### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 1 

### REGULATION 2 PERMITS RULE 2 NEW SOURCE REVIEW

INDEX

2 - 2 - 100 GENERAL

2
- 2
- 101 D escription 

### 2
- 2
- 110 Exemption, Temporary Replacement 2
- 2
- 111 Exemption, PSD Monitoring 2
- 2
- 112 102 Exemption, Emissions From Operation of Abatement Equipment Devices and

Techniques 2
- 2
- 113 Deleted June 15,1994 2
- 2
- 103 Incorporation by Reference of Federal PSD Provisions

2 - 2 - 200 DEFINITIONS

2
- 2
- 20 1 Adjustment to Emission Reduction Credit Reductions for Federal Purposes 

### 2
- 2
- 202 Baseline Area, PSD 2
- 2
- 203 Baseline Concentration, PSD 2
- 2
- 204 Baseline Date, PSD 2
- 2
- 205 Baseline Period, PSD 2
- 2
- 206 Best Available Control Technology (BACT) 2
- 2
- 207 2
- 2
- 20 3 Best Available Retrofit Control Technology (BARCT) 2
- 2
- 20 4 California Coastal Waters 

### 2
- 2
- 208 CEQA 2
- 2
- 209 20 5 Class I Areas, PSD Area 2
- 2
- 20 6 Contemporaneous 2
- 2
- 210 Complete Application 20 7 Creditable 2
- 2
- 20 8 Cumulative Increase 2
- 2
- 2 09 Cumulative Increase Baseline Date 2
- 2
- 21 0 District BACT Pollutant

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 2 2
- 2
- 211 Contiguous Properties Emission Reduction Cre dit 2
- 2
- 21 2 Cumulative Increase Federal Land Manager 2
- 2
- 21 3 EIR Fully Offset Source 2
- 2
- 21 4 Emission Offsets Greenhouse Gases (GHGs) 2
- 2
- 21 5 Facility Hazardous Air Pollutant (HAP) 2
- 2
- 21 6 Feasible Indian Governing Body 

### 2
- 2
- 217 Federal Land Manage r 2
- 2
- 218 Federally Enforceable 2
- 2
- 219 Impact Area 2
- 2
- 220 Major Facility 2
- 2
- 221 2 18 Major Modification of a Major Facility 2
- 2
- 2 19 Net Air Quality Benefit 2
- 2
- 220 Net Emissions Increase 2
- 2
- 221 Offsets 2
- 2
- 22 2 Modeling, PSD Pollutant
- Specific Basi s 2
- 2
- 22 3 Modified Source or Facility PSD Pollutant 2
- 2
- 22 4 Net Air Quality Benefit PSD Project 

### 2
- 2
- 22 5 New Source 2
- 2
- 226 Organic Compound 2
- 2
- 227 Organic Compound, Non

- Precursor (NPOC) 2
- 2
- 228 Organic Compound, Precursor (POC) 2
- 2
- 229 Particulat e Matter (PM) 2
- 2
- 230 PM10 2
- 2
- 231 Point of Maximum Ground Level Impact 2
- 2
- 232 Prevention of Significant Deterioration (PSD) Increments 2
- 2
- 233 Significant Air Quality Impacts, PSD 2
- 2
- 234 Source 2
- 2
- 235 Year, Month, and Day 2
- 2
- 236 Hazardous A ir Pollutant 2
- 2
- 237 Major Facility Review (MFR)

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 3 2
- 2
- 238 Potential to Emit 2
- 2
- 239 Regulated Air Pollutant 2
- 2
- 240 Best Available Retrofit Control Technology (BARCT) 2
- 2
- 241 Replacement Source 2
- 2
- 242 Contemporaneous 2
- 2
- 243 Re asonably Available Control Technology (RACT)

2
- 2
- 22 6 Related Sources 2
- 2
- 227 Significant

2 - 2 - 300 STANDARDS

2
- 2
- 301 Best Available Control Technology Requirement 2
- 2
- 302 Offset Requirements, Precursor Organic Compounds and Nitrogen Oxides , NSR 2
- 2
- 303 Offset Requirem ent Requirement s , PM 2.5 , PM 10 and Sulfur Dioxide , NSR 2
- 2
- 304 PSD BACT Requirement 

### 2
- 2
- 305 Carbon Monoxide Modeling Requirement, 

### PSD 2
- 2
- 306 Non
- Criteria Pollutant Source Impact Analysis , PSD Requirement 2
- 2
- 306 PSD Additional Impacts Analysis Requi rement s 

### 2
- 2
- 307 Denial, Failure 

### Consideration of all Facilities to be in Compliance 2
- 2
- 308 Class I Area Requirements, PSD Impacts 2
- 2
- 308 NAAQS Protection Requirement 2
- 2
- 309 Denial for Air Quality Related Values, PSD Compliance Certification 

### 2
- 2
- 3 1 0 Denial, Failure to Use BACT 2
- 2
- 311 Denial, Failure to Provide Offsets 2
- 2
- 312 Denial, Failure to Meet Permit Conditions 2
- 2
- 313 Offset Requirements, Replacement Sources of Precursor Organic Compounds and

Nitrogen Oxides, NSR 2
- 2
- 314 Federal New Source Review Applicability 2
- 2
- 315 Federal Prevention of Significant Deterioration Applicability 2
- 2
- 316 No Net Increase Status Report

2 - 2 - 400 ADMINISTRATIVE REQUIREMENTS

2
- 2
- 401 Application 2
- 2
- 402 Complete Application Notice to EPA and Federal L and Manager of PSD Applications 

### 2
- 2
- 403 Authority to Construct

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 4 2
- 2
- 404 Authority to Construct, Preliminary Decision 2
- 2
- 405 404 Publication of Notice and Opportunity for Public Comment 2
- 2
- 406 405 Public Inspection 2
- 2
- 407 406 Authority to Construct, Final Action 

### 2
- 2
- 408 Appeal 2
- 2
- 409 Requ irements, Permit to Operate 2
- 2
- 410 407 Issuance, Permit to Operate 2
- 2
- 411 408 Permit to Operate, Final Action 2
- 2
- 412 409 Source Obligation, Relaxation of Enforceable Conditions 

### 2
- 2
- 413 Public Notice, Scho ols 2
- 2
- 414 PSD Air Quality Analysis 2
- 2
- 415 Notice to EPA and Federal Land Managers 2
- 2
- 416 Rep ort, PSD Increment Consumption 2
- 2
- 417 Visibility, Soils, and Vegetation Analysis 2
- 2
- 418 PSD Analysis Stack Heights 2
- 2
- 419 41 0 Permit Conditions 2
- 2
- 420 Semiconductor Fabrication Area, Annual BACT and 41 1 Offset Certification Refunds 2
- 2
- 421 41 2 Demonstration of NOx and POC Offset Deferral, Annual Permit Re newal Program Equivalence 2
- 2
- 41 3 No Net Increase Status Report 2
- 2
- 41 4 BACT Workbook

2 - 2 - 500 MONITORING AND RECORDS 

### 2
- 2
- 501 PSD Pre

- Construction Ambient Air Monitoring 2
- 2
- 502 PSD Po st
- Construction Monitoring

2 - 2 - 600 MANUAL OF PROCEDURES

2
- 2
- 601 Ambient Air Quality Monitoring 2
- 2
- 602 Good Engineering Practice (GEP) Stack Height 

### 2
- 2
- 60 3 PSD Air Quality Evaluation Procedure 2
- 2
- 604 Emission Increase Baseline Emissions Calculation Procedures , New or Modified Sources 2
- 2
- 605 604 Emission Increase /Decrease Calculation Proced ures, New Sources and Changes at

Existing Sources 

### 2
- 2
- 605 Emi ssion Reduction Credits 2
- 2
- 606 Emission Credit Calculation Procedures , Offsets

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 5 2
- 2
- 607 Emission 2
- 2
- 606 Potential to Emit (PTE) Increase Calculation Procedures , Emission

Reduction Credits for Mobile Sources Purposes of Determining Cumulative Increase 2
- 2
- 608 Alternate Emission 607 Cumulative Increase Calculat ion Procedures , Replacement Sources 2
- 2
- 60 8 Facility Un
- Offset Cumulative Increase Calculation Procedures 2
- 2
- 6 09 Official Record of Cumulative Increases and Offsets 2
- 2
- 61 0 Facility Emissions Calcu lation Procedures, Cargo Carriers 2
- 2
- 611 Emission Calculation Procedures, Fugitive Emissions

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 6 

### REGULATION 2 PERMITS RULE 2 NEW SOURCE REVIEW
(Readopted and Renumbered July 17, 1991)

( Adopted _____ , 2012 )

2 - 2 - 100 GENERAL

2 - 2 - 10 1 Description: This Rule shall apply appl ies to all new and modified sources which that

are subject to the requirements of Regulation Section 2
- 1
- 301 and /or 2
- 1
- 302

. The purpose of this Rule is to provide for implement the review of new and modified sources and provide mechanisms , including the use of Best Available Control Technology (BACT) and emission offsets, by which authorities to construct such sources may be granted. This rule shall comply with the no net increase requirements of Section 40919 (b) of the Health and Safety Code as demonstrated by the requirements of Section 2

- 2
- 316. The New Source Review provisions of the federal and California Clean Air Act s (including the federal non

- attainment New Source Review provisions of 40 CFR 51.165 and the , Prevention of Significant Deterioration , and Minor New Source Review provisions of 40 CFR 51.166 are hereby incorporated by reference ) and the no
- net
- increase requirements of the California Health and Safety Code , among other requirements

. (Amended June 15, 1994) 2 - 2 - 11 0 Exempti on, Temporary Replacement: The APCO shall exempt a person from the

requirements of Sections 2

- 2
- 301 of this Rule if the subject of the application is a temporary replacement source that will be in operation at the facility for less than three months from t he date of issuance of the permit to operate or from the date of initial operation. (Amended June 15, 1994) 2 - 2 - 11 1 Exemption, PSD Monitoring: The APCO may exempt an applicant from the

requirements of subsection 2
- 2
- 414.3 provided that the applicant demonstrates by modeling to the satisfaction of the APCO that the cumulative emission increase minus the emission reduction credits from the new or modified facility would cause air quality impacts less than the followi ng, or may exempt an applicant from the requirements of subsection 2
- 2
- 414.3 if the existing ambient air quality concentrations in the impact area are no greater than the following: (micrograms per cubic meter, u g/m 3 ) Carbon monoxide: 8

- hr average 575 PM 10 : 24
- hr average 10 Sulfur dioxide: 24

- hr average 13 Lead: 3
- month average 0.1 Mercury: 24
- hr average 0.25

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 7 Beryllium: 24
- hr average 0.0001 Fluorides: 24
- hr average 0.25 Vinyl chlorides: 24
- hr average 15 Total reduced sulfur: 1
- hr average 10 Hydr ogen sulfide: 1
- hr average 0.2 Reduced sulfur compounds: 1
- hr average 10 Nitrogen dioxide: annual average 14 (Amended June 15, 1994) 2 - 2 - 11 2 2 - 2 - 1 0 2 Exemption, Emissions From Operation of Abatement Equipment Devices And Techniques :

The BACT requirements o f Section 2

- 2
- 301 shall not apply to emissions of second ary pollutants which that are the direct result of the use of an abatement device which complies or emission reduction technique implemented to comply with the BACT or BARCT requirements for control of another pollutant. However, the APCO shall require the use of Reasonably Av ailable Control Technology (RACT) for control of these secondary emissions of such pollutants. (Amended June 15, 1994) 2 - 2 - 113 Deleted June 15, 1994 2 - 2 - 103 Incorporation by Refer ence of Federal PSD Provisions : Where federal PSD

provision s in 40 C.F.R. Section 52.21 are incorporated by reference in this Rule, all associated procedures, definitions, and other regulatory provisions in the Code of Federal Regulations applicable for im plementing such provision s are also incorporated by reference and shall be followed and applied by the APCO in implementing such provision s , including but not limited to all of the implementing definitions set forth in 40 C.F.R. Sect ion 52.21(b), which inc lude th e definitions in Sections 52.21(b)( 13 ) (baseline concentration), 52.21(b)(14) (major source baseline date), 52.21(b)(15) (baseline area) , 52.21(b)(18) (secondary emissions) , and 52.21(b)(50) (subject to regulation)

. Where such regulatory provision s are incorporated by reference, the incorporation is to the version of that regulatory provision in effect upon <date of adoption of proposed amendments>

.

2 - 2 - 200 DEFINITIONS

2 - 2 - 20 1 Emission Reduction Credit: Except as provided by subsection 2
- 2
- 201.3 a n

emission reduction, calculated in accordance with Section 2

- 2
- 605, which exceeds the emission reductions required by measures in the current Clean Air Plan approved by the BAAQMD or required by federal, state, or District laws, rules, and regulations. To qualify as an emission reduction credit, the emission reduction must be in excess of the reductions achieved by, or achievable by, the source using Reasonably Available Control Technology (RACT), and must also be real, permanent, quantifiable, and enforce able. 201.1 Unless calculated in accordance with the procedures of Section 2

- 2
- 605, that

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 8 portion of an NSR emission cap, which was part of an APCO approved alternative baseline, shall not qualify as an emission reduction credit. 201.2 All emission reduct ion credits shall be enforceable by permit conditions in the authority to construct and permit to operate, except that, in the case of source closures where no permit is required for the source being shut down, the emission reduction credit shall be enforc eable through appropriate contractual provisions in a legally binding and irrevocable written agreement in which provisions will be made expressly for the benefit of the District. 201.3 For the purpose of complying with the PSD requirements of Sections 2

- 2
- 111, 304, 305, 306, 308 of this Rule and 40 CFR 51.166, emission reduction credits shall not be adjusted for reductions required by measures in the current Clean Air Plan approved by the BAAQMD which exceed the reductions required by use of Reasonably Av ailable Control Technology (RACT). The permanence of a closure shall be identified in a letter from the source and/or in a Banking Certificate. (Amended June 15, 1994) 2 - 2 - 201 Adjustment to Emission Reductions for Federal Purposes : An adjustment made,

for purposes of the equivalence demonstration in 2
- 2
- 41 2 , to an emission reduction due to changes in federal requirements between issuance of a banking certificate and its use. The adjustment is made as if the source p roviding the offsets were in operation, at the original baseline levels, on the date of credit use. 

