Free Request for Judicial Notice - District Court of California - California

Case 3:07-cv-04936-CRB

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REGULATION 2 PERMITS RULE 1 GENERAL REQUIREMENTS INDEX
2-1-100 2-1-101 2-1-102 2-1-103 2-1-104 2-1-105 2-1-106 2-1-109 2-1-110 2-1-111 2-1-112 2-1-113 2-1-114 2-1-115 2-1-116 2-1-117 2-1-118 2-1-119 2-1-120 2-1-121 2-1-122 2-1-123 2-1-124 2-1-125 2-1-126 2-1-127 2-1-128 2-1-129 2-1-200 2-1-201 2-1-202 2-1-203 2-1-204 2-1-205 2-1-206 2-1-207 2-1-208 2-1-209 2-1-210 2-1-211 2-1-212 2-1-213 2-1-214 2-1-215 2-1-216 GENERAL Description Applicable Requirements Exemption, Source not Subject to any District Rule Deleted October 7, 1998 Exemption, Registered Statewide Portable Equipment Limited Exemption, Accelerated Permitting Program Deleted June 7, 1995 Deleted June 7, 1995 Deleted June 7, 1995 Deleted June 7, 1995 Exemption, Sources and Operations Exemption, Combustion Equipment Exemption, Particulate Sources at Quarries, Mineral Processing and Biomass Facilities Exemption, Furnaces, Ovens and Kilns Exemption, Food and Agricultural Equipment Exemption, Surface Preparation and Cleaning Equipment Exemption, Surface Coating and Printing Equipment Exemption, Dry Cleaning Equipment Exemption, Material Working and Handling Equipment Exemption, Casting and Molding Equipment Exemption, Liquid Storage and Loading Equipment Exemption, Semiconductor Manufacturing Exemption, Printed Circuit Board Manufacturing Equipment Exemption, Testing Equipment Exemption, Chemical Processing Equipment Exemption, Miscellaneous Equipment Major Facility Review DEFINITIONS Emission Reduction Credits Complete Application Fugitive Emissions Major Facility National Ambient Air Quality Standards (NAAQS) Organic Compound Organic Compound, Non-Precursor (NPOC) Organic Compound, Precursor Reasonably Available Control Technology (RACT) Start-Up Period CEQA EIR Facility Federally Enforceable Hazardous Air Pollutant (HAP) Major Facility Review (MFR) July 19, 2006 2-1-1

Bay Area Air Quality Management District

Case 3:07-cv-04936-CRB
2-1-217 2-1-218 2-1-219 2-1-220 2-1-221 2-1-222 2-1-223 2-1-224 2-1-225 2-1-226 2-1-227 2-1-228 2-1-229 2-1-230 2-1-231 2-1-232 2-1-233 2-1-234 2-1-235 2-1-236 2-1-237 2-1-238 2-1-239 2-1-300 2-1-301 2-1-302 2-1-303 2-1-304 2-1-305 2-1-306 2-1-307 2-1-308 2-1-309 2-1-310 2-1-311 2-1-312 2-1-313 2-1-314 2-1-315 2-1-316 2-1-317 2-1-318 2-1-319 2-1-400 2-1-401 2-1-402 2-1-403 2-1-404 2-1-405 2-1-406 2-1-407 2-1-408 2-1-409 2-1-410 2-1-411

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Potential to Emit Regulated Air Pollutant Synthetic Minor Operating Facility Portable Equipment Source Toxic Air Contaminant (TAC) Year Responsible Laboratory Management Practices Health Risk Screening Analysis (HRSA) Statewide Portable Equipment Registration Program Substantial Use Particulate Matter PM10 Functionally Equivalent Semiconductor Fabrication Area New Source Alter Modified Source Shutdown Closure BACT/TBACT Workbook Clean Air Act Agricultural Source STANDARDS Authority to Construct Permit to Operate Fees Denial, Failure to Meet Emission Limitations Conformance with Authority to Construct Mandated Reductions Not Applicable Failure to Meet Permit Conditions Fugitive Emissions Canceled Application Applicability of CEQA Ministerial Projects Other Categories of Exempt Projects Projects Not Exempt From CEQA Review Case-by-Case CEQA Determinations Denial, Failure to Mitigate Significant Adverse Environmental Impacts New or Modified Sources of Toxic Air Contaminants or Hazardous Air Pollutants Public Nuisance Sources Hazardous Substances Source Expressly Subject to Permitting Requirements ADMINISTRATIVE REQUIREMENTS Persons Affected Applications Permit Conditions Changes in Throughput and Hours of Operation Posting of Permit to Operate Transfer Authority to Construct Expiration Action on Applications Regulations in Force Govern Appeal Permit to Operate, Final Action July 19, 2006 2-1-2

Bay Area Air Quality Management District

Case 3:07-cv-04936-CRB
2-1-412 2-1-413 2-1-414 2-1-415 2-1-416 2-1-420 2-1-421 2-1-422 2-1-423 2-1-424 2-1-425 2-1-426 2-1-427 2-1-428 2-1-429 2-1-430 2-1-431 2-1-432 2-1-500 2-1-501 2-1-502 2-1-600 2-1-601 2-1-602

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Public Notice, Schools Portable Equipment Operated Within the District Loss of Exemption, Public Nuisance Source Pre-Certification Procedure Temporary Amnesty for Unpermitted Sources Suspension Appeal from Suspension Revocation Hearings Loss of Exemption Sources of Toxic Air Contaminants CEQA-Related Information Requirements Procedure for Ministerial Evaluations Criteria for Approval of Ministerial Permit Applications Federal Emissions Statement Maintenance of the Permit Handbook and BACT/TBACT Workbook Date of Completion Determination of Complete Application MONITORING AND RECORDS Monitors Burden of Proof MANUAL OF PROCEDURES Engineering Permitting Procedures CEQA Guidelines

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REGULATION 2 PERMITS RULE 1 GENERAL REQUIREMENTS
(Adopted January 1, 1980) 2-1-100 2-1-101 GENERAL Description: The purpose of Regulation 2 is to provide an orderly procedure for the review of new sources of air pollution, and of the modification and operation of existing sources, and of associated air pollution control devices, through the issuance of authorities to construct and permits to operate. The applicability of Regulation 2, Rule 1 is illustrated by Figure 2-1-101, Permit/Exemption Flow Chart. An applicant may choose to obtain a permit to operate for a source that is exempt from permit requirements. In that case, the affected source is deemed to be subject to the requirements of Section 2-1-302 until such time as an application for return to exempt status is approved.
(Amended 7/17/91; 6/7/95; 5/17/00; 12/21/04)

2-1-102

Applicable Requirements: The requirements of this Rule shall apply to Rules 2, 3, and 6 of this Regulation, unless superseded by specific requirements in Rules 2, 3, and 6.
(Amended November 3, 1993)

