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REGULATION 1

AIR POLLUTION CONTROL RULES

MENDOCINO COUNTY

AIR QUALITY MANAGEMENT DISTRICT

of the

CALIFORNIA

NORTH COAST AIR BASIN

Mendocino County Air Quality Management District Regulation 1

REGULATION 1

AIR POLLUTION CONTROL RULES

OF THE

MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT

Mendocino County Air Quality Management District Regulation 1

APPENDIX A - Procedures for Environmental Impact Review

APPENDIX B - Continuous Monitoring

Mendocino County Air Quality Management District Regulation 1

CHAPTER I - GENERAL PROVISIONS

RULE 1-100 - AUTHORITY

These Rules and Regulations are adopted pursuant to the provisions of Division 26 of the Health and Safety Code of the State of California and shall be known as the Rules and Regulations of the Mendocino County Air Quality Management District.

RULE 1-105 – JURISDICTION

(a)The jurisdiction of the Mendocino County Air Quality Management District shall be coterminous with the existing boundaries of Mendocino County.

(b)The Mendocino County Air Quality Management District lies within the North Coast Air Basin.

The North Coast Air Basin is comprised of the Counties of Del Norte, Trinity, Humboldt, Mendocino, and that region of Sonoma County designated as the Northern Sonoma County Air Pollution Control District.

[Amended 5/6/03]

RULE 1-110 - PURPOSE

These rules and regulations are set forth to achieve and maintain such levels of air quality as will protect human health and safety; prevent injury to plant and animal life; avoid damage to property; and preserve the comfort, convenience and enjoyment of the natural attractions of Mendocino County.

It is the intent of the Mendocino County Air Quality Management District to adopt and enforce rules and regulations which assure that reasonable provisions are made to achieve and maintain state and federal ambient air quality standards for the area under the District’s jurisdiction and to enforce all applicable provisions of State law.

RULE 1-120 - ADMINISTRATION

The procedures and restrictions set forth in these rules and regulations shall be administered by the Mendocino County Air Quality Management District within its area of jurisdiction as authorized by Section 40002 of the California Health and Safety Code; Chapter 3, Part 3, Division 26 of said code; or by contractual agreements between districts in accordance with the provisions of Section 40701 of said code, and further described in Section 90120 of Title 17 of the California Administrative Code.

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RULE 1-130 - DEFINITIONS

Except as otherwise specifically provided in these rules and regulations, words used in these rules and regulations are used in exactly the same sense as the same words are used in the federal Clean Air Act Amendments of 1990 and as amended at the time of application, Title 40 of the Code of Federal Regulations, Part 52.21, and Division 26 of the State of California Health and Safety Code. Where Title 40 of the Code of Federal Regulations, Part 52.21 refers to the responsibilities of the Administrator of the U.S. Environmental Protection Agency, the term Administrator shall be construed to mean Air Pollution Control Officer.

[Amended 5/6/03, Amended 12/5/06, Amended 2/15/11]

(a1) Agricultural Operation:

The growing and harvesting of crops, or the raising of fowl, animals or bees as a gainful occupation, or forest management, or range improvement or in the improvement of land for wildlife and game habitat, or disease or pest prevention.

(a2) Air Contaminant:

Any discharge, release, or other propagation into the atmosphere directly, or indirectly, caused by man and includes, but is not limited to, smoke, charred paper, dust, soot, grime, carbon, fumes, gases, odors, particulate matter, acid, or any combination thereof.

(a3) Air Pollution Abatement Operation:

Any operation that has as its essential purpose a significant reduction in the emission of air contaminants or the effect of such emission.

(a4) Air Pollution Control Officer (APCO):

The Air Pollution Control Officer of the District

(a5) Ambient Air Quality Standard:

The specific concentrations and durations of air pollutants that reflect the relationship between intensity and composition of pollution to undesirable effects.

(a6) Approved Combustibles:

Brush, trees, and other vegetation grown on the property where it is to be burned.

(b1) Baseline Concentration:

That ambient concentration level which exists in the baseline area at the time of the establishment of the applicable baseline date as determined in accordance with Section 52.21 of the Code of Federal Regulations. (40 CFR 52.21(b)(13))

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(b2) Best Available Control Technology (BACT):

An emissions limitation based on the maximum degree of reduction of each air contaminant subject to regulation under the federal Clean Air Act Amendments of 1990 and as amended at the time of application emitted from or that results from any stationary or portable source or modification, which the Air Pollution Control Officer, on a case by case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such stationary source through application of production processes and available methods, systems, and techniques for control of such air contaminants. Said BACT determinations may include a design standard, operational equipment specifications, fuel restrictions, work practice or combination thereof. In no event shall application of BACT result in emissions of any pollutants that will exceed the emissions allowed under Rules 1-490 and 1-492 of this regulation. If the reviewing authority determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard or combination thereof, may be prescribed instead to satisfy the requirements for the application of BACT (40 CFR 52.21(b)(12)).

The BACT process shall be applied to any air contaminants that have been identified as toxic air contaminants (TAC) by the U.S. Environmental Protection Agency, the California Air Resources Board or the Mendocino County Air Quality Management District Board.

[(b2) Paragraph 2 is not included as part of the SIP]

(c1) CAAA:

The Federal Clean Air Act Amendments of 1990, as amended at the time of application.

(c2) CAPCOA:

California Air Pollution Control Officer’s Association

(c3) CCAA:

California Clean Air Act

(c4) CFR:

Code of Federal Regulations

(c5) Combustion Contaminants:

Matter discharged into the atmosphere from the burning of any kind of material, excluding carbon dioxide and water.

(c6) Compression Ignition (CI)

Compression ignition internal combustion engine.

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(c7) Control Strategy:

A combination of measures designed to reduce air contaminant emissions in accordance with the State Implementation Plan for the Mendocino County Air Quality Management District.

(d1) District:

The Mendocino County Air Quality Management District as required by California Health and Safety Code, Section 40002 or a multi-county unified district authorized by Chapter 3, Part 3, Division 26, of said code.

(d2) Dust:

Minute solid particles released into the air by natural forces or by mechanical processes such as grading, crushing, grinding, milling, drilling, demolishing, shoveling, conveying, bagging, sweeping, etc.

(e1) Emissions:

The act of passing into the atmosphere an air contaminant or gas stream that contains an air contaminant, or the air contaminant so passed into the atmosphere.

(e2) Episode Alert:

A condition in an air basin whenever the concentration of any air contaminant in that air basin, has been verified to have reached a predetermined level that threatens the ambient air quality standard as defined in Rule 1-160 depending upon the particular topography and meteorology of the air basin. "Verified" means the pertinent measuring instrument has been checked over the following fifteen-minute period and found to be operating correctly.

(f1) Fumes:

"Fumes" means vapors, mists, and airborne liquid or solid particulate matter or any combination including these.

(g1) Geothermal Operations:

Those activities related to the extraction, transmission, and utilization of geothermal steam that may directly, or indirectly, result in air contaminant emissions.

(g2) Greenhouse Gases (GHGs):

A gas that has the capacity to create a warming effect in the earth’s atmosphere; for the purposes of this rule: carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

[Added 2/15/11]

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(h1) Hearing Board:

The appellate review board of the Mendocino County Air Quality Management District as provided for by Section 40800 of the California Health and Safety Code.

(i1) Impact/Baseline Area:

That area where the concentration of emissions from a proposed source is predicted to be 1 ug/m3 or greater using an Environmental Protection Agency approved ambient air quality model.

(i2) Indirect Source:

A facility, building, structure or installation, or combination thereof, that indirectly results in, or is projected to result in unmitigated emissions in excess of the following: ROG – 180 lbs/day, NOx – 42 lbs/day, CO – 690 lbs/day, PM10 – 80 lbs/day. Projected unmitigated emissions are to be generated using the latest ARB approved version of URBEMIS with the Mountain and Rural Counties default settings, or other ARB approved indirect source model. In any model the latest available fleet, meteorology, and trip generation information will be used and the model run for each season.[Amended 5/6/03]

(i3) Installation:

The placement, assemblage or construction of equipment or control apparatus at the premises where the equipment or control apparatus will be used, and includes all preparatory work at such premises.

(l1) Large Grading Operation:

A grading activity involving more than one (1) acre of exposed soil or more than one (1) mile of road during any single calendar year.

[Added 12/5/06]

(m1) Major Modification:

“Major Modification” as it applies to gasoline dispensing facilities means the addition, replacement, or removal of an underground storage tank, underground piping, vapor piping within a dispenser, or a dispenser of an existing installation. The replacement of a dispenser is not a major modification when the replacement is occasioned by end user damage to a dispenser.

(m2) Maximum Achievable Control Technology (MACT):

An emissions limitation which is not less stringent than the emissions limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the permitting authority, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the source.

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(m3) Modeling:

A procedure for estimating the ambient air concentration of air contaminants based upon emission profiles, dispersion simulations or other techniques approved by the U.S. Environmental Protection Agency, the California Air Resources Board and/or the Mendocino County Air Pollution Control Officer.

(m4) Modification:

"Modification" means any change in the structure, location, operation, conditions of operation, process materials or fuel of any stationary source that may increase or decrease the amount of any air contaminant emitted into the atmosphere by that source, and that is not already specifically allowed by a permit to operate issued by the District. An increase in production rate or in hours of operation beyond limits set in the permit to operate from the District is a modification. Otherwise, an increase or decrease in production rate or in hours of operation is not a modification.

(n1) Net Increase in Emissions:

The amount by which the sum of any increase in actual emissions from a particular physical change or change in method of operation at a stationary source, and any other increases and decreases in actual emissions at the source that are creditable in accordance with 40 CFR 52.21(b)(3) and (21), exceeds zero.

(o1) Operation:

Any physical action resulting in a change in the location, form or physical properties of a material, or any chemical action resulting in a change in the chemical composition or the chemical or physical properties of a material.

(o2) Orchard, Vineyard, or Citrus Grove Heater:

Any article, machine, equipment or other contrivance burning any type of fuel or material capable of emitting air contaminants used or capable of being used for the purpose of giving protection from frost damage.

(o3) Organic Gas:

Any molecular gas containing carbon and hydrogen or carbon and hydrogen in combination with any other element.

(o4) Owner:

Includes, but is not limited to, any person who leases, supervises or operates equipment, in addition to the normal meaning of ownership.

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(p1) Particulate Matter:

Any material, except uncombined water, that exists in a finely divided form as a liquid or solid at standard conditions. Specific size fractions of particulate matter are defined as follows:

1.PM2.5 means particulate matter, both filterable and condensable, with an aerodynamic diameter less than or equal to a nominal two and one half (2.5) micrometers.

2.PM10 means particulate matter, both filterable and condensable, with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers.

[Amended 2/15/11]

(p2) Permit:

Refers to either an Authority to Construct, Temporary Permit to Operate or Permit to Operate, whichever is legally in effect.

(p3) Person or Persons:

An individual, public or private corporation, political subdivision, agency, board, department or bureau of the state, municipality, partnership, co-partnership, firm, association, trust or estate, or any other legal entity whatsoever that is recognized in law as the subject of rights and duties.

(p4) Portable Source:

All units of air contaminant emitting articles, machines, equipment or other contrivance that are designed to be moved from location to location, whose emitting source is not the motive power for such moving, and that does not have a valid California Portable Equipment permit.

(p5) Potential to Emit:

The maximum capacity of a stationary source to emit an air contaminant under its physical and operational design, after considering physical and operational limitations that are enforceable by conditions imposed by the District in both the Authority to Construct and Permit to Operate. (40 CFR 52.21(b)(4))

(p6) PPM:

Parts per million by volume expressed on a dry gas basis.

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(p7) Precursor:

A substance that, when released to the atmosphere, forms or causes to be formed or contributes to the formation of another or secondary air pollutant for which a national ambient air quality standard has been adopted, or whose presence in the atmosphere will contribute to the violation of one or more national ambient air quality standards. Presently identified precursors and secondary pollutants are:

[Amended 2/15/11]

(p7) Prevention of Significant Deterioration (PSD) Increment:

The maximum allowable increase of ambient air quality above baseline concentration in the three classified areas.

Allowable PSD Increments micrograms per cubic meter

* Not to be exceeded more than once a year.

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Municipal solid waste landfills:

Nonmethane organic compounds: 45 megagrams per year (50 tons per year) Greenhouse Gases:

For the purpose of Rule 1-220 only: as specified in Rule 1-221.4 (a) or 1-221.4 (c)

For the purpose of Regulation 5 only: as specified in Rule 1-221.4 (b)

Other pollutants regulated under the Clean Air Act: any emissions rate whatsoever (52.21(b)(23)(ii)).

Hazardous Air Pollutant (HAP) listed pursuant to Section 112(g) of the federal Clean Air Act Amendments of 1990 and as

amended at the time of application 10 tons per year of any one HAP

25 tons per year for two or more HAPs

* Volatile Organic Compounds except for ethanol sources below the EPA yearly threshold (40 tons per year).

Not withstanding the above significant emissions rates for various air contaminants, significant also means any net emissions increase from any new or modified stationary source that would be constructed within 10 kilometers of a Class I area and have an air quality impact on such area equal to or greater than 1 microgram per cubic meter (24 hour average). (40 CFR 52.21(b)(23)(iii)) The above Significant Emissions Rates are not to be used for CEQA determination.

(s4) Stacking:

The venting of geothermal steam from associated unit steam supply transmission line into the atmosphere during associated power plant shutdowns (outages), startups or load curtailments.

(s5) Standard Conditions:

As used in these regulations, refers to a gas temperature of 20 degrees Centigrade (68 degrees Fahrenheit) and a gas pressure of 760 millimeters of mercury absolute (14.7 pounds per square inch absolute).

(s6) Standard Cubic Meter of Gas (Standard Cubic Foot of Gas):

The amount of gas that would occupy the specified cubic measure if free of combined water at standard conditions.

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(s7) Stationary Source:

All units of air contaminant emitting articles, machines, equipment or other contrivances, which are located on adjacent or contiguous properties under the control of the same person (or persons under common control) and all of which are determined by the Air Pollution Control Officer to be related to one another through a similar product, raw material or function and are included in the same standard industrial classification.

(s8) Steam Generating Unit:

Any furnace or boiler used in the process of burning fuel for the purpose of producing steam by heat transfer.

(t1) Total Reduced Sulfur (TRS):

"TRS" means total reduced sulfur contained in hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide or other organic sulfide compounds, all expressed as hydrogen sulfide. Sulfur dioxide, sulfur trioxide, or sulfuric acid mists are not to be included in the determination of TRS.

(t2) Toxic Air Contaminant:

"Toxic air contaminant" means any substance identified by the Air Resources Board as a toxic air contaminant pursuant to California Health and Safety Code, Section 39650 et seq., or listed as a hazardous air pollutant pursuant to Subsection (b) of Section 112 of the federal Clean Air Act (42 U.S.C. Sec. 7412(b)).

(t3) Trade Secrets:

As used in these rules and regulations, Trade Secrets include, but are not limited to, any formula, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or to perform a service having commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it.

(u1) URBEMIS:

Urban Emissions Model. A CARB approved computer program that can be used to estimate emissions associated with land development projects in California such as residential neighborhoods, shopping centers, office buildings, and construction projects.

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RULE 1-140 - EMERGENCY CONDITIONS

In the event of atmospheric conditions causing a dangerous or potentially hazardous concentration of air contaminants, the Air Pollution Control Officer shall take immediate action in curtailing those emissions known to be contributing to a possible episode situation.

RULE 1-150 - PUBLIC RECORDS

In accordance with the provisions of Government Code, Section 6254.7, all air pollution monitoring and emissions data in the possession of the Air Quality Management District are public records. All information, analyses, plans or specifications that disclose the nature, extent, quantity, or degree of air contaminants or other pollution which any article, machine, equipment or other contrivance will produce, which are in the possession of the Air Quality Management District, are public records, with the exception of certified "trade secrets". Trade secrets may only be certified as such upon written request by the owner of said secrets and concurrence of the Air Pollution Control Officer. Within 10 calendar days of receipt of any documents containing trade secrets, so designated by the owner, the Air Pollution Control Officer shall:

(a)Make a determination of certification of the documents containing trade secrets and notify the owner that the documents will be placed in a locked file to be made accessible only to the staff of the Air Quality Management District or to the public following a court order.

(b)Return to the owner all documents that have been designated as trade secrets, following a determination by the Air Pollution Control Officer that they are not necessary in conducting the activities of the Air Quality Management District.

(c)Notify the owner that the Air Pollution Control Officer has determined that the documents do not meet the criteria established for trade secrets. All such documents will be considered as public records and will be so designated at the end of a 30-day period, unless the owner files an appeal with the Air Quality Management District Hearing Board.

Upon written request, any specific public records in the possession of the Air Quality Management District will be made available to the public within 10 calendar days. Such requests shall be in writing and a reasonable fee may be charged, not to exceed the actual cost of providing the requested information.

[Amended 5/6/03]

RULE 1-160 – AMBIENT AIR QUALITY STANDARDS

The ambient air quality standards of the Mendocino County Air Quality Management District shall be those established by the California Air Resources Board and the U.S. Environmental Protection Agency. (See Table 1-1)

[Adopted 5/6/03]

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RULE 1-190 - VALIDITY

(a)If any provisions of these regulations shall be rendered void or unconstitutional by judicial or other determination, all other parts of these regulations that are not expressly held to be void or unconstitutional shall continue in full force and effect.

(b)These regulations are not intended to permit any practice which is in violation of any statute, ordinance, order or regulation of the United States, State of California, county or incorporated city; and no provisions contained in these regulations are intended to impair or abrogate any civil remedy or process, whether legal or equitable, which might otherwise be available to any person.

(c)These regulations shall be liberally construed for the protection of the health, safety and welfare of the people of Mendocino County.

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Table I-1 – Ambient Air Quality Standards

* On June 20, 2002, the Air Resources Board approved staff’s recommendation to revise the PM10 annual average standard to 20 μg/m3 and to establish an annual standard for PM2.5 of 12 μg/m3. These standards will take effect upon final approval by the Office of Administrative Law, which is expected in September, 2003. Information regarding these revisions can be found at http://www/arb.ca.gov/research/aaqs/std-rs/std-rs/htm

See also footnotes on next page…

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Footnotes:

1.California standards for ozone, carbon monoxide (except Lake Tahoe), sulfur dioxide (1 and 24

hour), nitrogen dioxide, suspended particulate matter – PM10, PM2.5 and visibility reducing particles, are values that are not to be exceeded. All others are not to be equaled or exceeded. California ambient air quality standards are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations.

2.National standards (other than ozone, particulate matter, and those based on annual averages or annual arithmetic mean) are not to be exceeded more than once a year. The ozone standard is attained when the fourth highest eight-hour concentration in a year, averaged over three years, is

equal to or less than the standard. For PM10, the 24-hour standard is attained when 99 percent of the daily concentrations, averaged over three years, are equal to or less than the standard. For

PM2.5, the 24-hour standard is attained when 98 percent of the daily concentrations, averaged over three years, are equal to or less than the standard. Contact U.S. EPA for further clarification and current federal policies.

3.Concentration is expressed first in units in which it was promulgated. Equivalent units given in parentheses are based upon a reference temperature of 25°C and a reference pressure of 760 mm of mercury. Most measurements of air quality are to be corrected to a reference temperature of 25°C and a reference pressure of 760 mm of mercury (1,0132 millibars); ppm in this table refers to ppm by volume, or micromoles of pollutant per mole of gas.

4.Any equivalent procedure that can be shown to the satisfaction of ARB to give equivalent results at or near the level of the air quality standard may be used.

5.National Primary Standards: The level of air quality necessary, with an adequate margin of safety, to protect the public health.

6.National Secondary Standards: The level of air quality necessary to protect the public welfare from any known or anticipated effects of a pollutant.

7.Reference method as described by the U.S. EPA. An “equivalent method” of measurement may be used but must have a “consistent relationship to the reference method” and must be approved by the U.S. EPA.

8.New (federal) national 8-hour ozone and fine particulate matter standards were promulgated by U.S. EPA on July 18, 1997. The national 1-hour ozone standard continues to apply in areas that violate the standard. Contact U.S. EPA for further clarification and current federal policies.

9.The ARB has identified lead and vinyl chloride as ‘toxic air contaminants’ with no threshold level of exposure for adverse health effects determined. These actions allow for the implementation of control measures at levels below the ambient concentrations specified for these pollutants.

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CHAPTER II – PERMITS

All permit requirements and procedures covered by this chapter are and shall be interpreted in accordance with the provisions of the federal Clean Air Act Amendments of 1990 and as amended at the time of application, Title 40 of the Code of Federal Regulations, Part 52.21, Division 26 of the California Health and Safety Code; and the California Environmental Quality Act of 1970 as amended at the time of application, as applicable, to comply with the California State Implementation Plan (SIP).

[Amended 5/6/03]

RULE 1-200 - PERMIT REQUIREMENTS

(a) Authority to Construct or Modify

A written authorization shall be obtained from the District prior to starting construction, modification, operation or use of any stationary, portable, indirect source or conducting large grading operations which may cause, potentially cause, reduce, control or eliminate the emission of air contaminants. A single authorization may be issued for all components of an integrated system or process. An Authority to Construct shall remain in effect for one (1) year or until a Permit to Operate is issued or denied, or the application is canceled at the request of the applicant, whichever occurs first. If the Authority to Construct expires prior to issuance of a Permit to Operate, the authorization may be extended by the applicant submitting an annual renewal fee per Rule 1-300(f). Construction not in accordance with this Authority to Construct shall be sufficient reason to deny a Permit to Operate.

[Amended 5/6/03, Amended 12/5/06]

(b) Applications

All applications for an Authority to Construct, Erect, Modify, Replace, Operate or Use any equipment, indirect source or to conduct large grading operations, which may cause, potentially cause, reduce, control, or eliminate the emission of air contaminants, shall be filed at the office of the District or its designated agent for accepting applications, except as provided in Rule 1-220(c) for new power plants. Such application shall contain all information requested by the District from the list adopted pursuant to "AB 884" (1977) (California Public Utilities Commission, Information and Criteria List). Upon request of the Air Pollution Control Officer, any existing stationary, portable, or indirect source of air contaminant emissions, actual or potential, shall apply for a Permit to Operate from the District. The applicant for an Authority to Construct or Permit to Operate shall pay the fees as specified in Regulation 1, Rule 1-300 et seq.