### 2 - 2 - 2 02 Baseline Area, PSD: All intrastate Air Quality Control Regions, as defined in 40 CFR

52.21, (and every part thereof) designated as attainment or unc lassifiable under 107(d)(1)(D) or (E) of the Clean Air Act in which a source establishing a baseline date would construct or would have an air quality impact equal to or greater than 1 μg/m3 (annual average) of the pollutant for which the baseline date is established. 2 - 2 - 20 3 Baseline Concentration, PSD: The ambient concentration level which exists in the

baseline area at the time of establishment of the applicable baseline date. A baseline concentration is determined for each pollutant for which a baselin e date is established. The baseline concentration shall include the actual emissions representative of sources in existence on the applicable baseline date. 2 - 2 - 20 4 Baseline Date, PSD: The earliest date after December 20, 1977, for sulfur dioxide

and part iculate matter, or after February 8, 1988, for nitrogen dioxide, for each baseline area on which the first complete application under Section 2

- 2
- 304 is submitted or was submitted to EPA under 40 CFR 52.21. The baseline date is established for each polluta nt for which PSD increments have been established. 2 - 2 - 20 5 Baseline Period, PSD: The period against which a change in emissions is to be

measured. 2 - 2 - 206 Best Available Control Technology (BACT): For any An emission limitation, control device, or control technique applied at a source or modified source, except cargo carriers, that is the more m ost stringent of: 206 202 .1 The most effective emission control device or technique which that has been successfully utilized for the type of equipment comprising such a source; or 206 202 .2 The most stringe nt emission limitation achieved by an emission control device or technique for the type of equ ipment comprising such a source ; or 206 202 .3 Any emission The most effective control device or technique or most stringen t emission limitation that the APCO has determined to be technologically feasible and for a source, taking into consideration cost
- effective by the APCO effectiveness, any ancillary health and environmental impacts , and energy requirements ; or

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 9 206 202

. 4 The most effective emission control limitation for the type of equipment comprising such a source which the EPA states, prior to or during the public comment period, that is contained in an approved implementation plan of any state, unless the applicant demons trates to the satisfaction of the APCO that such limitations are not achievable. Under no circumstances shall the emission control required be less stringent than the emission control required by any applicable provision of federal, state or District laws , rules or regulations. limitation is not achievable. The APCO shall periodically publish and update, a BACT Workbook specifying the requirements for commonly permitted sources. BACT will be determined for a source by using the workbook as a guidance docu ment or, on a case
- by
- case basis, using the most stringent definition of this Section 2

- 2
- 206. Under no circumstances shall BACT be less stringent than any emission control required by any applicable provision of federal, state or District laws, rules or regulations. 2 - 2 - 20 3 Best Available Retrofit Control Technology (BARCT): An emission limitation that

has been adopted or proposed to be adopted as part of the current Clean Air Plan approved by the District pursuant to the California Clean Air Act of 198 8 as implementing the maximum degree of emissions reduction achievable by a class or category of source , taking into account environmental, energy and economic impacts. 2 - 2 - 207 2 0 4 California Coastal Waters: That The area between the California

- bounded by ( i) the

coast of the State of California and (ii) the line established by starting at the point on the California coast at the California

- Oregon border at the Pacific Ocean , and proceeding : thence to 40.0°N, 125.5°W;

thence to 39.0°N, 125.5°W; thence to 3 8.0°N, 124.0° 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 thence to an ending point on the California coast at the Californi a - Mexico border at the Pacific Ocean:

.

thence to 42.0oN 125.5°W thence to 41.0°N 125.5°W thence to 40.0°N 125.5°W thence to 39.0°N 125.5°W thence to 38.0°N 124.0°N

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 10 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 2 - 2 - 208 CEQA: The California Environmental Quality Act, Public Resources Code, Section

21000, et seq., and the CEQA guidelines, Title 14, California Code of Regulations, Secti on 15000, et seq. (Amended May 17, 2000) 2 - 2 - 209 2 - 2 - 2 0 5 Class I Areas, PSD Area : Point Reyes National Seashore and any other area

designated as a Class I Area under Part C of the Clean Air Act. All other areas in the District are Class II Areas. 2 - 2 - 210 Complete Application: An application for an Authority to Construct a new or

modified source which contains the following: 2 10 .1 Sufficient information for the APCO to determine the emissions from such new or modified source and to quantify emissions from the proposed source(s) of offsets. 210.2 Any information requested by the APCO in order to determine the air quality impact of such new or modified source or facility. 210.3 Fees for New and Modifi ed Sources, as described in Regulation 3

- 302. 210.4 The information required by Sections 2

- 2
- 414 and 417 provided the application is subject to the PSD requirements of Section 2

- 2
- 304, 305, or 308. 210.5 CEQA

- related information which satisfies the require ments of Regulation 2
- 1
- 426. 210.6 A certification stating whether the source triggers the requirements of Section 2
- 2
- 413. 210.7 A specific designation of all information contained in the application that is asserted to be a trade secret pursuant to Secti on 6254.7 of the Government Code and not a public record. Such designated information shall be provided in such a manner whereby it may be easily separated from information which is not asserted to be a trade secret. The applicant shall include, for each separate portion of the application which is asserted to be a trade secret, a statement signed by a responsible representative of the applicant identifying that portion of Government Code Section 6254.7(d) upon which the assertion is based and a brief sta tement setting forth the basis for this assertion. (Amended November 20, 1991) 2 - 2 - 211 Contiguous Properties: Two or more parcels of land with a common boundary or

separated solely by a public roadway or other public right
- of
- way. 2 - 2 - 212 2 - 2 - 20 6 Contem poraneous: Oc c urring (i) within a five year period of time immediately prior

to the date of a complete application for an authority to construct or permit to operate for a source ; or (ii) on or after the date of a complete application for an authority to c onstruct or per mit to operate but prior to initial operation of the source (or for a source that is a replacement unit, as defined in 40 C.F.R. Section 51.165(a)(1)(xxi) , that will replace an existing source in whole or in part, with respect to emission re duction credits being generated by the shutdown of the existing source being replaced, 90 days after initial operation of the replacement unit )

. 2 - 2 - 20 7 Creditable: For purposes of determining the net emissions increase associated with

a new or modified s ource (or group of sources) under Section 2

- 2
- 220, a n emission increase or decrease is creditable if it has not been relied on by a permitting agency in issuing a PSD permit, including a federal PSD permit or an authority to construct applying the PSD prov isions of Sections 2

- 2
- 304 through 2
- 2
- 307, which permit is still in effect at the time of initial operation of the source(s)

.

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 11 

### 2 - 2 - 2 0 8 Cumulative Increase: The aggregate sum of all increases in emissions of any

given 

### increase in the potential to emit a pol lutant from a facility pursuant to authorities 

### authorized by an authority to construct or permits 

### permit to operate issued after April 5, 1991 (unless a PSD Baseline Date is applicable), excluding 

### measured against prior actual or potential emissions from a so urce which has lost its permit exemption per Regulation 2
- 1
- 424. (Amended 6/15/94; 10/7/98) 2 - 2 - 213 EIR: Environmental Impact Report, as defined in Section 21061 of the Public

Resources Code. 2 - 2 - 21 4 Emission Offsets: Emission reduction credits which a re used to mitigate cumulative

increases of emissions. Emission offsets are emission reduction credits, from the District Emissions Bank, approved in accordance with Regulation 2, Rule 4, or , less any contemporaneous onsite emission reduction credits occu rring after the submittal of an application for a new or modified source but prior credited to the issuance of the authority to construct or permit to operate any such source , calculated in accordance with Section 2

- 2
- 605. Notwithstanding any existing permi t conditions, that portion of an NSR emission cap, which was based on an APCO approved alternative baseline, may not be used as a source of offsets unless the proposed reduction is calculated in accordance with procedures specified in Section 2

- 2
- 605 the pr ocedures set forth in Section 2

- 2
- 60 7

. (Amended June 15, 1994) 2 - 2 - 21 5 Facility: Any property, building, structure or installation (or any aggregation of

facilities) located on one or more contiguous or adjacent properties and under common ownership or c ontrol of the same person that emits or may emit any air pollutant and is considered a single major industrial grouping (identified by the first two
- digits of the applicable code in The Standard Industrial Classification Manual ). In addition, facilities wh ich include cargo loading or unloading from cargo carriers other than motor vehicles shall include the cargo carriers as part of the source which receives or loads the cargo. Accordingly, all emissions from such carriers while operating in the District, or within California Coastal Waters adjacent to the District, shall be included as part of the source emissions. 215.1 For determining the cumulative increase at a facility subject to the offset requirements of Sections 2

- 2
- 302 and 303, related sources on a single property or contiguous properties, even though under different ownership, or related sources on non
- contiguous properties under the same ownership shall be considered one facility. Related sources are those sources where the operation of one is dep endent upon or affects the operation of the other. 215.2 Notwithstanding the definition in Section 2

- 2
- 215 above, the emissions related to cargo carriers shall not be included when determining applicability of the requirements of Sections 2

- 2
- 304, 2
- 2
- 308 , 2
- 6
- 301, and 2
- 6
- 310. 215.3 For determining the cumulative increase at a facility subject to the offset requirements of Sections 2

- 2
- 302 and 303, facilities under the same ownership or entitlement to use that are located within a distance of three miles , property line to property line, shall be considered one facility if the facilities have the same first two digits in their Standard Industrial Classification codes, as determined from The Standard Industrial Classification Manual

. (Amended November 3 , 1993) 2 - 2 - 21 6 Feasible: Capable of being accomplished in a successful manner within a

reasonable period of time, taking into account economic, environmental, legal, social and technological factors, not in conflict with the mandated responsibilities and duties of the District. 2 - 2 - 21 7 2 - 2 - 2 09 Cumulative Increase Baseline Date : April 5, 1991, for all pollutants except PM 2.5 ; and < effective date of revised regulation > for PM 2.5 .

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 12 2 - 2 - 2 1 0 District BACT Pollutant : P recursor organic compounds (POC), non

- precur sor

organic compounds (NPOC), oxides of nitrogen (NOx), sulfur dioxide (SO 2 ), PM 10 , PM 2.5 , and carbon monoxide (CO). 2 - 2 - 21 1 Emission Reduction Credit: E mission reductions associated with a physical

change, change in method of operation, change in throughp ut or production, or other similar change at a source that are in excess of the reductions required by applicable regulatory requirements, and that are real, permanent, quantifiable, and enforceable, as calculated in accordance with Section 2

- 2
- 605

. 2 - 2 - 21 2 Federal Land Manager: With respect to any lands in the United States, the Secretary

of the department with authority over such lands

. , or a subordinate acting under the authority of such Secretary

. 2 - 2 - 21 8 Federally Enforceable: All limitations and cond itions which are enforceable by the

Administrator of the U. S. EPA, including requirements developed pursuant to 40 CFR Parts 60 (NSPS), 61 (NESHAPS), 63 (HAP), 70 (State Operating Permit Programs) and 72 (Permits Regulation, Acid Rain), requirements conta ined in the State Implementation Plan (SIP) that are applicable to the District, any District permit requirements established pursuant to 40 CFR 52.21 (PSD) or District regulations approved pursuant to 40 CFR Part 51, Subpart I (NSR), and any operating per mits issued under an EPA
- approved program that is a part of the SIP and expressly requires adherence to any permit issued under such program. (Amended November 3, 1993) 2 - 2 - 219 I mpact Area: The area in which a new or modified facility would have a signi ficant air

quality impact. 2 - 2 - 220 Major Facility: Any facility which the APCO determines to emit, on a pollutant

specific basis, or determines will emit as a result of the issuance of an authority to construct, 100 tons per year or more of a specific po llutant subject to regulation under the federal Clean Air Act is 2 - 2 - 21 3 Fully Offset Source : A source with a n emission cap or emission rate contained in a permit condition for which the permit applicant provided offsets and/or contemporaneous on

- site emis sion reduction credits for the entire amount of the emission cap or emission rate . A source for which the District provided offsets from the Small Facility Banking Account is not a fully offset source (except where the District has been fully reimbursed f or any offsets from the Small Facility Banking Account)

. 2 - 2 - 21 4 Greenhouse Gases (GHGs) : T he air pollutant that is defined in 40 C.F.R. Section

86.1818
- 12(a), which is a single air pollutant made up of a combination of the following six constituents: carb on dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. GHG emissions shall be measured (i) based on total mass for purposes of determining whether a facility exceeds the 100/250 ton major PSD facility thresholds under Section 2

- 2
- 22 4 .1; and (ii) as CO 2 equivalent emissions (CO 2 e) according to the methodology set forth in 40 C.F.R. Section 52.21(b)(49)(ii) for determining whether the emissions constitute a PSD pollutant as defined in Section 2

- 2
- 22 3 , are regulated NSR pollutants as defined in 40 C.F.R. Section 52.21(b)(50) , or constitute significant emissio ns as defined in Section 2

- 2
- 22 7 .1

. 2 - 2 - 21 5 Hazardous Air Pollutant (HAP): Any pollutant that is listed pursuant to Section

112(b) of the federal Clean Air Act.

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 13 2 - 2 - 21 6 Indian Governing Body: The governing body of any tribe, band, or group of Indians

subject to the jurisdiction of the United States and recognized by the United States as possessing power of self
- government

. 2 - 2 - 217 Major Facility: For purposes of the New Source Review requirements of Regulation 2, Rule 2 , a major facility for that pollutant. 220.1 Major Facility, MFR (Regulated Air Pollutants): A is a facility that has the potential to emit 100 tons per year or more of any regulated air pollutant. For fugitive emissions of said pollutants, only those facilities from categories listed in 40 CFR 70.2 "Definitions

- Major source (2)" shall be included for determining whether the facility is a major facility. Once any facility is determined to be a major facility, all fugitive emissions from the facility POC, NOx, SO 2 , PM 10 , PM 2.5 , and/or CO. Fugitive emissions shall be included in calculating the facility's emissions. 220.2 Major Facility, MFR (Hazardous Air Pollutants): A facility that has the potenti al to emit 10 tons per year or more of a single hazardous air pollutant or 25 tons per year or more of a combination of hazardous air pollutants, or such lesser quantity as the EPA Administrator may establish by rule. All fugitive emissions of hazardous ai r pollutants are included in determining a facility's potential to emit. For radionuclides, the definition of a major facility shall be specified by the EPA Administrator by rule. 220.3 Major Facility, PSD: A facility, subject to any requirement of Sectio n 2
- 2
- 304, 305,

306, 308 or 309, which emits or has the potential to emit 100 tons per year or more of any air pollutant if, it is facility’s potential to emit under this Section if and only if the facility is in one of the twenty eight ( 28 ) PSD source cat egories listed in Section 169(1) of the federal Clean Air Act, or 250 tons per year or more for an unlisted category, Clean Air Act. A physical change at a facility that does not otherwise qualify as a major facility is a new major facility if the change w ould constitute a major facility by itself. (Amended November 3, 1993; Amended June 15, 1994) 2 - 2 - 221 218 Major Modification of a Major Facility: Any modification * : A new source as defined

in Section 2

- 1
- 232, or a modified source as defined in Section 2
- 1
- 234, or any c ombination of such new and modified sources at a facility that are part of a single common project, that (i) are or will be located at a n existing major facility that the APCO determines and (ii) will cause an increase of the facility's in e missions by the of a pollutant for which the facility is a major facility , calculated according to Section 2

- 2
- 604, of the following amounts or more:

POC: 40 tons per year NOx: 40 tons per year SO2: 40 tons per year PM10: 15 tons per year CO: 100 tons per year (Amended June 15, 1994) 2 - 2 - 22 2 Modeling, PSD: Estimates of ambient concentrations of pollutants based on

applicable air quality models, data bases and other requirements acceptable to the APCO. For modeling required by Sections 2

- 2
- 304 th rough 308 and 414, the air quality models, data bases and other requirements shall also be in accordance with the "Guideline on Air Quality Models", EPA

- 450/2

- 78
- 027R, July 1986 or as revised). Where an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the model may be modified or another model substituted provided that written approval from the Administrator of the EPA is obtained and the application is submitted for public comment in accordance with Section 2

