FEATHER RIVER AQMD 10.1 - 1

RULE 10.1 - NEW SOURCE REVIEW

A. PURPOSE (Adopted 2/8/93; Amended 9/13/93, Sec. A.2 effective 11/20/01; Amended 4/11/94, Sec.A.2 

effective 4/11/94; Amended 6/7/04; Amended 10/05/09)

The purpose of this Rule is:

A.1 To establish preconstruction review requirements 

including offsets, Best Available Control Technology, 

all other applicable District Rules and Regulations and

analysis of air quality impacts for new and modified 

stationary sources and to insure that the operation of 

such sources does not interfere with the attainment or 

maintenance of ambient air quality standards. 

A.2 To provide for no net increase in emissions pursuant to 

Section 40918 and 40920 of the California Health and 

Safety Code.

B. APPLICABILITY (Adopted 2/8/93; Amended 10/05/09)

This Rule shall apply to all new and modified 

stationary sources which are subject to District permit

requirements and which, after construction, emit or may

emit any affected pollutants. The Regulations in 

effect at the time any application for an Authority to 

Construct is deemed complete shall apply, except when a

new federal requirement not yet incorporated into this 

Rule applies to the new or modified source.

C. EFFECTIVE DATE (Adopted 2/8/93)

This Rule shall become effective upon the date of adoption.

D. DEFINITIONS (Adopted 2/8/93; Amended 9/13/93; Amended 4/11/94; Amended 6/7/04; Amended

10/05/09)

For the purpose of this Rule, the definitions below shall 

apply:

D.1 Actual Emissions: Means the actual rate of emissions 

measured or estimated which most accurately represent 

the emissions from an emissions unit.

D.2 Actual Emission Reductions: A reduction in actual 

emissions from an emissions unit.

D.3 Affected Pollutant: An air pollutant for which an 

ambient air quality standard has been established by 

the U.S. Environmental Protection Agency (EPA) or the 

California Air Resources Board (ARB), the precursors to
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such pollutants, and each pollutant listed under 

Section E.1 of this Rule.

D.4 Ambient Air Quality Standards: Ambient air quality 

standards shall be interpreted to include state and 

federal ambient air quality standards. For the 

purposes of applicability of this Rule to the State 

Implementation Plan (SIP), all references to ambient 

air quality standards shall be interpreted as National 

Ambient Air Quality Standards.

D.5 Best Available Control Technology (BACT): For any 

emissions unit, the more stringent of:

a. The most effective emission control device, 

emission limit, or technology which has been 

required or used for the type of equipment 

comprising such emissions unit unless the 

applicant demonstrates to the satisfaction of the 

District that such limitations are not achievable;

or

b. Any other emission control device or technique, 

alternative basic equipment or different fuel or 

process, determined by the District to be 

technologically feasible and cost-effective and 

which provides an equivalent level of control.

Under no circumstances shall Best Available Control 

Technology be determined to be less stringent than the 

emission control required by any applicable provision 

of District, state, or federal laws or regulations, 

unless the applicant demonstrates to the satisfaction 

of the APCO that such limitations are not achievable.

D.6 Complete Application: An application that contains all 

information required by the District to adequately 

evaluate the nature and extent of potential emissions 

from a proposed new or modified facility or emissions 

unit. Completeness shall be evaluated on the basis of 

a list of required information as approved by the 

District pursuant to Article 3, Sections 65940 through 

65944 of Chapter 4.5 of Division 1 of Title 7 of the 

Government Code.

D.7 Contiguous Property: Two or more parcels of land with a 

common boundary or separated solely by a public or 

private roadway or other public right-of-way.

D.8 Control Efficiency: The percentage of pollutants vented 

to an add-on control device that are not then emitted 

or released to the atmosphere. Emission reductions 

attributed to lowering throughput rates or operating 

hours shall not be considered in determining control 

efficiency. 

D.9 Cost-Effective: A cost per pound of emission reduction 

which is deemed to be acceptable and feasible, on a 

pollutant and emissions unit basis, by the APCO.
FEATHER RIVER AQMD 10.1 - 3

D.10 Daily Emissions Limitation: One or more permit 

conditions specific to an emissions unit which 

restricts its maximum daily emissions in pounds per 

day, at or below the emissions associated with the 

maximum design capacity.