2-1-103

Exemption, Source not Subject to any District Rule: Any source that is not already exempt from the requirements of Section 2-1-301 and 302 as set forth in Sections 2-1-105 to 2-1-128, is exempt from Section 2-1-301 and 302 if the source meets all of the following criteria: 103.1 The source is not in a source category subject to any of the provisions of Regulation 6(1), Regulation 8(2) excluding Rules 1 through 4, Regulations 9 through 12; and 103.2 The source is not subject to any of the provisions of Sections 2-1-316 through 319; and 103.3 Actual emissions of precursor organic compounds (POC), non-precursor organic compounds (NPOC), nitrogen oxides (NOx), sulfur dioxide (SO2), PM10 and carbon monoxide (CO) from the source are each less than 10 pounds per highest day. A source also satisfies this criterion if actual emissions of each pollutant are greater than 10 lb/highest day, but total emissions are less than 150 pounds per year, per pollutant. Note 1: Typically, any source may be subject to Regulation 6, Particulate Matter and Visible Emissions. For the purposes of this section, Regulation 6 applicability shall be limited to the following types of sources that emit PM10: combustion source; material handling/processing; sand, gravel or rock processing; cement, concrete and asphaltic concrete production; tub grinder; or similar PM10-emitting source, as deemed by the APCO. Note 2: If an exemption in a Regulation 8 Rule indicates that the source is subject to Regulation 8, Rules 1 through 4, then the source must comply with all applicable provisions of Regulation 8, Rules 1 through 4, to qualify for this exemption. 103.4 The source is not an ozone generator (a piece of equipment designed to generate ozone) emitting 1 lb/day or more of ozone.
(Adopted 6/7/95; Amended 5/17/00; 12/21/04)

2-1-104 2-1-105

Deleted October 7, 1998 Exemption, Registered Statewide Portable Equipment: The following portable equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the equipment complies with all applicable requirements of the Statewide Portable Equipment Registration Program (California Code of Regulations Title 13, Division 3, Chapter 3, Article 5). 105.1 Confined abrasive blasting 105.2 Portland concrete batch plants July 19, 2006 2-1-4

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105.3

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105.4 105.5 2-1-106

Spark ignition or diesel fired internal combustion engines used in conjunction with the following types of operations: 3.1 Well drilling service or workover rigs; 3.2 Power generation, excluding cogeneration; 3.3 Pumps; 3.4 Compressors; 3.5 Pile drivers; 3.6 Welding; 3.7 Cranes; and 3.8 Wood chippers Sand and Gravel screening, rock crushing, pavement crushing and recycling operations; Unconfined abrasive blasting.
(Adopted 6/7/95; Amended 10/7/98; 5/17/00)

Limited Exemption, Accelerated Permitting Program: Unless subject to any of the provisions of Sections 2-1-316 through 319, any new or modified source is exempt from the Authority to Construct requirements of Section 2-1-301, provided that the owner or operator submits a complete application under the Accelerated Permitting Program. A complete permit application under this program consists of: a completed permit application form and source data form(s); payment of applicable fees (the minimum permit fee required to install and operate each source); and certification that the source meets all of the criteria set forth in Sections 2-1-106.1 through 106.3. Such a source is still subject to the Permit to Operate requirements of Section 2-1302, but will be evaluated under the Accelerated Permitting Program, as described in Section 2-1-302.2. 106.1 Uncontrolled emissions of POC, NPOC, NOx, SO2, PM10, and CO are each less than 10 pounds per highest day; or the source is pre-certified per Section 2-1-415; and 106.2 Emissions of toxic compounds do not exceed the trigger levels identified in Table 2-5-1 of Regulation 2, Rule 5; and 106.3 The source is not subject to the public notice requirements of Section 2-1412. In addition to the above, the replacement of any abatement device is exempt from the Authority to Construct requirements of Section 2-1-301 and will be evaluated under the Accelerated Permitting Program in Section 2-1-302.2, provided that the owner or operator certifies for all pollutants that the abatement device is as efficient as, or more efficient than, the abatement device being replaced. In addition to the above, any alteration of a source is exempt from the Authority to Construct requirements of Section 2-1-301 and will be evaluated under the Accelerated Permitting Program in Section 2-1-302.2, provided that the owner or operator certifies for all pollutants that the alteration does not result in an increase in emissions.
(Adopted 6/7/95; Amended 10/7/98; 5/17/00; 6/15/05)

2-1-109 2-1-110 2-1-111 2-1-112 2-1-113

Deleted June 7, 1995 Deleted June 7, 1995 Deleted June 7, 1995 Deleted June 7, 1995 Exemption, Sources and Operations: 113.1 The following sources and operations are exempt from the requirements of Sections 2-1-301 and 302, in accordance with the California Health and Safety Code: 1.1 Single and multiple family dwellings used solely for residential purposes. 1.2 Agricultural sources with actual emissions of each regulated air pollutant, excluding fugitive dust, less than 50 tons per year, except for large confined animal facilities subject to Regulation 2, Rule 10. 1.3 Any vehicle. Equipment temporarily or permanently attached to a vehicle is not considered to be a part of that vehicle unless the combination is a vehicle as defined in the Vehicle Code. Specialty July 19, 2006 2-1-5

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113.2

vehicles may include temporarily or permanently attached equipment including, but are not limited to, the following: oil well production service unit; special construction equipment; and special mobile equipment. 1.4 Tank vehicles with vapor recovery systems subject to state certification, in accordance with the Health and Safety Code. The following sources and operations are exempt from the requirements of Sections 2-1-301 and 302: 2.1 Road construction, widening and rerouting. 2.2 Restaurants, cafeterias and other retail establishments for the purpose of preparing food for human consumption. 2.3 Structural changes which do not change the quality, nature or quantity of air contaminant emissions. 2.4 Any abatement device which is used solely to abate equipment that does not require an Authority to Construct or Permit to Operate. 2.5 Architectural and industrial maintenance coating operations that are exclusively subject to Regulation 8, Rules 3 or 48, because coatings are applied to stationary structures, their appurtenances, to mobile homes, to pavements, or to curbs. This does not apply to coatings applied by the manufacturer prior to installation, nor to the coating of components removed from such structures and equipment. 2.6 Portable abatement equipment exclusively used to comply with the tank degassing control requirements of Regulation 8, Rule 5 and/or Regulation 8, Rule 40. 2.7 Equipment that transports, holds or stores California Public Utilities Commission regulated natural gas, excluding drivers. 2.8 Deleted May 17, 2000 2.9 Deleted May 17, 2000 2.10 Deleted May 17, 2000 2.11 Teaching laboratories used exclusively for classroom experimentation and/or demonstration. 2.12 Laboratories located in a building where the total laboratory floor space within the building is less than 25,000 square feet, or the total number of fume hoods within the building is less than 50, provided that Responsible Laboratory Management Practices, as defined in Section 2-1-224, are used. Buildings connected by passageways and/or corridors shall be considered as separate buildings, provided that structural integrity could be maintained in the absence of the passageways and/or corridors and the buildings have their own separate and independently operating HVAC and fire suppression systems. For the purposes of this subsection, teaching laboratories that are exempt per Section 2-1-113.2.11 are not included in the floor space or fume hood totals. In addition, laboratory units for which the owner or operator of the source can demonstrate that toxic air contaminant emissions would not occur, except under accidental or upset conditions, are not included in the floor space or fume hood totals. 2.13 Maintenance operations on natural gas pipelines and associated equipment, provided that emissions from such operations consist solely of residual natural gas that is vented after the equipment is isolated or shut down. 2.14 Space heating units that are not subject to Regulation 9, Rule 7, where emissions result solely from the combustion of natural gas or liquefied petroleum gas (e.g. propane, butane, isobutane, propylene, butylenes, and their mixtures) of less than 20 million BTU per hour heat input. Incinerators operated in conjunction with such sources are not exempt. 2.15 Asbestos and asbestos containing material renovation or removal conducted in compliance with Regulation 11, Rule 2 and Regulation 3.

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2.16 Closed landfills that have less than 1,000,000 tons of decomposable solid waste in place and that do not have an operating landfill gas collection system. 2.17 Closed landfills that have not accepted waste for at least 30 years and that never had a landfill gas collection system. 2.18 Construction of a building or structure that is not itself a source requiring a permit.
(Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00; 11/15/00; 5/2/01; 7/19/06)

2-1-114

Exemption, Combustion Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, only if the source does not emit pollutants other than combustion products, and those combustion products are not caused by the combustion of a pollutant generated from another source, and the source does not require permitting pursuant to Section 2-1-319. 114.1 Boilers, Heaters, Steam Generators, Duct Burners, and Similar Combustion Equipment: 1.1 Any of the above equipment with less than 1 million BTU per hour rated heat input. 1.2 Any of the above equipment with less than 10 million BTU per hour rated heat input if fired exclusively with natural gas (including compressed natural gas), liquefied petroleum gas (e.g. propane, butane, isobutane, propylene, butylenes, and their mixtures), or any combination thereof. 114.2 Internal Combustion Engines and Gas Turbines: 2.1 Internal combustion (IC) engines and gas turbines with a maximum output rating less than or equal to 50 hp. 2.2 Internal combustion (IC) engines and gas turbines used solely for instructional purposes at research, teaching, or educational facilities. 2.3 Portable internal combustion engines which are at a location for less than 72 consecutive hours. 2.4 Any engine mounted on, within, or incorporated into any vehicle, train, ship, boat, or barge used to provide propulsion for the vehicle, train, ship, boat, or barge. Facilities which include cargo loading or unloading from cargo carriers other than motor vehicles shall include the cargo carriers as part of the source which receives or loads the cargo. 2.5 Any engine mounted on, within, or incorporated into any vehicle, train, ship, boat, or barge used to provide propulsion for the vehicle, train, ship, boat, or barge and which is also used to supply mechanical or electrical power to ancillary equipment (e.g., crane, drill, winch, etc.) which is affixed to or is a part of the vehicle, train, ship, boat, or barge. Facilities which include cargo loading or unloading from cargo carriers other than motor vehicles shall include the cargo carriers as part of the source which receives or loads the cargo.
(Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00; 8/1/01)

2-1-115

Exemption, Particulate Sources at Quarries, Mineral Processing and Biomass Facilities: The following potential PM10 sources are exempt from the requirements of sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 115.1 Sources located at quarrying; mineral or ore handling or processing; concrete production; asphaltic concrete production; marine bulk transfer stations; concrete or asphaltic concrete recycling; vehicle shredding; glass manufacturing; handling or processing of cement, coke, lime, flyash, fertilizer, or catalyst; or other similar facility which meets one of the following: 1.1 Mixer and other ancillary sources at concrete or aggregate product production facilities with a maximum rated production capacity less than 15 cubic yards (yd3) per hour; 1.2 Other source at a facility with a maximum throughput less than 5000 tons per year;

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115.2

Operating, loading and unloading a crusher or grinder which processes exclusively material with a moisture content greater than or equal to 20 percent by weight; 1.4 Operating, loading and unloading the following sources which process exclusively material with a moisture content greater than or equal to 5 percent by weight: 1.4.1 Screen or other size classification; 1.4.2 Conveyor, screw, auger, stacker or bucket elevator; 1.4.3 Grizzly, or other material loading or unloading; 1.4.4 Storage silos; 1.4.5 Storage or weigh hopper/bin system. 1.5 Haul or access roads; 1.6 Drilling or blasting. Sources located at biomass recycling, composting, landfill, POTW, or related facilities specializing in the operation of, but not limited to, the following: 2.1 Tub grinder powered by a motor with a maximum output rating less than 10 horsepower; 2.2 Hogger, shredder or similar source powered by a motor with a maximum output rating less than 25 horsepower; 2.3 Other biomass processing/handling sources at a facilities with a total throughput less than 500 tons per year.
(Amended 6/7/95; 5/17/00)

2-1-116

Exemption, Furnaces, Ovens and Kilns: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 116.1 Porcelain enameling furnaces, porcelain enameling drying ovens, vitreous enameling furnaces or vitreous enameling drying ovens. 116.2 Crucible furnaces, pot furnaces, induction furnaces, cupolas, electric arc furnaces, reverbatories, or blast furnaces with a capacity of 1000 lbs or less each. 116.3 Crucible furnaces, pot furnaces, or induction furnaces for sweating or distilling that process 100 tons per year of all metals or less. 116.4 Drying or heat-treating ovens with less than 10 million BTU per hour capacity provided that a) the oven does not emit pollutants other than combustion products and b) the oven is fired exclusively with natural gas (including compressed natural gas), liquefied petroleum gas (e.g. propane, butane, isobutane, propylene, butylenes, and their mixtures), or any combination thereof. 116.5 Ovens used exclusively for the curing of plastics which are concurrently being vacuum held to a mold, or for the softening and annealing of plastics. 116.6 Ovens used exclusively for the curing of vinyl plastisols by the closed mold curing process. 116.7 Ovens used exclusively for curing potting materials or castings made with epoxy resins. 116.8 Kilns used for firing ceramic ware, heated exclusively by natural gas, liquefied petroleum gas, electricity or any combination thereof. 116.9 Parts cleaning, bake-off, and similar ovens that meet both of the following: 9.1 Oven is equipped with a secondary combustion chamber or abated by a fume incinerator; and 9.2 Internal oven volume is 1 cubic yard or less. 116.10 Electric ovens used exclusively for curing or heat-treating where no significant off-gassing or evaporation of any air contaminants occurs.
(Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00)

2-1-117

Exemption, Food and Agricultural Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 117.1 Smokehouses or barbecue units in which the maximum horizontal inside cross sectional area does not exceed 20 square feet.

