Extended to December 31, 2001
WHEREAS, District Rule 118 authorizes the Executive Officer to suspend all or part of any District rule for emergency activities in up to 10-day increments during a state of emergency declared by the Governor; and
WHEREAS, on January 17, 2001, the Governor proclaimed a State of Emergency resulting from the imminent threat of widespread and prolonged disruption of electrical power; and
WHEREAS, the Governor’s proclamation declared that a condition of extreme peril to the safety of persons and property within the state exists by virtue of the threat of disruption of electrical power, particularly disruption of power to emergency services, law enforcement, schools, and hospitals; and
WHEREAS, continued availability of electric power from facilities in the South Coast Air Quality Management District is necessary to assure adequate power supplies to protect the safety of persons and property within the State of California; and
WHEREAS, certain power-producing facilities within the District are subject to Rule 1135, which imposes daily and annual caps on NOx emissions; and
WHEREAS, certain power producing facilities may not be able to maintain ongoing compliance with Rule 1135 caps if they provide power as requested by the California Independent Systems Operator or the State of California; and
WHEREAS, NOx emissions in excess of those provided for under Rule 1135 can result in significant amounts of excess air pollution that adversely affects public health; and
WHEREAS, in order to protect public health from the adverse effects of air pollution resulting from operation of power facilities and to mitigate such emissions, it is necessary to impose reasonable conditions on such operations; and
WHEREAS, under the provisions of Rule 118(d)(1), I hereby determine and declare that strict compliance with District Rule 1135 by power producing facilities with a capacity to produce 50 MW or more would delay or prevent critical actions necessary for emergency power generation;
NOW, THEREFORE, pursuant to the authority vested in me pursuant to District Rule 118 (d)(1), I hereby suspend District Rule 1135 only to the extent that emissions occurring during the period this Order is in effect shall not be counted toward the daily or annual caps provided in Rule 1135(c)(2) for power producing facilities having the capacity to produce 50 MW or more, provided that:
- The facility operator shall not operate any equipment with existing air pollution controls unless such controls are in full use and operation.
- The facility operator is a party to a petition for order of abatement before the District Hearing Board which requires the expeditious installation of controls;
- The facility operator complies with all terms and conditions of any abatement order ultimately approved by the District Hearing Board;
- The facility operates units not equipped with best available control technology or best available retrofit control technology which results in emissions exceeding otherwise applicable Rule 1135 limits only upon the request of the California Independent Systems Operator or the State of California;
- The facility sells power generated when it is subject to the provisions of this order only within the State of California;
- The facility maintains records demonstrating compliance with the terms of this Order and submits such records to the Executive Officer upon request; and
- The facility agrees to provide the District with written notification 24 hours prior to generating excess emissions subject to the application of this Order.
This Order expires on March 30, 2001, at noon, or when the State of Emergency declared by the Governor on January 17, 2001, ceases to exist, whichever is earlier.
Executed at Diamond Bar, California, on March 20, 2001.
Barry R. Wallerstein, D.Env.