D.11 Day: A calendar day unless otherwise indicated.

D.12 Emission Reduction Credits (ERCs): Reductions of actual 

emissions certified in accordance with the requirements

of this rule and the District's Banking Rules. 

D.13 Emissions Unit: An identifiable operation or piece of 

process equipment such as an article, machine, or other

contrivance which emits, may emit, or results in the 

emission of any affected pollutant directly or as 

fugitive emissions. Emissions unit shall not include 

open burning of agricultural biomass.

D.14 Enforceable: Capable of being enforced by the District 

and EPA, including through either the SIP or inclusion 

of conditions on an Authority to Construct, Permit to 

Operate, Determination of Compliance or Emission 

Reduction Credit (ERC) Certificate. For emission 

reduction credits not required to meet a federal offset

requirement, a legally binding written contract may be 

executed with the District.

D.15 Fluorides: Elemental fluorine and all fluoride 

compounds.

D.16 Fugitive Emissions: Those emissions which can not 

reasonably pass through a stack, chimney, vent or other

functionally equivalent opening.

D.17 Historic Actual Emissions: Actual emissions from an 

existing emissions unit averaged over the two year 

period immediately preceding the date of application. 

If the last two years are unrepresentative of normal 

operations as determined by the Air Pollution Control 

Officer, then a consecutive two year period during the 

last five years which is representative of normal 

operations may be used. If, at any time during the 

specified period, actual emissions exceeded allowed 

emission levels, then actual emissions shall be reduced

to reflect emission levels that would have occurred if 

in compliance with all applicable limitations and 

rules. Where an emissions unit has been in operation 

for less than two years, or if a seasonal source, a 

shorter averaging period of at least one year may be 

used, providing it represents the full operational 

history of the emissions unit. If less than one year 

has passed since the date of issuance of the permit to 

operate, then historic actual emissions shall be zero. 
FEATHER RIVER AQMD 10.1 - 4

D.18 Historic Potential Emissions: The allowable potential 

to emit of an existing emissions unit prior to 

modification. For a new emissions unit, historic 

potential emissions are equal to zero.

D.19 Impact Analysis: An air quality modeling analysis used 

to estimate the maximum ground level concentration of 

any pollutant subject to this Rule.

D.20 Major Stationary Source: Any stationary source of air 

pollutants that emits, or has the potential to emit, 

a. 100 tons per year or more of any affected 

pollutant, or

b. 25 tons per year or more of nitrogen oxides or 

reactive organic gases if located in the SFNA.

The fugitive emissions of a stationary source shall not

be included in determining for any of the purposes of 

this paragraph whether it is a major stationary source,

unless the source belongs to one of the categories of 

stationary sources included in 40 CFR 

51.165(a)(1)(iv)(C).

D.21 Major Modification: A modification as defined in 

section D.22 to a major stationary source which results

in a net increase in the potential to emit of the 

pollutant for which the source is classified as a major

source, equal to or exceeding any of the following 

thresholds:

a. For the SFNA portion of the FRAQMD, 25 tons/year 

of nitrogen oxides or reactive organic gases

aggregated with all other increases in potential 

to emit of the same pollutant over a five 

consecutive year period before the application for

modification, including the calendar year of the 

most recent application.

D.22 Modification: Any physical change or operational change 

to an existing emissions unit, including a change in 

hours of operation or production rate which would 

necessitate a change in permit conditions. A 

modification to a stationary source shall include any 

modification of its permitted emissions units or 

addition of any new emissions unit. A modification 

also occurs when there is an increase of emissions from

an emissions unit which is not subject to a daily 

emissions limitation. A reconstructed stationary 

source shall be treated as a new stationary source and 

not as a modification.

The following shall not be considered a modification:

a. Routine maintenance or repair.

b. A change in ownership.

c. Replacement of an existing emissions unit, part of 

an emissions unit, or emissions control device 

with an identical (the same in all respects except
FEATHER RIVER AQMD 10.1 - 5

for the serial number) piece of equipment 

resulting in emissions less than or equal to those

from the original equipment or device and not 

requiring a change in permit conditions.