[Amended 12/5/06]

(c) Preliminary Determinations

In acting upon an application for an Authority to Construct, the Air Pollution Control Officer shall make the following determinations:

(1) Whether the project application is subject to the requirements of Regulation 1 of the Mendocino County Air Quality Management District.

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(2)Whether the project application is ministerial, categorically exempt, statutorily exempt, or subject to an environmental evaluation in accordance with the requirements of the California Environmental Quality Act of 1970 as amended at the time of application.

(3)Whether the project application is subject to the new source review procedures specified in Rule 1-220(b).

(4)Whether the project is subject to the new power plant review procedures specified in Rule 1-

220(c).

(5)Whether the project application is subject to the requirements of federal New Source Performance Standards Rule 1-490), or subject to national emission standards for Hazardous Air Pollutants (Rule 1-492).

(6)Whether the project is classified as a major stationary source or major modification under the provisions of Title 40 of the Code of Federal Regulations, Part 52.21 and subject to all applicable Prevention of Significant Deterioration review requirements.

(d) General Exemptions

An Authority to Construct and Permit to Operate shall be required for all new or modified facilities, equipment, processes, operations or indirect sources which may emit air contaminants with the following exceptions:

(1)Any vehicle as defined in the Vehicle Code.

(2)Equipment utilized exclusively in connection with any structure, which structure is designed for and used exclusively as a dwelling for not more than four families.

(3)Barbecue equipment that is not used for commercial purposes.

(4)Orchard, vineyard or citrus grove heaters.

(5)Any equipment used in agricultural operations in the growing of crops or the raising of fowl or animals in accordance with California Health and Safety Code, Section 42310(e).

(6)Mixing, blending, conveying, or other mechanical systems which do not, directly or indirectly, emit air contaminants.

(7)Gasoline and organic liquid storage tanks having a capacity of less than 250 gallons.

(8)Any article, machine, equipment or other contrivance that the Air Pollution Control Officer finds emits air contaminants below the significance level and he determines should be exempted.

No exemption from the requirements listed herein under Rule 1-200(d) for an Authority to Construct or Permit to Operate may be allowed for any individual source that is subject to New Source Review in accordance with Rule 1-220(b).

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RULE 1-210 - ENVIRONMENTAL ASSESSMENT

If the Air Pollution Control Officer determines that the application is for a project or a portion of a project for which another public agency has already acted as the lead agency in compliance with the California Environmental Quality Act of 1970 (CEQA) as amended at the time of application, no further processing of environmental documents shall be required. The Air Pollution Control Officer shall then follow the procedure set forth in Article XII of Appendix A to this regulation.

If the Air Pollution Control Officer determines that the application is for a project that does not fall within the above paragraph, and the Air Pollution Control Officer determines that the project is ministerial, categorically exempt or will have no significant effect on the environment, it shall be exempt from the requirements of CEQA. If the Air Pollution Control Officer determines that such project is not ministerial, is not categorically exempt but that it may have a significant effect on the environment, the Procedures for Environmental Impact Review as found in Appendix A to this regulation, shall be followed. Other project reviews performed by the District may proceed concurrently with a detailed environmental assessment, but an Authority to Construct may not be issued by the Air Pollution Control Officer until completion and filing of the Notice of Determination.

RULE 1-220 - NEW SOURCE REVIEW STANDARDS (INCLUDING PSD

EVALUATIONS)

(a)Emission Analysis

In reviewing an Authority to Construct for any new or modified stationary source subject to the requirements of this chapter, the Air Pollution Control Officer shall require the applicant to submit information sufficient to describe the nature and amounts of emissions; the location, design, construction, and operation of the source; and to submit any additional information requested by the Air Pollution Control Officer to make the approval determinations required by the provisions of Rule 1-230.

For the purposes of emission considerations:

(1)Emissions from a proposed new or modified stationary source shall be based on the source's potential to emit any air contaminant subject to regulation under the federal Clean Air Act Amendments of 1990 and as amended at the time of application and Title 40 of the Code of Federal Regulations, Part 52.21(b)(4).

(2)Emissions from a proposed modified stationary source shall be based upon the cumulative net emission increases or reductions that may occur as a result of the modifications and conditions imposed by either an Authority to Construct or a Permit to Operate, excluding any emission reductions required to comply with federal, state, or district laws, rules, or regulations, (40 CFR 52.21(b)(2&3)).

(3)Emissions from an existing stationary or previously permitted source shall be based on the actual rate of air contaminant emissions during the two-year period of operation prior to the date of application. A different averaging period may be used if the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that it would be more representative of normal source operation, (40 CFR 52.21(b)(3&21)).

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(b)New Source Review Procedure

In reviewing an Authority to Construct for any new or modified stationary source which is subject to Rules 1-490 or 1-492; or for any new or modified stationary source which the Air Pollution Control Officer estimates will result in a significant net increase in emissions of any air contaminant regulated under the federal Clean Air Act Amendments of 1990 and as amended at the time of application, and precursors of such contaminants, the Air Pollution Control Officer shall: (Significant levels are defined in Rule 1-130(s2)). The New Source Review process is diagramed in Rule 1, Figure 1.

(1)Determine best available control technology (BACT) for each air contaminant for which the significance level is exceeded and so inform the applicant,(40 CFR 52.21(b)(12)).

(2)Analyze the effect of the new or modified stationary source on air quality for each air contaminant for which the significance level is exceeded and require that the applicant comply with the preconstruction monitoring requirements of Section 52.21 of the Code of Federal Regulations, (40 CFR 52.21(m)).

(3)Determine that approved stack height good engineering practices are employed and prepare or cause to be prepared an analysis of the following:

(A)The effect of increased emissions of air contaminants, including associated vessel emissions, on the PSD increments.

(B)The expected net increase above baseline concentration for any proposed new stationary source or modification whose emissions, including any associated vessel emissions, exceed the significant levels defined in Rule 1-130(s2).

NOTE: Increment consumption prior to the date of application of the proposed source shall be calculated by including major, minor and mobile sources.

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

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

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

APCD's and AQMD’s in the air basin, all adjoining APCD's and AQMD’s in other air basins, and any federal land managers of a Class I area which may experience a significant air quality impact or is within 100 kilometers.

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(7)In the event of an air quality controversy, hold a public hearing on the project and consider all public comments submitted prior to the granting or denial of the Authority to Construct. Notice of the public hearing shall be published in at least one newspaper of general circulation in the District at least 10 days prior to the public hearing.

(8)Transmit copies of the application and notice of each action affecting the application to EPA and the managers of any affected Class I areas.

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

(10)Within 30 days of the issuance of an Authority to Construct the Air Pollution Control Officer shall publish a notice in the local newspaper with the highest circulation in the area.

(c)Power Plant Review Procedures

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

(1)Within fourteen days of receipt of an NOI, the Air Pollution Control Officer shall notify the ARB and the CEC of the District's intent to participate in the NOI proceeding. If the District chooses to participate in the NOI proceeding, the Air Pollution Control Officer shall prepare and submit a report to the ARB and the CEC prior to the conclusion of the non-ad judicatory hearings specified in Section 25509.5 of the Public Resources Code. That report shall include, at a minimum:

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

(B)a preliminary discussion of whether there is substantial likelihood that the requirements of Rule 1-230(a) and all other District regulations can be satisfied by the proposed facility;

(C)a preliminary list of conditions which the proposed facility must meet in order to comply with Rule 1-230(a) or any other applicable District regulation.

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

(2)Upon receipt of an Application for Certification (AFC) for a power plant, the Air Pollution Control Officer shall conduct a Determination of Compliance review in accordance with the procedures of Rule 1-220. If the information contained in the AFC does not meet the requirements of Rule 1-200(b), the Air Pollution Control Officer shall, within 20 calendar days of receipt of the AFC, so inform the CEC, and the AFC shall be considered incomplete and returned to the applicant for re-submittal.

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

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

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

(A)whether the proposed power plant meets the requirements of Rule 1-230(a) and all other applicable district regulations; and

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

(C)complete the new source review requirements of Rule 1-230.

(6)Within 240 days of the filing date, the Air Pollution Control Officer shall submit to the CEC a Determination of Compliance, or if such a determination cannot be issued, shall so inform the CEC as to the reason for noncompliance.

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

RULE 1-221 – FEDERAL PERMITTING FOR GREENHOUSE GAS EMISSIONS

Adopted 2/15/11

RULE 1-221.1 - PURPOSE

The purpose of this rule is to:

(1)Ensure that any stationary source that has the potential to emit greenhouse gases, as defined in this rule, above applicable thresholds complies with the requirements of Rule 1-220, or Regulation 5, as applicable; and

(2)Establish federally enforceable limits on potential to emit greenhouse gases for stationary sources that elect to comply with such limits in lieu of obtaining a Part 70 permit that is otherwise required.

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RULE 1-221.2 - APPLICABILITY

(a) General Applicability

Except as provided in Rules 1-221.2 (b) through 1-221.2 (d) below, this rule shall apply to any stationary source that has the potential to emit greenhouse gases.

(b)Exemption, Stationary Source with Potential to Emit Greenhouse Gases below Specified Thresholds

This rule shall not apply to any stationary source that has a maximum potential to emit greenhouse gases below the thresholds in Rule 1-221.3 (m1), including sources with their potential to emit limited by conditions in an operating permit, if the conditions are federally, or legally and practically enforceable.

(c)Exemption from Recordkeeping and Reporting

The following sources shall not be required to comply with the recordkeeping and reporting provisions in Rules 1-221.5, 1-221.6, and 1-221.7:

(1)A stationary source that emits, or will emit, less than or equal to 5,000 tons per year of CO2e, in every 12-month period. Within 30 days of a written request by the District or the U.S. EPA, the owner or operator of such stationary source shall demonstrate that the stationary source's greenhouse gas emissions are less than or equal to 5,000 tons per year of CO2e, in every 12-month period in the preceding 5 years.

(2)Any stationary source that would otherwise be subject to the provisions of Rule 1- 221.4 (b)(2) below and that meets both of the following conditions:

(A)The owner or operator has notified the District at least 30 days prior to any violation that s/he will submit an application for a Part 70 permit under Regulation 5, or otherwise obtain federally-enforceable permit limits, and

(B)A complete Part 70 permit application under Regulation 5 is received by the District, or the permit action to otherwise obtain federally-enforceable limits is completed within 12 months of the date of notification.

(3)Any stationary source that has applied for a Part 70 permit in a timely manner and in conformance with Regulation 5 and is awaiting final action by the District and U.S. EPA.

(4)Any stationary source required to obtain a Part 70 permit under Regulation 5 for any reason other than being a major source.

(5)Any stationary source with a valid Part 70 permit.

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Notwithstanding Rule 1-221.2 (c)(2) and (4) above, nothing in this section shall prevent any stationary source that has had a Part 70 permit from qualifying to comply with this rule in the future in lieu of maintaining an application for a Part 70 permit or upon rescission of a Part 70 permit if the owner or operator demonstrates that the stationary source is in compliance with the provisions of Rule 1-221.4 (b)(2).

(d)Exemption from Process Statement

For the purpose of determining compliance with this rule, the requirement in Rule 1-221.6 (a) to submit a process statement shall not apply to stationary sources that emit less than 25,000 tons per year of CO2e, in every 12-month period in the preceding 5 year period.

(e)Otherwise Applicable Requirements

This rule shall not relieve any stationary source from complying with requirements pertaining to any otherwise applicable preconstruction permit, or to replace a condition or term of any preconstruction permit, or any provision of a preconstruction permitting program. This does not preclude issuance of any preconstruction permit with conditions or terms necessary to ensure compliance with this rule.

RULE 221.3 - DEFINITIONS

The definitions provided under Regulation 5 shall apply unless otherwise defined herein.

(a1) 12-month period:

A period of twelve consecutive months determined on a rolling basis with a new 12-month period beginning on the first day of each calendar month.

(a2) Actual Emissions:

The emissions of the sum of greenhouse gases, expressed as CO2e, from a stationary source for every 12-month period. Valid continuous emission monitoring data or source test data shall be preferentially used to determine actual emissions.

In the absence of valid continuous emissions monitoring data or source test data, the basis for determining actual emissions shall be: throughputs of process materials; throughputs of materials stored; usage of materials; data provided in manufacturer's product specifications, material content reports or laboratory analyses; other information required by this rule and applicable District, State and Federal regulations; or information requested in writing by the District. All calculations of actual emissions shall use methods, including emission factors and assumptions, specified or approved by U.S. EPA; where such methods are not available, the APCO may allow methods approved by the California Air Resources Board (CARB) or other District-approved methods, including emission factors and assumptions.

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(a3) Alternative Operational Limit:

A limit on a measurable parameter, such as hours of operation, throughput of materials, use of materials, or quantity of product, as specified in Rule 1-221.7, Alternative Operational Limit and Requirements.

(c1) CO2 Equivalent Emissions (CO2e):

For the purposes of this rule, the sum of the adjusted emissions of each of the six individual greenhouse gases as defined in Rule 1-221.3 (g)(2), below, where the adjusted emissions for each individual greenhouse gas are equal to the mass emissions of that gas multiplied by the global warming potential of that gas, as listed in Appendix A.

(e1) Emission Unit:

Any article, machine, equipment, operation, contrivance or related groupings of such that may produce and/or emit any greenhouse gas.

(f1) Federal Clean Air Act:

The federal Clean Air Act (CAA) as amended in 1990 and as amended at the time of application (42

U.S.C. Section 7401 et seq.) and its’ implementing regulations.

(g1) Global Warming Potential (GWP):

The relative capacity of an individual greenhouse gas to cause a warming effect in the earth’s atmosphere as compared to the capacity of CO2 to cause such warming effect; for the purposes of this rule, the global warming potential of a greenhouse gas shall be as listed in Appendix A.

(g2) Greenhouse Gases (GHGs):

A gas that has the capacity to create a warming effect in the earth’s atmosphere; for the purposes of this rule: carbon dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

(m1) Major Source of GHG Emissions:

On or after July 1, 2011, a stationary source that emits or has the potential to emit greater than or equal to 100,000 tons per year of CO2e, provided that the mass emissions of all GHGs emitted, without consideration of GWP, are equal to or greater than 100 tons per year.

(p1) Part 70 Permit:

An operating permit issued to a stationary source pursuant to an interim, partial or final Title V program approved by the U.S. EPA, including Regulation 5.

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(p2) Potential to Emit:

The maximum capacity of a stationary source to emit a regulated air pollutant based on its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation is federally or legally and practically enforceable.

(p3) Process Statement:

An annual report on permitted emission units from an owner or operator of a stationary source certifying the following information, to the best of their knowledge: throughputs of process materials; throughputs of materials stored; usage of materials; fuel usage; any available continuous emissions monitoring data; hours of operation; and any other information required by this rule or requested in writing by the District.

(s1) Significant:

Significant means any stationary source or modification to a stationary source that emits, or has the potential to emit, any air contaminant listed under Regulation 1, Rule 1-130 (s2) at levels equal to or greater than the specified threshold, excluding greenhouse gases.

RULE 221.4 - EMISSION LIMITATIONS

(a) New Sources:

A new stationary source subject to this rule shall comply with the requirements of Rule 1-220, including implementation of Best Available Control Technology for GHG emissions, if either of the following thresholds is met:

(1)On or after January 2, 2011, the new stationary source is significant and the new stationary source has the potential to emit greater than or equal to 75,000 tons per year of CO2e, and the potential emissions of all GHGs emitted, without consideration of GWP, will be greater than or equal to 100 tons per year on a mass basis for a source in any category listed in Appendix B, or 250 tons per year on a mass basis for any other source; or

(2)On or after July 1, 2011, either the provisions of Rule 1-221.4 (a)(1) apply or the new stationary source has the potential to emit GHGs greater than or equal to 100,000 tons per year of CO2e and the potential emissions of all GHGs emitted, without consideration of GWP, will be greater than or equal to 100 tons per year on a mass basis for a source in any category listed in Appendix B, or 250 tons per year on a mass basis for any other source.

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(b) Existing Sources:

A stationary source subject to this rule shall comply with the provisions of either Section (1) or (2), below.

(1)A stationary source shall comply with the requirements of Regulation 5, and shall include in its operating permit emissions of GHGs and all applicable GHG requirements, if either of the following thresholds is met:

(A)On or after January 2, 2011, the stationary source is otherwise required to obtain a Part 70 permit pursuant to the requirements of Regulation 5; or

(B)On or after July 1, 2011, either the provisions of Rule 1-221.4 (b)(1)(A) apply, or it has the potential to emit GHGs greater than or equal to 100,000 tons per year of CO2e, and the potential emissions of all GHGs emitted, without consideration of GWP, will be greater than or equal to 100 tons per year on a mass basis.

(2)Unless the stationary source complies with the provisions of Rule 1-221.4 (b)(1) above or the owner or operator has chosen to operate the stationary source under an alternative operational limit specified in Rule 1-221.7 (a) below, no stationary source subject to this rule shall emit more than 50,000 tons of CO2e, in any 12-month period.

Calculations and other methods to determine applicability of, and compliance with the provisions of Rule 1-221.4 (b) shall be as specified in Regulation 5.

(c) Modifications to Existing Sources:

Any modification to an existing stationary source subject to this rule shall comply with the requirements of Rule 1-220 and shall implement Best Available Control Technology for GHG emissions, if either of the following thresholds is met:

(1)On or after January 2, 2011, the existing stationary source is significant and all of the following apply:

(A)The emissions increase from the modification and the net emissions increase from the facility are greater than or equal to 75,000 tons per year of CO2e; and

(B)The emissions increase from the modification and the net emissions increase from the facility of all GHGs emitted, without consideration of GWP, will be greater than zero.

(2)On or after July 1, 2011, either the conditions in Rule 1-221.4 (c)(1) apply or all of the following apply:

(A)The existing stationary source before modification is a “major source of GHG emissions”; and

(B)The emissions increase from the modification and the net emissions increase from the facility are greater than or equal to 75,000 tons per year of CO2e; and

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(C)The emissions increase from the modification and the net emissions increase from the facility of all GHGs emitted, without consideration of GWP, will be greater than zero.

(3)On or after July 1, 2011, either the conditions in Rule 1-221.4 (c)(1) or (2) apply or all of the following apply:

(A)The emissions increase from the modification and the net emissions increase from the facility are greater than or equal to 100,000 tons per year of CO2e; and

(B)The emissions increase from the modification and the net emissions increase from the facility of all GHGs emitted, without consideration of GWP, will be greater than or equal to 100 tons per year on a mass basis for a source in any category listed in Appendix B, or 250 tons per year on a mass basis for any other source.

Calculations and other methods to determine applicability of, and compliance with the provisions of Rule 1-221.4 (c) shall be as specified in Rule 1-220.

(d) Evaluation:

The APCO shall evaluate a stationary source's compliance with the emission limitations in Rule 1- 221.4 (b)(2),above as part of the District's annual permit renewal process required by Health & Safety Code, Section 42301(e). In performing the evaluation, the APCO shall consider any annual process statement submitted pursuant to Rule 1-221.6 (a). In the absence of valid continuous emission monitoring data or source test data, actual and projected emissions shall be calculated using emissions factors approved by the U.S. EPA; where such factors are not available, the APCO may allow factors approved by CARB, or other District-approved factors.

(e) Permit Applications:

An application for a permit for a stationary source pursuant to Rules 1-221.4 (a), 1-221.4 (b(1)) or 1-221.4 (c) shall include the following information:

(1)An application submitted pursuant to Rule 1-221.4 (a) or (c) shall, in addition to the information specified in Rule 1-220, include sufficient information about greenhouse gas emissions from the new stationary source or modified emissions units at an existing stationary source for the District to determine all applicable requirements, including the net emissions increase of GHG emissions from the project, and a BACT analysis, if required.

(2)An application submitted pursuant to Rule 1-221.4 (b)(1) shall, in addition to the information specified in Regulation 5, include sufficient information about greenhouse gas emissions from all emission units for the District to determine all applicable requirements.

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RULE 221.5 - RECORDKEEPING REQUIREMENTS

The owner or operator of a stationary source subject to this rule shall comply with applicable recordkeeping requirements in this section. However, for a stationary source operating under an alternative operational limit, the owner or operator shall instead comply with the applicable recordkeeping and reporting requirements specified in Rule 1-221.7, Alternative Operational Limit and Requirements. The recordkeeping requirements of this rule shall not replace any recordkeeping requirement contained in an operating permit or in a District, State, or Federal rule or regulation.

(a) Exceeding De Minimis Emissions:

A stationary source previously covered by the provisions in Rule 1-221.2 (C)(1) above shall comply with the applicable provisions of Rule 1-221.5 above and Rules 1-221.6 and 221.7 below if the stationary source emissions exceed 5,000 tons per year of CO2e, in any 12-month period.

(b) Required Records:

The owner or operator of a stationary source subject to this rule shall keep and maintain records for each permitted emission unit or groups of permitted emission units sufficient to determine actual emissions. Such information shall be summarized in a monthly log, maintained on site for five years, and be made available to District, CARB, or U.S. EPA staff upon request.

(1)Combustion Emission Unit

The owner or operator of a stationary source subject to this rule that contains a combustion emission unit shall keep and maintain the following records:

(A)Information on equipment type, make and model, maximum design process rate or maximum power input/output, minimum operating temperature (for thermal oxidizers) and capacity, control devices type and description (if any) and all source test information; and

(B)A monthly log of hours of operation, fuel type, fuel usage, fuel heating value (for non-fossil fuels; in terms of BTU/lb or BTU/gal), percent sulfur for fuel oil and coal, and percent nitrogen for coal.

(2)Emission Control Unit

The owner or operator of a stationary source subject to this rule that contains an emission control unit shall keep and maintain the following records:

(A)Information on equipment type and description, make and model, and emission units served by the control unit;

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(B)Information on equipment design including where applicable: pollutants controlled; control effectiveness; maximum design or rated capacity; inlet and outlet temperatures, and concentrations for each pollutant controlled; all parametric data necessary to verify operation, maintenance, and performance of the device; other design data as appropriate; all source test information; and

(C)A monthly log of hours of operation including notation of any control equipment breakdowns, upsets, repairs, maintenance and any other deviations from design parameters.

(3)General Emission Unit

The owner or operator of a stationary source subject to this rule that contains an emission unit not included in Rule 1-221.5 (b)(1) or (2) above shall keep and maintain the following records:

(A)Information on the process and equipment including the following: equipment type, description, make and model; maximum design process rate or throughput; control devices type and description (if any);

(B)Any additional information requested in writing by the APCO;

(C)A monthly log of operating hours, each raw material used and its amount, each product produced and its production rate; and

(D)Purchase orders, invoices, and other documents to support information in the monthly log.

RULE 221.6 - REPORTING REQUIREMENTS

(a) Process Statement:

At the time of annual renewal of a Permit to Operate under Regulation 1, Rule 1-200, each owner or operator of a stationary source subject to this rule shall submit to the District a process statement for all equipment and processes related to emissions of GHGs. The statement shall be signed by the owner or operator and certify that the information provided is accurate and true.

(b) Loss of Exemption:

A stationary source previously covered by provisions in Rule 1-221.2 (d) above shall comply with the provisions of Rule 1-221.6 (a) above if the stationary source exceeds the quantities specified in Rule 1-221.2 (d).

(c) Deadline to Submit:

Any additional information requested by the APCO under Rule 1-221.6 (a) above shall be submitted to the APCO within 30 days of the date of request.

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RULE 1-221.7 - ALTERNATIVE OPERATIONAL LIMIT AND REQUIREMENTS

The owner or operator may operate the permitted emission units at a stationary source subject to this rule under any one alternative operational limit, provided that at least 90 percent of the stationary source's emissions in every 12-month period are associated with the permitted emission units limited by the alternative operational limit.

(a) Alternative Requirements:

Upon choosing to operate a stationary source subject to this rule under any one alternative operational limit, the owner or operator shall operate the stationary source in compliance with the alternative operational limit and comply with the specified recordkeeping and reporting requirements.

(1)The owner or operator shall report within 24 hours to the APCO any exceedance of the alternative operational limit.

(2)The owner or operator shall maintain all purchase orders, invoices, and other documents to support information required to be maintained in a monthly log. Records required under this section shall be maintained on site for five years and be made available to District or U.S. EPA staff upon request.

(3)Boilers:

The owner or operator shall operate the boilers in compliance with the following requirements:

(A)The boiler shall not use more than (X quantity) of fuel in every 12-month period, or the boiler shall not operate more than (Y hours) in every 12 month period where X and Y are determined by the fuel burned, and Y is also dependent on the total Btu/hr rating of the boiler, as shown in Table 221.7 (a)(3) below:

(B)A monthly log of hours of operation, quantity of fuel used, and a monthly calculation of the total hours operated and quantity of fuel used in the previous 12 months shall be kept on site.

(C)A copy of the monthly log shall be submitted to the APCO at the time of annual permit renewal. The owner or operator shall certify that the log is accurate and true.

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Table 221.7 (a)(3)

(b) Exceeding Alternative Operating Limits:

The owner or operator of a stationary source subject to this rule shall obtain any necessary permits prior to commencing any physical or operational change or activity which will result in an exceedance of an applicable operational limit specified in Rule 1-221.7 (a) above.

RULE 1-221.8 - VIOLATIONS

(a) Failure to Comply:

Failure to comply with any of the applicable provisions of this rule shall constitute a violation of this rule, and shall be subject to penalties pursuant to California Health and Safety Code, Sections 42400 and 42402 et. seq. Each day during any portion of which a violation of this rule occurs is a separate offense.

(b) Applicable Federal Requirements:

In addition to penalties assessed pursuant to Rule 1-221.8 (a), a stationary source that violates the provisions of Rule 1-221.4 (b)(2), or that cannot demonstrate compliance with those provisions, shall be immediately subject to the provisions of Regulation 5 and must submit an application for a permit pursuant to that rule within 12 months of the first day on which the source failed to show compliance. Failure to submit a required application shall be a separate offense from failing to comply with the limits in this rule, and each day during which the required application has not been submitted is a separate offense.

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Regulation 1, Rule 1-221

Appendix A

Affected Greenhouse Gases Pollutants and Their Global Warming Potentials

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Regulation 1, Rule 1-221

Appendix B

Federally Listed Source Categories

The following source categories shall be considered in determining the applicability of Rules 1-

221.4(a) or 1-221.4 (c)(3).

1.Coal cleaning plants (with thermal dryers);

2.Kraft pulp mills;

3.Portland cement plants;

4.Primary zinc smelters;

5.Iron and steel mills;

6.Primary aluminum ore reduction plants;

7.Primary copper smelters;

8.Municipal incinerators capable of charging more than 250 tons of refuse per day;

9.Hydrofluoric, sulfuric, or nitric acid plants;

10.Petroleum refineries;

11.Lime plants;

12.Phosphate rock processing plants;

13.Coke oven batteries;

14.Sulfur recovery plants;

15.Carbon black plants (furnace process);

16.Primary lead smelters;

17.Fuel conversion plants;

18.Sintering plants;

19.Secondary metal production plants;

20.Chemical process plants - The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS, Codes 325193 or 312140;

21.Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

22.Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

23.Taconite ore processing plants;

24.Glass fiber processing plants;

25.Charcoal production plants;

26.Fossil fuel-fired steam electric plants of more that 250 million British thermal units per hour heat input, and

27.Any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.

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RULE 1- 230 - ACTION ON APPLICATIONS

Within 30 days of receipt of an application for an Authority to Construct, Modify, Replace, Operate or Use, the Air Pollution Control Officer shall notify the applicant in writing by mail or in person, of the action taken on that application. Such action shall include a determination of completeness or incompleteness. A determination of completeness shall include approval, conditional approval, or denial. A determination of incompleteness shall include a request for more information necessary to issue a determination of completeness. Notice of action taken on an application shall be deemed to have been given when the written notification has been deposited in the mail, postpaid, addressed to the address shown on the application, or when personally delivered to the applicant or his representative.

[Ref. HS&C, Section 42301.3(d)(1), Amended 5/6/03]

In acting upon any application for an Authority to Construct involving indirect sources or new or modified stationary sources of air contaminants subject to the requirements of Rule 1-220(b), the Air Pollution Control Officer shall provide for public notice in accordance with the provisions of said rule.

(a)General Approval

The Air Pollution Control Officer shall grant an Authority to Construct only after he has determined that the new or modified stationary source of air contaminants:

(1)will cause the article, machine, equipment or other contrivance, so constructed or modified, to operate within all applicable rules and regulations pertaining to the emission of air contaminants;

(2)will not prevent the attainment, interfere with the maintenance, or cause a violation, of any state or national ambient air quality standard nor interfere with the control strategy contained in the State of California Air Quality Implementation Plan;

(3)has complied with all applicable requirements of 40 CFR. Part 52.21 and will not cause deterioration of existing air quality in excess of 50% of remaining available PSD increments;

(4)will not result in air contaminant emissions in excess of the allowable standards established by the U.S. Environmental Protection Agency for new stationary sources of the category types listed in Rule 1-490 and 1-492 of the District, or employs best available control technology, BACT, for each air contaminant for which the significance level is exceeded; whichever is the more restrictive condition; and

(5)provides adequate facilities for sampling, emission monitoring, and reporting procedures as specified by the Air Pollution Control Officer.

NOTE: The variance provisions of the California Health and Safety Code do not apply to sources or emissions subject to the requirements of Rules 1-490 & 1-492.

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(b)New Source Approval

(1)Immediately upon filing the public notice for a new or modified stationary source subject to the provisions of Rule 1-220, the Air Pollution Control Officer shall forward to the California Air Resources Board and the U.S. Environmental Protection Agency an analysis of the effect of the source on air quality and the preliminary decision to grant or deny the Authority to Construct.

(2)An Authority to Construct for any stationary source subject to the provisions of Rule 1-220, may not be granted or denied by the Air Pollution Control Officer until at least 30 days after the date of public notice.

(c)Denial of Application

The Air Pollution Control Officer shall deny an Authority to Construct for any new or modified stationary source of air contaminants that does not meet the requirements specified in Rule 1-

230.In the event of such denial, the Air Pollution Control Officer shall notify the applicant in writing of the reasons therefore. Service of this notification may be made in person or by mail, addressed to the applicant at the address set forth on the application, and such service may be proved by the written acknowledgement of the persons served or affidavit of the person making the service. The Air Pollution Control Officer shall not accept a further application unless the applicant has satisfied the requirements that were the basis for denial of the Authority to Construct.

(d)Conditional Approval

The Air Pollution Control Officer may issue an Authority to Construct, subject to conditions which will assure the operation of any equipment or stationary source within the applicable standards set forth in these regulations, in which case, the conditions shall be specified in writing. Commencing work under such an Authority to Construct shall be deemed acceptance of all conditions so specified. No conditional approval may be granted for any proposed stationary source that would violate the general approval requirements of Rule 1-230(a)(2) with respect to a federal, state, or local ambient air quality standard unless all the following conditions are met for the applicable (violating) pollutant:

(1)The new source is required to employ "Best Available Control Technology".

(2)Emission reductions from existing sources in the area of the proposed new source are required such that the total actual emissions from the combined existing and proposed sources will be less than the total actual emissions from the existing sources prior to the date of application for the Authority to Construct. Any emission reductions of this type must be enforceable by revised permit conditions or written contract agreements.

(3)The emission reductions stated above will provide a positive net air quality benefit in the affected area.

(4)The applicant certified that all existing sources owned or controlled by the owner or operator of the proposed source in the State are in compliance with all applicable rules, regulations or approved compliance schedules.

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The Air Pollution Control Officer may issue an Authority to Construct with revised conditions upon receipt of a new application, if the applicant demonstrates that the equipment or stationary source can operate within the standards of these regulations under the revised conditions.

RULE 1-240 - PERMIT TO OPERATE

(a)Permit to Operate Required

A person shall not operate or use any stationary source, the use of which may cause the issuance of air contaminants or the use of which may reduce or control the issuance of air contaminants, without first obtaining a written permit from the Air Pollution Control Officer or except as provided in Rule 1-240(b).

(b)Temporary Permit to Operate

Upon completion of construction or modification of and before operating or using of any new or modified stationary source of air contaminants for which an Authority to Construct had been issued pursuant to the provisions of this Chapter, the applicant shall notify the Air Pollution Control Officer in writing. Upon such notification, the Authority to Construct or modify shall serve as a Temporary Permit for Operation of the equipment until the Permit to Operate is granted or denied.

(c)Permit to Operate

The Air Pollution Control Officer shall take final action to grant, grant with conditions, or deny a Permit to Operate for any stationary source within 180 calendar days after notification per Rule 1-240(b) or for a pre-existing source (i.e. a source without an Authority to Construct) within 90 calendar days after receipt of application for Permit to Operate. The Air Pollution Control Officer shall grant a Permit to Operate for any stationary source only after he has determined that, in his judgment, all source construction and modifications were completed in accordance with the Authority to Construct granted pursuant to this Chapter. Failure to act within the specified time-period can be deemed by the Applicant to be a denial of the Permit to Operate for appellate purposes. No Permit to Operate shall be granted for any stationary source constructed without authorization as specified in Rule 1-200(a) until the information required is presented to the Air Pollution Control Officer, an emissions analysis is performed, and the source is altered, if necessary, and made to conform with the standards set forth in Rule 1-230 and elsewhere in this regulation.

(d)Conditional Permit

The Air Pollution Control Officer may issue a Permit to Operate or Use, subject to conditions that will assure the operation of any stationary source within the applicable standards set forth in these regulations, in which case, the conditions shall be specified in writing. Commencing operation under such a Permit to Operate shall be deemed acceptance of all the conditions so specified.

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(1)The Air Pollution Control Officer shall impose conditions on a Permit to Operate such as he deems necessary to ensure that the stationary source will be operated in the manner specified in conducting the emissions analysis of Rule 1-220 and in granting the approval required by Rule 1-230.

(2)The Air Pollution Control Officer may condition a Permit to Operate so as to prohibit a new stationary source that is a replacement for an existing stationary source from operating, unless the operation of the existing source is terminated.

(3)The Air Pollution Control Officer may at any time issue a Permit to Operate with revised conditions if the applicant demonstrates that the equipment can operate within the standards of these regulations under the revised conditions.

(e)Compliance Verification

As a condition of a Permit to Operate, the Air Pollution Control Officer may require that the owner provide, install, calibrate, maintain, and operate continuous recording instruments to measure emission rates to the atmosphere and/or to measure air contaminant concentrations at specific emission points or at locations adjacent to the facility property line. The Air Pollution Control Officer shall forego the requirements of this subsection (Rule 1-240(e)) if the applicant demonstrates to the satisfaction of the Air Pollution Control Officer that there is no practical or reasonable achievable technology available to accomplish the monitoring requirements.

(1)Said permit conditions may, in addition, require:

(A)That the measuring instruments meet minimum standards of measurement accuracy, calibration procedure and calibration frequency as specified by the Air Pollution Control Officer.

(B)That the recording section of such measuring instruments shall be installed in a location subject to frequent operator surveillance or be equipped with suitable alarm devices.

(2)The information recorded shall be summarized and reported to the District in the manner and form as prescribed by the Air Pollution Control Officer.

(3)Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures and will be available to the public during normal business hours at the District Office, or submitted to EPA or ARB, upon request.

(4)Monitoring records shall be retained by the owner for a period of not less than two years.

(5)District personnel are to inspect and confirm calibration of measuring instruments, as necessary.

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(6)Any violation of an emission standard, ambient air quality standard, or breakdown of emission measuring instruments, is to be reported to the District in accordance with the provisions of Rule 1-540, Equipment Breakdown.

(f)Mandatory Monitoring Requirements

Monitoring instruments shall be provided, installed, calibrated, maintained and continuously operated by the owner of the following stationary source categories to measure air contaminant emissions or opacity from sources for which there is an applicable federal, state, or local emission standard. All monitoring calibrations, reporting requirements and specifications shall be in accordance with the requirements of Mendocino County Air Quality Management District Regulation 1, Appendix B.

(1)Fossil-fuel fired steam generators with a heat input of 250 million British Thermal Units (63 million kilogram calories) or more per hour with a use factor of at least 30% per year.

(A)Oxides of nitrogen.

(B)Carbon dioxide or oxygen.

(C)Opacity except: where gaseous fuel is the only fuel burned, or where oil or a mixture of gas and oil is the only fuel burned and the source is able to comply with the applicable particulate matter and opacity regulations without collection equipment, and where the source has not been found, through administrative or judicial proceedings, to be in violation of Regulation 1 of the Mendocino County Air Quality Management District.

(D)Sulfur dioxide, if control equipment is used.

(2)All sulfur recovery plants and sulfuric acid plants, sulfur dioxide.

(3)Nitric Acid Plants.

(A)All new nitric acid plants, oxides of nitrogen.

(B)All existing nitric acid plants of greater than 300 tons per day production capacity, the production capacity being expressed as 100 percent acid, oxides of nitrogen.

(4)CO boilers of regenerators of fluid catalytic cracking units; CO boilers of fluid cokers if feed rate is greater than 10,000 barrels (1,500,000 liters) per day.

(A)Sulfur dioxide.

(B)Opacity.

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(g)Permit Denial

The Air Pollution Control Officer shall deny a Permit to Operate for any new or modified stationary source of air contaminants that does not meet the approval requirements specified in Rule 1-230. In the event of such denial, the Air Pollution Control Officer shall notify the applicant in writing of the reasons therefore. Service of this notification may be made in person or by mail, addressed to the applicant at the address set forth on the application, and such service may be proved by the written acknowledgement of the persons served or affidavit of the person making the service. The Air Pollution Control Officer shall not grant a Permit to Operate until the applicant has satisfied the requirements that were the basis for the denial.

(h)Review of Permits

The Air Pollution Control Officer may at any time require from an applicant for, or holder of, any Permit to Operate, such information, analyses, plans or specifications as will disclose the nature, extent, quantity or degree of air contaminants that are or may be discharged into the atmosphere. If the holder of said permit within 30 days willfully fails and refuses to furnish to the Air Pollution Control Officer any information, analyses, plans, specifications, or test data requested, the Air Pollution Control Officer may suspend the Permit to Operate. The Air Pollution Control Officer shall serve notice in writing of such suspension and the reasons therefore on the permit holder.

(i)Posting of Permit to Operate

A person who has been granted a Permit to Operate any stationary source, shall display such Permit to Operate, an approved facsimile, or other approved identification bearing the permit number in such a manner as to be clearly visible and accessible at a location near the source. In the event that the Permit to Operate cannot be so placed, the Permit to Operate shall be maintained readily available at all times on the operating premises.

(j)Transfer of Location or Ownership

Any permit or written authorization issued hereunder shall not be transferable, by operation of law or otherwise, from one location to another, or from one person to another, unless such transfer is specified as a condition of permit issuance.

RULE 1-250 - APPEALS

Within ten (10) days after notice by the Air Pollution Control Officer of denial or conditional approval of an Authority to Construct or Permit to Operate, or upon suspension of an existing permit the applicant or any other person dissatisfied with the decision may petition the Hearing Board, in writing, for an order modifying or reversing that decision. Such appeals shall be filed in writing and contain a summary of the issues which form the basis for approval or denial. The Hearing Board, after notice and a public hearing held within thirty (30) days after filing the petition, may sustain, reverse or modify the action of the Air Pollution Control Officer; such order may be made subject to specified conditions.

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RULE 1-260 - EXCLUSIONS

(a)New source review procedures in accordance with Rule 1-220(b) shall not be required for temporary stationary sources which will be in operation for less than 90 days duration providing best available control technology is applied and such operations will not interfere with the control strategy of the SIP.

(b)New source review procedure in accordance with Rule 1-220(b), Rule 1-230(a)(4) and Rule 1-230(a)(2) shall not be required for geothermal power plants or steam transmission lines which will not, under all normal operating conditions, emit greater than 5 lbs. H2S/1,000,000 lbs. steam or 1.0 kg H2S/hr (as provided below) provided it is not considered a major source or a major modification (Reference: 40 CFR 52.21(b)). The 1.0 kg H2S/hr exclusion shall apply only to geothermal power facilities with an electrical generating capacity of 20 Megawatts or less, provided:

(1)No more than one such facility is within a 1.0 km radius area from any existing power plant facility (as of Jan. 1, 1985), and no more than one such facility is within a 0.5 km radius area of another, or

(2)The facility can provide a significant net annual H2S emissions reduction.

RULE 1-270 - EMISSIONS DATA AND SAMPLING ACCESS.

The Air Pollution Control Officer or his or her authorized representative may, upon reasonable written notice, require the owner or operator of any article, machine, equipment, or other contrivance, the use of which may cause the issuance of air contaminants, or the use of which may eliminate, reduce or control the issuance of air contaminants, to do any of the following:

(a)Provide the Air Quality Management District with descriptions of basic equipment, control equipment and rates of emissions.

(b)Provide other additional information, including process and production data, techniques and flow diagrams.

(c)Provide sampling platforms, sampling ports, and means of access to sampling locations.

(d)Provide and maintain sampling and monitoring apparatus to measure emissions or air contaminants when the Air Pollution Control Officer or his or her authorized representative has determined that such apparatus is available and should be installed.

Authority cited: Health and Safety Code, Section 41511. [Adopted September 8, 1992, Amended 5/6/03]

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RULE 1-280 - AIR TOXICS "HOT SPOTS" COMPLIANCE

(a) Applicability

This Rule shall apply to all new facilities subject to the Air Toxics "Hot Spots" Information and Assessment Act (the Act -- Health and Safety Code, Sections 44300 - 44394), and to all existing facilities subject to the Act that add new equipment or processes. (Health and Safety Code, Section 44382)

(b) Major New Processes or Equipment at Existing Facilities

The owner or operator of any previously permitted facility shall submit to the District an Emission Inventory Plan as required by Health and Safety Code, Section 44340 not later than August 1 of the year following the year in which the District issues a permit to operate any new process or equipment which emits more than 10 tons per year (55 pounds per day) of volatile organic compounds, oxides of nitrogen, oxides of sulfur or respirable particulate matter (PM-10).

(c) Minor New Processes or Equipment at Existing Facilities

The owner or operator of any previously permitted facility shall submit to the District an Emissions Inventory Plan as required by Health and Safety Code, Section 44340 at the time of the next reporting cycle, as provided in Health and Safety Code, Section 44344, after the District's issuance of a permit to operate any new process or equipment which emits less than 10 tons per year (55 pounds per day) of volatile organic compounds, oxides of nitrogen, oxides of sulfur or respirable particulate matter (PM-10).

(d) New Facilities

The owner or operator of any new facility subject to the Act shall submit to the District an Emissions Inventory Plan as required by Health and Safety Code, Section 44340 not later than August 1 of the year following the year in which the District issues a permit or permits to operate the processes or equipment at that facility.

(e) Fees for New Facilities

The owner or operator of any new facility subject to the Act shall pay to the District the fees as required by Health and Safety Code, Section 44380, as provided in Regulation 1, Rule 1-370, commencing with the fiscal year of the District's issuance of a permit or permits to operate the processes or equipment at that facility.

(f) Permit Conditions

Each permit to operate new equipment at new or modified facilities subject to the Act, issued pursuant to Rule 1-240, shall require compliance with this Rule and the provisions of the Act as a condition of continued operation. The permit shall include the date by which the permit holder must submit an Emission Inventory Plan of Health and Safety Code, Section 44340.

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CHAPTER III - FEES

RULE 1-300 - PERMIT FEES

(a)Application Fee

Every applicant, including any federal, state or local government agency or public district, for an Authority to Construct or a Permit to Operate any stationary source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required by the Rules and Regulations of the District or federal and state laws, including any applicant for a permit pursuant to Regulation 5, Title V, shall pay an application fee in the amount prescribed in Rule 1-310. The fee schedule shall be adjusted annually in accordance with Section 42311 of the California Health and Safety Code and Section 2212 of the Revenue and Taxation Code to account for changes in the California Consumer Price Index for the preceding year. The fees shall not exceed the actual cost of District programs for the immediately preceding year with an adjustment not greater than the change in the annual California Consumer Price Index. The schedule of fees shall be calculated on an annual basis by the Air Pollution Control Officer.