- 2
- 405. Methods such

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 14 as those outlined in the "Workbook for the Comparison of Air Quality Models", April 1977 (or as revised) shall be used to determine the comparability of air quality models. For modeling compliance with air quality standards, other than fe deral ambient air quality standards or federal PSD increments, applicable models must be approved by the APCO. 2 - 2 - 22 3 Modified Source or Facility: Any existing source or facility which will undergo a

physical change, change in the method of operation of, or addition to an existing facility which results or may result in either an increase, of the permitted emission level of a source, of any air pollutant subject to District control, or the emission of any such air pollutant not previously emitted in a qua ntity which would cause the source to fail an air toxic screening analysis performed in accordance with the current Air Toxic Risk Screening Procedure. Routine maintenance or repair or a change in ownership of itself shall not be considered a modification. Unless previously limited by a permit condition the following shall not be considered changes in method of operation: 223.1 An increase in the production rate if such increase does not exceed the operating design capacity or the actual demonstrated capac ity of the facility as approved by the APCO. 223.2 An increase in the hours of operation. 223.3 Change in ownership. 223.4 Use of an alternative fuel or raw material if the source was capable of using such fuel or raw material prior to July 1, 1972, or ha d received permits to use such fuel or raw material

. (Amended June 15, 1994) 2 - 2 - 224 POC: 40 tons per year NOx: 40 tons per year SO 2 : 40 tons per year PM 10 : 15 tons per year PM 2.5 : 10 tons per year CO: 100 tons per year *Note that the term “Major Modification” is not used in Regulation 2, Rule 2 for purposes of applying the Rule’s PSD requirements. The term “PSD Project” is used instead to define new facilities and modifications to existing facilities that are subject to the Rule’s PSD requirements

. See Section 2

- 2
- 2 24

. 2 - 2 - 219 Net Air Quality Benefit: A net improvement of air quality as determined by the APCO

resulting from emission reduction credits impacting the same general area affected by the new or modified source and which will be consisten t with reasonable further progress towards the attainment of the applicable air quality standard. (Amended June 15, 1994) 2 - 2 - 225 New Source: A source which meets at least one of the following criteria shall be

considered a new source: 22 5 .1 Except sour ces which lose a permit exemption in accordance with Regulation 2
- 1
- 424, any source constructed or proposed to be constructed after March 7, 1979 which never had a valid District authority to construct or permit to operate. 225.2 Any source which was not i n operation for a period of one year or more and did not hold a valid District permit to operate during this period of non
operation, occurring after March 7, 1979.

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 15 225.3 Any relocation of an existing source to a non
- contiguous property. 225.4 Any replacem ent of a source, including an identical replacement of a source, occurring after March 7, 1979, regardless of when the original source was constructed. 225.5 Except as provided in Section 2

- 2
- 420, any replacement of an identifiable source within a group of sources permitted together under a single source number for the purpose of District permitting convenience. This specifically includes the replacement of identifiable pieces of pollutant emitting equipment which comprises a semiconductor fabrication area

. 2 - 2 - 226 Organic Compound: Any compound of carbon, excluding carbon monoxide, carbon

dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate and methane. 2 - 2 - 227 Organic Compound, Non - Precursor (NPOC): The following are considered n on precursor organic compounds: methylene chloride; chloropentafluoroethane (CFC

- 115); 1,1,1

- trichloroethane; 1,1,1
- trifluoro 2,2
- dichloroethane (HFC

- 123); 2

- chloro
- 1,1,1,2
- tetrafluoroethane (HCFC

124); trichlorofluoromethane(CFC

- 11); 1,1,2

- trichloro 1,2,2
- trifluoroethane (CFC

- 113); pentafluoroethane (HFC

- 125); 1,1,2,2

- tetrafluororoethane (HFC

- 134); 1,1,1,2

- tetrafluorethane (HFC

- 134a); dichlorodifluoromethane (CFC

- 12); 1,1

- dichloro 1
- fluoroethane (HFC

- 141b); 1

- chloro 1,1
- difluoroethane (HCFC

- 142b); 1,1,1

- tr ifluoroethane (HFC

- 143a); 1,2

- dichloro 1,1,2,2
- tetrafluorethane (CFC

- 114); 1,1

- difluoroethane (CFC

- 152a); chlorodifluoromethane (HCFC

- 22); trifluoromethane (HFC

- 23), and perfluorocarbons which fall into these classes: (1) Cyclic, branched, or linear, compl etely fluorinated alkanes, (2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations, (3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and (4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. In addition, any compound designated as having a negligible contribution to photochemical reactivity by the U.S. Environmental Protection Agency as published in the Federal Register shall be considered a Non
- Precursor Organic Compound. (Amended June 15, 1994 ) 2 - 2 - 228 Organic Compound, Precursor (POC): Any organic compound as defined in

Section 2

- 2
- 226 excepting the non
- precursor organic compound defined in Section 2

- 2
- 227. 2 - 2 - 22 9 Partic ulate Matter (PM): Any airborne finely divided solid or liquid material with an

aerodynamic diameter smaller than 100 microns. 2 - 2 - 2 30 PM 10 : Particulate matter with aerodynamic diameter smaller than or equal to a

nominal 10 microns. 2 - 2 - 231 Point of Maxim um Ground Level Impact: The ground level geographic location

where the projected air pollution concentrations for a given pollutant resulting from the new or modified facility emissions together with the background pollutant concentration for that given po llutant results in the maximum ground level pollutant concentration. The background pollutant concentration means the ambient concentration level resulting from the actual emissions of sources in existence and the projected ambient concentration levels for sources already permitted but not yet in operation. If the general public is effectively excluded from the property on which the point of maximum ground level impact is located, and the property is owned or controlled by the owner of the new or modified f acility, such property shall not be considered as the point of maximum ground level impact. 2 - 2 - 232 Prevention of Significant Deterioration (PSD) Increments: In areas designated as

Class I, II or III, increases in pollutant concentration over the baselin e concentration shall be limited to the following:

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 16 

### MAXIMUM ALLOWABLE INCREASE (micrograms per cubic meter, μg/m 3 

### )

CLASS I POLLUTANT Particulate Matter: PM 10 Annual arithmetic mean 4 PM 10 24
- hr maximum 8 Sulfur Dioxide: Annual arithmetic mean 2 24
- hr maximum 5 3
- hr maximum 25 Nitrogen Dioxide: Annual arithmetic mean 2.5 CLASS II Particulate Matter: PM 10 Annual arithmetic mean 17 PM 10 24
- hr maximum 30 Sulfur Dioxide: Annual arithmetic mean 20 24
- hr maximum 91 3
- hr maximum 512 Nitrogen Dioxide: Annual arithmetic mean 25

CLASS III Particulate Matter: PM 10 Annual arithmetic mean 34 PM 10 24
- hr maximum 60 Sulfur Dioxide: Annual arithmetic mean 40 24
- hr maximum 182 3
- hr maximum 700 Nitrogen Dioxide: Annual arit hmetic mean 50 For any period other than an annual period, the applicable increase may be exceeded during one such period per year at any one location. (Amended June 15, 1994) 2 - 2 - 233 Significant Air Quality Impacts, PSD: Ambient air concentrations, res ulting from

new or modified facility emissions, that exceed any of the following levels:



### SIGNIFICANT AIR QUALITY IMPACTS (MICROGRAMS PER CUBI C METER, μG/M 3 

### ) POLLUTANT Particulate Matter: PM 10 , Annual arithmetic mean 1.0 PM 10 , 24
- hr maximum 5 Sulf ur Dioxide: Annual arithmetic mean 1.0 24
- hr maximum 5

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 17 3
- hr maximum 25 Nitrogen Dioxide: Annual arithmetic mean 1.0 1
- hr maximum 19 Carbon Monoxide: 8
- hr maximum 500 1
- hr maximum 2000 (Amended June 15, 1994) 2 - 2 - 234 Source: Any article, machine, equipment, operation, contrivance or related groupings

of such which may produce and/or emit air pollutants. 2 - 2 - 235 Year, Month, and Day : Unless otherwise defined, a year shall be any rolling 365

consecutive day period, a month shall be any rolling 31 consecutive day period and a day shall be any rolling 24 consecutive hour period. 2 - 2 - 236 Hazardous Air Pollutant (HAP): Any pollutant that is listed pursuant to Section

112(b) of the federal Clean Air Act. (Adopted 11/3/93; Amended 5/17/00) 2 - 2 - 237 Major Facility Review (MFR): Plantwide review of sources, emissions and regulatory

requirements at facilities including, but not limited to, major facilities, phase II acid rain facilities, subject solid waste incinerator facilities, des ignated facilities, and synthetic minor facility candidates, which are potentially subject to the permitting requirements of Regulation 2, Rule 6, and Title V of the federal Clean Air Act. (Adopted November 3, 1993) 2 - 2 - 238 Potential to Emit: The maximum capacity of a source or facility to emit a pollutant

based on its physical and operational design. Any physical or operational limitation on the capacity of the facility to emit a pollutant, including air pollution control equipment and restrictions on ho urs of operation or on the type or amount of material combusted, stored, or processed, shall be treated as a part of its design only if the limitation, or the effect it would have on emissions, is federally enforceable

. (Adopted November 3, 1993 ) 2 - 2 - 239 Regulated Air Pollutant: The following air pollutants are regulated:

2 39 .1 Nitrogen oxides and volatile organic compounds; 2 39 .2 Any pollutant for which a national ambient air quality standard has been promulgated; 2 39 .3 Any Class I or Class II ozone deple ting substance subject to a standard promulgated under Title VI of the federal Clean Air Act; 2 39 .4 Any pollutant that is subject to any standard promulgated under Section 111 of the federal Clean Air Act; and 2 39 .5 Any pollutant that is subject to any sta ndard promulgated under Section 112 of the federal Clean Air Act. (Adopted November 3, 1993)

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 18 2 - 2 - 240 Best Available Retrofit Control Technology (BARCT): An emission limitation that

is based on the maximum degree of reduction achievable, taking into accoun t environmental, energy and economic impacts by each class or category of source and has been adopted or proposed to be adopted as part of the current Clean Air Plan required by the California Clean Air Act of 1988. (Adopted June 15, 1994) 2 - 2 - 241 Replacement Source: An identical source or a functionally equivalent source. (Adopted June 15, 1994) 2 - 2 - 242 Contemporaneous: The five year period of time immediately prior to the date of

application for an authority to construct or permit to operate. (Adopted June 15, 1994) 2 - 2 - 243 2 - 2 - 220 Net Emissions Increase: For purposes of applying the PSD provisions and

NAAQS Protection requirements of this Rule, a net emissions increase from a new source or modified source (or group of such sour ces) is the sum of the new emissions from the new source(s) and/or the increase in emissions from the modified source(s), plus any other creditable contemporaneous emissions increases at the facility calculated according to Section 2

- 2
- 604, less any other creditable contemporaneous emissions decreases at the facility calculated according to Section 2
- 2
- 604. 2 - 2 - 22 1 Offsets: Offsets are any of the following:

2 2 1 .1 banked emission reduction credits approved in accordance with District Regulation 2, Rule 4; or 2 2 1 .2 banked emission reduction credits from adjacent Districts if the applicant demonstrates that the requirements of Clean Air Act Section 173(c)(1) (42 U.S.C. Section 7503(c)(1)) and Health and Safety Code Section 40709.6 have been met or do not apply; that are provided to compensate for cumulative increases in emissions pursuant to Section 2

- 2
- 302 or 2
- 2
- 303. 2 - 2 - 22 2 Pollutant - Specific Basis : A term used to describe a regulatory requirement

governing multiple pollutants. If a regulatory requirement ap plies on a pollutant
specific basis, the requirement applies only for the individual pollutant(s) for which a source or facility meets the relevant applicability criteria, and does not apply for pollutant(s) for which the source or facility does not meet t he relevant applicability criteria. 2 - 2 - 22 3 PSD Pollutant : Any Regulated NSR Pollutant as defined in EPA’s PSD Regulations

at 40 C.F.R. Section 5 2

. 21 (b)( 50 ) , except pollutant s for which the San Francisco Bay Area has been designated as non
- attainment of a California or National Ambient Air Quality Standard. If a pollutant is subject to both federal and California ambient air quality standards, the pollutant shall be treated as a PSD Pollutant for (and only for) the ambient air quality standard(s) for which the San Francisco Bay Area has not been designated as non
- attainment. 2 - 2 - 22 4 PSD Project : A new source as defined in Section 2

- 1
- 232, or a modified source as

defined in Section 2

- 1
- 234, or a combination of suc h new or modified sources that are part of a s ingle common project , that meets all of the following criteria:

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 19 2 2 4 .1 Major PSD Facility : The source (s) are or will be located at a facility that has the potential to emit 100 tons or more per year of any PSD pollutant * (including fugitive emissions) if it is in one of the 28 categories listed in Section 169(1) of the Clean Air Act, or 250 tons or more of any PSD Pollutant * (not including fugitive emissions) if it is not in a listed category ; and 22 4 .2 Significant Increase in Emissions of PSD Pollutant : Th e new emissions from the new source (s) and/ or the increase in emissions from the modified source (s) calculated according to Section 2

- 2
- 604 constitute significant emissions of any PSD pollutant as defined in Section 2

- 2
- 2 2 7 .1 ; and 22 4 .3 Significant Net Inc rease in Emissions of PSD Pollutant : The net emissions increase associated with the new or modified source(s) , as defined in Section 2
- 2
- 220 , constitute significant emissions of any PSD pollutant as defined in Section 2

- 2
- 22 7 .1

. Any physical change or cha nge in method of operation that takes place at a facility that does not meet the Major PSD Facility crit eria specified in subsection 22 4 .1 , but which change would constitute a Major PSD Facility under the criteria in subsection 224.1 by itself, is a PSD Pr oject.
*Note that for purposes of applying the 100/250 ton

- per - year major PSD facil

ity threshold in Section 2

- 2
- 22 4 .1, the term PSD pollutant is defined to exclude GHGs where they are emitted in an amount of less than 100 ,000 tons CO 2 e per year
. Thus, f

or a facility to satisfy the m ajor PSD f acility test in Section 2

- 2
- 22 4 .1 based on its GHG emissions, the GHG emissions (i) must be over 100,000 tons per year CO 2 e for the emissions to constitute a PSD pollutant, and (ii) must be over the 100/250 ton absolut e mass threshold for the facility to constitute a major emitter of that pollutant

. See Section 2

- 2
- 22 3 ; see also 40 C.F.R. § 52.21(b)(50)(iv) and 40 C.F.R. § 52.21(b)(49) (iv)& (v). 2 - 2 - 22 5 Reasonably Available Control Technology (RACT) : For sources which t hat are to

continue operating, RACT is the lowest emission limit that can be achieved by the specific source by the application of control technology taking into account te chnological feasibility and cost
- effectiveness, and the specific design features or extent of necessary modifications to the source. For sources which are or will be shut
down, RACT is the lowest emission limit that can be achieved by the application of control technology to similar, but not necessarily identical categories of sources, ta king into account technological feasibility and cost
- effectiveness of the application of the control technology to the category of sources only and not to the shut
- down source. (Adopted June 15, 1994)

2 - 2 - 2 26 Related Sources : Two or mor e sources where the operation of one is dependent

upon, supports or affects the operation of the other(s). 2 - 2 - 22 7 Significant : The term “significant” has the following meanings when used in the

following contexts: 22 7 .1 For determining whether an increas e in emissions of a PSD pollutant is “significant” for purposes of the PSD provisions of this Rule, the increase is significant :

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 20 1.1 if it exceed s the values specified in the following table , or for a PSD pollutant that is not listed in the following tabl e, if it is greater than zero ; or 1.2 if it is from a source that is or would be located within 10 kilometers of a Class I area , and it would have an impact in such Class I area equal to or greater than 1 μ g/m 3 (24

- hour average). 22 7 .2 For determining whet her an increase in emissions is “significant” for purposes of the NAAQS Protection R equirement in Section 2

- 2
- 308 and the public notice requirement in Section 2

- 2
- 404, the increase is significant if it exceeds the values specified in the following table.