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117.3

117.4 117.5

117.6 117.7

117. 8

117.9 117.10 117.11 117.12 2-1-118

Equipment at facilities other than restaurants, cafeterias or other retail operations, which is used to dry, cook, fry, bake, or grill less than 1000 tons per year of food products. Any oven with a total production of yeast leavened bakery products of less than 10,000 pounds per operating day, averaged over any period of seven consecutive days, and which is heated either electrically or exclusively by natural gas firing with a maximum capacity of less than 10 million BTU per hour. Equipment used exclusively to grind, blend, package, or store tea, cocoa, spices, or coffee. Equipment used to dry, mill, grind, blend, or package less than 1000 tons per year of dry food products such as seeds, grains, corn, meal, flour, sugar, and starch. Equipment used to convey, transfer, clean, or separate less than 1000 tons per year of dry food products or waste from food production operations. Storage equipment or facilities containing dry food products; which are not vented to the outside atmosphere, or which handle less than 1000 tons per year. Coffee, cocoa and nut roasters with a roasting capacity of less than 15 pounds of beans or nuts per hour; and any stoners or coolers operated in conjunction with these roasters. Containers, reservoirs, tanks, or loading equipment used exclusively for the storage or loading of beer, wine or other alcoholic beverages. Fermentation tanks for beer or wine. Fermentation tanks used for the commercial production of yeast for sale are not exempt. Brewing operations at facilities producing less than 3 million gallons per year of beer. Fruit sulfuring operations at facilities producing less than 10 tons per year of sulfured fruits and vegetables.
(Adopted 10/19/83; Amended 4/16/86; 7/1791; 6/7/95; 5/17/00)

Exemption, Surface Preparation and Cleaning Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 118.1 Permanent abrasive blasting source, as defined by Regulation 12, Rule 4, that has a confined volume less than 100 cubic feet (ft3) and is abated by a particulate filter. 118.2 Blast cleaning equipment using a suspension of abrasive in water. 118.3 Portable abrasive blasting equipment used on a temporary basis within the District. 118.4 Equipment, including solvent cold cleaners using an unheated solvent mixture for surface preparation, cleaning, wipe cleaning, fluxing or stripping by use of solutions with a VOC content less than or equal to 50 grams per liter (0.42 lb/gal). 118.5 Equipment using a heated solvent mixture for steam cleaning, surface preparation, fluxing, stripping, wipe cleaning, washing or drying products, provided that a) only solutions containing less than 2.5 percent VOC (wt) are used; and b) any combustion sources used in the process are exempt under Section 2-1-114. 118.6 Equipment or operations which use unheated solvent and which contain less than 1 gallon of solvent or have a liquid surface area of less than 1 ft2. This exemption does not apply to solvent stations at semiconductor manufacturing operation fabrication areas or aerospace stripping operations. 118.7 Deleted December 21, 2004 118.8 Batch solvent recycling equipment where all of the following apply: 8.1 Recovered solvent is used primarily on site (more than 50% by volume); and 8.2 Maximum heat input (HHV) is less than 1 million BTU per hour; and 8.3 Batch capacity is less than 150 gallons.

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Wipe cleaning at a facility with a net solvent usage less than 20 gallons per year, or which emits to the atmosphere less than 150 lb/year of VOC from all wipe cleaning operations. At a facility with total wipe cleaning emissions greater than 150 lb/yr, wipe cleaning operations may be grouped per Section 2-1-401.4. 118.10 Any solvent cleaning or surface preparation source which employs only nonrefillable hand held aerosol cans. 118.11 Spray gun cleaning performed in compliance with Regulation 8, provided the cleaning is associated with a source, such as a spray booth, subject to the requirements of Section 2-1-301 and 302.
(Adopted 10/19/83; Amended 4/16/86; 8/2/89; 7/17/91; 6/7/95; 5/17/00; 12/21/04)

2-1-119

Exemption, Surface Coating and Printing Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 119.1 Any powder coating operation, or radiation cured coating operation where ultraviolet or electron beam energy is used to initiate a reaction to form a polymer network. 119.2 Any coating, adhesive, dipping,. laminating, printing, screening, masking, electrodeposition, resist application, or similar source or operation at any facility which: 2.1 Consumes a total of less than 30 gallons of coating and ink per year on a facility wide basis, or emits less than 150 pounds per year of uncontrolled VOC on a facility wide basis, resulting from the application of coatings and ink; or 2.2 Uses exclusively materials that contain less than one percent VOC (wt). At a facility with coating emissions greater than 150 lb/yr, coating operations may be grouped per Section 2-1-401.3. 119.3 Any coating source which employs only non-refillable hand held aerosol cans. 119.4 An oven associated with an exempt coating source, provided that the oven is electrically heated, or the oven is fired exclusively with natural gas, liquefied petroleum gas (e.g. propane, butane, isobutane, propylene, butylenes, and their mixtures) and the maximum firing rate is less than 10 million BTU per hour.
(Adopted 10/19/83; Amended 4/16/86; 7/17/91; 6/7/95; 5/17/00; 12/21/04)

2-1-120

Exemption, Dry Cleaning Equipment: Any dry cleaning facility which uses less than 700 gallons of petroleum solvents or any other non-halogenated solvent in any single year is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. Equipment which uses perchloroethylene or any other halogenated solvent is not exempt.
(Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00)

2-1-121

Exemption, Material Working and Handling Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 121.1 Equipment used for buffing, carving, cutting, drilling, grinding, machining, planing, routing, sanding, sawing, shredding, stamping or turning of wood, ceramic artwork, ceramic precision parts, leather, metals, plastics, rubber, fiberboard, masonry, glass, silicon, semiconductor wafers, carbon or graphite, provided that organic emissions from the use of coolant, lubricant, or cutting oil are 5 ton/yr or less. 121.2 Equipment used for pressing or storing sawdust, wood chips or wood shavings. 121.3 Equipment used exclusively to mill or grind coatings and molding compounds in a paste form provided the solution contains less than one percent VOC (wt). 121.4 Tumblers used for the cleaning or deburring of metal products without abrasive blasting. 121.5 Batch mixers with a rated working capacity of 55 gallons or less. July 19, 2006 2-1-10

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121.6 121.7 121.8 121.9 121.10