[Adopted 6/01/93; Amended 9/14/93; Amended 5/6/03]

(b)New Source Review Fees

Every applicant, including any federal, state or local government agency or public district, for an Authority to Construct or a Permit to Operate any stationary source of air contaminant emissions for which the additional new source review procedures of Rule 1-220(b) are required, shall pay an additional fee to the District as determined by the Air Pollution Control Officer in accordance with Rule 1-330, Technical Services Fees. The new source review fee shall not exceed the District's actual cost to administer the new source review requirements.

[Adopted 6/01/93; Amended 9/14/93; Amended 5/6/03]

(c)Cancellation or Denial

If an application for an Authority to Construct or a Permit to Operate is cancelled by the applicant, or if an Authority to Construct or a Permit to Operate is denied and the denial becomes final, the application fee required herein shall not be refunded nor applied to any subsequent application.

[Adopted 6/01/93; Amended 9/14/93]

(d)Change of Location or Transfer of Ownership

(1)An applicant for a Permit to Operate an existing source of air contaminant emissions because of change of location or ownership, for which a Permit to Operate has previously been granted under Chapter II, and to which no modifications have been made, shall pay a $50.00 fee per facility.

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(2)Sources of air contaminants subject to the provisions of Regulation 5, or of Regulation 1, Rule 1-220 or 1-490 or 1-492, or in cases where the relocation of a source may contribute to the exceedance of a state or national ambient air quality standard shall pay the application fee set in Rule 1-300(a) in addition to applicable New Source Review fees pursuant to Rule 1-300(b).

[Adopted 6/26/90; Amended 6/01/93; Amended 9/14/93; Amended 5/6/03]

(e)Revision of Permit

An applicant for a revision of an Authority to Construct or a Permit to Operate or for a change in the conditions applying to such permit shall pay an application fee as specified in Rule 1-

300(a).

[Adopted 6/01/93; Amended 9/14/93; Amended 5/6/03]

(f)Annual Permit Fee

On July 1 of each year, all holders of an Authority to Construct or Permit to Operate shall be notified by the District of the annual permit fee based on the amount prescribed in Rule 1-310. The fee schedule shall be adjusted annually in accordance with Section 42311 of the California Health and Safety Code and Section 2212 of the Revenue and Taxation Code to account for changes in the California Consumer Price Index for the preceding year. The fees shall not exceed the actual cost of District programs for the immediately preceding year with an adjustment not greater than the change in the annual California Consumer Price Index. The schedule of fees shall be calculated on an annual basis by the Air Pollution Control Officer.

The base year shall be 2003.

The Permit Holder shall pay the annual permit fee to the Air Quality Management District Office in person or by mail postmarked no later than August 30 of that year. If the permit fee is not paid by August 30, the fee shall be increased by one-half the amount thereof, and the District shall thereupon promptly notify the Permit Holder by mail of the increased fee. If the increased fee is not paid within 60 days after notice, the permit shall be immediately suspended and the District shall so notify the Permit Holder by mail. Any suspended permit may be reinstated only upon payment in full of all accrued fees and penalties or by filing a new application complete with application fee. Annual permit fees will continue to be required until such time as the Authority to Construct and/or Permit to Operate cancellation or denial becomes final and all operations involving the stationary source have ceased.

[Adopted 6/01/93; Amended 9/14/93; Amended 5/6/03]

(g)Multiple Locations

(1)Permits issued to operate movable equipment at two or more locations shall pay only one annual permit fee.

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(2)Sources of air contaminants subject to the provisions of Regulation 5 or of Regulation 1, Rules 1-220 or 1-490 or 1-492 shall pay a permit fee or application fee as specified

in Rules 1-300(a) and 1-300(f), in addition to applicable New Source Review fees pursuant to Rule 1-300(b) for each location in which the source is permitted to operate.

[Adopted 6/01/93; Amended 9/14/93; Amended 5/6/03]

(h)Duplicate Permit

A request for a duplicate Permit to Operate shall be made in writing to the District within 10 days after the destruction, loss or defacement of a Permit to Operate and shall contain the reason a duplicate permit is being requested. A fee of $30.00 shall be paid for a duplicate

Permit to Operate.

[Adopted 6/26/90; Amended 6/01/93; Adopted 9/14/93; Amended 5/6/03]

(i)Late Fee Penalty

If any stationary source of air contaminant emissions is constructed, modified, operated or replaced (except for identical replacement) without the owner or operator obtaining an Authority to Construct in accordance with Rule 1-200, the applicant shall be assessed a late fee penalty that is one and one-half times the applicable initial fee. The assessment of a late fee penalty shall not limit the District's right to pursue any other remedy provided for by law.

[Adopted 6/01/93; Amended 9/14/93]

RULE 1-310 - FEE SCHEDULES

It is hereby determined that the cost of reviewing permit applications, issuing authorizations, and of inspections, testing and monitoring pertaining to such issuance, exceeds the fees prescribed herein. In determining the fees to be charged, identical or like equipment within each process unit that requires a permit may be totaled for each schedule. In the event that more than one fee schedule is applicable to an Authority to Construct or Permit to Operate, the governing schedule shall be that which results in the highest fee. The fee schedule shall be adjusted annually in accordance with Section 42311 of the California Health and Safety Code and Section 2212 of the Revenue and Taxation Code to account for changes in the California Consumer Price Index for the preceding year. The fees shall not exceed the actual cost of District programs for the immediately preceding year with an adjustment not greater than the change in the annual California Consumer Price Index. The schedule of fees shall be calculated on an annual basis by the Air Pollution Control Officer.

Amended 5/6/03

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SCHEDULE 1

MOTOR OR ENGINE HORSEPOWER SCHEDULE

Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, where an electric motor or internal combustion engine or other equivalent drive unit is used as the power supply, shall be assessed a permit fee based on the total rated horsepower of all such drive units, or their horsepower equivalent in kilovolt amperes (1 KVA=1.34 HP), included in such source in accordance with the following schedule. (See Schedule 10 for internal combustion engines)

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 6/26/90; Amended 6/01/93; amended 9/14/93; Amended 5/6/03]

SCHEDULE 2

FUEL BURNING AND POWER GENERATION EQUIPMENT SCHEDULE

Any source of air contaminant emissions, for which an Authority to Construct or Permit to Operate is required, in which fuel may at any time be burned or in which power may be generated, shall be assessed a permit fee based upon its rated design capacity of heat input expressed in millions of British Thermal Units (BTU) per hour, using gross heating value of the fuel or its equivalent, in accordance with the following schedule:

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 6/26/90; Amended 6/01/93; Amended 9/14/93; Amended 5/6/03]

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SCHEDULE 3

INCINERATOR AND REFUSE BURNER SCHEDULE

Any source of air contaminant emissions, for which an Authority to Construct or Permit to Operate is required, for the disposal of combustibles for burning in the permitted device, shall be assessed a permit fee based on the maximum horizontal inside cross sectional area of the primary combustion chamber, in accordance with the following schedule.

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 6/26/90; Amended 6/01/93; Amended 9/14/93; Amended 5/6/03]

SCHEDULE 4

STATIONARY CONTAINER SCHEDULE

Any stationary tank, reservoir, or other container for which an Authority to Construct or Permit to Operate is required, shall be assessed a permit fee based on capacities in gallons or cubic equivalent, in accordance with the following schedule.

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 6/26/90; Amended 6/01/93; Amended 9/14/93]

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SCHEDULE 5

PROCESS WEIGHT SCHEDULE

Any source of air contaminant emissions, for which an Authority to Construct or Permit to Operate is required, shall be assessed a permit fee based upon the annual average process weight rate calculated in pounds per hour.

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 6/26/90; Amended 6/01/93; Amended 9/14/93; Amended 5/6/03]

SCHEDULE 6

MISCELLANEOUS SCHEDULE

Any source of air contaminant emissions, for which an Authority to Construct or Permit to Operate is required, shall be assessed a permit fee based upon the volumetric exhaust rate from the source, expressed in actual cubic feet per minute.

Adjusted annually to account for changes in the previous years CPI factor.

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[Adopted 6/26/90; Amended 6/01/93; Amended 9/14/93; Amended 5/6/03]

SCHEDULE 7

GEOTHERMAL DEVELOPMENT SCHEDULE

Any source of air contaminant emissions relative to the production or utilization of geothermal steam, for which an Authority to Construct or Permit to Operate is required, shall be assessed a permit fee in accordance with the following schedule.

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 6/26/90; Amended 6/01/93; Amended 9/14/93; Amended 5/6/03]

SCHEDULE 8

ASBESTOS OPERATIONS FEE SCHEDULE

Anyone conducting a demolition or renovation project subject to the provisions of Title 40 of the Code of Federal Regulations, Part 61, Subpart M for asbestos and required to submit a written notification of the project to the District shall pay to the District the following fee:

Asbestos operations other than single-family residential dwellings of less than five units.

If, upon inspection or in the course of a demolition or renovation project, it is discovered that the project properly belongs in a higher fee category than was initially determined, the owner or operator shall pay the balance of the fee for the higher category.

The appropriate fees listed above shall accompany the notification form. Failure to pay the appropriate fee at the time of notification form will be considered a failure to notify. In such case the owner or operator could be subject to significant penalties pursuant to federal law and regulation.

Any demolition or renovation project requiring an inspection by the Air Quality Management District shall pay an additional fee to the District for the actual cost of the inspection as determined by the Air Pollution Control Officer in accordance with Rule 1- 330, Technical Services Fees.

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Schedule 8 is not subject to annual CPI factor adjustments.

[Adopted 6/01/93; Amended 9/14/93; Amended 5/6/03]

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SCHEDULE 9

FUEL STORAGE AND DISPENSING FACILITY SCHEDULE

Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, through which fuel is stored and/or dispensed, shall be assessed a permit fee based upon the previous year’s throughput in gallons per year in accordance with the following schedule:

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 5/6/03]

SCHEDULE 10

STATIONARY AND PORTABLE

INTERNAL COMBUSTION ENGINE SCHEDULE

Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, where a compression ignition internal combustion engine or other equivalent drive unit is used as the power supply, shall be assessed a permit fee based on the total rated horsepower and the previous year’s annual hours of operation in accordance with the following schedule:

1At one facility or site

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 5/6/03]

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SCHEDULE 11

PAINTING AND AUTO BODY REPAIR FACILITIES

Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, where paint is applied with a spray gun, shall be assessed a permit fee based on the annual throughput of paint in gallons per year in accordance with the following schedule:

In no case shall the application fee be less than $500, or the annual permit fee be less than $250.

SCHEDULE 12

WOOD SAWING, MILLING, AND PLANING OPERATIONS

Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, where wood is sawn, milled, or planed shall be assessed a permit fee based on the annual throughput of lumber in total number of board feet processed through the facility expressed in increments of one hundred thousand board feet or fraction thereof times the number of emitting devices (saws, planers, etc.) in accordance with the following schedule:

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 5/6/03]

SCHEDULE 13

GRADING OPERATIONS

Any source of air contaminant emissions for which an Authority to Construct or a Permit to Operate is required, where grading activities occur, shall be assessed a permit fee based on the size of the area disturbed expressed in increments of one acre or one mile of dirt road in accordance with the following schedule:

Adjusted annually to account for changes in the previous years CPI factor.

[Adopted 12/5/06]

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RULE 1-320 - HEARING BOARD AND VARIANCE FEES

(a)Purpose

The purpose of this Rule is twofold:

(1)To recover, as much as possible, the costs to the District of administration of the variances granted by the Mendocino County Air Quality Management District Hearing Board and other orders of the Hearing Board, including those incurred as a result of appeals from District decisions on the issuance of permits and issuance of abatement orders, including all costs of holding hearings. Such costs include consultations with applicants, reviewing applications, holding hearings, drafting and publishing variance orders, required notification of the responsible state and federal authorities, maintenance of records, reviewing progress toward compliance and conducting inspections.

(2)To avoid enforcement action by the U.S. Environmental Protection Agency against permit holders in the District by charging fees for operation under variance. Operation under variance constitutes a violation of federal regulations, which do not recognize variances. The U.S. Environmental Protection Agency has a program of "over-filing" when, in their opinion, penalties extracted for violations are not sufficient.

[Adopted 6/01/93; Amended 5/6/03]

(b)Applicability

This Rule shall apply to anyone who petitions or applies to the Hearing Board for any of the forms of relief in subdivision (n) or who is the subject of an abatement order having the effect of a variance. This rule shall not apply to the Air Pollution Control Officer. The provisions of Rule 1-320 (e), (f), (g) and (h) shall apply to anyone seeking a variance from a rule or permit condition that specifies quantitative emission limits, including federally enforceable emission limitations, or that may be interpreted as implying such a limitation. Rule 1-320 (e), (f), (g) and (h) shall also apply to anyone who is the subject of an abatement order having the effect of such a variance. As used in this Rule, the term "variance" includes any order of the Hearing Board allowing operation of a source of air contaminants in violation of Health and Safety Code, Section 41701, or in violation of the Rules and Regulations of the District, or in violation of a limitation or condition on a permit, unless the context dictates otherwise.

[Adopted 6/01/93 Amended 5/6/03]

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(c)Filing Fees and Other Hearing Board Fees

Every applicant or petitioner for variance, or for the extension, revocation or modification of a variance, or for an appeal from a denial or conditional approval of an Authority to Construct or Permit to Operate or appeal of a Hearing Board decision, or request for a rehearing, or for intervention in any matter before the Hearing Board, and any person to whom this Rule is otherwise applicable, including any federal, state or local governmental agency or public district, shall pay to the Clerk of the Hearing Board, on filing, a basic fee as provided in Rule 1- 320(n). It is hereby determined that the cost of administration of the Hearing Board and Variance Procedures of Chapter VI of this regulation exceeds these fees. Additional Hearing Board fees and costs may be assessed by the Hearing Board to recover the costs arising from the action that the applicant or petitioner has brought before the Hearing Board, or that has otherwise come before the Hearing Board, including, but not limited to the cost of holding hearings, the costs of conducting inspections and reviewing compliance with orders issued by the Hearing Board, the costs of preparing and maintaining records of hearings, the cost of counsel for the Hearing Board, and any other costs that may be reasonably ascribed to the administration of orders issued by the Hearing Board.

[Adopted 6/01/93; Amended 5/6/03]

(d)Partial Refund of Appellant's Fee When Decision is Overturned

In the event that a third party appeal to the Hearing Board or rehearing leads to the overturning of a previous decision by the Hearing Board or the Air Pollution Control Officer, 50% of the appellant's filing fee will be refunded.

[Adopted 6/01/93]

(e)Cost of Transcripts or Tape Recordings of Hearings

Any person requesting a written transcript or tape recording of the hearing shall pay the cost of such transcript or recording. The Hearing Board may direct the parties to its proceedings to pay the cost of transcripts necessary for the Hearing Board's determination of the matter, in such proportion as the Hearing Board may order.

[Adopted 6/01/93]

(f) Excess Emission Fees

In addition to the filing fees and other fees required in Rule 1-320(c), each recipient of a variance from the Rules and Regulations of the District, or from a permit limitation shall pay to the Clerk of the Hearing Board excess emissions fees. The excess emissions fees shall be based on the total weight of emissions discharged in excess of the amounts allowed by these rules or by permit condition, other than those described in Rule 1-320(g) below, during the variance period. The excess emissions fees shall be calculated in accordance with the schedule in Rule 1- 320(m), or as provided in Rule 1-320(h), whichever is greater and adjusted annually in accordance with Section 42311 of the California Health and Safety Code and Section 2212 of the Revenue and Taxation Code to account for changes in the California Consumer Price Index for the preceding year as described in Rule 1-310 – Fee Schedules.

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Where an applicant receives a variance from more than one rule or permit condition limiting the discharge of the same contaminant, the emission for that contaminant shall be shall be cumulative; the fee shall be determined in the same fashion as if the applicant were seeking separate variances from separate rules, laws or permit conditions limiting the emissions of different pollutants. Moreover, for the purposes of this Rule, opacity rules and particulate mass emission rates will not be considered rules limiting the discharge of the same contaminant.

[Adopted 6/01/93; Amended 5/6/03]

(g)Excess Visible Emission Fees

In addition to the filing fees and other fees required by Rule 1-320(c), and the excess emissions fees required by Rule 1-320(f) (if any), each recipient of a variance from Health and Safety Code, Section 41701, from Rule 1-410(b), or from a permit limitation on opacity of emissions shall pay to the Clerk of the Hearing Board an excess visible emissions fee. The fee shall be based on the difference between the opacity allowed by Health and Safety Code, Section 41701, Rule 1-410(b), or the permit limitation and the opacity of emissions allowed from the source or sources while operating under the variance or other order of the Hearing Board, in accordance with the procedure set forth in Rule 1-320 (m), and adjusted annually in accordance with Section 42311 of the California Health and Safety Code and Section 2212 of the Revenue and Taxation Code to account for changes in the California Consumer Price Index for the preceding year as described in Rule 1-310 – Fee Schedules .

Where an applicant seeks a variance from more than one limit on the opacity of emissions (Health and Safety Code, Section 41701, Rule 1-410(b) or permit condition), the excess visible emissions fees shall be shall be cumulative; the fees shall be determined in the same fashion as if the applicant were seeking separate variances from separate rules, laws or permit conditions limiting the emissions of different pollutants.

Adopted 6/01/93; Amended 5/6/03]

(h)Minimum Fees

Except as otherwise provided by the Hearing Board in accordance with Rule 1-320(k), the excess emissions fees shall be not less than $50.00 per day, adjusted annually in accordance with Section 42311 of the California Health and Safety Code and Section 2212 of the Revenue and Taxation Code to account for changes in the California Consumer Price Index for the preceding year as described in Rule 1-310 – Fee Schedules.

[Adopted 6/01/93; Amended 5/6/03]

(i)Fee Determination

(1)The petitioner shall calculate the excess emissions fees as required by Rule 1-320 (f),

(g) and (h). The calculations and proposed fees shall be set forth in the petition.

(2)The Hearing Boards may adjust the excess emissions fees and excess visible emissions fees required by Rule 1-320 (f) and (g) based on evidence regarding emissions presented at the time of the hearing.

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(3)The amount of excess emissions fees and excess visible emissions fees shall not exceed $1,000.00 per day for each law, rule or permit limitation from which a variance is sought.

[Adopted 6/01/93; Amended 5/6/03]

(j)Fee Payment

Excess emissions fees are due and payable immediately upon issuance of the Hearing Board's order. Failure to pay the excess emissions fees or excess visible emissions fees required by Rule 1-320 (f), (g) and (h) within fifteen (15) days of the date of the Hearing Board's order shall invalidate the variance or other order of the Hearing Board having the effect of a variance.

[Adopted 6/01/93; Amended 5/6/03]

(k)Discretion of the Hearing Board

Any person applying for a variance may allege that payment of any of the foregoing excess emission fees will cause an unreasonable hardship. The Hearing Board may by order excuse any such person from payment of all or a portion of such fees if the Board in its discretion determines after hearing evidence thereon that payment of such fees would cause unreasonable financial hardship to the petitioner.

[Adopted 6/01/93]

[Adopted 6/01/93; Amended 5/6/03]

(m)Computation of Excess Visible Emissions Fees

(1)For each source with opacity of emissions in excess of the limits of Rule 1-410(b) Visible Emissions, or of a permit limitation on opacity, the fee shall be calculated as follows:

Fee = {Prescribed Opacity - Opacity limitation} x $6.00/day x number of days allowed under the variance.

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Example:

Fee = (35 - 20) x $6.00 x 120 days = $10,800 or

Fee = Minutes allowed in excess of three above the opacity limitation x $30.00 x number of days allowed under the variance. (For applicants seeking a variance allowing more time in excess of the opacity limitation.)

Example:

Fee = (6 min. - 3 min) x $30.00 x 120 days = $10,800.00

Note: For purposes of this Rule, "prescribed opacity" means the opacity allowed under the variance for more than 3 minutes in any one hour, and "opacity limitation" means the opacity limitation specified in the rule or permit condition from which a variance is being sought, or in Health and Safety Code, Section 41701. Opacity is expressed as percent, in whole numbers.

[Adopted 6/01/93; Amended 5/6/03]

(2)The calculated excess emissions fee shall be adjusted in accordance with Section 42311 of the California Health and Safety Code and Section 2212 of the Revenue and Taxation Code to account for changes in the California Consumer Price Index for the preceding year as described in Rule 1-310 – Fee Schedules.

(n)Schedule of Filing Fees

(1)For each application for variance exceeding 90 days, in accordance with Health and

Safety Code, Section 42350, including application on behalf of a class of applicants, which meet the requirements of the Hearing Board Rules for a valid and proper class

Plus, for each continuation or other hearing in addition to the first hearing necessary

(2)For each application for variance not exceeding 90 days, in accordance with Health and Safety Code, Section 42350, including applications on behalf of a class of applicants, which meet the requirements of the Hearing Board Rules for a valid and

Plus, for each continuation or other hearing in addition to the first hearing necessary

(3)For each application to modify a variance, in accordance with Health and Safety

Plus, for each continuation or other hearing in addition to the first hearing necessary

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(4)For each application to modify a variance's schedule of Increments of Progress or Final Compliance Date, in accordance with Health and Safety Code, Section 42357

(6)For each application for approval of a Schedule of Increments of Progress in

Plus, for each continuation or other hearing in addition to the first hearing necessary

(7)For each application for emergency variance, in accordance with Health and Safety

(8)For each application for Hearing Board review of the District's denial of a permit, in

Plus, for each continuation or other hearing in addition to the first hearing necessary

(9)For each petition for Hearing Board review of the District's granting of a permit, in accordance with Health and Safety Code, Section 42302 or Regulation 1, Rule 1-250

--------------------------------------------------------------------------------------------- $275

Plus, for each continuation or other hearing in addition to the first hearing necessary

(10)For each application for Hearing Board review of the District suspension of a permit,

Hearing Board filing fees are not subject to annual CPI factor adjustments.

[Adopted 6/01/93]

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RULE 1-330 - TECHNICAL SERVICES FEES

(a)Every person for whom the District performs technical services shall pay a fee for such services. The fee shall be determined based on the amount of staff time spent providing the services. The District shall keep records of time spent to the nearest quarter-hour, and shall bill Technical Services fees on the basis of these records.