Pollutant Significant Emissions Rate kg/yr (ton/yr) Carbon monoxide 90,500 (100) Nitrogen oxides 36,200 (40) Sulfur dioxide 36,200 (40) Total particulate matter 22,680 (25) PM 10 13,575 (15) PM 2.5 * 9050 (10) VOC * 36,200 (40) GHGs* * 67 , 8 75,000 * * ( 7 5,000 * * ) Lead 530 (0.6) Fluorides 2720 (3) Sulfuric Acid Mist 6350 (7) Hydrogen Sulfide 9050 (10) Total Reduced Sulfur 9050 (10) Reduced Sulfur Compounds 9050 (10) Municipal waste combustor 3.2 x 10 - 3 ( 3.5 x 10 - 6 )

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 21 organics Municipal waste combust or metals 13,575 (15) Municipal waste combustor acid gases 36,200 (40) Municipal solid waste landfill emissions 45,250 (50)

*Pollutants for which the Bay Area is des ignated as non
- attainment of a NAAQS are not subject to the PSD requirements in Section s 2
- 2
- 304 through 2
-

2
- 307 by operation of 40 C.F.R. Section 52.21(i)( 2). PM 2.5 and VOC (as an ozone precursor) are therefore not subject to these PSD requirements as long as the Bay Area remains non - attainment for any PM 2.5 or ozone NAAQS, respectively.

* * Per Section 2

-

2
- 21 4 , emissions of GHGs are measured as CO 2 e for purposes of determining whether an emissions increase exceeds this significance threshold

. Per Section 2
- 2
- 22 3 and 40 C.F.R. Sections 52.21(b)(50)(iv) and 52.21(b)(49) (iv)& (v) , increases i n GHG emissions of less than 75,000 tons per year CO 2 e are excluded from the definition of PSD pollutant and are not subject to the PSD requirements of Regulation 2, Rule 2

.
2 - 2 - 300 STANDARDS

2 - 2 - 30 1 Best Available C ontrol Technology Requirement: An appl icant for an authority to

construct and/ or a permit to operate for a new or modified source shall apply require BACT to any new or modified source control emissions of District BACT pollutants under the following conditions : 301.1 Which results in an emissio n from a new source or an increase in emissions from a modified source of precursor organic compounds (POC), non

precursor organic compounds (NPOC), nitrogen oxides (NOx), sulfur dioxide (SO2), PM10 or carbon monoxide (CO) in excess of 1 0.0 pounds per high est day., or; 301.2 Which will result in a cumulative increase at the facility since December 1, 1982, in excess of any of the following daily and/or annual amounds: ANNUAL AVERAGE DAILY kg/yr (ton/yr) g/day (lb/day) Beryllium 0.3 (0.0004) 0.9 (0.002 ) Mercury 88 (0.1) 240 (0.5) Fluorides 2720 (3) 7450 (16) Sulfuric Acid Mist 6350 (7) 17400 (38) Hydrogen Sulfide 9050 (10) 24800 (55) Total Reduced Sulfur 9050 (10) 24800 (55) Reduced Sulfur Compounds 9050 (10) 24800 (55) (Amended June 15, 1994) 2 - 2 - 302 Offset Requirements, Precursor Organic Compounds and Nitrogen Oxides,

NSR: Except as provided by Sections 2

- 2
- 313 or 421, before the APCO may issue an authority to construct or a permit to operate for a new or modified source at a facility which emits 50 tons per year or more or will be permitted to emit 50 tons per year or more, on a pollutant specific basis, of precursor organic compounds or nitrogen oxides, , federally enforceable emission offsets shall be provided, for the emission

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 22 from the ne w or modified source and any pre
- existing cumulative increase, minus any onsite contemporaneous emission reduction credits determined in accordance with Section 2

- 2
- 605, at a 1.15 to 1.0 ratio. Before the APCO may issue an authority to construct or a permi t to operate for a new or modified source at a facility which emits or will be permitted to emit more than 15 tons per year but less than 50 tons per year or more, on a pollutant specific basis, of precursor organic compounds or nitrogen oxides, emission o ffsets shall be provided, by the District at a 1.0 to 1.0 ratio for the emission from the new or modified source and any pre
- existing cumulative increase, minus any onsite contemporaneous emission reduction credits determined in accordance with Section 2

- 2
- 605, from the Small Facility Banking Account in the District's Emissions Bank in accordance with the provisions of Regulation 2
- 4
- 414. The APCO shall determine the total facility emissions, on a pollutant specific basis, by adding the emissions from the p roposed new or modified source(s) to the most recent District Emissions Inventory, adjusted for any errors and adjusted upward for any permitted levels of emissions not currently being emitted. 302.1 Emission reduction credits of nitrogen oxides may be us ed to offset increased emissions of precursor organic compounds at the offset ratio specified above in Section 2

- 2
- 302. 302.2 Emission reduction credits of precursor organic compounds may be used to offset increased emissions of nitrogen oxides at the off set ratio specified above in Section 2

- 2
- 302, provided that the PSD requirements of Section 2

- 2
- 304, if applicable, are met.

(Amended November 20,1991; Amended June 15, 1994) 301.1 New Source : An authority to construct and/ or permit to operate for a new source shall require BACT to control emissions of a District BACT pollutant if the source will have the potential to emit that pollutant in an amount of 10.0 or more pounds on any day as defined in Regulation 2
- 1
- 217 ; 301.2 Modified Source : An authority to construct and/ or permit to operate for a modified source shall require BACT to control emissions of each District BACT pollutant for which the source is “modified” as defined in Section 2

- 1
- 234 for which : 2.1 the source, after the modification, will ha ve the potential to emit t hat pollutant in an amount of 10.0 or more pounds on any day as defined in Regulation 2
- 1
- 217 ; and 2.2 the modification will result in an increase in emissions of that pollutant above baseline levels calculated pursuant to Sectio n 2
- 2
- 604

. The BACT requirements in this Section shall apply on a pollutant
- specific basis

. 2 - 2 - 302 Offset Requirements, Precursor Organic Compounds and Nitrogen Oxides:

B efore the APCO may issue an authority to c onstruct or permit to operate for a new o r modified source at a ny facility that will have the potential to emit more than 10 tons per year of NOx or POC after the new or modified source is constructed (including emissions from cargo carriers per Section 2

- 2
- 610) , offsets must be provided accordin g to the following requirements: 302 .1 If the facility will have the potential to emit more than 10 tons per year but less than 35 tons per year of NOx o r POC after the new or modified source is constructed, offsets must be provided at a 1:1 ratio for any un - offset

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 23 cumulative increase in emissions at the facility and any related sourc es since the baseline date determined in accordance with Section 2

- 2
- 60 8

. 1 .1 T h e APCO shall provide any required offsets from the Small Facility Banking Account in the Distri ct’s Emissions Bank in accordance with Section 2
- 4
- 414, unless the Small Facility Banking Account is exhausted or the applicant (or any entity controlling, controlled by, or under common control with the applicant) owns or controls offsets

. 1 .2 If the S mall Facility Bank ing Account is exhausted, or if the applicant owns or controls offsets, the applicant shall provide any required offsets

. 1.3 A permit limit for which offsets have been provided from the Small Facility Banking account may not be higher th an the source’s maximum physical /design capacity to emit air pollutants, and may not be higher than is reasonably necessary to satisfy the applicant’s operational requirements (including sufficient flexibility to allow for future changes in operational req uirements). 302.2 If the facility will have the potential to emit 35 tons per year or more of NOx or POC after the new or modified source is constructed, the applicant shall : 2.1 Reimburse the Small Facility Banking Account for any cumul a tive increase fo r which offsets were previously provided from the Small Facility Banking Account ; and 2.2 Provide federally
- enforceable offsets at a 1.15:1 ratio for any un
offset cumulative increase in emissions at the facility and any related sources since the baseline date determined in accordance with Section 2

- 2
- 608

. 302. 3 An applicant may r eimburse the Small Facility B ank ing Account under subsection 302.2. 1 by reducing the cumulative increase associated with the permitting action(s) for which the District provided t he Small Facility Banking Account credits

. To do so, the applicant must request a lower emissions limit in a permit for which the Small Facility Banking Account credit s were provided. Upon approval by the APCO, the amount by which the applicant must reim burse the Small Facility Banking Account shall be reduced by the difference between the old permit limit and the new permit limit. 302. 4 The offset requirements in this Section shall be applied on a pollutant

- specific basis. 2 - 2 - 303 Offset Requirement Req uirement s , PM 2.5 , PM 10 and Sulfur Dioxide , NSR: Except

as provided by Sections 2

- 2
- 313 or 421, before : B efore the APCO may issue an a uthority to c onstruct or a permit to operate for a new or of modified source , of at a facility that will have the potential to emit 100 tons per year or more of PM 2.5 , PM 10 or sulfur dioxide after the new or modified source is constructed (including emissions from cargo carriers per Section 2

- 2
- 610) , the applicant shall provide offsets according to the foll owing requirements:

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 24 3 03.1 If the un - offset cumulative increase in emissions of PM 2.5 , PM 10 or sulfur dioxide located at a Major Facility, which will result in a cumulative increase minus any contemporaneous emission reduction credits at the facility , for that pollutant, in exc ess of 1.0 ton per year and any related sources since April 5, 1991, emission offsets shall be provided, for the emission from the new or modified source and any pre
- existing cumulative increase, minus any onsite contemporaneous emission reduction credits b aseline date determined in accordance with Section 2

- 2
- 605, at 608 exceeds 1 ton per year, the applicant sh all provide offsets at a 1 .0 :1 .0 ratio or at a ratio, approved for the un - offset cumulative increase since the baseline date

. 303.2 NOx and/or sulfur dioxide offsets may be provided in place of PM 10 offsets required under subsection 303.1 at offset ratios determined by the APCO , to result in a net air quality benefit. Any approval of the us e of NOx and/or sulfur dioxide offsets under this subsection sh all be based on an analysis specific to the individual facility for which the determination i s made, which shall include adequate modeling; and any such approval shall be granted only after public notice and an opportunity for public comment and with EPA c oncurrence. 303. 3 Any NOx and/or sulfur dioxide offsets provided in place of PM 10 offsets must be provided in addition to any NOx and/or sulfur dioxide offsets required independently as a result of the source’s NOx and/or sulfur dioxide emissions

. 303. 4 Th e offset requirements in this Section shall be applied on a pollutant

- specific basis. 2 - 2 - 304 PSD BACT Requirement: An a uthority to construct for a PSD Project shall require

federal PSD Best Available Control Technology a s defined in Section 169(3) of the federal Clean Air Act (“federal PSD BACT”) for each PSD pollutant for which the net increase in emissions from the PSD Project will be significant as defined in Section 2

- 2
- 22 7 .1

. If federal PSD BACT is required for a pollutant under this Section, t he au thority to construct shall require federal PSD BACT for each new or modified source for which there will be an increase in emissions of that pollutant by any amount, calculated in accordance with subsection 2
- 2
- 303.1. Section 2

- 2
- 604

. The APCO shall impose federal PSD BACT in an authority to construct subject to this Section according to and in satisfaction of all of the requirements applicable to federal PSD BACT under 40 C.F.R. Section 52.21(j), including any applicable exemptions from that Section’s requ irements under 40 C.F.R. Section 52.21(i)

. 303.1 Emission reduction credits of nitrogen oxides and/or sulfur dioxide may be used to offset increased emissions of PM10 at offset ratios deemed appropriate by the APCO. A facility which emits less than 100 tons of any pollutant, subject to this section, may voluntarily provide emission offsets for all, or any portion, of their cumulative increase, at the ratio required above. (Amended November 20, 1991; Amended June 15, 1994) 2 - 2 - 30 4 PSD Requirement: In a ccordance with the Prevention of Significant Deterioration

provisions of 40 CFR 51.166 of the Code of Federal Regulations, the APCO shall not issue an authority to construct or a permit to operate to a: 304.1 New major facility which will emit 100 tons pe r year or more, if, it is one of the twenty eight (28) PSD source categories listed in Section 169(1) of the federal Clean Air Act, or 250 tons per year or more for an unlisted category,

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 25 of any pollutant subject to regulation under the federal Clean Air Ac t unless the applicant demonstrates by modeling in accordance with Section 2

- 2
- 414 to the satisfaction of the APCO that such emissions will not interfere with the attainment or maintenance of the sulfur dioxide or nitrogen dioxide NAAQS at the point of max imum ground level impact and will not cause an exceedance of a sulfur dioxide or a nitrogen dioxide PSD increment. 304.2 Major modification of a major facility if the cumulative increase, from the PSD Baseline Date, minus the contemporaneous emission redu ction credits at the facility are in excess of 40 tons per year of sulfur dioxide or nitrogen oxide unless the applicant demonstrates by modeling in accordance with Section 2

- 2
- 414 to the satisfaction of the APCO that such emissions will not interfere with the attainment or maintenance of the sulfur dioxide or nitrogen dioxide NAAQS at the point of maximum ground level impact and will not cause an exceedance of a sulfur dioxide or a nitrogen dioxide PSD increment. 304.3 Major modification of a major facili ty if the cumulative increase, from the PSD Baseline Date, minus the contemporaneous emission reduction credits at the facility are in excess of 15 tons per year of PM10 unless the applicant demonstrates by modeling in accordance with Section 2

- 2
- 414 to th e satisfaction of the APCO that such emission will not interfere with the attainment or maintenance of the PM10 federal ambient air quality standard at the point of maximum ground level impact and will not cause an exceedance of a particulate matter PSD in crement. (Amended June 15, 1994) 2 - 2 - 30 5 Carbon Monoxide Modeling Requirement, PSD: In accordance with the Prevention

of Significant Deterioration provisions of 40 CFR 51.166 of the Code of Federal Regulations, the APCO shal l not issue an authority to construct or a permit to operate for: 305.1 A major facility which will emit 100 tons per year or more, if it is one of the twenty eight (28) PSD source categories listed in Section 169(1) of the federal Clean Air Act, or 250 t ons per year or more for an unlisted category, of any pollutant subject to regulation under the federal Clean Air Act, unless the applicant demonstrates by modeling in accordance with Section 2