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121.11 121.12 121.13

121.14 121.15 121.16 121.17 121.18 121.19 2-1-122

Mixing equipment provided no material in powder form is added and mixture contains less than one percent VOC (wt). Equipment used exclusively for the mixing and blending of materials at ambient temperature to make water based adhesives. Equipment used exclusively for the mixing and packaging of lubricants or greases. Presses used exclusively for extruding metals, minerals, plastics or wood. Presses used for the curing of rubber products and plastic products. The use of mold release products or lubricants is not exempt unless the VOC content of these materials is less than or equal to 1 percent, by weight, or unless the total facility-wide uncontrolled VOC emissions from the use of these materials are less than 150 lb/yr. Platen presses used for laminating. Roll mills or calendars for rubber or plastics. Equipment used exclusively for forging, pressing, rolling, stamping or drawing metals or for heating metals immediately prior to forging, pressing, rolling, stamping or drawing, provided that: (1) maximum fuel use rate is less than 10 million BTU/hr; (2) no lubricant with an initial boiling point less than 400oF is used; and (3) organic emissions are 5 ton/yr or less. Atmosphere generators used in connection with metal heat treating processes. Equipment used exclusively for the sintering of glass or metals. Equipment used exclusively for the melting or applying of wax containing less than one percent VOC (wt). Equipment used exclusively for conveying and storing plastic pellets. Solid waste transfer stations that receive or load out a total of all material less than 50 tons/day. Inactive solid waste disposal sites which do not have an operating landfill gas collection system.
(Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00)

Exemption, Casting and Molding Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 122.1 Molds used for the casting of metals. 122.2 Foundry sand mold forming equipment to which no heat is applied, except processes utilizing organic binders yielding in excess of 0.25% free phenol by weight of sand. 122.3 Shell core and shell-mold manufacturing machines. 122.4 Equipment used for extrusion, compression molding and injection molding of plastics. The use of mold release products or lubricants is not exempt unless the VOC content of these materials is less than or equal to 1 percent, by weight, or unless the total facility-wide uncontrolled VOC emissions from the use of these materials are less than 150 lb/yr. 122.5 Die casting machines.
(Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00)

2-1-123

Exemption, Liquid Storage and Loading Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 123.1 Storage tanks and storage vessels having a capacity of less than 260 gallons. 123.2 Tanks, vessels and pumping equipment used exclusively for the storage or dispensing of any aqueous solution which contains less than 1 percent (wt) organic compounds. Tanks and vessels storing the following materials are not exempt. 2.1 Sulfuric acid with an acid strength of more than 99.0% by weight. 2.2 Phosphoric acid with an acid strength of more than 99.0% by weight. 2.3 Nitric acid with an acid strength of more than 70.0% by weight. 2.4 Hydrochloric acid with an acid strength of more than 30.0% by weight. 2.5 Hydrofluoric acid with an acid strength of more than 30.0% by weight. July 19, 2006 2-1-11

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123.3

123.4

More than one liquid phase, where the top phase contains more than one percent VOC (wt). Containers, reservoirs, tanks or loading equipment used exclusively for: 3.1 Storage or loading of liquefied gases. 3.2 Storage or loading of organic liquids or mixtures containing organic liquids; where the initial boiling point of the organics is greater than 302oF and exceeds the actual storage temperature by at least 180oF. This exemption does not apply to the storage or loading of asphalt or asphalt emulsion with a sulfur content equal to or greater than 0.5 wt%. 3.3 The storage or loading of petroleum oils with an ASTM D-93 (PMCC) flash point of 130oF or higher, when stored or loaded at a temperature at least 36oF below the flash point. 3.4 The storage or loading of lubricating oils. 3.5 The storage of fuel oils with a gravity of 40 API or lower and having a capacity of 10,000 gallons or less. 3.6 The storage or loading of liquid soaps, liquid detergents, tallow, or vegetable oils, waxes or wax emulsions. 3.7 The storage of asphalt or asphalt emulsion with a sulfur content of less than 0.5 wt%. This does not include the storage of asphalt cutback with hydrocarbons having an initial boiling point of less than 302oF. 3.8 The storage of wine, beer or other alcoholic beverages. 3.9 The storage of organic salts or solids in an aqueous solution or suspension, provided that no liquid hydrocarbon layer forms on top of the aqueous phase. 3.10 The storage or loading of fuel oils with a gravity of 25 API or lower. 3.11 The storage and/or transfer of an asphalt-water emulsion heated to 150oF or less. Tank seal replacement. For any tank subject to Regulation 8, Rule 5, any new seal must comply with the applicable provisions of Regulation 8, Rule 5, and the District must receive written notification of the tank source number and seal type at least three days prior to the installation.
(Adopted 10/19/83; Amended 7/11/84; 7/17/91; 6/7/95; 5/17/00)

2-1-124

Exemption, Semiconductor Manufacturing: Semiconductor fabrication area(s) at a facility which complies with all of the following are exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 124.1 Net solvent usage is less than 20 gallons of VOC per year on a facility wide basis; or uncontrolled VOC emissions to the atmosphere resulting from the usage of solvent are less than 150 pounds per year of VOC on a facility wide basis, and 124.2 Maskant and/or coating usage is less than 30 gallons per year, on a facility wide basis; or uncontrolled VOC emissions from the application of maskant and coatings are less than 150 pounds per year on a facility wide basis.
(Adopted 10/19/83; Amended 1/9/85; 4/16/86; 7/17/91; 6/7/95; 10/20/99; 5/17/00)

2-1-125

Exemption, Printed Circuit Board Manufacturing Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 125.1 Equipment used exclusively for: 1.1 Plating of printed circuit boards. 1.2 Buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding or turning of printed circuit boards. 1.3 Soldering. This section does not exempt fluxing and finger cleaning (see Section 2-1-118.4).
(Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00)

2-1-126

Exemption, Testing Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 126.1 Equipment used for hydraulic or hydrostatic testing. July 19, 2006 2-1-12

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126.3 2-1-127

Bench scale laboratory equipment or processes used exclusively for chemical or physical analyses or experimentation, quality assurance and quality control testing, research and development, or similar bench scale equipment, excluding pilot plants. Equipment used for inspection of metal products.
(Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00)

Exemption, Chemical Processing Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 127.1 Equipment used exclusively for the dyeing or stripping (bleaching) of textiles provided that only solutions containing less than one percent VOC (wt) are used. 127.2 Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy. 127.3 Containers, reservoirs, or tanks used exclusively for electrolytic plating with, or electrolytic polishing of, or electrolytic stripping of the following metals: aluminum, brass, bronze, cadmium, copper, iron, nickel, tin, zinc and precious metals. 127.4 Containers, reservoirs, or tanks used exclusively for etching (not chemical milling), except where ammonia or ammonium-based etchants are used.
(Adopted 10/19/83; Amended 7/17/91; 6/7/95; 5/17/00)