(b)No fee shall be charged for services paid for pursuant to another rule of the District.

(c)Technical services shall be billed at a rate determined each year by the Air Pollution Control

Officer based on the District’s stationary source program costs.

[Adopted 12/05/95, Amended 5/6/03]

RULE 1-340 - TECHNICAL REPORT CHARGES

Information, circulars, reports of technical work, and other reprints prepared by the District, when supplied to other governmental agencies or individuals or groups requesting copies of the same, may be charged by the District in a sum not to exceed the cost of preparation and distribution of such documents. All monies collected shall be deposited to the general revenue fund of the District.

RULE 1-350 - MAJOR EMISSIONS ASSESSMENT

(a)The Air Quality Management District Board may, after notice and a public hearing, adopt a schedule of fees based on an assessment of emissions. For the purposes of this rule, such emissions assessment shall be described as an assessment of those emissions that total an annual combined stationary source release of 25 tons or more of any air contaminant. This schedule shall apply and the indicated charges shall be assessed by the District prior to November 1 of any fiscal year in which the District’s revenues do not cover the cost of operation of the program requirements as outlined in Section 42311 of the Health and Safety Code. This emissions assessment shall be based upon combined total stationary source emissions for the previous calendar year. In determining the emissions assessment, the District shall use a dollar based program deficiency factor that in no case shall exceed the amounts indicated in the unit fee column of part (b) of this rule.

(b)For each stationary source subject to a major emissions assessment, the fees shall be calculated as follows:

-------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------

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Major Emissions Fees shall be in addition to any other required fees. Major Emissions Fees shall be considered past due sixty days after notice of the assessment by the District and subject to a penalty of one-half the amount of the original fees. The District shall promptly notify the Permit Holder of the increased fee. If the increased fee is not paid within 60 days after notice, the permit shall be immediately suspended and the District shall so notify the Permit Holder by mail. Any suspended permit may be reinstated only upon payment in full of all accrued fees and penalties or by filing a new application complete with application fee. Annual permit fees will continue to be required until such time as the Authority to Construct and/or Permit to Operate cancellation or denial becomes final and all operations involving the stationary source have ceased. Any revenues received by the District pursuant to this rule that exceed the cost of District programs as described in Section 42311 of the Health and Safety Code during any fiscal year shall be carried over for expenditure in the subsequent fiscal year, and such charges shall be changed to reflect the carryover.

[Amended 5/6/03]

RULE 1-370 - AIR TOXICS "HOT SPOTS" ASSESSMENT

(a)Applicability

The owner or operator of each facility subject to the Air Toxics "Hot Spots" Information and Assessment Act of 1987 ("the Act" -- Health and Safety Code, Sections 44300-44394) shall pay this fee. The fee consists of two components: distributed costs and facility-specific costs. The fee for each subject facility shall be determined as set forth in Rule 1-370 (d) and (e), below. Except as provided in Rule 1-370 (e) or (f), below, no facility in a category excluded by the California Air Resources Board from the determination of state costs shall be required to pay a fee pursuant to this Rule. (Health and Safety Code, Section 44380)

[Amended 5/6/03]

(b)Date of Billing

The air toxics assessment shall be sent to the facility owner or operator after February 1 and prior to May 1 of each year, or not later than 60 days after the District's receipt of state costs from the California Air Resources Board following the adoption of those costs and their approval by the state Office of Administrative Law, if the date of receipt is March 1 or later.

(c)Late Payment Penalty

The air toxics assessment shall be past due sixty days after receipt of the notice of the assessment by the District. Each fee not paid by 60 days after receipt of the billing shall be subject to a penalty of one hundred percent (100%) as provided in Health and Safety Code, Section 44380(c), and the District shall promptly notify the facility operator. If fees remain unpaid longer than 120 days after the date of this second notification, any permits to operate from the District shall be subject to the suspension and reinstatement procedures specified in Rule 1-300(f). (Health and Safety Code, Section 44380(c))

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(d)Assessment of Distributed Costs

Distributed costs will be apportioned among the subject facilities in proportion to the scores used to determine the ranking of facilities for preparation of risk assessments. These scores are determined using the Emissions and Potency procedure set forth in the document “Report of

Hearing Prioritization of Facilities for Risk Assessment Under the Air Toxics "Hot Spots" Act” (Mendocino County Air Quality Management District, January 4, 1994). This part of the fees will be assessed in such amount as to recover the entire distributed costs of the “Hot Spots” program. Distributed costs are the following: state costs; cost of preparing the annual report; costs of establishing criteria for public notification and risk reduction; costs of other reporting to the state; staff training in ‘Hot Spots” matters; other costs of the program not attributable to a specific facility.

(e)Assessment of Facility-Specific Costs

Facility-specific costs will be billed in accordance with Regulation 1, Rule 1-330 -- Technical

Services, based upon the amount of staff time spent on “Hot Spots” activities for a specific facility. Facility-specific costs are the costs associated with the following activities: reviewing emission inventory plans; reviewing emission inventories and updates to them; reviewing stack sampling and analysis procedures; observation of stack sampling activities; reviewing health risk assessments; transmittal of documents to the California Air Resources Board or other state agencies; reviewing or preparing public notification materials; reviewing risk reduction plans; making “Hot Spots” documents available to the public; protection of trade secret information; preparation of risk assessments or screening risk assessments; other activities attributable to a specific facility as determined by the Air Pollution Control Officer.

(f)Industry-Wide Emission Inventories

Each facility in a category for which the District prepares an industry-wide emissions inventory as provided in Health and Safety Code, Section 44323 shall pay a fee of $100.00 for the year in which the District prepares the inventory.

(g)District Documentation

The Air Pollution Control Officer shall prepare a tabulation of the ranking scores to be used for apportionment of the “Hot Spots” costs as of August 1 of each year. This tabulation shall be based on information in the most recent submittals from subject facilities.

(h)This Rule shall remain in effect without re-adoption until amended or repealed

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CHAPTER IV – PROHIBITIONS

RULE 1-400 - GENERAL LIMITATIONS

(a)Public Nuisance

A person shall not discharge from any source whatsoever such quantities of air contaminants or other material that cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or that endanger the comfort, repose, health or safety of any such persons or the public or that cause or have a natural tendency to cause injury or damage to business or property, (Health and Safety Code, Section 41700).

The limitations of Rule 1-400(a) do not apply to odors emanating from agricultural operations necessary for the commercial growing of crops or the raising of fowl or animals, as may be exempted in California Health and Safety Code, Section 41705.

[Amended 5/6/03]

(b)Circumvention

A person shall not construct, erect, modify, operate or use any equipment that conceals or tends to conceal an air contaminant emission that would be subject to the rules and regulations of the Mendocino County Air Quality Management District or to state law regarding air pollution, or that prevents the determination of compliance with the District's rules and regulations or with applicable state law, unless the operation or use of such equipment results in a verifiable and enforceable significant reduction in the emission of air contaminants that are or would be concealed or determination of whose compliance would be prevented. A person shall not discharge air contaminants into the atmosphere from any source whatsoever except in such fashion as to permit determination of compliance with applicable rules and regulations of the Mendocino County Air Quality Management District and with applicable provisions of state law.

[Amended April 6, 1993]

RULE 1-410 - VISIBLE EMISSIONS

(a)A person shall not discharge into the atmosphere from any source whatsoever any air contaminant for a period or periods aggregating more than three (3) minutes in any one hour that is as dark or darker in shade as that designated as No. 1 on the Ringlemann Chart, as published by the United States Bureau of Mines; or of such opacity as to obscure an observer's view to a degree equal to or greater than Ringlemann 1 or twenty (20) percent opacity.

(b)The provisions of Rule 1-410(a) do not apply to excessive visible emissions caused by:

(1)Failure of the emission to meet the requirements solely because of the presence of uncombined water.

(2)Smoke from fires set pursuant to Regulation 2 of the Mendocino County Air Quality Management District.

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(3)Smoke from fires set or permitted by any public officer in the performance of his official duty for the improvement of watershed, range or pasture. (Health and Safety Code, Section 41704(c))

(4)Use of any aircraft to distribute seed, fertilizer, insecticides, or other agricultural aids over lands devoted to the growing of crops or the raising of fowl or animals. (Health and Safety Code, Section 41704(d))

(5)Open outdoor fires used only for cooking of food for human beings or for recreational purposes. (Health and Safety Code, Section 41704(e))

RULE 1-420 - PARTICULATE MATTER

(a)General Combustion Sources

A person shall not discharge particulate matter into the atmosphere from any combustion source in excess of 0.46 grams per standard cubic meter (0.20 grains per standard cubic foot) of exhaust gas, calculated to 12 percent carbon dioxide; or in excess of the limitations of NSPS, Rule 1-490, as applicable.

(b)Steam Generating Units

A person shall not discharge particulate matter into the atmosphere from any steam generating unit, installed or modified after July 1, 1976, in excess of 0.23 grams per standard cubic meter (0.10 grains per standard cubic foot) of exhaust gas, calculated to 12 percent carbon dioxide; or in excess of the limitations of NSPS Rule 1-490.

(c)Non-Combustion Sources

A person shall not discharge particulate matter into the atmosphere from any non-combustion source in excess of 0.46 grams per actual cubic meter (0.20 grains per cubic foot) of exhaust gas or in total quantities in excess of the amount shown in Table I, whichever is the more restrictive condition.

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TABLE I

ALLOWABLE RATE OF EMISSION BASED ON

PROCESS WEIGHT RATE

------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

Lbs/HrKg/Hr Lbs/HrLbs/Hr Kg/Hr Lbs/Hr

------------------------------------------------------------------------------------------------------------

or more

Where the process weight per hour is between two listed figures, such process weight and maximum allowable particulate emission per hour shall be interpolated linearly. The total process weight of all similar process operations located at a single plant or of similar multiple plants located on a single premise, shall be used for determining the maximum allowable particulate emission from the combination of such operations.

(d) Geothermal Well Drilling

Notwithstanding the provisions of Rule 1-420(d), a person shall not discharge particulate into the atmosphere from any geothermal steam source in excess of the quantity established by the following formula:

y = .00069X + 1.4

where y is the particulate emission rate limitation in kilograms per hour (averaged over one hour) and X is the steam rate in kilograms per hour passing through a geothermal well drilling operation or any geothermal well being vented for clean out.

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RULE 1-430 - FUGITIVE DUST EMISSIONS

This Rule prohibits the handling, transportation, or open storage of materials, or the conduct of other activities in such a manner that allows or may allow unnecessary amounts of particulate matter to become airborne except under the following circumstances:

(a)Reasonable precautions shall be taken to prevent particulate matter from becoming airborne, including, but not limited to, the following provisions:

(1)Covering open bodied trucks when used for transporting materials likely to give rise to airborne dust.

(2)Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials.

(3)The screening of all open-outdoor sandblasting and similar operations.

(4)The use of water or chemicals for the control of dust during the demolition of existing buildings or structures.

(b)The following airborne dust control measures shall be required during all construction operations, the grading of roads, or the clearing of land

(1)All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions.

(2)All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall have a posted speed limit of 10 miles per hour.

(3)Earth or other material that has been transported by trucking or earth moving equipment, erosion by water, or other means onto paved streets shall be promptly removed.

(4)Asphalt, oil, water or suitable chemicals shall be applied on materials stockpiles, and other surfaces that can give rise to airborne dusts.

(5)All earthmoving activities shall cease when sustained winds exceed 15 miles per hour.

(6)The operator shall take reasonable precautions to prevent the entry of unauthorized vehicles onto the site during non-work hours.

(7)The operator shall keep a daily log of activities to control fugitive dust.

(c)During recreational activities adequate dust control shall be maintained to prevent dust from migrating off the property where the activity is occurring.

[Amended 5/6/03]

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RULE 1-440 - SULFUR OXIDE EMISSIONS

A person shall not discharge into the atmosphere from any single source of emissions whatsoever sulfur oxides, calculated as sulfur dioxide (SO2) in excess of 1,000 ppm; or in excess of the specific source emissions limitations of New Source Performance Standards Rule 1-490 (NSPS) of the Mendocino County Air Quality Management District, as applicable.

RULE 1-455 - GEOTHERMAL EMISSION STANDARDS

(a)No person shall discharge into the atmosphere from any geothermal operation sulfur compounds, calculated as sulfur dioxide (SO2), in excess of 1,000ppm(v).

(1)Notwithstanding Rule 1-400(b) and Rule 1-455(a) geothermal wells on standby bleed shall be authorized in writing by the Air Pollution Control Officer to exceed 1000 ppm(v) (as measured in the bleeding steam) provided all the following conditions, which shall be annually verified, are met:

(A)The geothermal well on standby bleed will emit less H2S in pounds hour than if operated at or below 1000 ppm(v).

(B)An air aspirator or other device(s) approved by the Air Pollution Control Officer is used to lower the emissions level to below 1000 ppm(v) at the point of emissions exit.

(C)All other applicable emissions limitations in Regulation 1 are not exceeded.

(D)The geothermal well on standby bleed, singularly or when combined with sources on the same well pad site or from adjacent well pad sites (within 33 meters), will not create a public nuisance as defined in Rule 1-400(a).

(b)No person shall discharge hydrogen sulfide (H2S) into the atmosphere at a rate that exceeds 50 grams per hour per Gross Megawatt.

(1)Gross Megawatt refers to the source's full load gross generating capacity of the turbine generator as guaranteed by the turbine generator manufacturer.

(2)Compliance shall be verified by the source testing or protocol method approved by the District for the applicable emission source(s).

(c)In no case shall the hydrogen sulfide emissions from a geothermal power generating facility exceed 1 kg/hr.

(d)The 1 kg per hour limit shall not apply to geothermal power generating facilities of 20 megawatt electrical generating capacity or less provided:

(1)No more than one such facility is within a 1.0 km radius area from any existing power plant facility (as of Jan. 1, 1985), and no more than one such facility is within a 0.5 km

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radius area of another, or

(2)The facility can provide a significant net annual H2S emissions reduction.

(e)Each geothermal facility may be allowed to establish a protocol acceptable to the District that specifies the manner in which the facility will be operated to meet the emissions limitations set forth in sections (b) and (c) above. Each protocol shall specify if applicable:

(1)the frequency and method of sampling the incoming steam quality and flow rates;

(2)the frequency and method of adjusting chemical feed rate settings;

(3)the frequency and method of instrument and testing equipment calibration;

(4)the predicted relationship between incoming steam quality and flow rates, chemical feed rates, and H2S emissions;

(5)the frequency and method of emissions source testing;

(6)data logging requirements;

(7)the locations of all logs and source test records; and

(8)the requirement that periodic source tests be performed.

Each operating protocol can be modified by mutual agreement between the District and the operator. Changes in operating protocol(s) shall not take effect until copies of the revised protocol(s) are filed at the District office and the facility. Compliance with the operating protocol approved by the Air Pollution Control Officer shall be deemed compliance with the H2S emissions limitations of this rule.

The major purpose of the protocol method is to provide a practical means of compliance with the specified emissions limitations given variations in incoming steam quality, chemical abatement system performance, and emission source test accuracy. A form of transferable emissions credits or allocation (pound for pound) among specified power plants shall be allowed in the protocol(s) as long as in the opinion of the Air Pollution Control Officer that enforceability can be reasonably achieved and ambient air quality would not be substantially degraded.

(f)Any geothermal power plant and associated steam transmission line, for which applications are submitted for Authority to Construct processing shall employ Best Available Control Technology for stacking event avoidance.

(g)A summary of the data required to determine compliance with applicable provisions of this rule shall be submitted to the Air Pollution Control Officer. This summary shall be presented in the manner, frequency and form as prescribed by the Air Pollution Control Officer.

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RULE 1-470 - REDUCTION OF ANIMAL MATTER

A person shall not operate or use any article, machine, equipment or other contrivance for the reduction of animal matter, unless all gases, vapors and gas-entrained effluents that contain odorous material are:

(a)Incinerated at temperatures of not less than 1200 degrees Fahrenheit for a period of not less than 0.3 second; or

(b)Processed in such a manner determined by the Air Pollution Control Officer to be equally, or more effective for the purpose of air pollution control than (a) above.

(1)A person incinerating or processing gases, vapors, or gas entrained effluents pursuant to this rule shall provide, install, maintain in calibration, and continuously operate instruments and monitoring devices, as specified by the Air Pollution Control Officer, for indicating temperature, pressure or other operating conditions.

For the purpose of this prohibition, "reduction" is defined as any heated process, including rendering, cooking, drying, dehydrating, digesting, evaporating and protein concentrating.

RULE 1-480 - ORCHARD, VINEYARD, AND CITRUS GROVE HEATERS

(a)No new orchard, vineyard or citrus grove heater produced or manufactured shall be sold for use against frost damage unless the California Air Resources Board has approved it. (Health and Safety Code, Section 41860)

(b)No person shall use any orchard, vineyard or citrus grove heater unless of a type from an approved listing by the California Air Resources Board which does not produce more than one gram per minute of unconsumed solid carbonaceous material. (Health and Safety Code, Section 41860)

RULE 1-482 - PETROLEUM LOADING AND STORAGE

(a)All petroleum storage tanks in excess of 40,000 gallons capacity shall conform to the requirements of Rule 1-490.

(b)No person shall install or maintain any stationary gasoline tank with a capacity of 250 gallons or more that is not equipped for loading through a permanent submerged fill pipe. (Health and Safety Code, Section 41950)

(1)For the purpose of Rule 1-482(b) "gasoline" means any petroleum distillate having a Reid vapor pressure of four pounds or greater.

(2)For the purpose of Rule 1-482(b) "submerged fill pipe", means any fill pipe that has its discharge opening entirely submerged when the liquid level is six inches above the bottom of the tank. "Submerged fill pipe" when applied to a tank that is loaded from the side, means any fill pipe that has its discharge opening entirely submerged when

Mendocino County Air Quality Management District Regulation 1

the liquid level is 18 inches above the bottom of the tank.

(c)The requirements of Rule 1-482(b) shall not apply:

(1)To any stationary tanks installed prior to December 31, 1970.

(2)To any stationary tank that is used primarily for the fueling of implements used in agricultural operations.

(3)To any "pressure tank" that maintains working pressure sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere.

(4)To any tank equipped with a "vapor recovery system" consisting of a vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing such vapors and gases so as to prevent their emission into the atmosphere, with all tank gauging and sampling devices gastight except when gauging or sampling is taking place.

(5)To any tank equipped with a "floating roof" that consists of a pontoon-type or double- deck-type roof, resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank wall. A floating roof tank shall not be used if the gasoline or petroleum distillate has a vapor pressure of 570 millimeters of mercury absolute (11.0 pounds per square inch absolute) or greater, under actual storage conditions. All tank gauging and sampling devices shall be gastight except when gauging or sampling is taking place.

RULE 1-490 - FEDERAL NEW SOURCE PERFORMANCE STANDARDS (NSPS)

(a)The provisions of Part 60, Chapter 1, Title 40 of the Code of Federal Regulations (40 CFR Part 60), Standards of Performance for New Stationary Sources, that are in effect at the time of reading are incorporated herein as a part of the Rules and Regulations of the Mendocino County Air Quality Management District. All new sources of air contaminants or modifications to existing sources shall comply with the rules, standards, criteria and requirements set forth in those provisions. For the purpose of this rule, the word "Administrator" as used in the federal new source performance standards shall mean the Air Pollution Control Officer of the District, except that the Air Pollution Control Officer shall not be empowered to approve alternate or equivalent test methods nor alternative standards or work practices. Other deviations from these federal standards as presented in the Code of Federal Regulations and that were ordered by the District Board to suit the needs of the District shall be noted in the affected Subpart. As of May 6, 2003 there are no deviations.

[Amended 4/6/93; 5/6/03]

(b)Whenever any source is subject to more than one rule, regulation, provision, or requirement relating to the control of any air contaminant, in cases of conflict or duplication, the most stringent rule, regulation provision, or requirement shall apply.

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(c) For the purpose of Federal enforcement:

Notes:

(1)The emissions averaging periods specified in the federal standard are deleted and replaced with 24-hour maximum emissions averaging periods for affected facilities in the District.

(2)The observation of a leak in excess of the requirements of the rule constitutes a violation of the rule.

(3)California Air Resources Board (CARB) Certification and Test Procedures for Vapor Recovery Systems of Gasoline Delivery Tanks shall be followed in lieu of the federal procedure as shown in the CFR. Documentation and record keeping requirements shall record results of CARB Certification Tests.

RULE 1-492 - NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR

POLLUTANTS (NESHAPs)

The provisions of Part 61, Chapter 1, Title 40 of the Code of Federal Regulations (40 CFR, Part 61) National Emission Standards for Hazardous Air Pollutants are incorporated herein as a part of the Rules and Regulations of the Mendocino County Air Quality Management District. For the purpose of this rule, the word "Administrator" as used in these national emission standards for hazardous air pollutants shall mean the Air Pollution Control Officer of the District, except that the Air Pollution Control Officer shall not be empowered to approve alternate or equivalent test methods nor alternative standards/work practices. Other deviations from these federal standards as presented in the CFR and that were ordered by the Mendocino County Air Quality Management District Board to suit the needs of the District shall be noted in the affected Subpart. As of May 6, 2003 there are no deviations. Whenever any source is subject to more than one rule, regulation, provision, or requirement relating to the control of any air contaminant, in cases of conflict or duplication, the most stringent rule, regulation, provision, or requirement shall apply.

[Amended 5/6/03]

RULE 1-494 - POTENTIAL TO EMIT LIMITATIONS

Adopted 2/15/11]

RULE 1-494.1 - APPLICABILITY

(a)General Applicability

This rule shall apply to any stationary source that would, if it did not comply with the limitations set forth in this rule, have the potential to emit air contaminants equal to or in excess of the threshold for a major source of regulated air pollutants or a major source of hazardous air pollutants (HAPs) and that meets one of the following conditions:

(1)In every 12-month period, the actual emissions of the stationary source are less than or equal to the emission limitations specified in Rule 1-494.3 (a) below; or

Mendocino County Air Quality Management District Regulation 1

(2)In every 12-month period, at least 90 percent of the emissions from the stationary source are associated with an operation limited by any one of the alternative operational limits specified in Rule 1-494.6 (b) below.