- 2
- 414, to the satisfaction of the APCO, that the net air quali ty impact of the cumulative increase of emissions of CO from the new or modified facility and all contemporaneous emission reduction credits to be provided by the applicant will not interfere with the attainment or maintenance of the CO NAAQS in the Distri ct or any contiguous air basin, or 1.1 The cumulative increase minus the contemporaneous emission reduction credits from the facility are less than or equal to zero. 305.2 A major modification of a major facility with an increase in excess of 100 tons pe r year of carbon monoxide, unless the applicant demonstrates by modeling in accordance with Section 2

- 2
- 414, to the satisfaction of the APCO, that the net air quality impact of the cumulative increase of emissions of CO from the new or modified facility an d all contemporaneous emission reduction credits to be provided by the applicant will not interfere with the attainment or maintenance of the CO NAAQS in the District or any contiguous air basin, or 2.1 The cumulative increase minus the contemporaneous em ission reduction credits from the facility are less than or equal to zero. (Amended June 15, 1994) 2 - 2 - 30 6 Non - Criteria Pollutant Analysis, PSD: In accordance with the Prevention of

Significant Deterioration provisions of 40 CFR 51.166 of the Code of Fed eral Regulations, unless the applicant has performed all analysis required by Sections 2

- 2
- 414 and 417 for the applicable pollutants, the APCO shall not issue an authority to construct or a permit to operate to a new or modified facility if the new or modi fied facility will emit greater than 100 tons per year of carbon monoxide, particulate matter, sulfur dioxide, precursor organic compounds or nitrogen oxides, and the cumulative

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 26 increases, minus the contemporaneous emission reduction credits from the facil ity occurring since December 1, 1982, pursuant to authorities to construct and permits to operate, are in excess of the annual average amounts specified in subsection 2
- 2
- 301.2. (Amended June 15, 1994) 2 - 2 - 30 7 Denial, Failure of all Facilities to be in Compliance: The APCO shall deny 2 - 2 - 305 PSD

Source Impact Analysis Requirement: The APCO shall not issue an authority to construct for a PSD Project unless the APCO determines, for each PSD pollutant for which the net increase in emissions from the PSD Pro ject will be significant as defined in Section 2

- 2
- 22 7 .1 , that the net increase in emissions from the PSD Project will not cause or contribute to a violation of (i) any applicable ambient air quality standard for such pollutant or (ii) any applicable PSD i ncrement for such pollutant , as set forth in 40 C.F.R. Section 52.21(c)

. The APCO shall make such determination in accordance with the following procedures: 305.1 Pre
- application Air Quality Analysis : The applicant shall prepare and submit an analysis of ambient air quality in the area that the PSD Project would affect for each PSD pollutant for which the net increase in emissions allowed by the authority to construct will be significant . The applicant’s analysis shall be prepared according to and shall s atisfy all of the requirements applicable to air quality analyses for federal PSD permitting under 40 C.F.R. Section 52.21 (m)(1), including any applicable exemptions from that Section ’ s requirements under 40 C.F.R. Section 52.21 (i)

. 305.2 PSD Source Impac t Analysis : The applicant shall demonstrate , for each PSD pollutant for which the net increase in emissions allowed by the authority to construct will be significant, that the net increase in emissions of such pollutant will not cause or contribute to a vi olation of (i) any applicable California or National Ambient A ir Q uality S tandard for such pollutant or (ii) any applicable PSD increment for such pollutant , as set forth in 40 C.F.R. Section 52.21(c)

. The applicant’s analysis and demonstration shall be p repared according to and shall satisfy all of the requirements applicable to PSD source impact analyses for federal PSD permitting under 40 C.F.R. Section 52.21(k), including any applicable exemptions from that Section’s requirements under 40 C.F.R. Sectio n 52.21 (i)

. 305.3 Air Quality Models : All estimates of ambient concentrations required under this Section shall be based on applicable air quality models, databases, and other requirements specified in Appendix W of Part 51 of Title 40 of the Code of Feder al Regulations (Guideline on Air Quality Models). Where an air quality model specified in Appendix W is inappropriate, the model may be modified or another model substituted upon written approval by the APCO after public notice and opportunity for public comment under the procedures set forth in Section 2

- 2
- 40 4

. Where modeling is conducted solely to evaluate compliance with a California air quality standard, any APCO

- approved model may be used

. 305.4 APCO Determination : The APCO shall determine, based o n the applicant’s submission s and any other relevant information, whether any net emissions increases of PSD pollutants that the authority to construct will authorize in significant amounts would cause or contribute to a violation of (i) any applicable Cal ifornia or National Ambient A ir Q uality S tandard for such

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 27 pollutant or (ii) any applicable PSD increment for such pollutant , as set forth in 40 C.F.R. Section 52.21(c), for any PSD pollutant . In making this determination, the APCO shall use the same proce dures and be subject to the same requirements as are applicable to the Administrator for issuing federal PSD permitting under 40 C.F.R. Section 5 2 .21(k) , including any applicable exemptions that Section’s requirements under 40 C.F.R. Section 52.21(i)

. 2 - 2 - 306 PSD Additional Impacts Analys i s Requirements : Before issuing an authority to

construct for a PSD Project , the APCO shall condu ct the following additional impact analyse s : 306 .1 Visibility, Soils & Vegetation Impact Analysis : The applicant shall prepare and submit an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the PSD Project and any commercial, residential, industrial, and other growth associated with the PSD Project . The applicant’s analysis shall be prepared according to and shall satisfy all of the requirements applicable to air quality analyses for federal PSD permitting under 40 C.F.R. Section 52.21(o)(1), including any applicable exemptions that Section’s requirements under 40 C.F.R. Section 52.21 (i) . The analysis need not address impacts on vegetation having no significant commercial or recreational value. 306 .2 Associated Growth Analysis : The applicant shall prepare and submit an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the PSD Project . The applicant’s analysis shall be prepared according to and shall satisfy all of the requirements applicable to air quality analyses for federal PSD p ermitting under 40 C.F.R. Section 52.21(o)(2), including any applicable exemptions that Section’s requirements under 40 C.F.R. Section 52.21 (i)

. 306.3 APCO Review : The APCO shall review the applicant’s additional impact analys e s to ensure that they are c omplete and accurately reflect the circumstances associated with the PSD Project

. 2 - 2 - 307 Consideration of Class I Area Impacts : I f , within 30 days after receiving notice

under Section 2

- 2
- 404 of a preliminary decision to issue an authority to construct fo r (i) a new major facility or a major modification of a major facility for NOx, VOC, SO 2 or PM 2.5 or (ii) a PSD Project , the Federal Land Manager with responsibility for administering any Class I Area provides the APCO with a demonstration that emissions f rom the p roject would have an adverse impact on the air quality
- related values of the Class I Area (including visibility) , the APCO shall promptly review and consider such demonstration

. If the APCO concurs with such demonstration, or if the APCO conclude s based on an independent review of the analysis submitted under Section 401.4 that the p roject will have such adverse impact, the APCO shall , after consultation with the Federal Land Manager and the applicant, deny the application for an authority to cons truct

. If the APCO finds that such demonstration does not establish to the APCO’s satisfaction that the p roject would have such adverse impact, the APCO shall explain its decision (or give notice of where such explanation can be obtained) in any subsequen t notice of a public hearing held under Section 2

- 2
- 404. 7

.

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 28 2 - 2 - 308 NAAQS Protection Requirement : The APCO shall not issue an authority to

construct for a new or modified source that will result in a significant net increase in emissions of any pollutant fo r which a National Ambient Air Quality Standard has been established unless the APCO determines, based upon a demonstration submitted by the applicant, that such increase will not cause or contribute to an exceedance of any National Ambient Air Quality Sta ndard for that pollutant. Such demonstration shall be made using the procedures for PSD Air Quality Impact Analyses set forth in subs ection s 2
- 2
- 305 .1 through 2
- 2
- 305.4

. Such demonstration shall not be required for ozone. A PSD Air Quality Impact Analys is and determination for a new or modified source that satisfies the requirements of Section 2

- 2
- 305 shall satisfy the requirements of this Section for all pollutants included in such analysis. 2 - 2 - 30 9 Compliance Certification: The APCO shall not issue an authority to construct for a

new major facility or a major modification of an existing major facility unless the applicant provides a list, certified under penalty of perjury, of all major facilities within the state of California owned or operated by the applicant or by any entity controlling, controlled by, or under common control with the applicant and demonstrates by certifying under penalty of perjury that they are either in compliance, or on a schedule of compliance, with all applicable state and fede ral emission limitations and standards. The APCO may request the applicant to provide any technical information used by the applicant to certify compliance. (Amended June 15, 1994) 2 - 2 - 30 8 Class I Area Requirements, PSD: A f acility for which the cumulative increases

minus the contemporaneous emission reduction credits occurring since the PSD Baseline Date, are greater than zero, and which would construct in a Class I Area or within 10 kilometers (6.2 miles) of a Class I Area, and would have an impact on such area equal to or greater than 1 microgram per cubic meter, shall use BACT on the new or modified facility and shall not cause or contribute to the exceedance of any NAAQS at the point of maximum ground level impact or any PSD increment set forth in Section 2

- 2
- 232, and shall perform all analyses required by Sections 2

- 2
- 414 and 417. (Amended June 15, 1994) 2 - 2 - 308 Class I Area Requirements, PSD: A facility for which the cumulative increases

minus the contemp oraneous emission reduction credits occurring since the PSD Baseline Date, are greater than zero, and which would construct in a Class I Area or within 10 kilometers (6.2 miles) of a Class I Area, and would have an impact on such area equal to or greater t han 1 microgram per cubic meter, shall use BACT on the new or modified facility and shall not cause or contribute to the exceedance of any NAAQS at the point of maximum ground level impact or any PSD increment set forth in Section 2

- 2
- 232, and shall perfor m all analyses required by Sections 2

- 2
- 414 and 417. (Amended June 15, 1994) 2 - 2 - 309 Denial for Air Quality Related Values, PSD: The APCO shall deny any permit

application subject to the requirements of Section 2

- 2
- 308 where it has been demo nstrated by the Federal Land Manager that the permit would authorize emissions which would have an adverse impact on the air
- quality
- related values (including visibility) of a Class I Area, provided that such demonstration is completed prior to the termina tion of the public comment period and that the APCO concurs with that demonstration. 

### 2 - 2 - 3 10 Denial, Failure to Use BACT: The APCO shall deny an authority to construct if the

APCO finds that the application is subject to Section 2

- 2
- 301 and, after notifi cation in writing, the applicant has not provided a control device or technique meeting the requiremen ts defined in Section 2

- 2
- 206. 2 - 2 - 311 Denial, Failure to Provide Offsets : The APCO shall deny an authority to construct if

the APCO finds that the appl ication is subject to Sections 2

- 2
- 302 or 303 and, after

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 29 notification in writing, the applicant has not provided the required offsets to mitigate the emissions increase. 2 - 2 - 312 D enial, Failure to Meet Permit Conditions: The APCO shall deny a permit to

op erate for a source if , after providing written notification to the applicant , if the equipment and an opportunity to remedy any violation , the source is operating in violation of any condition specified in the authority to construct, or i f any other source used to provide offsets emission reduction credits for the project source that is owned or operated by the applicant is operating in violation of any permit condition limiting emissions such that the required offsets emission reduction credits are not actual ly being provided. 2 - 2 - 313 Offset Requirements, Replacement Sources of Precursor Organic Compounds

and Nitrogen Oxides, NSR: Before the APCO may issue an authority to construct or a permit to operate for a replacement source at a facility which has actu al emissions of 50 tons per year or more, on a pollutant specific basis, of precursor organic compounds or nitrogen oxides, offset requirements shall be met: 1.) either in accordance with the requirements of Section 2

- 2
- 302, or 2.) in accordance with the p rovisions of Section 2

- 2
- 608, provided no increase in the permitted level of the replaced source, adjusted for BACT, is authorized. (Adopted June 15, 1994) 2 - 2 - 314 Federal New Source Review Applicability: The re quirements of 40 CFR 51.165 are

incorporated, by reference, as part of this rule. (Adopted June 15, 1994) 2 - 2 - 315 Federal Prevention of Significant Deterioration Applicability: The requirements

of 40 CFR 51.166 are incorporated, by ref erence as part of this rule. (Adopted June 15, 1994) 2 - 2 - 316 No Net Increase Status Report: The APCO shall publish in conjunction with the

triennial update of the Clean Air Plan (CAP), a report demonstrating that the District's permitting program compli es with the no net increase requirements of Section 40919 (b) of the Health and Safety Code. 

### This report shall demonstrate that sufficient offsets have been provided, as required by Section 2

- 2
- 302, for all permits issued during the previous three year CAP period. This report shall be forwarded to the California Air Resources Board, Stationary Source Division for approval. (Adopted June 15, 1994)

2 - 2 - 400 ADMINISTRATIVE REQUIREMENTS

2 - 2 - 401 A pplication: In addition An application for an a uthority to c onstruct under this Rule

shall conform to the requirements of District Regulation 2
- 1
- 402, applications for authorities to construct facilities subject to Rule 2 and shall include all of the following: 401. 1 For A detailed descriptio n of the proposed new facilities, which will emit source (s) or modification (s) for which the authority to construct is sought , including at a minimum (i) a description of the nature, location, design capacity, and typical operating schedule of the source (s) or modification (s) , including specifications and drawings showi ng its design and plant layout, and (ii) a detailed schedule for construction of the source (s) or modification (s)

. 401.2 All information necessary for the APCO to determine whether the applic ation satisfies the requirements of this Rule, including but not limited to (i) a demonstration of how the application satisfies applicable BACT standards

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 30 under Sections 2

- 2
- 301 and 2
- 2
- 304 , and (ii) the PSD analyses and demonstrations required under Secti ons 2
- 2
- 305 and 2
- 2
- 306, if applicable

. 401. 3 CEQA

- related information require d under Section 2
- 1
- 426 ; and for a new major facility , and for a modification which to a major facility that will increase emissions by more than 100 t ons per year of carbon monox ide , 40 tons per year of precursor organic compounds , nitrogen oxides, or sulfur dioxide, or 40 10 tons per year of either precursor organic compounds or nitrogen oxides PM 2.5 , an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrate that demonstrate s that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification. 401.2 The inf ormation required by the lists and criteria adopted pursuant to Section 65940 of the California Government code that are in effect on the date the application is filed. 401.3 CEQA

- related information which satisfies the requirements of Regulation 2
- 1
- 426

. (Amended November 20, 1991; Amended June 15, 1991 ) 2 - 2 - 402 Complete Application: The APCO shall determine whether an application for an

authority to construct is complete not later than 30 days following receipt of the application, or after a longer t ime period agreed upon by both the applicant and the APCO. If the APCO determines that the application is not complete, the applicant shall be notified in writing of the decision, specifying the information is required. Upon receipt of any resubmittal of the application a new 30 day period to determine completeness shall begin. The application shall be deemed complete on the date of receipt of all information required for completeness. Upon determination that the application is complete, the APCO shall n otify the applicant in writing. If applicable, such written notification shall include the District's determination that its evaluation of the application will be covered by the specific procedures, fixed standards and objective measurements set forth in V olume II of the District’s Manual of Procedures and that the District's evaluation of that permit application will be classified as ministerial and will accordingly be exempt from CEQA review. Thereafter only information regarding offsets, or information t o clarify, correct or otherwise supplement the information submitted in the application may be requested. 401.4 If the application is for (i) a new major facility or a major modification of major facility for NOx, VOC, SO 2 or PM 2.5 or (ii) a PSD P roject , and the project will be located in or within 100 km of a Class I area, the application shall include an analysis of potential impacts to air quality related values (including visibility) in such Class I area for review and consideration by t he Federal Land Manager of such Class I area. 401. 5 Any other information requested by the APCO. 2 - 2 - 402 Notice to EPA and Federal Land Manager of Receipt of Permit Applications :

When the APCO receives a complete application for an Authority to Construct for a PSD Project , the APCO shall transmit a copy of the complete application to EPA Region IX

. If the APCO receives a complete application for (i) a new major facility or a major modification of a major facility for NOx, VOC, SO 2 or PM 2.5 or (ii) a PS D Project , and the project is located within 100 km of any Class I Area(s), the APCO shall transmit a copy of the complete application to the Federal Land Manager (s) with responsibility for any such Class I Area (s) within 30 days of receipt and at least 60 d ays prior to holding any public hearing on such application, and shall include the

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 31 applicant’s analysis of the anticipated impacts on visibility in such Class I area(s)

. In addition, the APCO shall also notify such Federal Land Manager(s) if the APCO rece ives any advance notification of any such application. 