2-1-128

Exemption, Miscellaneous Equipment: The following equipment is exempt from the requirements of Sections 2-1-301 and 302, provided that the source does not require permitting pursuant to Section 2-1-319. 128.1 Comfort air conditioning or comfort ventilating systems which are not designed to remove air contaminants generated by or released from specific units of equipment. 128.2 Refrigeration units except those used as, or in conjunction with, air pollution control equipment. 128.3 Vacuum producing devices in laboratory operations which are used exclusively in connection with other equipment which is exempted by this Rule, and vacuum producing devices which do not remove or convey air contaminants from another source. 128.4 Water cooling towers and water cooling ponds not used for evaporative cooling of process water, or not used for evaporative cooling of water from barometric jets or from barometric condensers. 128.5 Natural draft hoods, natural draft stacks or natural draft ventilators. 128.6 Vacuum cleaning system used exclusively for industrial commercial or residential housekeeping purposes. 128.7 Equipment used to liquefy or separate oxygen, nitrogen or the rare gases from the air. 128.8 Equipment used exclusively to compress or hold dry natural gas, excluding drivers. 128.9 Equipment used exclusively for bonding lining to brake shoes. 128.10 Equipment used exclusively for the manufacture of water emulsions of waxes, greases or oils. 128.11 Brazing, soldering or welding equipment. 128.12 Pharmaceutical manufacturing equipment with annual VOC emissions less than 150 pounds per source. Material working and handling equipment such as mills, grinders, blenders, granulators, tablet presses, capsule fillers, packagers, and conveyors are only exempt if the source also processes less than 100 tons per year of pharmaceutical products. 128.13 Equipment used exclusively to blend or package cosmetics. 128.14 Any wastewater (oil-water) separator, as defined in Regulation 8, Rule 8, which processes less than 200 gallons per day of waste water containing organic liquids. 128.15 Exploratory drilling activities for methane recovery at waste disposal sites, for natural gas or for oil. Production wells for the above operations are not exempt. July 19, 2006 2-1-13

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128.16 Passive aeration of soil, only if: 16.1 The duration of the passive aeration operation will not exceed three months, and 16.2 The soil is not being used as a cover material at a landfill. 128.17 Ozone generators which produce less than 1 pound per day of ozone. 128.18 Any source or operation which exclusively uses consumer products regulated by the California Air Resources Board (California Code of Regulations Title 17, Article 2, Sections 94507-94517). 128.19 Any source or operation deemed by the APCO to be equivalent to a source or operation which is expressly exempted by Sections 2-1-113 through 128. 128.20 Wastewater pumping stations where no treatment is performed, excluding any drivers. 128.21 Modification, replacement, or addition of fugitive components (e.g. valves, flanges, pumps, compressors, relief valves, process drains) at existing permitted process units at petroleum refineries, chemical plants, bulk terminals or bulk plants, provided that the cumulative emissions from all additional components installed at a given process unit during any consecutive twelve month period do not exceed 10 lb/day, and that the components meet applicable requirements of Regulation 8 rules. 128.22 Fuel cells that use phosphoric acid, molten carbonate, proton exchange membrane, solid oxide or equivalent technologies. 128.23 Structure demolition that does not involve asbestos or asbestos containing materials.
(Adopted 10/19/83; Amended 7/16/86; 7/17/91; 6/7/95; 5/17/00; 11/15/00; 12/21/04)

2-1-129

Major Facility Review: Notwithstanding the exemptions listed in this section, every source exempted by this Rule shall be included in any application for a synthetic minor or major facility review permit required by Regulation 2, Rule 6.
(Adopted 12/3/93; Amended 2/1/95; 5/17/00)

2-1-200 2-1-201

DEFINITIONS Emission Reduction Credits: An emission reduction, calculated in accordance with Regulation 2-2-605, which exceeds the emission reductions required by measures in the Air Quality Management Plan or the Clean Air Plan approved by the BAAQMD or required by federal, state, or District laws, rules, and regulations. To qualify as an emission reduction credit the emission reduction must be in excess of the reductions achieved by the source using Reasonably Available Control Technology (RACT), and must also be real, permanent, quantifiable, and enforceable. 201.1 Unless calculated in accordance with the procedures of Regulation 2-2-605, that portion of an NSR emission cap, which was part of an APCO approved alternative baseline, shall not qualify as an emission reduction credit. 201.2 All emission reduction credits shall be enforceable by permit conditions in the authority to construct and permit to operate, except that in the case of source closures where no permit is required for the source being shut down, the emission reduction credit shall be enforceable through appropriate contractual provisions in a legally binding and irrevocable written agreement which provisions will be made expressly for the benefit of the District. The permanence of a closure shall be identified in a letter from the source and/or in a Banking Certificate.
(Amended 7/17/91; 6/15/94)

2-1-202

Complete Application: An application that contains the following: 202.1 Sufficient information for the APCO to determine the emissions from such new or modified source and to quantify emissions from the proposed source(s) of offsets or credits. 202.2 Any information requested by the APCO in order to determine the air quality impact of the application. 202.3 All applicable fees, as described in Regulation 3.

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202.5 202.6 202.7

The information required by Regulation 2-2-414 and 417 provided the application is subject to the PSD requirements of Regulations 2-2-304, 305, 306, or 308. CEQA-related information that satisfies the requirements of Section 2-1-426. A certification, stating whether the source triggers the requirements of Section 2-1-412. A specific designation of any information contained in the application which is asserted to be a trade secret pursuant to Section 6254.7 of the Government Code and not a public record. The applicant shall submit two copies of each page containing trade secret information. One copy shall be clearly labeled "Trade Secret," and each trade secret item shall be clearly marked. The second copy shall be clearly labeled "Public Copy," and each trade secret item shall be redacted. The applicant shall include, for each item which is asserted to be a trade secret, a statement signed by a responsible representative of the applicant identifying that portion of Government Code Section 6254.7 (d) upon which the assertion is based and a brief statement setting forth the basis for this assertion.
(Amended 7/17/91; 11/20/91; 5/17/00; 12/21/04)

2-1-203

Fugitive Emissions: Fugitive emissions are all emissions from unintended openings in process equipment, emissions occurring from miscellaneous activities relating to the operation of a facility, and those emissions which could not reasonably pass through a stack, chimney, vent or other functionally equivalent opening.
(Adopted October 19, 1983)

2-1-204

Major Facility: A major facility is any of the following: 204.1 Major Facility, MFR (Regulated Air Pollutants): A facility that has the potential to emit 100 tons per year or more of any regulated air pollutant except total supsended particulate. For fugitive emissions of regulated air pollutants, only the fugitive emissions from facility categories listed in 40 CFR 70.2 "Definitions - Major source (2)" shall be included in determining whether the facility is a major facility. Once any facility is determined to be a major facility, all fugitive emissions from the facility shall be included in calculating the facility's emissions. 204.2 Major Facility, MFR (Hazardous Air Pollutants): A facility that has the potential to emit 10 tons per year or more of a single hazardous air pollutant, 25 tons per year or more of a combination of hazardous air pollutants, or such lesser quantity as the EPA Administrator may establish by rule. All fugitive emissions of hazardous air pollutants are included in determining a facility's potential to emit. For radionuclides, the definition of a major facility shall be specified by the EPA Administrator by rule. 204.3 A facility with permit conditions that limit emissions to a level that is greater than the above thresholds is defined as a major facility.
(Amended 7/17/91; 11/3/93; 5/17/00)

2-1-205

National Ambient Air Quality Standards (NAAQS): Levels of air pollution that have been established by the Environmental Protection Agency. All references to NAAQS shall be interpreted to include state ambient air quality standards.
(Amended 10/7/81; 4/6/88)