(b)Stationary Source with De Minimis Emissions

The recordkeeping and reporting provisions in Rule 1-494.4, Rule 1-494.5 and Rule 1-494.6 below shall not apply to a stationary source with de minimis emissions or operations as specified in either Section (1) or (2) below:

(1)In every 12-month period, the stationary source emits less than or equal to the following quantities of emissions:

(A)5 tons per year of a regulated air pollutant (excluding HAPs),

(B)2 tons per year of a single HAP,

(C)5 tons per year of any combination of HAPs, and

(D)20 percent of any lesser threshold for a single HAP that the United States Environmental Protection Agency (U.S. EPA) may establish by rule.

(2)In every 12-month period, at least 90 percent of the stationary source's emissions are associated with an operation for which the throughput is less than or equal to one of the quantities specified in subsections (A) through (H) below:

(A)1,400 gallons of any combination of solvent-containing materials but no more than 550 gallons of any one solvent-containing material, provided that the materials do not contain the following: methyl chloroform (1,1,1- trichloroethane), methylene chloride (dichloromethane), tetrachloroethylene (perchloroethylene), or trichloroethylene;

(B)750 gallons of any combination of solvent-containing materials where the materials contain the following: methyl chloroform (1,1,1-trichloroethane), methylene chloride (dichloromethane), tetrachloroethylene (perchloroethylene), or trichloroethylene, but not more than 300 gallons of any one solvent-containing material;

(C)1400 gallons of solvent-containing (or volatile organic compound containing) material used at a paint spray unit(s);

(D)4,400,000 gallons of gasoline dispensed from equipment with Phase I and II vapor recovery systems;

(E)470,000 gallons of gasoline dispensed from equipment without Phase I and II vapor recovery systems;

(F)1,400 gallons of gasoline combusted;

Mendocino County Air Quality Management District Regulation 1

(G)16,600 gallons of diesel fuel combusted;

(H)500,000 gallons of distillate oil combusted, or

(I)71,400,000 cubic feet of natural gas combusted.

(3)Within 30 days of a written request by the District or the U.S. EPA, the owner or operator of a stationary source not maintaining records pursuant to Rule 1-494.4 or Rule 1-494.6 shall demonstrate that the stationary source's emissions or throughput are not in excess of the applicable quantities set forth in Section (1) or (2) above.

(c)Provision for Air Pollution Control Equipment:

The owner or operator of a stationary source may take into account the operation of air pollution control equipment on the capacity of the source to emit an air contaminant if the equipment is required by Federal, State, or District rules and regulations or permit terms and conditions. The owner or operator of the stationary source shall maintain and operate such air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. This provision shall not apply after January 1, 1999 unless such operational limitation is federally enforceable or unless the District Board specifically extends this provision and it is submitted to the U.S. EPA. Such extension shall be valid unless, and until, the U.S. EPA disapproves the extension of this provision.

(d)Exemption - Stationary Source Subject to Regulation 5:

This rule shall not apply to the following stationary sources:

(1)Any stationary source whose actual emissions, throughput, or operation, at any time after the effective date of this rule, is greater than the quantities specified in Rule 1- 494.3 (a) or Rule 1-494.6 (b) below and which meets both of the following conditions:

(A)The owner or operator has notified the District at least 30 days prior to any exceedance that s/he will submit an application for a Part 70 permit, or otherwise obtain federally-enforceable permit limits, and

(B)A complete Part 70 permit application is received by the District, or the permit action to otherwise obtain federally-enforceable limits is completed within 12 months of the date of notification.

However, the stationary source may be immediately subject to applicable federal requirements, including but not limited to, a maximum achievable control technology (MACT) standard.

(2)Any stationary source that has applied for a Part 70 permit in a timely manner and in conformance with Regulation 5 and is awaiting final action by the District and U.S. EPA.

(3)Any stationary source required to obtain an operating permit under Regulation 5 for any reason other than being a major source.

Mendocino County Air Quality Management District Regulation 1

(4)Any stationary source with a valid Part 70 permit.

(5)Notwithstanding Rule 1-494 (d)(1)(B) and (D) above, nothing in this section shall prevent any stationary source that has had a Part 70 permit from qualifying to comply with this rule in the future in lieu of maintaining an application for a Part 70 permit or upon rescission of a Part 70 permit if the owner or operator demonstrates that the stationary source is in compliance with the emissions limitations in Rule 1-494.3 (a) below or an applicable alternative operational limit in section Rule 1-494.6 (b) below.

(A)Exemption, Stationary Source with a Limitation on Potential to Emit:

(1)This rule shall not apply to any stationary source that has a valid operating permit with federally-enforceable conditions or other federally-enforceable limits limiting its potential to emit to below the applicable thresholds for a major source as defined in Rule 1-494.2 (m1) and (m2) below.

(B)Within three years of the effective date of Regulation 5, the District shall maintain and make available to the public upon request, for each stationary source subject to this rule, information identifying the provisions of this rule applicable to the source.

(C)This rule shall not relieve any stationary source from complying with requirements pertaining to any otherwise applicable preconstruction permit, or to replace a condition or term of any preconstruction permit, or any provision of a preconstruction permitting program. This does not preclude issuance of any preconstruction permit with conditions or terms necessary to ensure compliance with this rule.

RULE 1-494.2 - DEFINITIONS

All terms shall retain the definitions provided under District Regulation 5 unless otherwise defined herein.

(a1) 12-month period:

A period of twelve consecutive months determined on a rolling basis with a new 12-month period beginning on the first day of each calendar month.

(a2) Actual Emissions:

The emissions of a regulated air pollutant from a stationary source for every 12-month period.

(1)Valid continuous emission monitoring data or source test data shall be preferentially used to determine actual emissions.

Mendocino County Air Quality Management District Regulation 1

(2)In the absence of valid continuous emissions monitoring data or source test data, the basis for determining actual emissions shall be: throughputs of process materials; throughputs of materials stored; usage of materials; data provided in manufacturer's product specifications, material volatile organic compound (VOC) content reports or laboratory analyses; other information required by this rule and applicable District, State and Federal regulations; or information requested in writing by the District.

(3)All calculations of actual emissions shall use U.S. EPA, California Air Resources Board (CARB) or District approved methods, including emission factors and assumptions.

(a3) Alternative Operational Limit:

A limit on a measurable parameter, such as hours of operation, throughput of materials, use of materials, or quantity of product, as specified in Rule 1-494.6, Alternative Operational Limit and Requirements.

(e1) Emission Unit:

Any article, machine, equipment, operation, contrivance or related groupings of such that may produce and/or emit any regulated air pollutant or hazardous air pollutant.

(f1) Federal Clean Air Act:

The federal Clean Air Act (CAA) as amended in 1990 and as amended at the time of application (42 U.S.C. Section 7401 et seq.) and its’ implementing regulations.

(h1) Hazardous Air Pollutant:

Any air pollutant listed pursuant to Section 112(b) of the federal Clean Air Act.

(m1) Major Source of Regulated Air Pollutants (excluding HAPs):

A stationary source that emits or has the potential to emit a regulated air pollutant (excluding HAPs) in quantities equal to or exceeding the lesser of any of the following thresholds:

(1)100 tons per year (tpy) of any regulated air pollutant;

(2)50 tpy of volatile organic compounds or oxides of nitrogen for a federal ozone nonattainment area classified as serious, 25 tpy for an area classified as severe, or 10 tpy for an area classified as extreme; and

(3)70 tpy of PM10 for a federal PM10 nonattainment area classified as serious.

Fugitive emissions of these pollutants shall be considered in calculating total emissions for stationary sources in accordance with 40 CFR, Part 70.2 "Definitions- Major source (2)."

Mendocino County Air Quality Management District Regulation 1

(m2) Major Source of Hazardous Air Pollutants:

A stationary source that emits or has the potential to emit 10 tons per year or more of a single HAP listed in Section 112(b) of the CAA, 25 tons per year or more of any combination of HAPs, or such lesser quantity as the U.S. EPA may establish by rule. Fugitive emissions of HAPs shall be considered in calculating emissions for all stationary sources. The definition of a major source of radionuclides shall be specified by rule by the U.S. EPA.

(p1) Part 70 Permit:

An operating permit issued to a stationary source pursuant to an interim, partial or final Title V program approved by the U.S. EPA.

(p2) Potential to Emit:

The maximum capacity of a stationary source to emit a regulated air pollutant based on its physical and operational design. Any physical or operational limitation on the capacity of the stationary source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation is federally enforceable.

(p3) Process Statement:

An annual report on permitted emission units from an owner or operator of a stationary source certifying under penalty of perjury the following: throughputs of process materials; throughputs of materials stored; usage of materials; fuel usage; any available continuous emissions monitoring data; hours of operation; and any other information required by this rule or requested in writing by the District.

(r1) Regulated Air Pollutant:

The following air pollutants are regulated:

(1)Oxides of nitrogen and volatile organic compounds;

(2)Any pollutant for which a national ambient air quality standard has been promulgated;

(3)Any Class I or Class II ozone depleting substance subject to a standard promulgated under Title VI of the federal Clean Air Act;

(4)Any pollutant that is subject to any standard promulgated under Section 111 of the federal Clean Air Act; and

(5)Any pollutant subject to a standard or requirement promulgated pursuant to Section 112 of the federal Clean Air Act, including:

(A)Any pollutant listed pursuant to Section 112(r) (Prevention of Accidental Releases) shall be considered a regulated air pollutant upon promulgation of the list.

Mendocino County Air Quality Management District Regulation 1

(B)Any HAP subject to a standard or other requirement promulgated by the U.S. EPA pursuant to Section 112(d) or adopted by the District pursuant to Section 112(g) and (j) shall be considered a regulated air pollutant for all sources or categories of sources:

(1)Upon promulgation of the standard or requirement, or

(2)18 months after the standard or requirement was scheduled to be promulgated pursuant to Section 112(e)(3).

(C)Any HAP subject to a District case-by-case emissions limitation determination for a new or modified source, prior to the U.S. EPA promulgation or scheduled promulgation of an emissions limitation shall be considered a regulated air pollutant when the determination is made pursuant to Section 112(g)(2). In case- by-case emissions limitation determinations, the HAP shall be considered a regulated air pollutant only for the individual source for which the emissions limitation determination was made.

RULE 1-494.3 - EMISSION LIMITATIONS

(a)Unless the owner or operator has chosen to operate the stationary source under an alternative operational limit specified in Rule 1-494.6 (b) below, no stationary source subject to this rule shall emit in every 12-month period more than the following quantities of emissions:

(1)50 percent of the major source thresholds for regulated air pollutants (excluding HAPs),

(2)5 tons per year of a single HAP,

(3)12.5 tons per year of any combination of HAPs, and

(4)50 percent of any lesser threshold for a single HAP as the U.S. EPA may establish by rule.

(b)The APCO shall evaluate a stationary source's compliance with the emission limitations in Rule 1-494.3 (a) above as part of the District's annual permit renewal process required by Health & Safety Code, Section 42301(e). In performing the evaluation, the APCO shall consider any annual process statement submitted pursuant to Rule 1-494.5, Reporting Requirements. In the absence of valid continuous emission monitoring data or source test data, actual emissions shall be calculated using emissions factors approved by the U.S. EPA, CARB, or the APCO.

(c)Unless the owner or operator has chosen to operate the stationary source under an alternative operational limit specified in Rule 1-494.6 below, the owner or operator of a stationary source subject to this rule shall obtain any necessary permits prior to commencing any physical or operational change or activity which will result in actual emissions that exceed the limits specified in Rule 1-494.3 (a) above.

Mendocino County Air Quality Management District Regulation 1

RULE 1-494.4 - RECORDKEEPING REQUIREMENTS

(a)Immediately after adoption of this rule, the owner or operator of a stationary source subject to this rule shall comply with any applicable recordkeeping requirements in this section.

(1)However, for a stationary source operating under an alternative operational limit, the owner or operator shall instead comply with the applicable recordkeeping and reporting requirements specified in Rule 1-494.6, Alternative Operational Limit and Requirements.

(2)The recordkeeping requirements of this rule shall not replace any recordkeeping requirement contained in an operating permit or in a District, State, or Federal rule or regulation.

(b)A stationary source previously covered by the provisions in Rule 1-494.1 (b) above shall comply with the applicable provisions of Rule 1-494.4 above and Rule 1-494.5 and Rule 1- 494.6 below if the stationary source exceeds the quantities specified in Rule 1-494.1 (b)(1) above.

(c)The owner or operator of a stationary source subject to this rule shall keep and maintain records for each permitted emission unit or groups of permitted emission units sufficient to determine actual emissions. Such information shall be summarized in a monthly log, maintained on site for five years, and be made available to District, CARB, or U.S. EPA staff upon request.

(1)Coating/Solvent Emission Unit

(A)The owner or operator of a stationary source subject to this rule that contains a coating/solvent emission unit or uses a coating, solvent, ink or adhesive shall keep and maintain the following records:

(1)A current list of all coatings, solvents, inks and adhesives in use. This list shall include: information on the manufacturer, brand, product name or code, VOC content in grams per liter or pounds per gallon, HAPS content in grams per liter or pounds per gallon, or manufacturer's product specifications, material VOC content reports or laboratory analyses providing this information;

(2)A description of any equipment used during and after coating/solvent application, including type, make and model; maximum design process rate or throughput; control device(s) type and description (if any); and a description of the coating/solvent application/drying method(s) employed;

(3)A monthly log of the consumption of each solvent (including solvents used in clean-up and surface preparation), coating, ink and adhesive used; and

(4)All purchase orders, invoices, and other documents to support information in the monthly log.

Mendocino County Air Quality Management District Regulation 1

(2)Organic Liquid Storage Unit

(A)The owner or operator of a stationary source subject to this rule that contains a permitted organic liquid storage unit shall keep and maintain the following records:

(1)A monthly log identifying the liquid stored and monthly throughput; and

(2)Information on the tank design and specifications including control equipment.

(3)Combustion Emission Unit

(A)The owner or operator of a stationary source subject to this rule that contains a combustion emission unit shall keep and maintain the following records:

(1)Information on equipment type, make and model, maximum design process rate or maximum power input/output, minimum operating temperature (for thermal oxidizers) and capacity, control device type and description (if any) and all source test information; and

(2)A monthly log of hours of operation, fuel type, fuel usage, fuel heating value (for non-fossil fuels; in terms of BTU/lb or BTU/gal), percent sulfur for fuel oil and coal, and percent nitrogen for coal.

(4)Emission Control Unit

(A)The owner or operator of a stationary source subject to this rule that contains an emission control unit shall keep and maintain the following records:

(1)Information on equipment type and description, make and model, and emission units served by the control unit;

(2)Information on equipment design including where applicable: pollutants controlled; control effectiveness; maximum design or rated capacity; inlet and outlet temperatures, and concentrations for each pollutant controlled; catalyst data (type, material, life, volume, space velocity, ammonia injection rate and temperature); baghouse data (design, cleaning method, fabric material, flow rate, air/cloth ratio); electrostatic precipitator data (number of fields, cleaning method, and power input); scrubber data (type, design, sorbent type, pressure drop); other design data as appropriate; all source test information; and

(3)A monthly log of hours of operation including notation of any control equipment breakdowns, upsets, repairs, maintenance and any other deviations from design parameters.

Mendocino County Air Quality Management District Regulation 1

(5)General Emission Unit

(A)The owner or operator of a stationary source subject to this rule that contains an emission unit not included in Rule 1-494.4 (1), (2), or (3) above shall keep and maintain the following records:

(1)Information on the process and equipment including the following: equipment type, description, make and model; maximum design process rate or throughput; control device(s) type and description (if any);

(2)Any additional information requested in writing by the APCO;

(3)A monthly log of operating hours, each raw material used and its amount, each product produced and its production rate; and

(4)Purchase orders, invoices, and other documents to support information in the monthly log.

RULE 1-494.5 - REPORTING REQUIREMENTS

(a)At the time of annual renewal of a Permit to Operate under Rule 1-240, Permit to Operate, each owner or operator of a stationary source subject to this rule shall submit to the District a process statement. The statement shall be signed by the owner or operator and certify that the information provided is accurate and true.

(b)For the purpose of determining compliance with this rule, this requirement shall not apply to stationary sources which emit in every 12-month period less than or equal to the following quantities:

(1)For any regulated air pollutant (excluding HAPs),

(A)25 tons per year including a regulated air pollutant for which the District has a federal area designation of attainment, unclassified, transitional, or moderate nonattainment,

(B)15 tons per year for a regulated air pollutant for which the District has a federal area designation of serious nonattainment,

(C)6.25 tons per year for a regulated air pollutant for which the District has a federal area designation of severe nonattainment,

(2)2.5 tons per year of a single HAP,

(3)6.25 tons per year of any combination of HAPs, and

(4)25 percent of any lesser threshold for a single HAP as the U.S. EPA may establish by rule.

Mendocino County Air Quality Management District Regulation 1

(c)A stationary source previously covered by provisions in Rule 1-494.5 (b) above shall comply with the provisions of Rule 1-494.5 (a) above if the stationary source exceeds the quantities specified in Rule 1-494.5 (b).

(d)Any additional information requested by the APCO under Rule 1-494.5 (a) above shall be submitted to the APCO within 30 days of the date of request.

RULE 1-494.6 - ALTERNATIVE OPERATIONAL LIMITS AND REQUIREMENTS

(a)The owner or operator may operate the permitted emission units at a stationary source subject to this rule under any one alternative operational limit, provided that at least 90 percent of the stationary source's emissions in every 12-month period are associated with the operation(s) limited by the alternative operational limit.

(b)Upon choosing to operate a stationary source subject to this rule under any one alternative operational limit, the owner or operator shall operate the stationary source in compliance with the alternative operational limit and comply with the specified recordkeeping and reporting requirements.

(1)The owner or operator shall report within 24 hours to the APCO any exceedance of the alternative operational limit.

(2)The owner or operator shall maintain all purchase orders, invoices, and other documents to support information required to be maintained in a monthly log. Records required under this section shall be maintained on site for five years and be made available to District or U.S. EPA staff upon request.

(3)Gasoline Dispensing Facility Equipment with Phase I and Phase II Vapor Recovery Systems:

(A)The owner or operator shall operate the gasoline dispensing equipment in compliance with the following requirements:

(1)No more than 7,000,000 gallons of gasoline shall be dispensed in every 12- month period.

(2)A monthly log of gallons of gasoline dispensed in the preceding month with a monthly calculation of the total gallons dispensed in the previous 12 months shall be kept on site.

(3)A copy of the monthly log shall be submitted to the APCO at the time of annual permit renewal. The owner or operator shall certify that the log is accurate and true.

(4)Degreasing or Solvent-Using Unit:

(A)The owner or operator shall operate the degreasing or solvent-using unit(s) in compliance with the following requirements:

Mendocino County Air Quality Management District Regulation 1

Mendocino County Air Quality Management District Regulation 1

(1)If the solvents do not include methyl chloroform (1,1,1-trichloroethane), methylene chloride (dichloromethane), tetrachloroethylene (perchloroethylene), or trichloroethylene, no more than 5,400 gallons of any combination of solvent-containing materials and no more than 2,200 gallons of any one solvent-containing material shall be used in every 12-month period.

(2)If the solvents include methyl chloroform (1,1,1-trichloroethane), methylene chloride (dichloromethane), tetrachloroethylene (perchloroethylene), or trichloroethylene, no more than 2,900 gallons of any combination of solvent-containing materials and no more than 1,200 gallons of any one solvent-containing material shall be used in every 12-month period.

(B)A monthly log of amount and type of solvent used in the preceding month with a monthly calculation of the total gallons used in the previous 12 months shall be kept on site.

(C)A copy of the monthly log shall be submitted to the APCO at the time of annual permit renewal. The owner or operator shall certify that the log is accurate and true.

(5)Paint Spraying Unit

(A)The owner or operator shall operate the paint spraying unit(s) in compliance with the following requirements:

(1)The total usage rate of all VOC-containing materials, including but not limited to, coatings, thinners, reducers, and cleanup solution shall not exceed 4,200 gallons in every 12-month period.

(2)A monthly log of the gallons of VOC-containing materials used in the preceding month with a monthly calculation of the total gallons used in the previous 12 months shall be kept on site.

(3)A copy of the monthly log shall be submitted to the APCO at the time of annual permit renewal. The owner or operator shall certify that the log is accurate and true.

(6)Diesel-Fueled Emergency Standby Engines with Output Less Than 1,000 Brake Horsepower.

(A)The owner or operator shall operate the emergency standby engines in compliance with the following requirements:

(1)For a federal ozone area designation of attainment, unclassified, transitional, or moderate nonattainment, the emergency standby engine(s) shall not operate more than 5,200 hours in every 12-month period and shall not use more than 265,000 gallons of diesel fuel in every 12-month period.

Mendocino County Air Quality Management District Regulation 1

(2)A monthly log of hours of operation, gallons of fuel used and a monthly calculation of the total hours operated and gallons of fuel used in the previous 12 months shall be kept on site.

(3)A copy of the monthly log shall be submitted to the APCO at the time of annual permit renewal. The owner or operator shall certify that the log is accurate and true.

(c)The owner or operator of a stationary source subject to this rule shall obtain any necessary permits prior to commencing any physical or operational change or activity which will result in an exceedance of an applicable operational limit specified in Rule 1-494.6 (b) above.

RULE 1-494.7 - VIOLATIONS

(a)Failure to comply with any of the applicable provisions of this rule shall constitute a violation of this rule. Each day during which a violation of this rule occurs is a separate offense.

(b)A stationary source subject to this rule shall be subject to applicable federal requirements for a major source, including Regulation 5, when the conditions specified in either subsection (1) or

(2)below, occur:

(1)Commencing on the first day following every 12-month period in which the stationary source exceeds a limit specified in Rule 1-494.3 (a) above and any applicable alternative operational limit specified in Rule 1-494.6 (b), above, or

(2)Commencing on the first day following every 12-month period in which the owner or operator can not demonstrate that the stationary source is in compliance with the limits in Rule 1-494.3 (a) above or any applicable alternative operational limit specified in Rule 1-494.6 (b) above.

