Frequently Asked Questions
FAQ for Rule 204 - Applications
* means that the question is taken out of Section
8 of the NSR Staff Report.
For more information or assistance, call the Engineering Division at (805)
961-8800, or e-mail us at engr@sbcapcd.org.
Q: Does Rule section 204.E.3.a.7, as modified at industry request,
always allow an alternative to both an emission cap and an emission
concentration limit?
A: The alternative BACT emission limit language was added to address the rare
case where the emission cap and operating capacity limits are not appropriate.
The intent is to follow USEPA guidance which requires that BACT emission limits
be met on a continual basis at all levels of operation, demonstrate protection
of short-term ambient standards and be enforceable as a practical matter.
Q: To what accuracy should my emission data be reported?
A: Emissions data must be reported to at least a decimal place beyond the
applicable standard or threshold. For example:
- NAR NOx BACT threshold: 25 lb/day
report emissions as: x.x lb/day
- PSD Lead BACT threshold: 3.28 lb/day
report emissions as: x.xxx lb/day
- NAR Offset threshold: 10 tons/yr
report emissions as: x.x tons/yr
- De Minimis threshold: 2.4 lb/day
report emissions as: x.xx lb/day
The APCD permits will list permitted emission levels in the reported formats.
Q: Are the reported emissions rounded upwards or downwards for
determining whether an applicable threshold has been triggered?
A: The reported emissions values are not rounded either way. For example:
- NAR NOx BACT threshold: 25 lb/day
reported emissions are: 24.7 lb/day => BACT not triggered
reported emissions are: 25.0 lb/day => BACT is triggered
reported emissions are: 25.4 lb/day => BACT is triggered
- NAR Offset threshold: 10 tons/yr
reported emissions are: 9.8 tons/yr => offsets not triggered
reported emissions are: 10.0 tons/yr => offsets are triggered
reported emissions are: 10.4 tons/yr => offsets are triggered
Q: Section E.1.f. requires an applicant seeking an exemption to supply
the APCD with enough information to determine whether the exemption applies.
Does this mean that in order to qualify for an exemption the owner/operator must
submit a written request to the APCD?
A: Section E.1.f pertains to information needed for an authority to construct
permit or a permit to operate. Such applications must list all affected
equipment, including exempt equipment. In order to determine whether or not a
piece of equipment is exempt, the APCD must have access to enough documentation
to confirm its exempt status at the time the permit application is being
evaluated. This is not the same as a written request for an exemption, and there
is no fee pursuant to 210.F.
Q: Section E.6 specifies data requirements for a health risk
assessment. Specify which sources and under which circumstances these provisions
would be triggered.
A: A health risk assessment may be required for sources of toxic pollutants,
based on factors such as proximity to sensitive receptors (schools, hospitals,
day-care centers), the potency and quantity of the toxic air pollutants emitted,
and the distance between the emissions unit and the facility boundary.
Currently, the APCD requires health risk assessments for contaminated soil
remediation projects because such projects emit benzene, are frequently located
in populated areas, and therefore pose a potential significant health risk. In
general, the APCD is concerned about proposed projects which may pose a
significant health risk due to emissions of toxic air contaminants and has
established permit information requirements to assure the APCD meets its
obligations under the Health and Safety Code (i.e., protect the public's
health). Excluding contaminated soil projects, the APCD has not established
explicit criteria for determining when a health risk assessment is required as
part of the permitting process. This does not, however, preclude the APCD from
performing health risk assessments for projects that, in the APCD's judgment,
may have significant adverse health effects. APCD staff have targeted Air Toxics
New Source Review as one rule change that may be warranted during the next year
to clarify the APCD's permitting requirements for toxic air contaminants.
Q: If my application requires offsets, but I do not know where I will
obtain them, can the application be deemed complete by the APCD anyway?
A: No. The applicant must provide, at a minimum, the information required in
Section E.5.
Q: For ATC or PTO applications that also include the listing of exempt
equipment, it is not clear if the applicant must also submit a separate
exemption request form (APCD-38) along with the application.
A: Exemption requests submitted with an ATC or PTO application are evaluated
as part of the ATC or PTO permit evaluation. The APCD will evaluate the
exemption and may note the exemption status in the Engineering Evaluation
accompanying the permit. A separate letter documenting approval of the exemption
is notissued. If a source needs such a letter from the APCD, then a specific
exemption request using the APCD-38 form, along with a fee as prescribed in Rule
210 - Schedule F, must be submitted along with the application for the ATC or
PTO.
Q: If a proposed new source needs emission reduction credits, do the
emission reduction credits have to be approved before the APCD can deem the
application for the construct for the source permit complete?
A: No. As indicated in section 204.E.5, the APCD must have information
necessary to determine the adequacy of the Emission Reduction Credits before it
can determine if the authority to construct permit is complete. At a minimum,
this means the APCD must deem the application for the Emission Reduction Credit
Complete before it can deem the Authority to Construct complete, and the
application for the Emission Reduction Credits must be approved before the
Authority to Construct is approved.
For more information or assistance, call the Engineering Division at (805)
961-8800, or e-mail us at
engr@sbcapcd.org.
ear if the applicant must also submit a separate exemption request form
(APCD-38) along with the application.
A: Exemption requests submitted with an ATC or PTO application are evaluated
as part of the ATC or PTO permit evaluation. The APCD will evaluate the
exemption and may note the exemption status in the Engineering Evaluation
accompanying the permit. A separate letter documenting approval of the exemption
is notissued. If a source needs such a letter from the APCD, then a specific
exemption request using the APCD-38 form, along with a fee as prescribed in Rule
210 - Schedule F, must be submitted along with the application for the ATC or
PTO.
Q: If a proposed new source needs emission reduction credits, do the
emission reduction credits have to be approved before the APCD can deem the
application for the construct for the source permit complete?
A: No. As indicated in section 204.E.5, the APCD must have information
necessary to determine the adequacy of the Emission Reduction Credits before it
can determine if the authority to construct permit is complete. At a minimum,
this means the APCD must deem the application for the Emission Reduction Credit
Complete before it can deem the Authority to Construct complete, and the
application for the Emission Reduction Credits must be approved before the
Authority to Construct is approved.
For more information or assistance, call the Engineering Division at (805)
961-8800, or e-mail us at
engr@sbcapcd.org.s
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