### 2 - 2 - 4 03 Authority to Construct : Within 60 days following the acceptance of 

### ,

Preliminary Decision: If an application as complete, which 

### for an Authority to Construct is not 

### subject to the publication a nd 

### public notice and comment requirements of Section 2

- 2
- 405, or with the consent of the applicant, such longer period as may be agreed upon, the APCO shall make a decision as to whether an authority to construct shall be approved or denied. Written notice of the APCO's decision shall be provide to the applicant and to any person who request such specific notification. 403.1 Notwithstanding this 60
- day limit, the APCO shall not take final action for any project for which an Environmental Impact Report or a Negative Declaration has been prepared until a Final EIR for that project has been certified, or a Negative Declaration for that project has been approved, and the APCO has considered the information in that Final EIR or Negative Declaration. For cases in which the 60
- day time period has elapsed, the APCO shall take final action on the application within 30 days after the certification of the Final EIR or approval of the Negative Declaration. This subsection shall not apply to any project which is exempt f rom the District's CEQA requirements pursuant to Regulation 2
- 1
- 311 or 2
- 1
- 312. (Amended November 20, 1991) 2 - 2 - 4 04 Authority to Construct, Preliminary Decision: Within 90 days following the

acceptance of an application as complete, which i s subject to the requirements of Section 2

- 2
- 405, or longer period necessary to satisfy the requirements of Section 2

- 2
- 414, providing that any fees required in accordance with Regulation 3
- 318 are paid, or with the consent of the applicant, such longer pe riod as may be agreed upon , the APCO shall make a preliminary decision as to whether an authority to construct shall be approved, or denied. Final action on this application will be taken in accordance with the requirements of Section 2

- 2
- 407. The APCO sh all make such preliminary decision within 90 days following the acceptance of the application as complete, provided that any fees required in accordance with Regulation 3 are paid; or within a longer time period if necessary to complete any PSD impact anal yses required under Sections 2

- 2
- 305 and 2
- 2
- 3 06 , if necessary to complete any CEQA analyses if the District is the CEQA Lead Agency, or if consent ed to by the applicant

. 404.1 When the District is the CEQA Lead Agency for a project, the 90

- day limit for i ssuing a preliminary decision shall be suspended until the draft EIR or Negative Declaration is available for the APCO's consideration and public review. (Amended November 20, 1991) 2 - 2 - 405 40 4 Publication of Notice an d Opportunity for Public Comment: If the application is

for (i) a new major facility or a major modification of an existing major facility or requires a PSD analysis, the APCO shall within 10 days of the notification of the applicant, cause to have publish ed in atleast one newspaper of general circulation within the District, a prominent , (ii) any new facility, or a modification of any existing facility, that will involve an increase in emissions of CO, NOx, SO 2 , PM 10 , PM 2.5 , VOC, or lead, calculated in acc ordance with Section 2

- 2
- 604 , in an amount that is significant as defined in Section 2

- 2
- 22 7 .2 , or (iii) a PSD Project , the APCO shall provide notice of the preliminary decision made under Section 2

- 2
- 4 03 according to the following procedures:

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 32 404 .1 The AP CO shall publish a notice stating the preliminary decision of the APCO , and inviting written public comment on it. The notice shall state the location of the information availa ble pursuant to Section 2

- 2
- 406, 405 , the procedures and inviting deadlines for s ubmitting written public comment for comment s , and the opportunity for requesting a 30 day period following public hearing pursuant to subsection 404. 7

. 404 .2 If the application is for a PSD Project , the notice shall also state the degree of PSD increment c onsumed if a PSD increment consumption analysis has been conducted. 404 .3 The APCO shall publish the notice prominently on the date of publication. Written notice of the preliminary decision shall be sent to the ARB District’s internet website in a manner t hat will provide the public with routine and ready access ; and if the application is for a new major facility or a major modification of an existing major facility, or for a PSD Project , the regional office of APCO shall also publish the notice prominently in at least one newspaper of general circulation within the District. 404.4. The APCO shall trans mit a copy of the notice to ARB; EPA and Region IX; adjacent air districts . A copy of this notice shall be provided to ; the chief executive(s) of the city and c ounty where the facility is located; the California State Lands Commission; any Indian Governing B ody whose lands may be affected by the new or modified source(s) that is the subject of the notice; any person who requests such specific notification in writ ing . During this ; and, if the application is for a PSD Project located within 100 km of any Class I Area(s), the Federal Land Manager(s) with responsibility for any such Class I Area(s)

. 404. 5 If the District is the CEQA Lead Agency with respect to the app lication, the APCO shall also ensure that the applicable CEQA notice and comment requirements are followed with respect to any CEQA document. 404

. 6 The APCO shall provide a period of at least 30 days following publication of the notice required under t his Section for members of the public to submit written comments , and may extend the public comment period , which may be extended by the APCO, the for good cause

. 404

. 7 The APCO may elect to hold a public meeting to receive verbal comment from the public. The written notice shall contain the degree of PSD increment consumed. written and verbal comment s from the public during the public comment period if the APCO finds that a public meeting is warranted and would substantially enhance public participation in the decision
- making process
. If the APCO elects to hold a public meeting, the APCO shall provide at least 30 days public notice of such meeting in the same manner as is required for the notice of preliminary decision, and the public comment period under Section 2

- 2
- 404. 6 shall be extended, at a minimum, until the end of the public meeting. 

### 2 - 2 - 40 5 .1 In addition to the above requirements, for any application for which the District is a Lead Agency under CEQA, the public notice required pursuant to this Sec tion 2
- 2
- 405 shall provide public notice of the availability of a Draft

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 33 EIR, a Negative Declaration or a Notice of Exemption, as applicable. 2 - 2 - 40 6 Public Inspection: The APCO shall If an application for an Authority to Construct is

subject to the public notice and comment requirements of Section 2

- 2
- 404 , the APCO shall make available for public inspection, at District headquarters, the information submitted by the applicant, and if applicable the APCO's analysis, and the the APCO’s preliminary decision to grant or deny the authority to construct including any proposed conditions , including and the reasons therefore

. , and any other relevant information on which the APCO’s preliminary decision is based

. Any such information shall also be transmitted, upon re quest, to ARB and EPA Region IX

. In making information available for public inspection, the APCO shall consider any claims by the applicant regarding the confidentiality of trade secrets, as designated by the applicant prior to completion of the applicatio n, shall be considered submission, in accordance with Section 6254.7 of the California Government Code . Furthermore, all such information shall be transmitted, upon the date of publication, to the ARB and the regional office of the EPA if the application is subject to the requirements of Section 2

- 2
- 405

. 2 - 2 - 40 7 40 6 Authority to Construct, Final Action: If the an application is for a new major facility

or a major modification of an existing major facility or requires a PSD analysis an Authority to Construct is subject to the public notice and comment requirements of Section 2

- 2
- 4 04 , the APCO shall within 180 days following the acceptance of the application as complete, or a longer time period agreed upon, consider all public comments received and shall take fin al action on the application after considering all public comments. Written notice of the : (i) within 60 days after the close of the public comment period , or within 30 days after final approval of a CEQA Negative Declaration or Environmental Impact Repor t for the project ( if applicable ), whichever is later ; and (ii) i f the application is for a PSD Project, no later than one year after receipt of the complete application (unless a longer period is necessary and is consented to by the applicant). At the ti me of such final action, the APCO shall: 406.1 Prepare and make publicly available a written response to any public comments received explaining how the APCO has considered such comments in making a final decision shall be provided ; and 406.2 P rovide writ ten notice of the final decision to the applicant, the ARB and the , EPA Region IX , any person who submitted comments during the public comment period or requested written notice of the final action , and, if the District is a Lead Agency under CEQA, to any person who has commented on a Draft EIR. The final action will also be published in at least one newspaper of general circulation within the District, and the notice and supporting documentation shall be available for public inspection at District headquar ters. in accordance with all applicable CEQA public notice and comment requirements. 407.1 Notwithstanding the requirement of this Section 2

- 2
- 407 that the APCO shall act within 180 days after the application is accepted as complete, the APCO shall not tak e final action on the application for any project for which an Environmental Impact Report or a Negative Declaration has been prepared pursuant to the requirements of CEQA until a Final EIR for that project has been certified and the APCO has considered th e information contained in that Final EIR, or a Negative Declaration for that project has been approved. If the specified 180 day period has elapsed prior to the certification of the Final EIR or the approval of the Negative Declaration, the APCO shall tak e final action

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 34 on the application within 30 days after the certification of the Final EIR or approval of the Negative Declaration. 2 - 2 - 40 8 Appeal: The following actions of the APCO may be appealed:

408.1 In accordance with Section 42302 of the Health and Safety Code, an applicant for an authority to construct which has been denied may request, within 10 days after receipt of the written notice to deny, the Hearing Board of the District to hold a hearing on whether or not the authority to construct was pro perly denied. 408.2 In accordance with Section 42302.1 of the Health and Safety Code, within 10 days of any decision of the APCO pertaining to the issuance of an authority to construct, any aggrieved person who, in person or through a representative, appe ared, submitted written testimony, or otherwise participated in the action before the District may request the Hearing Board of the District to hold a public hearing to determine whether the authority to construct was properly issued or for an order modify ing or reversing that decision. Such appeals shall be filed in writing and contain a summary of the issues to be raised. The Hearing Board shall consider the appeal at a public hearing within 30 days of the filing of the appeal. The Hearing Board may rever se or modify the decision of the APCO if it determines that the decision was erroneous. (Amended November 20, 1991) 2 - 2 - 40 9 Requirements, Permit to Operate: As a condition for the issuance of a Permit to

Operate, the APCO shall require that the new o r modified source and the sources which provide offsets be operated in the manner assumed in making the analysis required to determine compliance with this Regulation. 409.1 The permit to operate of any source used to provide offsets shall be conditioned to insure that the emission reductions will be enforceable and shall continue for the reasonably expected life of the proposed source. If offsets are obtained from a source for which there is no permit to operate, either a permit shall be obtained or a wri tten contract shall be required between the applicant and the owner or operator of such source, which contract, by its terms, shall be enforceable by the APCO to ensure that such reductions will continue for the duration of the life of the proposed source. 2 - 2 - 41 0 2 - 2 - 4 07 Issuance, Permit to Operate: The APCO shall issue Before issuing a permit

to o perate for a source subject to the requirements o f this Rule if it is determined , the APCO shall ensure that any offsets required, as a condition of an the follow ing requirements have been met: 407.1 The APCO shall ensure that all conditions specified in the authority to construct have been and are being complied with, or amendment in the case of conditions with a future compliance date, that such conditions are re asonably expected to a be complied with by the applicable compliance date. 407.2 If the permit to operate, is for a source for which the applicant complied with the offset provisions of Sections 2

- 2
- 302 or 2
- 2
- 303 with emission reduction credits generated af ter the application date : 2.1 T he APCO shall ensure t hat such emission reduction credits took effect or will commence take effect no later than the initial operation of the new source or within source (or, f or a source that is a replacement unit, as defined in 40 C.F.R. Section 51.165(a)(1)(xxi) , that will replace an existing source in whole or in part, with respect to emission reduction credits being generated by the shutdown of the existing source being replaced, no later than 90 days after initial operati on of the modified source, replacement unit ) ; and

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 35 2.2 T he APCO shall ensure t h at the offsets such emission reduction cred i t s shall be maintained throughout the operation of the new or modified source which is the beneficiary of the offsets. Further, the APCO shall determine that all conditions specified in the authority to construct have been or will be likely complied with by any dates specified. Where a new or modified source is, in whole or in part, a replacement for an existing source on the same property , the APCO may allow a maximum of 90 days as a start
- up period for simultaneous operation of the existing source and the new source or replacement. source. 2 - 2 - 41 1 4 08 Permit to Operate, Final Action: The APCO shall take final action to approve,

approve wit h conditions, or disapprove a permit to operate a source subject to this Rule within 60 9 0 days after start
- up of the new or modified source . However, failure to act within the 60 day period , unless the such time period is extended with the written concurren ce of the applicant , shall be deemed to be a denial of the permit. Such denial may be appealed to the Hearing Board in accordance with the provisions of Regulation 2
- 1
- 410
. (Amended November 20, 1991)

. 2 - 2 - 41 2 4 09 So urce Obligation, Relaxation of Enforceab le Conditions: At such time as the

applicability of any requirement of this Rule would be triggered by an existing source or facility, solely by virtue of a relaxation of any enforceable limitation on the capacity of the source or facility to emit a pollut ant, then the requirements of this Rule shall apply to the source or facility in the same way as they would apply to a new or modified source or facility otherwise subject to this Rule. 