Mendocino County Air Quality Management District Regulation 1

CHAPTER V - ENFORCEMENT AND PENALTY ACTIONS

RULE 1-500 - ENFORCEMENT

No person shall violate any condition of an Authority to Construct, any condition of a Permit to Operate, any provision of these rules and regulations; or any order, rule, or regulation of the California Air Resources Board; or any provisions of the California Health and Safety Code. Any person violating this rule is guilty of a misdemeanor and shall be subject to a fine not exceeding one thousand dollars ($1,000), or imprisonment in the county jail for a period not exceeding six months, or both. Every day during any portion of which the violation occurs constitutes a separate offense. (Health and Safety Code, Section 42400)

RULE 1-510 - ORDERS FOR ABATEMENT

(a)The Mendocino County Air Quality Management District Board or the Mendocino County Air Quality Management District Hearing Board may, after public notice and a public hearing, issue an Order for Abatement whenever it finds that any person is in violation of Section 41700 or 41701 of the California Health and Safety Code, or of any order, rule or regulation prohibiting or limiting the discharge of air contaminants into the air. In holding such a hearing, the Air Quality Management District Board shall be vested with all the powers and duties of the Hearing Board. (Health and Safety Code, Sections 42450 & 42451)

(b)The Order for Abatement shall be framed in the manner of a writ of injunction requiring the respondent to refrain from a particular act. The order may be conditional and require a respondent to refrain from a particular act unless certain conditions are met. The order shall not have the effect of permitting a variance unless all the conditions for a variance, including limitation of time, are met. (Health and Safety Code, Section 42452)

RULE 1-520 - CIVIL PENALTIES

(a)Except as otherwise provided in Rule 1-520(b), (c), (d), (e), (f), (g), (h), (i), (j) and (k), any person who violates any order, permit, rule or regulation of the District or of the District's Hearing Board, including any Airborne Toxic Control Measure adopted as part of Regulation 3 of the Air Quality Management District, shall be strictly liable for a civil penalty not to exceed one thousand dollars ($1,000) for each day in which such violation occurs. (Health and Safety

Code, Sections 39674, 42402)

[Adopted September 8, 1992; Amended April 6, 1993]

(b)Except as otherwise provided in Rule 1-520(a), (c), (d), (e), (f), (g), (h), (i), (j) and (k), any person who violates any order, permit, rule or regulation of the District or of the District's Hearing Board, including any Airborne Toxic Control Measure adopted as part of Regulation 3 of the Air Quality Management District, shall be liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each day in which such violation occurs. (Health and Safety Code, Sections 39674, 42402)

[Adopted September 8, 1992; Amended, Renumbered April 6, 1993]

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(c)Any person who negligently emits an air contaminant in violation of any rule, regulation or order of the state board or of the District pertaining to emission regulations or limitations, including any Airborne Toxic Control Measure adopted as part of Regulation 3 of the Air Quality Management District, shall be liable for a civil penalty of not more than fifteen thousand dollars ($15,000) for each day in which such violation occurs, (Health and Safety Code, Sections 39674, 42402.1).

[Adopted September 8, 1992; Amended, Renumbered April 6, 1993]

(d)Any person who owns or operates any source of air contaminants in violation of Health and Safety Code, Section 41700 which causes actual injury to the health or safety of a considerable number of persons of the public is liable for a civil penalty of fifteen thousand dollars ($15,000). Each day in which a violation occurs is a separate offense, (Health and Safety Code, Section 42402.1).

[Adopted April 6, 1993]

(e)Any person who emits an air contaminant in violation of any order, rule, or regulation of the state board or of the District pertaining to emissions regulations or limitations, including any Airborne Toxic Control Measure adopted as part of Regulation 3 of the Air Quality Management District, and who knew of the emissions and failed to take corrective action within a reasonable period of time, shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day in which such violation occurs, (Health and Safety Code, Sections 39675, 42402.2).

[Adopted September 8, 1992; Amended, Renumbered April 6, 1993]

(f)Any person who owns or operates any source of air contaminants in violation of Health and Safety Code, Section 41700 which causes actual injury to the health or safety of a considerable number of persons of the public, and who knew of the emissions and failed to take corrective action, is liable for a civil penalty of twenty-five thousand dollars ($25,000). Each day in which a violation occurs is a separate offense, (Health and Safety Code, Section 42402.2).

[Adopted April 6, 1993]

(g)Any person who intentionally or negligently violates any Order for Abatement issued by the Air Quality Management District Board or Air Quality Management District Hearing Board pursuant to Health and Safety Code, Sections 42450 - 42454 or Rule 1-510(a), or by the state board shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day in which such violation occurs, (Health and Safety Code, Section 42401).

[Adopted September 8, 1992; Renumbered April 6, 1993]

(h)Any person who willfully and intentionally emits an air contaminant in violation of any order, rule, or regulation of the District or of the state board, pertaining to emission limitations is liable for a civil penalty of not more than fifty thousand dollars ($50,000), (Health and Safety Code, Section 42402.3).

[Adopted April 6, 1993]

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(i)Any person who, knowingly and with intent to deceive, falsifies any document required to be kept pursuant to the provisions of Division 26 of the Health and Safety Code, or any rule, regulation, or order of the District, shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each day in which such violation occurs or the information remains uncorrected, (Health and Safety Code, Section 42402.2).

[Adopted September 8, 1992; Renumbered April 6, 1993]

(j)Any person who fails to submit any information, reports, or statements required by the Air Toxics "Hot Spots" Information and Assessment Act of 1987 ("the Act" -- Health and Safety Code, Sections 44300 - 44384), or who otherwise fails to comply with any requirement of the Act or with any permit, rule, regulation or other requirement issued or adopted pursuant to the Act, is subject to a civil penalty of not less than five hundred dollars ($500.00) or more than ten thousand dollars ($10,000.00) for each day that the information, report, or statement is not submitted, or that the violation continues, (Health and Safety Code, Section 44381(a)).

[Adopted September 8, 1992; Renumbered April 6, 1993]

(k)Any person who knowingly submits any false statement or representation in any application, report, statement, or other document filed, maintained or used for the purposes of compliance with the Air Toxics "Hot Spots" Information and Assessment Act of 1987 is subject to a civil penalty of not less than one thousand dollars ($1,000.00) or more than twenty-five thousand dollars ($25,000.00) for each day that the information remains uncorrected, (Health and Safety

Code Section 44381(b)).

[Adopted September 8, 1992; Renumbered April 6, 1993]

(l)The civil penalties prescribed in Rule 1-520 (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k) shall be assessed and recovered as provided in Health and Safety Code, Section 42403. Alternatively, the Air Pollution Control Officer is authorized to enter into a voluntary settlement in accordance with the District's Violation Settlement Guidelines, (Health and Safety Code, Section 42403).

[Adopted September 8, 1992; Amended, Renumbered April 6, 1993]

RULE 1-530 - NOTICE TO COMPLYRepealed

Health and Safety Code, Sections 39150 - 39153 Repealed – January 1, 2006

RULE 1-540 - EQUIPMENT BREAKDOWN

(a)Breakdown Conditions

For the purposes of this rule, a breakdown condition means an unforeseeable failure or malfunction of any air pollution control equipment or related operating equipment which causes a violation of any emissions limitation or restriction prescribed by these rules and regulations, or by State law, or similar failure of any required in-stack continuous monitoring equipment where such failure or malfunction:

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(1)is not the result of neglect or disregard of any air pollution control law or rule or regulation;

(2)is not intentional or the result of negligence;

(3)is not the result of improper maintenance;

(4)does not constitute a nuisance;

(5)is not an abnormally recurrent breakdown of the same equipment.

(b)Breakdown Procedures

(1)Any breakdown condition meeting the qualifications of Rule 1-540(a) shall constitute a violation of any applicable emission limitation or restriction prescribed by these rules and regulations; however, the Air Pollution Control Officer may elect to take no enforcement action if the owner or operator demonstrates to his satisfaction that a breakdown condition exists and the following requirements are met:

(A)The breakdown is reported to the District office as soon as reasonably possible, but no later than one (1) hour after its detection during normal office hours (8:30 a.m. to 5:00 p.m.), or one (1) hour after the start of the next regular business day, whichever is sooner.

(B)The owner or operator takes immediate steps to minimize the impact of the breakdown and come into compliance.

(C)The breakdown does not interfere with the attainment or maintenance of any national ambient air quality standard.

(2)The breakdown shall be logged, investigated and handled to its final disposition in accordance with uniform District procedures.

(3)Upon receipt of notification of a breakdown condition, the Air Pollution Control Officer shall promptly investigate and determine whether the occurrence constitutes a breakdown condition. If it is not a breakdown condition, he may take appropriate enforcement action including, but not limited to, seeking fines, an abatement order, or an injunction against further operation.

(c)Reporting Requirements

Within ten (10) days after a breakdown occurrence has been corrected, the owner or operator shall submit a written report to the Air Pollution Control Officer including, but not limited to, the following details:

(1)Duration of excessive emissions.

(2)Estimate of quantity of emissions.

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(3)Statement of the cause of the occurrence.

(1)Corrective measures to be taken to prevent recurrences.

(2)Documentation of the breakdown condition may be required by the Air Pollution Control Officer.

(d)Burden of Proof

The burden shall be on the owner or operator of the source to provide sufficient information to demonstrate that a breakdown did occur. If the owner or operator fails to provide sufficient information, the Air Pollution Control Officer shall undertake appropriate enforcement action.

(e)Failure to Comply with Reporting Requirements

Any failure to comply, or comply in a timely manner, with the reporting requirements established in Rule 1-540 (b)(1)(A) and (c)(1) through (c)(4) shall constitute a separate violation of this rule.

(f)False Claiming of Breakdown Occurrence

It shall constitute a separate violation of this rule for any person to file with the Air Pollution Control Officer a report that falsely, or without probable cause, claims that an occurrence is a breakdown occurrence.

(g)Extended Breakdown Provisions

For any occurrence which causes a breakdown condition meeting the requirements of Rule 1- 540(a) and which may persist for longer than twenty-four (24) hours (ninety-six hours for monitoring equipment), the owner or operator may, in lieu of shutdown, obtain an emergency variance as provided in Rule 1-615.

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CHAPTER VI - HEARING BOARD & VARIANCE PROCEDURES

RULE 1-600 - AUTHORIZATION

These procedures shall apply to all hearings before the Mendocino County Air Quality Management District Hearing Board as authorized by Division 26, Part 3, Chapter 8 of the California Health and Safety Code, and held in accordance with the provisions of Division 26, Part 4, Chapter 4 of said Code.

RULE 1-610 - PETITION PROCEDURE

(a)Filing Petitions

Requests for hearings shall be initiated by the filing of a petition with the Clerk of the Hearing Board, and the payment of fees as provided for in Rule 1-320 of these Rules and Regulations. Service of a copy of the petition shall be made on the Air Pollution Control Officer, and on the holder of the permit or variance, if any, involved. Service may be made in person or by mail, and service may be proved by written acknowledgement of the person served or by the affidavit of the person making the service.

(b)Contents of Petitions

Every petition for Hearing Board action shall state:

(1)The name, address and telephone number of the petitioner, or other person authorized to receive service of notices.

(2)Whether the petitioner is an individual, co-partnership, corporation or other entity, and the names and addresses of the partners if a co-partnership, the names and addresses of the officers if a corporation, and the names and addresses of the persons in control, if other entity.

(3)The type of business or activity involved in the application and the street address at which it is conducted.

(4)A brief description of the article, machine, equipment, or other contrivance, if any, involved in the application.

(5)The section or rule under which the petition is filed; that is, whether petitioner desires a hearing:

(A)To review an Authority to Construct or Permit to Operate denied by the Air Pollution Control Officer, (Health and Safety Code, Section 42302).

(B)To review the suspension of a permit by the Air Pollution Control Officer, (Health and Safety Code, Section 42306).

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(C)To determine whether a permit shall be revoked, (Health and Safety Code, Section 42307).

(D)To request a variance under Section 42350 of the Health & Safety Code.

(E)To modify or revoke a variance previously granted, (Health and Safety Code, Section 42356).

(6)Each Petition shall be signed by the Petitioner, or by some person on his behalf, and where the person signing is not the Petitioner, it shall set forth his authority to sign.

(7)Petitions to review a denial of an Authority to Construct or Permit to Operate shall state the reasons given for the denial and reasons for the appeal.

(8)Petitions for reinstatement of suspended permits shall state the alleged basis for such suspension.

(9)Petitions for revocation of permits shall state the rule, which is alleged, to have been violated and a brief statement of the facts constituting such alleged violation.

(c)Variance Petitions

In addition to the requirements of Rule 1-610(b), petitions for variance shall state briefly:

(1)The section, order or rule complained of;

(2)The facts showing why compliance with the section, rule or order is unattainable;

(3)For what period of time the variance is sought and specific dates for achieving various increments of progress;

(4)The damage or harm resulting or which would result to petitioner from a compliance with such section, rule or order by either an arbitrary or unreasonable taking of property; or the practical closing and elimination of a lawful business without a corresponding benefit in reducing air contaminants;

(5)The requirements which petitioner can meet and the date when petitioner can comply with such requirements;

(6)Whether or not the subject equipment or process is covered by a Permit to Operate issued by the Air Pollution Control Officer;

(d)Dismissal of Petition

The petitioner may dismiss his petition at any time prior to the date set for the hearing. Such dismissals requested at least 72 hours in advance of the hearing shall result in a 50% refund of the Hearing Board fee to the petitioner. The Clerk of the Hearing Board shall notify all interested persons of such dismissal.

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RULE 1-615 - EMERGENCY VARIANCES

Notwithstanding other provisions of Chapter VI of these regulations, the Chairperson of the Hearing Board or any other member of that Hearing Board designated thereby as the Hearing Officer, may issue, without notice and hearing, an emergency variance or series of variances to an applicant. The emergency variance or series of variances shall be in effect until the hearing to consider a request by the applicant for a variance other than an emergency variance, but not to exceed 30 days.

(a)Upon receipt of a request for an emergency variance, the Air Pollution Control Officer shall contact the Hearing Officer to establish a time and place for consideration of the request. The Air Pollution Control Officer shall inform the applicant of such time and place.

(b)The applicant and Air Pollution Control Officer shall present testimony and evidence to the Hearing Officer. The burden of proof shall be on the applicant to demonstrate that a breakdown or other emergency situation exists.

(c)In order to consider the granting of an emergency variance for an extended breakdown situation, the Hearing Officer should determine the causes of the breakdown and that the equipment failure or malfunction:

(1)is not the result of neglect or disregard of any air pollution control law or rule or regulation;

(2)is not intentional or the result of negligence;

(3)is not the result of improper maintenance.

(d)After consideration of the emergency variance request, the Hearing Officer may grant or deny an emergency variance. Within five working days following the granting of an emergency variance, a written order shall be issued confirming the decision, with appropriate findings.

(e)No emergency variance shall be granted unless the Hearing Officer determines that:

(1)The emergency variance request is caused by a breakdown condition or other emergency situation and may not be delayed until a properly noticed hearing.

(2)Granting of the emergency variance will not cause a public nuisance.

(3)Granting of the emergency variance will not create an immediate threat or hazard to public health or safety.

(4)Granting of the emergency variance will not interfere with the attainment or maintenance of any national ambient air quality standard.

(5)The requirements for a variance set forth in Rule 1-630(c) have been met.

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(f)At any time after an emergency variance has been granted, the applicant or Air Pollution Control Officer may request the Hearing Officer to revise, revoke or further condition the variance and issue an amended written order. All procedures shall be as designated for the original hearing.

(g)An emergency variance shall remain in effect only as long as necessary to correct the breakdown or emergency condition, but not to exceed the time period required for a properly noticed hearing to consider an interim or 90-day variance in accordance with Rule 1-620(b), or 30 days, whichever is the shorter time period.

(h)Within ten (10) days after the date of expiration of an emergency variance, the applicant shall submit a written report to the Air Pollution Control Officer including, but not limited to, the following details:

(1)Duration of excessive emissions.

(2)Estimate of quantity of emissions.

(3)Statement of the cause of the occurrence.

(4)Corrective measures to be taken to prevent a recurrence.

Documentation of the breakdown condition may be required by the Air Pollution Control Officer.

RULE 1-616 - INTERIM VARIANCE

Any person who has submitted an application for a variance and who desires to commence or continue operation pending the decision of the Hearing Board on the application, may submit an application for an interim variance. (Health and Safety Code, Section 42351)

(a)An interim variance may be granted for good causes stated in the order granting such a variance.

(b)The interim variance shall not be valid beyond the date of the decision of the Hearing Board on the application or for more than 90 days from the date of issuance of the interim variance, whichever comes first.

(c)The Hearing Board shall not grant any interim variance:

(1)after it has held a hearing in compliance with the requirements of Rule 1-620; or

(2)that is being sought to avoid the notice of hearing requirements of Rule 1-620.

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RULE 1-618 - MODIFICATION OF INCREMENTS OF PROGRESS SCHEDULE

If a person granted a variance with a schedule of increments of progress, files an application for modification of the schedule and is unable to notify the Hearing Board sufficiently in advance to allow the Hearing Board to schedule a public hearing, the Hearing Board may grant a one time interim authorization which is valid for not more than 30 days, to continue operation pending decision of the Hearing Board on the application.

(a)The Chairperson of the Hearing Board or any other Hearing Board member designated by the Board may hear such application.

(b)If a member of the public contests a decision made by one member of the Hearing Board, the application shall be reheard by the full Hearing Board within 10 days of the decision.

The interim authorization shall not be granted for a requested extension of a final compliance date or where the original variance expressly required advance application for the modification of an increment of progress. (Health and Safety Code, Section 42351.5)

RULE 1-620 - HEARING PROCEDURES

(a)Place of Hearing

All hearings shall be held at such time and place as designated by the Clerk of the Hearing Board on the notice of hearing.

(b)Notice of Hearing

(1)Except as provided for in Rule 1-620 (c), (d) and (e) the Hearing Board shall serve notice of the time and place of the hearing upon the Air Pollution Control Officer and upon the applicant or Permit Holder affected not less than 10 days prior to such hearing. (Health and Safety Code, Section 40823)

(2)Except as provided for in Rule 1-620 (c), (d) and (e) the Hearing Board shall also send notice of hearing to every person who requests such notice and obtain publication of such notice in at least one daily newspaper of general circulation within the district. The notice shall state the time and place of the meeting, and reasonably apprise the people within the district of the purpose of the meeting. (Health and Safety Code, Section 40823)

(c)Short Term Variances/Modifications of Increments of Progress

In the case of a hearing to consider an application for a variance, or a series of variances to be in effect for a period of not more than 90 days, or an application for a modification of a schedule of increments of progress, or for an order of abatement:

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(1)The Hearing Board shall serve notice of the time and place of a hearing to grant such a variance or modification upon the Air Pollution Control Officer, all surrounding districts, the California Air Resources Board, the U.S. Environmental Protection Agency, and upon the applicant or Permit Holder not less than 10 days prior to such hearing. (Health and Safety Code, Section 40825)

(2)Rule 1-620(b)(2) shall not apply. (Health and Safety Code, Section 40825)

(3)The Chairperson of the Hearing Board or any other member of the Hearing Board so designated by the Hearing Board, may hear an application for an interim variance. If any member of the public contests a decision made by any one member of the Hearing Board, the application shall be reheard by the full Hearing Board within 10 days of the decision. (Health and Safety Code, Section 40825)

(d)Interim Variance

In the case of a hearing to consider an application for an interim variance, as authorized in Rule 1-616:

(1)The Hearing Board shall serve reasonable notice of the time and place of the hearing on the Air Pollution Control Officer and upon the applicant.

(2)Rule 1-620(b)(2) shall not apply.

(3)The Chairperson of the Hearing Board or any other member of the Hearing Board so designated by the Hearing Board, may hear an application for an interim variance. If any one member of the public contests a decision made by any one member of the Hearing Board, the application shall be reheard by the full Hearing Board within 10 days of the decision. (Health and Safety Code, Section 40824)

(e)Regular Variance Procedure

In the case of a hearing to consider an application for variance, other than a 90 day variance, or an interim variance, or an application for a modification of a final compliance date in a variance previously granted, the notice requirements shall be as follows:

(1)The Hearing Board shall serve a notice of the time and place of a hearing to the Air Pollution Control Officer, all surrounding districts, the California Air Resources Board, the U.S. Environmental Protection Agency, and upon the petitioner or Permit Holder.

(2)The Hearing Board shall also publish a notice of the hearing in at least one newspaper of general circulation within the District, and send such notice, at least 30 days prior to the hearing.

(3)The notice shall state the time and the place of the hearing, the time when, commencing not less than 30 days prior to the hearing, and the place where the application including any proposed conditions or schedule of increments of progress is available for public inspection. (Health and Safety Code, Section 40826)

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(f)Answers

Any person may file an answer within 10 days after service. All answers shall be served the same as petitions under Rule 1-610(a).

(g)Continuances

The Chairperson or any three members of the Hearing Board may grant any reasonable continuance concurred in by petitioner, the Air Pollution Control Officer and by every person who has filed an answer in the action. Such action may be ex parte', without a meeting of the Hearing Board and without prior notice.

(h)Evidence

(1)Oral evidence shall be taken only on oath or affirmation.

(2)Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If respondent does not testify in his, or her, own behalf, he may be called and examined as if under cross-examination.

(3)The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in it self to support a finding unless it would be admissible over objection in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

(4)Whenever the members of the Hearing Board conducting any hearing deem it necessary to examine any person as a witness at such hearing, the Chairperson of the Hearing Board shall issue a subpoena, in proper form, commanding such person to appear before it at a time and place specified to be examined as a witness. The subpoena may require such person to produce all books, papers, and documents in his possession or under his control, material to such a hearing. A subpoena to appear before the Hearing Board shall be served in the same manner as a subpoena in a civil action, (Health and Safety Code, Sections 40840 & 40841).

(5)The Hearing Board may take official notice of any matter that may be judicially noticed by the courts of this state.

(6)The Hearing Board shall allow interested members of the public a reasonable opportunity to testify with regard to the matter under consideration, and shall consider such testimony in making its decision, (Health and Safety Code, Section 40828).