D.23 Net Air Quality Benefit: A net improvement in air 

quality resulting from actual emission reductions 

impacting the same general area affected by the new or 

modified source.

D.24 Nonattainment Pollutant: Any pollutant, as well as any 

precursors of such pollutant, which has been designated

nonattainment by the EPA in 40 CFR 81.305, or which has

been designated nonattainment by the ARB pursuant to 

Section 39607, CH & S Code.

D.25 Non-permitted Emissions: Those emissions of an air 

pollutant into open air from emission sources that are 

not required to have air pollution permits. Nonpermitted emissions may include emissions from 

agricultural burning, mobile sources, exempt emission 

units and sources that were never required to be 

permitted under the District's New Source Review Rule.

D.26 North FRAQMD: That area of the Feather River Air 

Quality Management District which is north of a line 

connecting the northern border of Yolo County to the 

Southwestern tip of Yuba County, and continuing along 

the Southern Yuba County border to Placer County (see 

figure 1).

D.27 Offset: An emission reduction that compensates for an 

emission increase of an affected pollutant from a new 

or modified stationary source subject to the 

requirements of Section E.2.

D.28 PM10: Particulate matter with aerodynamic diameter 

smaller than or equal to a nominal 10 microns.

D.29 Permanent: Actual emission reductions that occur for 

the life of the project. Except for open burning 

biomass ERCs, when ERCs are used as offsets, emission 

reductions must last the life of the new or modified 

source emission increases for which they are used.

D.30 Potential to Emit: The maximum daily and annual 

capacity of an emission unit to emit a pollutant under 

its physical and operational design. Any physical or 

operational limitation on the daily and/or annual 

capacity of the unit to emit a pollutant, including 

pollution control equipment and restrictions in hours 

of operation, or on the type or amount of material 

combusted, stored or processed, shall be treated as 

part of its design only if the limitation, or the 

effect it would have on emissions is incorporated into 

the applicable permit as a legally and practically 

enforceable permit condition.
FEATHER RIVER AQMD 10.1 - 6

D.31 Precursor: A directly emitted pollutant that, when 

released to the atmosphere, forms or contributes to the

formation of a secondary air pollutant for which an 

ambient air quality standard has been adopted. The 

following precursor relationships shall be used:

PRECURSOR SECONDARY AIR POLLUTANT

Reactive Organic 

Gases

a. Photochemical oxidants (Ozone)

b. The organic fraction of PM10

Nitrogen Oxides a. Nitrogen dioxide 

b. The nitrate fraction of PM10.

c. Photochemical oxidants (Ozone)

Sulfur Oxides a. Sulfur dioxide

b. Sulfates

c. The sulfate fraction of PM10

D.32 Proposed Emissions: The potential to emit for a new or 

post-modification emissions unit or daily and annual 

emission rates specified in an application which will 

be incorporated into the permit as legally and 

practically enforceable permit conditions.

D.33 Quantifiable: Emission reductions that can be reliably 

and replicably measured. Quantification may be based 

on emission factors, stack tests, monitored values, 

operating rates and averaging times, process or 

production inputs, modeling, or other reasonable and 

measurable practices.

D.34 Reactive Organic Gases: Any compound of carbon, 

excluding carbon monoxide, carbon dioxide, carbonic 

acid, metallic carbides or carbonates, and ammonium 

carbonate, and excluding the following:

a. methane;

b. methylene chloride (dichloromethane);

c. 1,1,1-trichloroethane (methyl chloroform);

d. 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

e. trichlorofluoromethane (CFC-11);

f. dichlorodifluoromethane (CFC-12);

chlorodifluoromethane (HCFC-22);

g. trifluoromethane (HFC-23);

h. 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);

i. chloropentafluoroethane (CFC-115);

j. 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);

k. 1,1,1,2-tetrafluoroethane (HFC-134a);

l. 1,1-dichloro 1-fluoroethane (HCFC-141b);

