated into Rule

130 ))

(b) New Source Review Procedure

In reviewing an Authority to Construct for any new or modified stationary source which is subject to Rules 490 or 492;NSCAPCD: Re gulation 1, Rule 220 DRAFT: 10

- 9

- 14 page 2 of 5 DO NOT CITE OR QUOTE or for any new or modified stationary source which the Control
Officer estimates will result in a significant net emissions
increase in e missions of any air contaminant regulated under the
Clean Air Act of 1977 , the Control Officer shall pollutant which exceeds the significant emission rates as : (Significant levels

are defined s pecifi ed in Rule 130(s2) ) , the Control Officer

shall:

(1) Determine best available control technology (BACT) for

each increase in of a pollutant which exceeds the significant emission rates specified in Rule 130(s2) air contaminant for which the significance level is exceeded and so inform the applicant. ( Ref : 52.21(b)(12))

(2) Analyze the effect of the new or modified stationary source on air quality for each increase in of a pollutant for which exceeds the significant emission rates specified in Rule 130(s2). air contaminant for which the significance level is exceeded and require that the applicant comply with the preconstruction monitoring requirements of Section 52.21 of the Code of Federal Regulations. ( Ref: 52.21(m))

(3) Determine that the degree of emiss ion limitation required for control of any air pollutant is affected in any manner by

- (i ) So much of the stack height of any source as exceeds good engineering practice, or (ii) Any other dispersion technique.

approved stack height good engineering practice is employed

.

(4) and p P repare or cause to be prepared an air quality analysis that includ es all of the following: (i) Continuous air monitoring , consistent with 40 CFR 52.21(m), that establishes ambient conditions for each pollutant that it would have the potential to emit in a significant amount as specified in Regulation 1, Rule 130 (s2); (ii) Assessment of the effect of increased emissions of
air contaminants on the PSD incre ments ; and (iii) t T he expected net increase above baseline
concentration ; (iv) T he expected impacts on air quality related values in any Class I area, for any proposed new major stationary source or major modification as definedNSCAPCD: Re gulation 1, Rule 220 DRAFT: 10

- 9

- 14 page 3 of 5 DO NOT CITE OR QUOTE in 40 CFR 52.21 (b) Rule 130 , including any
associated vessel emissions ; and (v) The impairment to visibility, soils and vegetation (except vegetation having no commercial or recreational value) , and the impact projected for the area as a result of general commercial, residential, industrial, and other growth
associated with the source or modification

. The Control Officer may accept an analysis conducted pursuant to Regulation 1, Rule 210 if it adequatel y addresses these impairments and impacts.

( 5 4 ) Publish a notice by prominent advertisement in at least one newspaper of general circulation in the District stating where the public may inspect the information required by this Rule. The notice shall include the preliminary determination; present the expected additional and cumulative increment consumption; provide opportunity for a public hearing; and allow 30 days beginning on the date of publication, for the public to submit written

comments on the application proposed Authority to Construct

.

( 6 6 5 ) Make available for public inspection at the District office, the information submitted by the applicant, the analysis of the effect of the source on air quality, and the preliminary decision to grant or deny the Authority to

Construct.

( 7 7 6 ) On the date of publication forward copies of the notice required in paragraph ( 5 4 ) to the Environmental Protection Agency, the California Air Resources Board, all

APC D's Air Pollution Control and Air Quality Management
Districts in the air basin , all or adjoining APCD's the
District in other air basins, and any federal land managers of a Class I area which may experience a significant air quality impact or is within 100 kilometers.

( 8 8 7 ) Hold a public hearing on the project in the event of an air quality controversy and consider all public comments submitted prior to the granting or denial of the Authority

to Construct.

( 9 9 8 ) Transmit copies of the application and n otice of each action affecting the application to EPA . Also transmit copies of the application and notice of action and to theNSCAPCD: Re gulation 1, Rule 220 DRAFT: 10

- 9

- 14 page 4 of 5 DO NOT CITE OR QUOTE federal land managers of any affected Class I areas and allow the manager s of the affected Class I areas to provide a demonstration of adverse impacts

.

( 10 10 9 ) All comments and the final determination on the application shall be available for public inspection.

(c) Power Plant Review Procedures

This section shall apply to all power plants proposed to be
constructed in the District and for which a Notice of Intention (NOI) or Application for Certification (AFC) has been accepted by the California Energy Commission. The Control Officer, pursuant to Section 25538 of the Public Resources Code, may apply for reimbursement of all costs, which may include lost fees, incurred in.

(1) Within fourteen days of receipt of an NOI, the Control Officer shall notify the ARB and the Commission of the District's intent to participate in the NOI proceeding. If
the Distri ct chooses to participate in the NOI proceeding, the Control Officer shall prepare and submit a report to the ARB and the Commission prior to the conclusion of the nonadjudicatory hearings specified in Section 25509.5 of
the Public Resources Code. That r eport shall include, at a
minimum:

( A i ) a preliminary determination of the need for and a specific definition of best available control technology (BACT) for the proposed facility;

( ii B ) a preliminary discussion of whether there is
substantial likelihood that the requirements of Rule 230(a) and all other District regulations can be satisfied by the proposed facility;

( iii C ) a preliminary list of conditions which the proposed facility must meet in order to comply with Rule 230(a) or any other applicable d istrict regulation.

The preliminary determinations contained in the report shall be specific as possible within the constraints of the
information contained in the NOI.

(2) Upon receipt of an Application for Certification (AFC) for a power plant, the Co ntrol Officer shall conduct aNSCAPCD: Re gulation 1, Rule 220 DRAFT: 10

- 9

- 14 page 5 of 5 DO NOT CITE OR QUOTE Determination of Compliance review in accordance with the procedures of Rule 220. If the information contained in the AFC does not meet the requirements of Rule 200(b), the Control Officer shall, within 20 calendar days of re ceipt of the AFC, so inform the Commission, and the AFC shall be considered incomplete and returned to the applicant for
resubmittal.

(3) The Control Officer shall consider the AFC to be equivalent to an application for an Authority to Construct during th e Determination of Compliance review.

(4) The Control Officer may request from the applicant any information necessary for the completion of the Determination of Compliance review. If the Control Officer is unable to obtain the information, he may petition the presiding Commissioner for an order directing the applicant to supply such information.

(5) Within 180 days of accepting an AFC as complete, the Control Officer shall make a preliminary decision on:

( i A ) whether the proposed power plant meets the requirements of Rule 230(a) and all other applicable district regulations; and

( B ii ) in the event of compliance, what permit conditions will be required including specific BACT requirements and a description o f required mitigation
measures; and

( iii C ) complete the new source review requirements of
Rule 230.

(6) Within 240 days of the filing date, the Control Officer
shall submit to the Commission a Determination of Compliance, or if such a determination canno t be issued,
shall so inform the Commission as to the reason for noncompliance.

(7) Any applicant receiving a certificate from the Commission pursuant to this section and in compliance with
all conditions of the certificate shall be issued a Permit to Ope rate by the Control Officer.