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RULE 1-630 - DECISIONS

(a)After a hearing, the Hearing Board may do any of the following: (Health and Safety Code, Section 42309)

(1)Grant a permit denied by the Air Pollution Control Officer.

(2)Continue the suspension of a permit suspended by the Air Pollution Control Officer.

(3)Remove the suspension of an existing permit invoked by the Air Pollution Control Officer pending the furnishing by the Permit Holder of the information, analyses, plans, and specifications required.

(4)Find that no violation exists and, reinstate an existing permit.

(5)Revoke an existing permit, if it finds any of the following:

(A)The Permit Holder has failed to correct any conditions required by the Air Pollution Control Officer.

(B)A refusal of a permit would be justified.

(C)Fraud or deceit was employed in the obtaining of the permit.

(D)Any violation of this part, or of any order, rule, or regulation of the district.

(6)Grant a variance in accordance with the conditions as further specified in this rule.

(b)The Hearing Board shall announce its decision in writing, served and filed within 30 days after submission of the cause by the parties thereto and shall contain a statement of findings and the order of the Hearing Board.

(c)No variance shall be granted unless the Hearing Board makes all of the following findings: (Health and Safety Code, Section 42352)

(1)That the petitioner for a variance is or will be in violation of a provision of the California Health & Safety Code or of any rule, regulation or order of the District.

(2)That due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either an arbitrary or unreasonable taking of property, or the practical closing and elimination of a lawful business.

(3)That such closing or taking would be without a corresponding benefit in reducing air contaminants.

(d)Upon making the specific findings set forth in Rule 1-630(c), the Hearing Board shall prescribe requirements other than those imposed by statute or by any rule, regulation, or order of the district board, not more onerous, applicable to plants and equipment operated by specified industry or business or for specified activity, or to the operations of individual persons.

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However, no variance shall be granted if the operation under the Variance, will result in a violation of Rule 1-400 of the District. (Health and Safety Code, Section 42353)

(e)In prescribing other and different requirements, in accordance with Rule 1-630(d), the Hearing Board shall exercise a wide discretion in weighing the equities involved and the advantages to the residents of the district from the reduction of air contaminants and the disadvantages to any otherwise lawful business, occupation, or activity involved, resulting from requiring compliance with such requirements, (Health and Safety Code, Section 42354).

(f)The Hearing Board may require, as a condition of granting a variance, that a cash bond, or a bond executed by two or more good and sufficient sureties or by a corporate surety, be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. Such bond may provide that, if the party granted the variance fails to perform such work by the agreed date, the cash bond shall be forfeited to the district having jurisdiction, or the corporate surety or sureties shall have the option of promptly remedying the variance default or paying to the district an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance, (Health and Safety Code, Section 42355).

(g)The Hearing Board, in making any order permitting a variance, shall specify the time during which such order shall be effective, in no event, except as otherwise provided in Rule 1-630(h), to exceed one year, and shall set a final compliance date, (Health and Safety Code, Section 42358(a)).

(h)A variance may be issued for a period exceeding one year if the variance includes a schedule of increments of progress specifying a final compliance date by which the emissions of air contaminants of a source for which the variance is granted will be brought into compliance with applicable emission standards, (Health and Safety Code, Section 42358(b)).

(i)The Hearing Board may rehear a decision if a party petitions for a rehearing within 10 days after a copy of the decision has been mailed to him, (Health and Safety Code, Section 40861).

(j)The decision shall become effective 30 days after it is filed, unless either of the following occurs:

(1)A rehearing is granted by the Hearing Board.

(2)The Hearing Board orders that it be made effective sooner. (Health and Safety Code, Section 40863)

(k)A copy of the decision shall be mailed or delivered to the Air Pollution Control Officer, California Air Resources Board, the U.S. Environmental Protection Agency, the petitioner and to every person who has filed an answer or who has appeared as a party in person or by counsel at the hearing.

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RULE 1-640 - RECORD OF PROCEEDINGS

A record of all proceedings had before the Hearing Board shall be made. All or any part of this record may be requested by any party to the proceedings or by any interested public citizen. Such requests shall be in writing and a reasonable fee may be charged, not to exceed the actual cost of providing the written transcript or tape recording copy.

RULE 1-650 - APPEAL OF DECISION

(a)Judicial review may be had of a decision of the Hearing Board by filing a petition for a writ of mandate in accordance with the provisions of the Code of Civil Procedure. Except as otherwise provided in this Rule any such petition shall be filed within 30 days after the decision has been mailed. The right to petition shall not be affected by the failure to seek a rehearing before the Hearing Board, (Health and Safety Code, Section 40864(a).

(b)The complete record of the proceedings or such parts thereof as are designated by the petitioner, shall be prepared by the Hearing Board and shall be delivered to the petitioner within 30 days after a request therefore by him, upon payment of the fee specified in Rule 1- 640, (Health and Safety Code, Section 40864(b)).

(c)The complete record includes the pleading, all notices and orders issued by the Hearing Board, the final decision, a transcript of all proceedings, the exhibits admitted or rejected, the written evidence and any other papers in the case, (Health and Safety Code, Section 40864(c)).

(d)Where the petitioner, within 10 days after the last day on which a rehearing can be ordered, requests the Hearing Board to prepare all or any part of the record, the time within which a petition may be filed shall be extended until five days after its delivery to him. The Hearing Board may file with the court the original of any document in the record in lieu of a copy thereof, (Health and Safety Code, Section 40864(d)).

(e)In any proceeding pursuant to Rule 1-650, the court shall receive in evidence any order, rule, or regulation of the district board, any transcript of the proceedings before the Hearing Board, and such further evidence as the court, in its discretion, deems proper, (Health and Safety Code, Section 40865).

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APPENDIX A - PROCEDURES FOR ENVIRONMENTAL IMPACT REVIEW

I.DEFINITIONS AND INTENT

(a)All terms and language in this section are defined as they are defined in the California Environmental Quality Act of 1970 (CEQA) as amended by the Legislature and by various legal decisions.

(b)All deadlines and comment periods shall be consistent with CEQA and may be consolidated, where allowed, with other deadlines and comment periods (i.e. Clean Air Act Title 5 permitting process).

(c)The intent of this section is to conform with the State of California Resources Agency CEQA Guidelines (Guidelines - Division 6, Title 14, California Administrative Code). In the event of any conflict with CEQA or the most recently adopted CEQA Guidelines any District regulation will be considered invalid only to the extent needed to resolve the conflict.

(d)If any section or portion of these regulations is declared invalid though legal action all other sections shall remain in force.

(e)Appeals of the actions of the Air Pollution Control Officer related to CEQA shall be heard by the Air Quality Management District Board. The District Board may delegate this authority to the Air Quality Management District Hearing Board.

II.AUTHORITY OF THE AIR POLLUTION CONTROL OFFICER

(a)The Air Pollution Control Officer shall have the authority, in accordance with standards delineated by the Guidelines for implementing the California Environmental Quality Act of 1970, to make the following determination:

(1)Whether or not an action is a project.

(2)Whether or not an action is a project or a portion of a project for which another public agency has already acted as the lead agency.

(3)Whether or not a project is categorically exempt.

(4)Whether or not a project is subject to a statutory exemption.

(5)Whether or not a project is ministerial.

(6)Whether or not it can be seen with certainty that a project will not have a significant effect upon the environment.

(7)Whether or not an agency other than the District is to be the lead agency.

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(b)These determinations are subject to review and revision upon motion made by the Air Quality Management District Board or upon request for Board Review by the Air Pollution Control Officer.

III.DETERMINATIONS OF THE AIR POLLUTION CONTROL OFFICER

(a)If the Air Pollution Control Officer determines that:

(1)the application is for a project or a portion of a project for which another public agency has already acted as the lead agency in compliance with CEQA,

(2)the project is categorically exempt,

(3)the project is ministerial, or

(4)it can be seen with certainty that the project will not have a significant effect on the environment.

then neither a negative declaration nor an environmental impact report will be required.

(b)If 1, 2, 3 and 4 above are not applicable then a CEQA document shall be prepared by the District. If the Air Pollution Control Officer determines that another public agency should act as lead agency and 1, 2, 3 and 4 above are not applicable, the matter shall be referred to the lead agency for compliance with CEQA.

(c)The Air Pollution Control Officer's determination will be set forth in a written statement which shall be furnished to the applicant and made available to any members of the public upon request. A copy of said statement shall be affixed to any permit granted or denied.

IV. HIRING OF CONSULTANTS

The Air Pollution Control Officer may choose to hire consultants to prepare environmental documents. If the Air Pollution Control Officer determinates that a consultant will be hired the District will use the following guidelines:

These guidelines are to assist the District in creating a fair and efficient consultant selection process.

(a)Overview: The District employs a competitive consultant selection process designed to select a consultant with the expertise, experience, available time and staff to prepare an environmental document that evaluates the environmental impacts, mitigations and alternatives at a competitive price. Although consultant selection is normally made from a list of consultants maintained by the District, or other local resource agencies, single-source procurement may also be used in some cases.

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(1)Selection From a List of Pre-qualified Consultants: This procedure involves reviewing an established list of consultants whose qualifications are known to the District, or other local resource agencies, prior to selection. This approach typically includes the following:

(A)A small group (typically, 3-5) consultants are selected by the Air Pollution Control Officer from an established list of qualified consulting firms. The project applicant is permitted to submit the name of one or more consulting firms that they wish to be considered.

(B)Upon verification of qualifications, the consulting firms may be informally contacted to ascertain their interest and availability.

(C)The District prepares a Request for Proposals (RFP) and distributes copies of the RFP to the interested consultants. The RFP should contain a scope of work, a schedule for report preparation, an indication of who will be required to attend which meetings and public hearings, a breakdown of all costs for report preparation, an indication of the number and type of graphics to be provided, and a statement of information needed by the consultant prior to initiation of report preparation, including any maps, laboratory work, monitoring, reports, files and surveys.

(D)Following distribution of the RFP to consulting firms, the Air Pollution Control Officer may hold a pre-submittal conference to assure that all respondents have a thorough understanding of the project.

(E)The Air Pollution Control Officer evaluates each proposal utilizing a standard evaluation criteria. The Air Pollution Control Officer may invite staff from other Responsible Agencies to participate in the evaluation process. The project applicant is also permitted to evaluate the proposals and submit comments for consideration by the Air Pollution Control Officer. In situations where a clear choice cannot be made from reviewing the proposals, the Air Pollution Control Officer may invite the top two or three firms to a formal interview. Following this process, the consultant will be selected by the Air Pollution Control Officer.

(2)Single-Source Procurement. With this approach, the District only contacts one consultant for a given project or retains the same consultant on an on-going basis. This process allows the District to maintain a long-standing relationship with a consultant who is familiar with the project or community. Single-source procurement may be used when:

(A)An existing consultant is familiar with the project, is capable of handling the work, has a solid record of good performance and is not under contract with the project applicants;

(B)There is only one qualified consulting firm;

(C)A highly specialized consultant is needed;

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(D)There is not sufficient time to establish a formal search procedure; or,

(E)Significant cost savings can be achieved by using a consultant who is already familiar with the community, the staff, the project and the procedures.

If single-source procurement is chosen, the Air Pollution Control Officer shall document his/her reasons for doing so, to avoid any discriminatory practice claims by other consultants.

(3)All contracts with consultants shall be approved by District Legal Counsel and be consistent with standard administrative procedures.

(4)The consultant shall not be authorized to begin work until the applicant has deposited the total contract amount with the District. Said funds shall be segregated from other moneys in a separate fund.

(5)Compensation: Payments to the consultant may be based on monthly or less frequent billings, with documentation of tasks, personnel, hours and rates. Compensation may not exceed the following:

∙60% of the contract amount upon acceptance of the Draft EIR by the District.

∙25% of the contract upon acceptance of the Final EIR by the District.

∙15% of the contract amount upon certification of the Final EIR by the Air Pollution Control Officer or the Air Quality Management District Board upon appeal. In the event that the District is unable to certify the EIR based on stated inadequacy of the information in the EIR, the Consultant shall revise the Final EIR if such work is within the scope of the contract. If the inadequacies are outside the scope of the contract, the 15% payment to the Consultant shall be paid.

∙Should contract termination occur for any other reason, the Consultant shall be paid for work authorized, performed and documented to date, not to exceed the limits in this section.

The above payment schedule is offered as a guideline. In unusual circumstances, the Air Pollution Control Officer may specify an alternative payment schedule.

V.NEGATIVE DECLARATION OR ENVIRONMENTAL IMPACT REPORT – AIR

POLLUTION CONTROL OFFICER'S RESPONSIBILITY

(a)After making a determination regarding the requirements for preparation of a negative declaration or an environmental impact report, the Air Pollution Control Officer shall:

(1)prepare a negative declaration or notice of exemption and file it with the Clerk of the County in which the project is proposed to be located; or

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(2)prepare an environmental impact report; or

(3)obtain authorization of the Air Quality Management District Board to engage the services of an outside consultant for the purposes of preparing an environmental impact report (as outlined in section IV of this appendix).

(b)If the District acts as the lead agency, after a draft environmental impact is completed, the Air Pollution Control Officer shall file a notice of completion with the State Clearinghouse.

VI. CONSULTATION REGARDING ENVIRONMENTAL IMPACT REPORT

After completing the draft environmental impact report, the Air Pollution Control Officer shall consult with and obtain the comments of any public agency that has jurisdiction by law with respect to the project. The Air Pollution Control Officer may consult with any person with expertise with respect to the environmental impact involved.

VII. MAINTENANCE OF NOTIFICATION LIST

(a)The Air Pollution Control Officer shall maintain a special notice list containing the names and addresses of all persons requesting special notice of either (1) the filing of a negative declaration with the County Clerk, or (2) the filing of a notice of completion of an environmental impact report with the Secretary of the Resources Agency. Each person requesting special notice shall:

(1)Make written request for special notice to the Air Pollution Control Officer. Payment of the fees for special notice shall be made directly to the Air Pollution Control Officer. Upon payment of the required fee, the Air Pollution Control Officer shall include the applicant's name on the special notice list.

(2)Pay an annual fee as determined by the Air Pollution Control Officer to cover costs.

(3)Renew such request annually on or before the first day of July, and the renewal fee shall be paid to the Air Pollution Control Officer at the time the request for special notice is renewed.

(b)Neither the failure to give special notice when required by these procedures nor the failure to publish notice in the proper manner when required by these procedures shall affect in any way the validity or legality or the approval or disapproval of a project.

VIII. CONSIDERATION OF NEGATIVE DECLARATION OR ENVIRONMENTAL

IMPACT REPORTS

Any interested person may review the negative declaration or draft environmental impact report and may make written comments to be sent to the Air Pollution Control Officer and be made a part of the consideration of the Air Pollution Control Officer.

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(a)After giving the notice required by CEQA, the Air Pollution Control Officer may set a time, date and place for consideration of the negative declaration or draft environmental impact report and any oral comments made thereon.

(b)If the Air Pollution Control Officer chooses to receive oral comments notice shall be given to the public of that time, date and place when (s)he will be available to receive testimony regarding the proposed negative declaration or environmental impact report.

(c)The Air Pollution Control Officer shall send such notice of time and place of consideration to all persons who have requested special notice, to the Resources Agency of the State of California, the United States Environmental Protection Agency and the California Air Resources Board.

(d)Any hearings relating to this section may also include members of the Air Quality Management District Board or the Air Quality Management District Hearing Board, but the decision-making authority will remain with the Air Pollution Control Officer.

IX. CONSIDERATION OF NEGATIVE DECLARATION

Negative declarations, together with any written comments thereon, shall be transmitted to the Air Pollution Control Officer prior to the date set for his consideration.

(a)The Air Pollution Control Officer shall consider the negative declaration and comments, if any, and either adopt or reject the negative declaration prior to deciding to approve or disapprove the project.

(b)If the Air Pollution Control Officer decides to adopt the negative declaration, then the Air Pollution Control Officer shall proceed to approve or disapprove the project.

X.NEGATIVE DECLARATION FURTHER ACTION

(a)The Air Pollution Control Officer shall file a copy of the negative declaration and notice of determination with the Clerk of the County in which the project would be located. After the determination by the Air Pollution Control Officer to approve the project, the determination shall become final.

(b)After complying with all of the requirements of this procedure and CEQA, the Air Pollution Control Officer shall approve or disapprove the application for an authority to construct or permit to operate in accordance with the rules and regulations of the District.

XI. EVALUATION OF PROPOSED ENVIRONMENTAL IMPACT REPORT AND

COMMENTS

After the period for considering comments on a draft environmental impact report has expired, the Air Pollution Control Officer (or consultant) shall prepare a final environmental impact report.

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XII. PRESENTATION OF ENVIRONMENTAL IMPACT REPORTS

The Air Pollution Control Officer shall complete the final environmental impact report or shall receive from the consultant the final environmental impact report prior to his approval or disapproval of the project. The Air Pollution Control Officer shall certify the final environmental impact report and consider its contents before making a decision on a project.

XIII. ENVIRONMENTAL IMPACT REPORT - FURTHER ACTION

The Air Pollution Control officer shall file a notice of determination with the Clerk or the County in which the project is located. Such notice shall include:

(a)whether an environmental impact report has been prepared pursuant to the provisions of CEQA, and the Air Pollution Control Officer's approval or disapproval of the report;

(b)the Air Pollution Control Officer's approval or disapproval of the project; and

(c)the determination of the Air Pollution Control Officer of whether the project will or will not have a significant effect upon the environment.

XIV. AIR POLLUTION CONTROL OFFICER'S DECISION ON PROJECT

(a)Before making a decision on the application, the Air Pollution Control Officer shall consider the negative declaration or environmental impact report prepared pursuant to this procedure.

(b)If the application is for a project or portion of a project for which another public agency has acted as the lead agency, the Air Pollution Control Officer shall consider the lead agency's environmental impact report or negative declaration and shall certify that (s)he has reviewed and considered the information contained in them before acting upon or approving the project.

(c)After complying with all of the requirements of this procedure and CEQA, the Air Pollution Control Officer shall approve or disapprove the application for an authority to construct or permit to operate in accordance with the rules and regulations of the District.

[Amended May 15, 2001]

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APPENDIX B - CONTINUOUS MONITORING

I.INSTALLATION AND STARTUP

Owners or operators of sources required to have continuous emission monitors shall have installed all necessary equipment and shall have begun monitoring and recording by October 6, 1978.

II.REPORTING

(a)File of Records

Owners or operators subject to the provisions of these rules and regulations shall maintain for a period of at least two years a record in a permanent form suitable for inspection and shall make such record available upon request, to the California Air Resources Board and the Mendocino County Air Quality Management District. The record shall include:

(1)Occurrence and duration of any start up, shut down or malfunction in the operation of any affected facility.

(2)Performance testing, evaluations, calibration checks, adjustments, and maintenance of any continuous emission monitors that have been installed pursuant to these rules.

(3)Emission measurements reported in units consistent with applicable standards.

(b)Quarterly Report

Owners or operators subject to provisions of these rules and regulations shall submit a written report for each calendar quarter to the Air Pollution Control Officer. The report is due by the 30th day following the end of the calendar quarter and shall include:

(1)Time intervals, date and magnitude of excess emissions, nature and cause of the excess (if known), corrective actions taken and preventive measures adopted.

(2)Averaging period used for data reporting corresponding to averaging period specified in the emission test period used to determine compliance with an emission standard for the pollutant/source category in question.

(3)Time and date of each period during which the continuous monitoring system was inoperative except for zero and span checks and the nature of system repairs and adjustments.

(4)A negative declaration when no excess emissions occurred.

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(5)Reports on opacity monitors giving the number of three-minute periods during which the average opacity exceeded the standard for each hour of operation. The averages may be obtained by integration over the averaging period or by arithmetically averaging a minimum of four equally spaced instantaneous opacity measurements per minute. Any time period exempted shall be considered before determining the excess averages of opacity.

(c)Reports of Violations

Any violation of any emissions standard to which the stationary source is required to conform, as indicated by the records of the monitoring device, shall be reported by the operator of the source to the Mendocino County Air Quality Management District within 96 hours after such occurrence. The District shall, in turn, report the violation to the Air Resources Board within five working days after receiving the report of the violation from the operator.

III.DATA REDUCTION

Data shall be reduced according to the procedure established in Title 40 of the Code of Federal Regulations, Part 51, Appendix P, paragraphs 5.0 through 5.3.3, or by other methods deemed equivalent by joint decision of the Mendocino County Air Quality Management District, the California Air Resources Board, and the U.S. Environmental Protection Agency.

IV. STANDARDS OF PERFORMANCE OF MONITORING SYSTEMS

(a)Systems shall be installed, calibrated, maintained, and operated in accordance with the following sections of Title 40 of the Code of Federal Regulations:

(1)Fossil-Fuel Fired Steam Generators: Section 60.45

(2)Sulfuric Acid Plants: Section 60.84

(3)Nitric Acid Plants: Section 60.73

(4)Petroleum Refineries: Section 60.105

(5)Kraft Pulp Mills; NCASI Technical Bulletin # 89

(b)Calibration gas mixtures shall meet the specifications in Title 40 of the Code of Federal Regulations, Part 51, Appendix P, Section 3.3 and Part 60, Appendix B, Performance Specification 2, Section 2.11.

(c)Cycling times shall be those specified in Title 40 of the Code of Federal Regulations, Part 51, Appendix P, Section 3.4, 3.4.1, and 3.4.2.

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(d)The continuous SO2 and NOx monitors shall meet the applicable performance specification requirements in Title 40 of the Code of Federal Regulations, Part 51, Appendix P, and Part 60, Appendix B.

(e)The continuous CO2 and O2 monitoring systems shall meet the performance specification requirements in Title 40 of the Code of Federal Regulations, Part 51, Appendix P, and Part 60, Appendix B.

(f)Opacity monitoring systems shall meet the performance specifications of Title 40 of the Code of Federal Regulations Part 60, Appendix B, Performance Specification No. 1.

Equivalent alternate performance specifications may be established by mutual agreement of the U.S. Environmental Protection Agency, the California Air Resources Board and the Mendocino County Air Quality Management District.

V.DEFINITIONS

Definitions shall be those given in Title 40 of the Code of Federal Regulations, Part 51.

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