2-1-206

2-1-207

Organic Compound: Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonate and methane. Organic Compound, Non-Precursor (NPOC): The following are considered nonprecursor organic compounds: methylene chloride; chloropentafluoroethane (CFC-115); 1,1,1trichloroethane; 1,1,1-trifluoro 2,2-dichloroethane (HFC-123); 2-chloro1,1,1,2-tetrafluoroethane (HCFC-124); trichlorofluoromethane(CFC-11); 1,1,2-trichloro 1,2,2-trifluoroethane (CFC-113); pentafluoroethane (HFC125); 1,1,2,2-tetrafluororoethane (HFC-134); 1,1,1,2-tetrafluorethane (HFC134a); dichlorodifluoromethane (CFC-12); 1,1-dichloro 1-fluoroethane (HFC141b); 1-chloro 1,1-difluoroethane (HCFC-142b); 1,1,1-trifluoroethane (HFC143a); 1,2-dichloro 1,1,2,2-tetrafluorethane (CFC-114); 1,1-difluoroethane July 19, 2006 2-1-15

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(CFC-152a); chlorodifluoromethane (HCFC-22); trifluoromethane (HFC-23), and perfluorocarbons which fall into these classes: (1) Cyclic, branched, or linear, completely fluorinated alkanes, (2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations, (3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations, and (4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. In addition, any compound designated as having a negligible contribution to photochemical reactivity by the U.S. Environmental Protection Agency as published in the Federal Register shall be considered a Non-Precursor Organic Compound.
(Amended 7/17/91; 6/15/94)

2-1-208 2-1-209

Organic Compound, Precursor: Any organic compound as defined in Regulation 1233 excepting the non-precursor organic compounds, defined in Section 2-1-207.
(Adopted 3/17/82; Amended 7/17/91)

Reasonably Available Control Technology (RACT): For sources that are to continue operating, RACT is the lowest emission limit that can be achieved by the specific source by the application of control technology taking into account technological feasibility and cost-effectiveness, and the specific design features or extent of necessary modifications to the source. For sources which are or will be shut-down, RACT is the lowest emission limit that can be achieved by the application of control technology to similar, but not necessarily identical categories of sources, taking into account technological feasibility and cost-effectiveness of the application of the control technology to the category of sources only and not to the shut-down source.
(Adopted 3/17/82, Amended 10/19/83; 12/21/04)

2-1-210 2-1-211 2-1-212 2-1-213

Start-Up Period: The period of time between initial operation and the issuance or denial of a permit to operate of a source or facility.
(Adopted October 19, 1983)

CEQA: The California Environmental Quality Act, Public Resources Code, Section 21000, et seq.
(Adopted July 17, 1991)

EIR: Environmental Impact Report, as defined in Public Resources Code Section 21000 et seq.
(Adopted 7/17/91; Amended 5/17/00)

Facility: Any property, building, structure or installation (or any aggregation of facilities) located on one or more contiguous or adjacent properties and under common ownership or control of the same person that emits or may emit any air pollutant and is considered a single major industrial grouping (identified by the first two-digits of the applicable code in The Standard Industrial Classification Manual). In addition, facilities that include cargo loading or unloading from cargo carriers other than motor vehicles shall include the cargo carriers as part of the source which receives or loads the cargo. Accordingly, all emissions from such carriers while operating in the District, or within California Coastal Waters adjacent to the District, shall be included as part of the source emissions.
(Adopted 11/3/93; Amended 12/21/04)

2-1-214

Federally Enforceable: All limitations and conditions which are enforceable by the Administrator of the U. S. EPA, including requirements developed pursuant to 40 CFR Parts 60 (NSPS), 61 (NESHAPS), 63 (HAP), 70 (State Operating Permit Programs) and 72 (Permits Regulation, Acid Rain), requirements contained in the State Implementation Plan (SIP) that are applicable to the District, any District permit requirements established pursuant to 40 CFR 52.21 (PSD) or District regulations approved pursuant to 40 CFR Part 51, Subpart I (NSR), and any operating permits issued under an EPA-approved program that is a part of the SIP and expressly requires adherence to any permit issued under such program.
(Adopted November 3, 1993)

2-1-215

Hazardous Air Pollutant (HAP): Any pollutant that is listed pursuant to Section 112(b) of the federal Clean Air Act.
(Adopted 11/3/93; Amended 5/17/00)

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Major Facility Review (MFR): Plantwide review of sources, emissions and regulatory requirements at facilities including, but not limited to, major facilities, phase II acid rain facilities, subject solid waste incinerator facilities, and designated facilities, which are potentially subject to the permitting requirements of Regulation 2, Rule 6, and Title V of the federal Clean Air Act.
(Adopted November 3, 1993)

2-1-217

Potential to Emit: The maximum capacity of a source or facility to emit a pollutant based on its physical and operational design. Any physical or operational limitation on the capacity of the source or facility 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 a part of its design only if the limitation, or the effect it would have on emissions, is enforceable by the District or EPA. A source or facility that exceeds an enforceable limitation is considered to have a potential to emit that is unconstrained by any such exceeded limit.
(Adopted 11/3/93; Amended 5/17/00)

2-1-218

Regulated Air Pollutant: The following air pollutants (as defined in Regulation 1) are regulated: 218.1 Nitrogen oxides and volatile organic compounds; 218.2 Any pollutant for which a national ambient air quality standard has been promulgated; 218.3 Any Class I or Class II ozone depleting substance subject to a standard promulgated under Title VI of the federal Clean Air Act; 218.4 Any pollutant that is subject to any standard promulgated under Section 111 of the federal Clean Air Act; and 218.5 Any pollutant that is subject to any standard promulgated under Section 112 of the federal Clean Air Act, except that a pollutant that is subject solely to Section 112(r) is not a regulated air pollutant.
(Adopted 11/3/93; Amended 5/17/00)

2-1-219

Synthetic Minor Operating Facility: A facility which by imposition of facilitywide federally enforceable permit conditions has its potential to emit limited to below the threshold levels for a major facility as defined by Sections 204.1 and 204.2 of this rule and in Section 212 of Regulation 2, Rule 6, and is not otherwise required to apply for a major facility review permit under Regulation 2, Rule 6.
(Adopted November 3, 1993)

2-1-220

Portable Equipment: This definition is provided exclusively for determining applicability of Section 2-1-413: Portable Equipment Operated Within the District. "Portable equipment" means any emission unit that, by itself or, in or on a piece of equipment, is portable, meaning designed to be and capable of being carried or moved from one location to another. Indications of portability include, but are not limited to, wheels, skids, carrying handles, dolly trailer, platform or mounting. A piece of equipment is portable, for purposes of obtaining a portable permit under Section 21-413, if all of the following are met: 220.1 The equipment will not remain at any single location for a period in excess of twelve consecutive months, following the date of initial operation. Any emission unit, such as back up or standby unit, which replaces an emission unit at that location and is intended to perform the same function as the unit being replaced, will be counted toward the time limitation. 220.2 The source (emission unit) remains or will remain at a location for no more than twelve months, following the date of initial operation, where such a period does not represent the full length of normal annual source operations, such as operations which are seasonal. 220.3 The equipment is not removed from, or stored at, one location for a period and then returned to the same location in an attempt to circumvent the portable equipment residence time requirement. 220.4 The equipment is not operated within 1000 feet of the outer boundary of any K-12 school site, unless the applicable notice requirements of Health and Safety Code Section 42301.6 have been met. 220.5 The operation complies with Regulation 2, Rule 5. 220.6 No air contaminant is released into the atmosphere in sufficient quantities as to cause a public nuisance per Regulation 1-301. July 19, 2006 2-1-17

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The operation of the portable equipment in the Air District shall emit no more than 10 tons per year of each pollutant, including POC, CO, NOx, PM10, NPOC or SO2. For PM10, fugitive particulate emissions from haul road traffic shall not be counted toward the annual limit. 220.8 The operation must be exempt from CEQA, or must be covered by a chapter in the District's Permit Handbook. 220.9 The equipment will not cause a Synthetic Minor Facility to exceed a federally enforceable emission limit. 220.10 If this equipment remains at any fixed location for more than twelve months, the portable permit will automatically revert to a conventional permanent location permit and will lose its portability. To obtain another portable permit for the equipment, the owner must re-permit the equipment for the next location of intended operations. Upon written request, the APCO may exclude reasonable storage periods before the date of initial operation and/or following the date of final operation from the twelve-month time limitation.
(Adopted 6/7/95; Amended 10/7/98; 6/15/05)

2-1-221 2-1-222

Source: Any article, machine, equipment, operation, contrivance or related groupings of such which may produce and/or emit air pollutants.
(Adopted June 7, 1995)

Toxic Air Contaminant (TAC): An air pollutant that may cause or contribute to an increase in mortality or in serious illness or that may pose a present or potential hazard to human health. For the purposes of this rule, TACs consist of the substances listed in Table 2-5-1 of Regulation 2, Rule 5.
(Adopted 6/7/95; Amended 5/17/00; 6/15/05)

2-1-223

Year: Unless otherwise specified by an operating rule of the District or by a permit condition, a year shall be defined by an applicant or permit holder as one of the following: 223.1 Any consecutive 12 month period; 223.2 Any consecutive 4 quarter period, where a quarter is 3 consecutive months; 223.3 Any consecutive 52 week period; 223.4 Any consecutive 365 day period; 223.5 Any company fiscal year, provided the fiscal year is 12 consecutive months; 223.6 Calendar year; 223.7 Any other mutually acceptable period. In the absence of a rule requirement, permit condition or other information to determine which yearly period applies, the District shall use Section 2-1-223.1.
(Adopted June 7, 1995)

2-1-224

Responsible Laboratory Management Practices: For the purposes of meeting the laboratory exemption of Section 2-1-113.2.12, Responsible Laboratory Management Practices include all of the following measures for minimizing the emissions of toxic air contaminants: 224.1 Open container procedures involving materials that contain volatile toxic air contaminants (TACs) shall be avoided where feasible. 224.2 Open container storage of volatile hazardous chemical wastes shall be avoided. 224.3 Training for laboratory employees handling hazardous materials shall include information about minimizing the emissions of volatile TACs. These employees shall be directed to avoid open container procedures involving volatile TACs where feasible, and to avoid open container storage of hazardous chemical waste. 224.4 Fume hoods shall be posted with notices reminding employees to avoid open container procedures using volatile TACs where feasible. Laboratories shall be inspected periodically, but not less than annually, to confirm that these notices are present. 224.5 Laboratory fume hoods shall be monitored periodically to assure proper face velocity. 224.6 Evaporation of any hazardous chemical waste containing TACs as a means of disposal shall be expressly forbidden.
(Adopted June 7, 1995)

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Health Risk Screening Analysis (HSRA): An analysis that estimates the increased likelihood of health risk for individuals in the affected population that may be exposed to emissions of one or more toxic air contaminants, determined in accordance with Regulation 2-5-603.
(Adopted 6/7/95; Amended 6/15/05)

2-1-226

Statewide Portable Equipment Registration Program: A uniform system for statewide registration and regulation of portable internal combustion and associated equipment, implemented by the Air Resources Board pursuant to Section 41750 et seq. of the Health and Safety Code.
(Adopted October 7, 1998)

2-1-227

Substantial Use: Substantial use of an Authority to Construct consists of one or more of the following: purchase or acquisition of the equipment that constitutes the source; ongoing construction activities other than grading or installation of utilities or foundations; a contract or commitment to complete construction of the source within two years.
(Adopted October 7, 1998)

2-1-228 2-1-229 2-1-230

Particulate Matter (PM): Any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 microns.
(Adopted October 7, 1998)

PM10: Particulate matter with aerodynamic diameter smaller than or equal to a nominal 10 microns.
(Adopted October 7, 1998)

Functionally Equivalent: Performing the same, or equivalent, function as the object of comparison. A functionally equivalent replacement source performs the same function for the process as the source being replaced, although emissions and other characteristics may differ. A replacement that performs additional functions is not considered to be functionally equivalent.
(Adopted October 7, 1998)

2-1-231

Semiconductor Fabrication Area: A physically identifiable area in a semiconductor manufacturing facility where one or more specific operations in the fabrication of semiconductors or related solid state devices occurs and the equipment used to perform those operations. The semiconductor fabrication area shall not include crystal growth, circuit separation, or encapsulation. All semiconductor fabrication equipment may be grouped into a single fabrication area, or multiple fabrication areas may be established to correspond to product lines or clean room environments.
(Adopted October 20, 1999)

2-1-232

New Source: Any source that meets at least one of the following criteria, except sources which lose a permit exemption or exclusion in accordance with Regulation 21-424, shall be considered a new source: 232.1 Any source constructed or proposed to be constructed after March 7, 1979 but which never had a valid District authority to construct or permit to operate. 232.2 Any source which was not in operation for a period of one year or more and did not hold a valid District permit to operate during this period of nonoperation, occurring after March 7, 1979. 232.3 Any relocation of an existing source to a non-contiguous property, except for a portable source. 232.4 Any replacement of a source, including an identical replacement of a source, occurring after March 7, 1979, regardless of when the original source was constructed. 232.5 Any replacement of an identifiable source within a group of sources permitted together under a single source number for the purpose of District permitting convenience. 232.6 "Rebricking" of a glass furnace where changes to the furnace design result in a change in heat generation or absorption.
(Adopted May 17, 2000)

2-1-233

Alter: To make any physical change to, or change in the method of operation of, a source which may affect emissions. Such changes require a permit to operate, and may requi