Notice of Public Workshop
Proposed Amended Rule 1301 – General
Proposed Amended Rule 1302 – Definitions
Proposed Amended Rule 1303 – Requirements
Proposed Amended Rule 1701– General
Proposed Amended Rule 1702 – Definitions
Proposed Amended Rule 1703 – PSD Analysis

Purpose of the Meeting

The South Coast Air Quality Management District (AQMD) has scheduled a public workshop to solicit information and suggestions from the public on Proposed Amended Rule 1301 – General; Proposed Amended Rule 1302 – Definitions; Proposed Amended Rule 1303 – Requirements; Proposed Amended Rule 1701 – General; Proposed Amended Rule 1702 – Definitions; and Proposed Amended Rule 1703 – PSD Analysis.

The proposed amendments will be considered for adoption by the AQMD Governing Board at a public hearing tentatively scheduled for September 5, 2008. 

Air Quality Objective

The air quality objective of the proposed amendments are to be health protective and maintain the air quality for those air contaminants that are designated attainment or unclassified for the state or federal ambient air quality standards, specifically by harmonizing requirements for attainment and non-attainment pollutants.

Background

When originally adopted by the Governing Board in 1988, Regulation XVII (Prevention of Significant Deterioration – PSD), required BACT for a net emission increase of any attainment air contaminant.  Subsequent amendments in 1998 and 1999 affirmed the BACT requirement.  At the time of adoption, the definition of and calculation procedure to determine BACT mirrored the provisions of Regulation XIII (New Source Review – NSR). 

Subsequent amendments have revised both the definition of and calculation procedure to determine BACT in NSR.  The changes to the definition included separating BACT into minor and major source; and amending the BACT analysis to consider categories or classes of sources rather than a case-by-case approach.  The calculation procedure to determine if BACT is triggered was also changed.  Previously the procedure looked at past actual emissions and compared them to future potential emissions.  Now, the calculation procedure looks at past potential (or permitted) emissions to future potential to emit (permitted emissions).  None of these changes were reflected in PSD.  A disconnect therefore developed between the BACT requirement in these two regulations.  The difference in BACT was a moot point as the District was non-attainment for all criteria pollutants and NSR permitting was required. 

When the District was re-designated as attainment for CO on May 11, 2007, all permitting for all sources, including minor sources, was required to be reviewed under Regulation XVII (PSD) to determine if there was a net emission increase of CO subject to PSD BACT.  Because of the potential discrepancy between PSD and NSR BACT, staff is proposing to harmonize the BACT requirement for both attainment and non-attainment pollutants and place that requirement into Regulation XIII.

Additionally, Rule 1303(b)(4) includes language explaining that compliance with Regulation XIII does not preclude a facility from complying with all other applicable District Rules and Regulations.  Staff is proposing language clarifying past practice that permits may be issued in accordance with Regulation XIII provided the facility is in compliance with or on an approved schedule for compliance with all applicable District Rules and Regulations.

Proposed Amendments

The proposed amendments harmonize the BACT requirements for attainment and non-attainment pollutants at major and non-major sources.  BACT would be required for both attainment and non-attainment pollutants under NSR.  The purpose and applicability of NSR would be revised to include attainment air contaminants.  The proposed amendments also clarify that new source review permits can be issued to facilities that are in compliance or on an approved schedule for compliance with all District Rules and Regulations.

California Environmental Quality Act

Pursuant to State California Environmental Quality Act (CEQA) Guidelines, the AQMD is the Lead Agency and will prepare the appropriate CEQA document to address the potential environmental impacts from implementing the proposed amendments to Rule 1301 – General; Rule 1302 – Definitions; Rule 1303 – Requirements; Rule 1701 – General; Rule 1702 – Definitions; and Rule 1703 – PSD Analysis.  The document will be circulated to the public for review and comment and will be available online, at the SCAQMD’s Public Information Center, or by contacting the SCAQMD staff via phone, fax or e-mail.  Comments on the CEQA document will be responded to and included in the final CEQA document. 

Supporting Documents

Copies of the proposed amendments to Rule 1301 – General; Rule 1302 – Definitions; Rule 1303 – Requirements; Rule 1701 – General; Rule 1702 – Definitions; and Rule 1703 – PSD Analysis and the Preliminary Draft Staff Report are available at the AQMD website at http://www.aqmd.gov/rules/proposed.html  and may be obtained from:

Submission of Documents or Comments

Comments, suggestions, documents, studies and reports relevant to the proposed amendments to Rule 1301 – General; Rule 1302 – Definitions; Rule 1303 – Requirements; Rule 1701 – General; Rule 1702 – Definitions; and Rule 1703 – PSD Analysis should be submitted by July 29, 2008 and questions regarding the proposals can be directed to Shams Hasan at (909) 396-2338, by E-mail to shasan@aqmd.gov or by mail to:

Questions regarding the CEQA analysis of these proposals should be directed to: