The Monterey Bay Air Resources District (MBARD) is proposing significant modifications to Rule 207, and basic changes to Rule 201, 1000 and 1003.  Rule 201 (Sources Not Requiring Permits) is undergoing updates to clarify that internal combustion engines rated between 25 to 50 bhp are required to obtain a district permit and increased the exemption limit for cooling towers from 5,000 to 10,000 gallons per minute.

MBARD is proposing to:

  1. Significantly update Rule 207 (Review of New or Modified Sources) in order to eliminate using the Net Emissions Increase (NEI) calculation methodology to determine emission offset requirements for new sources.  The district will only be concerned with the Potential to Emit (PTE) of new sources minus PTE of old sources calculation methodology for all affected pollutants under Rule 207. In addition, emissions offset and BACT thresholds for NOx and VOC are being lowered. BACT thresholds for new or modified permit units will be lowered from 150 lbs/day to 25 lbs/day.  Emission offset thresholds for facilities will be lowered form 150 lbs/day to 137 lbs/day.
  2. Update Rules 1000 (Permit Guidelines and Requirements for Sources Emitting Toxic Air Contaminants) and Rule 1003 (Air Toxics Emissions Inventory and Risk Assessments) to incorporate the new Office of Environmental Health Hazard Assessment (OEHHA) risk assessment guidelines and calculation methodologies.  Under Rule 1003, facilities will be required to prepare health risk assessments.
  3. Create Rule 220 (Federal Minor New Source Review) and relocate portions of Rule 207 to create Rule 221 (Federal Prevention of Significant Deterioration).  Rule 220 was developed using Santa Barbara APCD's Federal Minor New Source Review as a basis.  Rule 221 incorporates 40 CFR 52.21 federal PSD regulations by reference and uses language taken from the current Rule 207.  MBARD will ultimately submit these Rules to US EPA for State Implementation Plan review purposes in lieu of submitting Rule 207 for review.

For more information about the details and impact of these changes, please contact our office at (949) 567-9880 or click here for the district rules assessment.