### 2 - 2 - 41 3 Public Notice, Schools: Prior to making a Preliminary Decisio n in accordance with

Section 2

- 2
- 404 on an application for an authority to construct a new or modified source which emits any substance into the ambient air which is on the list required to be prepared pursuant to subdivision (a) of Section 25532 and Secti on 44321 of the Health and Safety Code and which is located within 1000 feet from the outer boundary of a school, the APCO shall: 413.1 Prepare a public notice in which the proposed new or modified source, and the proposed emissions, are fully described. 413.2 Distribute the notice, prepared in accordance with subsection 2
- 2
- 413.1, at the expense of the applicant, to the parents of children in any school within one - quarter mile of the source and to each address within a radius of 750 feet from the outer p roperty line of the proposed new or modified source. This notice shall be distributed at least 30 days prior to the date final action on the application is to be taken by the APCO. The APCO shall review and consider all comments received during the 30 days after the notice is distributed, and shall include written responses to the comments in the permit application file prior to taking final action on the application. 2 - 2 - 41 4 PSD Air Quality Analysis: An application for an authority to construct a facility

subject to the requirements of Sections 2

- 2
- 304, 305, 306 or 308 shall contain the following: 414.1 A modeling analysis, as defined in Section 2

- 2
- 222, demonstrating to the satisfaction of the APCO the air quality impacts of the new or modified facility (including impacts of non

- criteria pollutants if required under Section 2

- 2
- 306). The analysis shall include meteorological and topographic data necessary to estimate such impact. If the maximum air quality impacts of the new or modified facility do not ex ceed the significance levels for air quality impacts, as defined in Section 2

- 2
- 233, no further analysis under this Section will be required unless the facility is subject to the Class I area requirements

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 36 of Section 2

- 2
- 308. 414.2 A demonstration by model ing to the satisfaction of the APCO that the allowable emission increases from the new or modified facility, in conjunction with all other applicable emissions, would not cause or contribute to a violation of an air quality standard or an exceedance of any applicable PSD increment. A new or modified facility will be considered to cause or contribute to a violation of an air quality standard when the increase in emissions would cause a significant air quality impact at any locality that does not or would not meet the applicable air quality standard. 414.3 For determining whether the emission increases from the new or modified facility would cause or contribute to an air quality standard violation or an exceedance of a PSD increment, an analysis of the existi ng air quality in the impact area of the new or modified facility that includes one year of continuous ambient air quality monitoring data. The continuous air quality monitoring data shall have been gathered over a period of at least one year preceding the receipt of a complete application. The APCO may approve a shorter period (but not less than four months) provided that the period of monitoring includes the time frame when maximum concentrations are expected. The APCO may approve modeling in lieu of ambi ent air quality monitoring for pollutants for which no air quality standard exists. 414.4 For pollutants for which PSD increments have been established, a PSD increment consumption analysis that includes: 4.1 Establishment of the baseline area(s) affecte d by the new and modified facility, and the corresponding baseline date(s); 4.2 An analysis of the air quality impact of all increment
- consuming emissions within the impact area of the new or modified facility, and those increment
- consuming emissions outs ide the impact area that may have a significant air quality impact within the impact area; and, 4.3 An analysis of the air quality impact, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occu rred since the baseline date in the impact area of the new or modified facility. 2 - 2 - 41 5 Notice to EPA and Federal Land Manager: On the date of a complete application

subject to Section 2

- 2
- 308, the APCO shall provide a copy of the complete application to the EPA, the Federal Land Manager for the affected Class I Area, and to the federal official charged with direct responsibility for management of any lands within the Class I area. The APCO shall also send a copy of the preliminary decision and the APCO's analysis to the above agencies. 2 - 2 - 41 6 Report, PSD Increment Consumption: The District shall conduct an annual review

of the increment status for each attainment pollutant, and the APCO, upon request of the Board of Directors, shall provide a report on the consumption of PSD increments which have occurred during the period of interest. 2 - 2 - 41 7 Visibility, Soils, and Vegetation Analysis: An application for a permit subject to the

requirements of Section 2

- 2
- 414 shall contain an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the new or modified source and the general commercial, residential, industrial and other growth associated with the source or modification. The applicant need not provide an analysis of t he impact on vegetation if it has no significant commercial or recreational value. 2 - 2 - 41 8 PSD Analysis Stack Heights: For the purposes of modeling, stack heights beyond

what is required by good engineering practices shall not be allowed. This requirement should not be perceived to be a limit on the actual constructed height of a stack. The method to calculate good engineering stack height is referenced in Section 2

- 2
- 602. 2 - 2 - 41 9 41 0 Permit Conditions: The APCO may require include any permit condition nece ssary to

insure compliance with this Rule to be included in an authority to construct or permit to operate . This may include that the APCO determines is necessary to e nsure

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 37 compliance with this Rule , including but not limited to conditions controlling the operation of the source, of its abat ement equipment, or of sources used to provide mitigation (offsets). Conditions generate emission reduction credits to comply with Sections 2

- 2
- 3 02 or 2
- 2
- 3 03

. Such c onditions may have a future effective date and may be made conditional on the results of source tests, ground level monitors or public complaints. 2 - 2 - 4 1 1 Offset Refunds: The APCO may refund offsets provided for an authority to construct

or permit to operate, and waive any associated banking fees, under the f ollowing circumstances: 411. 1 Where an applicant has provide d offsets in excess of those required for an authority to construct or permit to operate, the APCO shall upon request of the applicant refund the difference between the amount of offsets provided and the amount of offsets required

. 411.2 Whenever a source for which the owner or operator has provided offsets is not constructed (or is constructed but never operated) , and the authority to construct or permit to operate for the source has expired or has been surrendered by the applicant, the APCO shall upon request of the applicant refund the offsets provided in connect with the authority to construct or permit to operate

. 2 - 2 - 41 2 Demonstration of NOx and POC Offset Program Equivalence : By March 1 of

each year, the District shall submit to EPA a demonstration that NOx and POC offsets provided for all new and modified sources within the District, less adjustments to those offsets for federal purposes occurring between credit generation and use, exceed f ederal offset requirements for new major sources or major modifications at major stationary sources. Adjustment to emission reductions for federal purposes will be required if any of the following occur between the time the credit is generated and the time the credit is used: 4 1 2 .1 BAAQMD adopts a relevant measure or rule that is required for purposes of federal attainment demonstration requirements. 41 2 .2 A relevant rule or measure is approved into the State Implementation Plan applicable in the BAAQMD; 41 2 .3 EPA promulgates a relevant final rulemaking for either a New Source Performance Standard or a Maximum Achievable Control Technology Standard. The demonstration shall include: 41 2 .4 Emission increases represented by all authorities to construct new maj or facilities and major modifications at major facilities issued during the three calendar years preceding the demonstration date; 41 2 .5 A list of all emission reductions used to offset those emission increases; 41 2 .6 The emission baselines that were used to calculate the emission reduction;

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 38 41 2 .7 The source type, size and category that had generated the emission reduction credit; 41 2 .8 All relevant rules that have been adopted or promulgated since the emission reduction had occurred. 41 2 .9 Adjustments to emission reduction for federal purposes for all affected projects. 41 2 .10 All of the above for as many non
- major projects as are needed to demonstrate equivalence. If the analysis fails to make the required demonstration, the District shall provide suffi cient offsets to make up the difference out of the S mall F acility B ank ing Account

. If the S mall F acility B ank ing Account does not contain the necessary surplus emission reductions, the District shall obtain the necessary surplus emission reductions. 

### 2 - 2 - 41 3 No Net Increase Status Report: The APCO shall publish , in conjunction with the triennial update of the Clean Air Plan (CAP), a report demonstrating that the District's permitti ng program complies with the no
- net
- increase requirements of Sectio n 40919 (b) of the Health and Safety Code. This report shall demonstrate that sufficient offsets have been provided, as required by Section 2

- 2
- 302, for all permits issued during the previous three year CAP period. This report shall be forwarded to the California Air Resources Board, Stationary Source Division 419.1 All emission reduction credits shall be enforceable by permit conditions; such permit conditions shall constitute applicable requirements of the State Implementation Plan for purposes of Section 113 and 304 of the Clean Air Act and are enforceable in the same manner as other SIP requirements. (Amended June 15, 1994) 2 - 2 - 420 Semiconductor Fabrication Area, Annual BACT and Offset Certification: Upon

written request by an owner or operator of a Semiconductor Fabrication Area (Fab Area), the APCO shall certify which specific pieces of equipment, comprising a Fab Area, are being controlled to the current District BACT levels. After the initial BACT certification, the facility must reapply in writing at the tim e of annual permit renewal for recertification by the APCO. Thereafter, any piece of equipment within a Fab Area that is currently BACT certified may be replaced with a functionally equivalent device, without first obtaining an authority to construct from the District provided that: 4 20 .1 , for approval.



### 2 - 2 - 41 4 BACT Workbook: The APCO has issued a certification in writing 

### shall publish and periodically update a BACT Workbook specifying that 

### the piece of equipment being replaced is being controlled to curr ent 

### BACT levels; 420.2 Offsets are supplied in quantities required by Section 2

- 2
- 302, to the satisfaction of the APCO, by the permittee at the time of annual permit renewal for all such equipment replacements; 420.3 The emission limits for the semiconduct or fabrication area are reset, to the highest levels demonstrated, to the satisfaction of the APCO, for any twelve (12) consecutive month period occurring during the last five years; and

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 39 420.4 The APCO is advised in writing of any equipment replacement wit hin 30 days of the replacement and provided that no changes in the Fab Area permit conditions are required due to the replacement. (Amended June 15, 1994) 2 - 2 - 421 Offset Deferral, Annual Permit Renewal: Whenever offsets are required by Section

2
- 2
- 302 o r 303, a person has the option to defer providing the offsets until the time of the annual permit renewal provided: 421.1 The facility demonstrates that they have valid Banking Certificates adequate to cover their offset obligation. Offsets deferred unde r the provisions of this Section shall be provided by the facility at least 30 days prior to the date of annual permit renewal, and 421.2 The facility does not have a cumulative increase greater than 15 tons per year for the pollutant or pollutants subject to the offset requirement(s). (Adopted June 15, 1994) 2 - 2 - 500 MONITORING AND RECORDS 2 - 2 - 501 PSD Pre - Construction Ambient Air Monitoring: An applicant subject to the



### requirements of subsection 2
- 2
- 414.3 shall meet the following requirements: 501.1 Prior to commencing pre
- construction ambient air monitoring, receive written approval from the APCO regarding the selection and operation of monitoring stations. 501.2 Operate the monitoring stations in accordance with the provision s of Appendix B to 40 CFR 58. The APCO may approve the use of District air monitoring data as part of the PSD air quality analysis required by Section 2

- 2
- 414. 2 - 2 - 502 PSD Post - Construction Monitoring: The owner or operator of a facility subject to

the r equirements of Section 2

- 2
- 414 shall, after construction of the facility or modification, conduct such ambient air quality monitoring as the APCO specifies in the authority to construct or the permit to operate. The monitoring shall determine the effect em issions from the facility or modification may have, or are having, on air quality in the area. All air monitoring shall be performed in accordance to the Manual of Procedures, Volume VI and 40 CFR Appendix B. 2 - 2 - 600 MANUAL OF PROCEDURES 2 - 2 - 601 Ambie nt Air Quality Monitoring: Any person subject to the ambient air quality

monitoring requirements of this Rule shall use the methods prescribed in the Manual of Procedures, Volume VI. 2 - 2 - 602 Good Engineering Practice (GEP) Stack Height: The method for ca lculating GEP

stack height is contained in the FEDERAL REGISTER: Volume 50, Number 130; Monday, July 18, 1985. 2 - 2 - 603 PSD Air Quality Evaluation Procedure: As a guideline to preparing an air quality

impact analysis the applicant is encouraged to review "Guidelines for Air Quality Maintenance Planning and Analysis," Volume 10 (Revised): Procedures for Evaluating Air Quality Impact of New Stationary Sources, EPA

- 450/4

- 77
- 001. 2 - 2 - 604 E mission Increase Calculation Procedures, New or Modified Sources: The

APCO shall determine the annual emission increase, expressed as tons per year, from: 604.1 A new source based on the maximum emitting potential of the new source or the maximum 

### for commonly permitted emission level of the new source, approved by the APCO, subject to federally enforceable limiting conditions. 604.2 A modified source by subtracting either the annual emission rate for which offsets have been provided or the actual annual emission for the highest twelve (12) consecutive month period occurrin g during the last five years immediately preceding the application date, in compliance with all District rules, regulations and permit conditions and which was representative of normal operations, from the new maximum permitted emission level of the

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 40 modifi ed source, approved by the APCO, subject to federal enforceable limiting conditions. (Amended June 15, 1994 ) 2 - 2 - 605 Emission Calculation Procedures, Emission Reduction Credits: The APCO shall

determine the emission reduction credits which qualify as of fsets from a: 605.1 Contemporaneous shutdown of a source, as a condition of the authority to construct, by determining the annual emission rate for which offsets have been provided, adjusted to reflect any reductions required by any pending District retro fit regulations, or by determining the actual annual emission from the source, averaged over the highest twelve (12) consecutive month period occurring during the last five years immediately preceding the application date, in compliance with all District r ules, regulations and permit conditions and which was representative of normal operation, adjusted to reflect any reductions required by District regulations or by any pending district law, rule or regulations. 605.2 Source to be controlled or, curtailed, by subtracting the new maximum permitted emission level of the source, approved by the APCO, subject to federally enforceable limiting conditions, from either the actual annual emission from the source, averaged over the highest level twelve (12) consecut ive month period occurring during the last five years immediately preceding the application date, in compliance with all District rules, regulations and permit conditions and which was representative of normal operation, adjusted to reflect any reductions required by any pending District retrofit regulation or from the annual emission rate, for which offsets have been provided, adjusted to reflect any reductions required by any pending district retrofit regulation. (Amended June 15,1994 ) 2 - 2 - 606 Emission Calculation Procedures, Offsets: Except as provided by the offset

deferral provision of Section 2

- 2
- 421, before the APCO may issue an authority to construct for a new or modified source, offsets shall be provided, as required by Section s 2
- 2
- 302, 303 or 313 by the applicant from credits in the District's Emissions Bank and/or from contemporaneous emission reduction credits which qualify in accordance with Sections 2

- 2
- 201 and 605, or by the District from the small facility banking accoun t for the amounts calculated as follows: 606.1 For precursor organic compounds (POC) and nitrogen oxides (NOx) for the total of all emission increases as 

### sources. BACT will be determined in Section 2

- 2
- 604 plus any pre
- existing cumulative increase from Ap ril 5, 1991, multiplied by the offset ratio required by Section 2

- 2
- 302. 606.2 If required by Section 2

- 2
- 303, for particulate matter , PM10, and sulfur dioxide for the total of all emission increases as determined in Section 2

- 2
- 604 multiplied by the app ropriate offset ratio specified in Section 2

- 2
- 303. Emission offsets provided in excess of those required, which meet the requirements of a bankable reduction per Regulation 2
- 4
- 301 or 302 and bankable credit period defined in Regulation 2
- 4
- 203, may quali fy to be banked. Banking fees shall be waived for this transaction. (Amended June 15, 1994) 2 - 2 - 607 Emission Calculation Procedures, Emission Reduction Credits for Mobile

Sources: Emission reduction cred its for mobile sources shall be determined by the Mobile Source Emission Reduction Credits procedures published February 1994 (or subsequent revisions) by the California Air Resources Board or other District approved procedures in the Manual of Procedures. (Adopted June 15, 1994) 2 - 2 - 608 Alternative Emission Calculation Procedures, Replacement Sources: As an

alternative to the calculation procedures of subsection 2
- 2
- 605 an applicant may elect to have a replacement s ource conditioned by maximum production capacity, throughput, output, or other rating of the replaced source provided the following provisions are satisfied: 60 8 .1 The replacement source is functionally equivalent to the replaced source prior

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 41 to replaceme nt and is located within the same facility; and 608.2 There is no increase in maximum production capacity, throughput, output, or other rating of the replaced source; and 608.3 Each replacement source shall be equipped with Best Available Control Technolog y (BACT) as required by Section 2

- 2
- 301; A conditioned emission level established in accordance with this section shall not be the for a

source on a case - by
- case basis for , using the workbook as a guidance document, as the most effective control device or t echnique or most stringent emission limitation that meets the requirements of Section 2

- 2
- 2 02.

2 - 2 - 500 MONITORING AND RECORDS 2 - 2 - 50 1 Post - Construction Monitoring: The APCO may require as a condition in an

authority to construct that the owner or operator of a facility for which the authority to construct is issued must conduct such ambient air quality monitoring as the APCO determines is necessary to determine the effect that emissions from the facility may have, or are having, on air quality in the area.

2 - 2 - 600 MANUAL OF PROCEDURES 2 - 2 - 601 Ambient Air Quality Monitoring: A mbient air quality monitoring required pursuant to

this Rule shall be conducted in accordance with the methods prescribed in the Manual of Procedures, Volume VI. , and 40 C

. F

. R

. Part 58 , Appendix B

. 2 - 2 - 602 Good Engineering Practice (GEP) Stack Height: Stack heights beyond what is

consistent with good engineering practices shall not be allowed for purposes of air quality modeling undertaken as part of any air quality analysis prepared in connection with an application for an authority to construct as required by Sections 2

- 2
- 305 through 2
- 2
- 30 8 . This requirement does not limit the actual height of a stack, as long as good engineering practice stack heights are used in any such modeling an alyses. Good engineering practice stack height shall be determined according to 40 C.F.R. Section 52.100(ii) and EPA’s Guideline for Determining Good Engineering Practice Stack Height

, EPA Publication No. EPA
- 450/4

- 80
- 023R (June 1985). 2 - 2 - 603 Baseline E missions Calculation Procedures : The following methodology shall be

used to determine a source’s baseline emissions for purposes of calculating an emissions increase or decrease fro m a source under Section s 2
- 2
- 604 .2 , 2
- 2
- 605 .1 , and 2
- 2
- 606 .3 : 603 .1 Determ ine Baseline Period Ending Date : The date on which the baseline period ends is determined as follows: 1.1 For determining the amount of an emissions increase from a new or modified source , the baseline period ends on the date on which the application for authority to construct/permit to operate the new or modified source is determined to be complete

. 1.2 For determining the amount of a contemporaneous emissions increase under Section 2

- 2
- 220 for a physical change or change in the method of operation of a source that was not a modification of the

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 42 source, the baseline period ends on the date the change was first implemented at the source. 1. 3 For determining the amount of a contemporaneous onsite emission reduction credit or a contemporaneous emissions dec rease under Section 2

- 2
- 220 , the baseline period ends on the date on which the emission reduction credit or an becomes enforceable

. 1. 4 For determining the amount of an emission reduction credit for which a banking certificate is sought under Regulation 2, Rule 4, the baseline period ends the date on which the banking application is determined to be complete. 603.2 Determine Baseline Period : The baseline period is determined as follows: 2.1 For all pollutants other than greenhouse gases, the baseline peri od is the three
- year period immediately preceding the baseline period ending date established under subsection 603.1. 2.2. For greenhouse gases, the baseline period is determined as follows: 2.2.1 For a new source, the baseline period is a period with zero throughput and emissions. For such sources, baseline emissions and adjusted baseline emissions are zero for all purposes under Section 2

- 2
- 603. 2.2.2 For an existing source that first operated less than 24 months before the date on which the application for authority to construct/permit to operate is determined to be complete , the baseline period is a period with maximum potential throughput and emissions. For such sources, baseline emissions and adjusted baseline emissions are the source’s pre - existing potential to emit for all purposes under Section 2
- 2
- 603. 2.2

. 3 For a modification to an existing electric utility steam generating unit as defined in 40 C.F.R. Section 51.166(b)(30) that has operated for 24 months or more prior to the date of application , the baseline period is any period of 24 consecutive months selected by the applicant within the 5
- year period immediately preceding the baseline period ending date established under subsection 603.1 , or other such time period that the APCO determines is more representati ve of normal source operation. For evaluating emissions from multiple sources, the same 24
- month baseline period shall be used for all sources. 2.2. 4 For a modification to any existing source other than an electric utility steam generati ng unit as defined in 40 C.F.R. Section 51.166(b)(30) that has operated for 24 months or more prior to the date of application, the baseline period is any period of 24 consecutive months selected by the

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 43 applicant within the 10
- year period immediately prece ding baseline period ending date established under subsection 603.1

. For evaluating emissions from multiple sources, the same 24
- month baseline period shall be used for all sources. 603

. 3 Determine Baseline Throughput : Baseline throughput is the lesser of : (i) the actual average annual throughput during the baseline period; or (ii) the average permitted annual throughput during the baseline period, if limited by permit condition. If the applicant does not have sufficient verifiable records of the source’s operation to substantiate its throughput during any portion(s) of the baseline period, the applicant is not entitled to credit for throughput during any such portion(s). Throughput shall be based on the source’s operational parameter that correlates most c losely to the source’s emissions. 603

. 4 Determine Baseline Emissions : Baseline emissions are the actual average annual emissions during the baseline period (excluding any emissions that exceed any regulatory or permit limits) . If the applicant does not h ave sufficient verifiable records of the source’s operation to substantiate the emission rate during any portion(s) of the baseline period, the applicant is not entitled to credit for emissions during any such portion(s). 603

. 5 Determine Baseline Emissions Rate : The b aseline emission rate is the emission rate per unit of throughput during the baseline period , calculated by dividing the source’s baseline emissions by its baseline throughput. 603

. 6 Determine Adjusted Baseline Emissions Rate : The adjusted bas eline emission rate shall be determined by adjusting the baseline emission baseline unless all rate downward, if necessary, to reflect the most stringent of RACT, BARCT, and applicable calculation procedures of federal and District rules and regulations in effect or contained in the most recently adopted Clean Air Plan ; except that for purposes of determining whether a source or group of sources constitutes a PSD Project under Section 2

- 2
- 22 4 , the adjusted baseline emission rate shall not be adjusted downwar d to a greater extent than required under the provisions of 40 C.F.R. Section s 51.166(b)(47) (i)(b) and 51.166(b)(47) (ii) (b) & (c)

. 603. 7 Determine Adjusted Baseline Emissions : The a djusted baseline emissions is the adjusted baseline emissions rate multipli ed by the baseline throughput (except where otherwise specified under sections 2

- 2
- 603.2.2.1 or 2
- 2
- 603.2.2.2)

. 2 - 2 - 604 Emission Increase /Decrease Calculation Procedures, New Sources and Changes at Existing Sources: The amount of any emissions increase ( or decrease) associated with a new source, or with a physical change, change in the method of operation, change in throughput or production, or other similar change at an existing source, shall be calculated according to the following procedures: 6 04.1 New Source : The emissions increase associated with a new source is the source’s potential to emit. 604.2 Change to Existing Source : The emissions increase (or decrease) associated with a physical change, change in the method of operation, change in

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 44 throughput or production, or other similar change at an existing source (including a permanent shutdown of the source) shall be calculated as the difference between : (i) the source’s potential to emit after the change; and (ii) the source’s adjusted baseline emissio ns before the change , calculated in accordance with Section 2

- 2
- 603

. 2 - 2 - 605 Emission Reduction Credit Calculation Procedures: The amount of emission

reduction credits associated with a physical change, change in method of operation, change in throughput o r production, or other similar change at a source shall be calculated according to the following procedures: 605.1 Non
- Fully
- Offset Source : For a source that is not fully offset as defined in Section 2

- 2
- 213, the amount of emission reduction credits is the difference between: (i) the source’s adjusted baseline emissions before the change calculated pursuant to Section 2

- 2
- 605 of this Rule and 603; and (ii) the source’s potential to emit after the change. 605.2 Fully
- Offset Source : For a source that is ful ly offset as defined in Section 2

- 2
- 213, the amount of emission reduction credits is the difference between: (i) the source’s potential to emit before the change, adjusted downward, if necessary, to reflect the most stringent of RACT, BARCT, and applicable federal and District rules and regulations in effect or contained in the most recently adopted Clean Air Plan; and (ii) the source’s potential to emit after the change. To qualify as emission reduction credits, the emission reductions associated with any such change: (i) must be enforceable through permit conditions; through relinquishment of the source’s permit; through physical removal of the source such that reinstallation would require a new permit under Regulation 2; or in the case of source shutdown where no permit is required for the source being shut down, through an alternative legally
- enforceable mechanism; and (ii) must be real, permanent, quantifiable, and in excess of any reductions required by applicable regulatory requirements. Emissions th at were offset with credits from the Small Facility Banking Account cannot be used to generate emission reduction credits. 2 - 2 - 606 P otential - to - Emit (P TE ) Increase Calculation Procedures for Purposes of

Determining Cumulative Increase : For purposes of ca lculating cumulative increase un der Section 2

- 2
- 607 , t he increase in a source’s potential to emit associated with an authority to construct and/or permit to operate for the source shall be calculated according to the following procedures: 606 .1 New Source : For a new source, the increase in potential to emit is the source’s full potential to emit. 606 .2 Modified Source

– Offsets Previously Provided : For a modified source, if offsets have previously been provided for the source’s emissions , then the increase in potential to emit associated with the modification is the difference between : 2.1 the source’s potential to emit after the modification ; and

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 45 2.2 the source’s potential to emit before the modification, adjusted downward, if necessary, to reflect the most stringent of RACT, BARCT, and applicable federal and District rules and regulations in effect or contained in the most recently adopted Clean Air Plan 606 .3 Mod i fied Source

– Offsets Not Yet Provided : For a modified source, i f offsets have not previou sly been provided for the source’s emissions , then the increase in potential to emit associated with the modification is the difference between : 3.1 the source’s potential to emit after the modification ; and 3.2 the source’s adjusted baseline emissions b efore the modification calculated in accordance with Section 2

- 2
- 603. For purposes of calculating the cumulative increase associated with a source, the source’s emissions shall include emissions from cargo carriers (other than motor vehicles) associated wi th the source as specified in Section 2

- 2
- 610. 2 - 2 - 60 7 Cumulative Increase Calculation Procedures: The cumulative increase in

emissions associated with a n authority to construct and/or permit to operate for a source shall be calculated as : 607 .1 Project Emissions Increase : the increase in potential to emit associated with the authority to construct/permit to operate determined in accordance with Section 2

- 2
- 606 ; minus 607 .2 Contemporaneous Onsite Emission Reduction Credits : any contemporaneous onsite emi ssion reduction credits at the facility calculated in accordance with Section 2

- 2
- 605 that are credited to the authority to construct/permit to operate. The cumulative increase associated with an authority to construct/permit to operate issued in the past shall be determined using the increase in potential to emit and contemporaneous onsite emissions reductions credits calculated at the time of issuance of the authority to construct/permit to operate. E mission reduction credit s may not be double
- counted ( e.g
. , an emission reduction credit may not be applied to the cumulative increase calculation for more than one authority to construct/permit to operate )

. 2 - 2 - 60 8 Facility Un - O ffset Cumulative Increase Calculation Procedures: For purposes of

applying the e mission offset provisions of Sections 2

- 2
- 302 and 2
- 2
- 303, a facility’s un - offset cumulative increase in emissions since the baseline date shall be calculated using the following procedures: 60 8 .1 Project Cumulative I n crease : T he cumulative increase from the project being permitted shall be determined in accordance with Section 2

- 2
- 60 7

. 6 0 8 .2 Prior Un
- Offset Cumulative Increase : F or each p r e vious authority to construct/permit to operate issued for the facility , and for any related source as defined in Se ction 2
- 2
- 2 26, after the cumulative increase baseline date as specified in Section 2

- 2
- 2 09 (but excluding any authority to construct/permit to operate issued because a source lost its permit exemption per Section 2
- 1
-

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 46 424 and any authority to construct/perm it to operate for a source that has been permanently removed from service ) , the un
- offset cumulative increase shall be determined by: 2.1 Calculating the cumulative increase associated with each previous authority to construct/permit to operate issued for the facility , and for any related source as defined in Section 2

- 2
- 2 26 , determined in accordance with Sections 2

- 2
- 607 ; and 2.2 Subtracting any offsets provided in connection with the authority to construct/permit to operate (including any offsets provi ded from the District’s Small Facility Banking Account)

. 60 8 .3 Facility Un
- Offset Cumulative Increase : The facility’s un

- offset cumulative increase shall be determined by adding (i) the project cumulative increase calculated according to Section 2

- 2
- 60 8 .1 and (ii) the un
- offset cumulative increase from each previous authority to construct/permit to operate issued for the facility , and for any related source as defined in Section 2

- 2
- 2 26 , after the cumulative increase baseline date as specified in Section 2

- 2
- 2 09 (but excluding any authority to construct/permit to operate issued because a source lost its permit exemption per Section 2
- 1
- 424 and any authority to construct/permit to operate for a source that has been permanently removed from service ) calculated according to Section 2

- 2
- 60 8 .2

. Offsets shall be provided for the facility’s un

- offset cumulative increase multiplied by the applicable offset ratio specified in Section 2

- 2
- 302 and 2
- 2
- 303. 2 - 2 - 6 09 Official Record of Cumulative Increases and Offsets : Th e APCO may establish

and maintain a database or other accounting document to record the cumulative increase (including project cumulative increase and associated emission reduction credits) and offsets associated with each authority to construct/permit to operate issued for a facility. In calculating the un
- offset cumulative increase associated with a previous authority to construct/permit to operate under Section 2

- 2
- 60 8 .2, the APCO may rely on the data specified in such document as conclusive, unless the APCO has information that indicates that some other data is more accurate. Records of cumulative increase and offsets shall be updated as necessary to ensure that they are current and accurate

. 2 - 2 - 6 1 0 Facility Emissions Calculation Procedures, Cargo C arriers: For purposes of

applying the offset requirements of Sections 2

- 2
- 302 and 2
- 2
- 303, a facility’s potential to emit and cumulative increase shall be calculated including emissions from cargo carriers (other than motor vehicles) associated with the s ources at the facility. When applying these offset requirements, f acilities that include cargo loading or unloading from cargo carriers other than motor vehicles shall include the cargo carriers as part of the source that receives or loads the cargo. Acco rdingly, all emissions from such cargo carriers while operating in the District, or within California Coastal Waters up to 11 nautical miles (12.66 statute miles) from the Golden Gate Bridge (and any additional areas of California Coastal W aters adjacent t o the District if cargo carrier emissions in such areas would have a substantial impact on air quality within the District) , shall be included as part of the source ’s emissions. Emissions from cargo carriers shall not be included for purposes of applying any other provisions of this Regulation 2 , including the BACT and PSD requirements

.

### EPA SIP REVIEW COMPARISON

Bay Area Air Quality Management District Amended Regulation as adopted 12/19/2012 2
- 2
- 47 

### 2 - 2 - 611 Emission Calculation Procedures, Fugitive Emissions: Any fugitive emissions from a source shall be included in calculating the source’s emissions for all purposes under this R ule 4 are followed. (Adopted June 15, 1994) ; except that for purposes of determining whether a facility’s emissions exceed the 100 ton per

year threshold in Section 2

- 2
- 2 17 (for a “Major Faci lity”) and Section 2

- 2
- 224.1 (the first element in the definition of “PSD Project”) , fugitive emissions shall be included only if the facility is in one of the 28 categories listed in Section 169(1) of the Clean Air Act.