m. 1-chloro 1,1-difluoroethane (HCFC-142b);

n. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

o. pentafluoroethane (HFC-125);

p. 1,1,2,2-tetrafluoroethane (HFC-134);

q. 1,1,1-trifluoroethane (HFC-143a);
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r. 1,1-difluoroethane (HFC-152a);

s. cyclic, branched, or linear completely methylated 

siloxanes;

t. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC225ca);

u. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC225cb);

v. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-

10mee);

w. difluoromethane (HFC-32);

x. ethylfluoride (HFC-161);

y. 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

z. 1,1,2,2,3-pentafluoropropane (HFC-245ca);

aa. 1,1,2,3,3-pentafluoropropane (HFC-245ea);

bb. 1,1,1,2,3-pentafluoropropane (HFC-245eb);

cc. 1,1,1,3,3-pentafluoropropane (HFC-245fa);

dd. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

ee. 1,1,1,3,3-pentafluorobutane (HFC-365mfc);

ff. chlorofluoromethane (HCFC-31);

gg. 1-chloro-1-fluoroethane (HCFC-151a);

hh. 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

ii. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane 

(C4F9OCH3 or HFE-7100);

jj. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3)2CFCF2OCH3);

kk. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 

(C4F9OC2H5 or HFE-7200);

ll. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3)2CFCF2OC2H5);

mm. 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3 or HFE-7000);

nn. 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-

(trifluoromethyl) hexane (HFE-7500);

oo. 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea),

pp. methyl formate (HCOOCH3);

qq. 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-

trifluoromethyl-pentane (HFE-7300);

rr. dimethyl carbonate;

ss. propylene carbonate;

tt. perfluorocarbon compounds 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; and
FEATHER RIVER AQMD 10.1 - 8

uu. the following low-reactive organic compounds which 

have been exempted by the U.S. EPA:

1. acetone;

2. ethane;

3. methyl acetate;

4. perchloroethylene (tetrachloroethylene); and

5. parachlorobenzotrifluoride (1-chloro-4-

trifluoromethyl benzene);

D.35 Real: A real emission reduction means that actual air 

emissions are reduced.

D.36 Reconstructed Source: Any stationary source undergoing 

physical modification where the fixed capital cost of 

the new components exceeds fifty (50) percent of the 

fixed capital cost of a comparable entirely new 

stationary source. Fixed capital cost means the 

capital needed to provide all the depreciable 

components.

D.37 Reduced Sulfur Compounds: The sulfur compounds hydrogen 

sulfide, carbon disulfide, and carbonyl sulfide.

D.38 Sacramento Federal Non-Attainment Area for Ozone 

(SFNA): The area defined in 40CFR Section 81.305 for 

the Sacramento Metro Area.

D.39 Seasonal Source: Any source with more than seventy-five 

percent (75%) of its annual emissions within a 

consecutive 120 day period.

D.40 Shutdown: Either the earlier of the permanent cessation 

of emissions from an emitting unit or the surrender of 

that unit's operating permit.

D.41 Stationary Source: Any building, structure, or facility 

which emits or may emit any affected pollutant directly

or as a fugitive emission.

Building, structure, or facility means all pollutant 

emitting activities, including emissions units which:

a. Are under the same or common ownership, operation, 

or control, or which are owned or operated by 

entities which are under common control and belong

to the same industrial grouping, either by virtue 

of falling within the same two-digit Standard 

Industrial Classification (SIC) Code, or by virtue

of being part of a common industrial process, 

manufacturing process, or connected process 

involving a common raw material; and

b. Are located on one or more contiguous or adjacent 

properties. On a case-by-case basis, offsite 

support facilities may be included when reviewing 

major stationary source applicability.

c. For purposes of Rule 10.2 open biomass burning 

will be considered a source and such activity 

requires an annual burning permit. 
FEATHER RIVER AQMD 10.1 - 9

D.42 South FRAQMD: That area of the Feather River Air 

Quality Management District which is south of a line 

connecting the northern border of Yolo County to the 

southwestern tip of Yuba County, and continuing along 

the southern Yuba County border to Placer County (see 

figure 1). 

D.43 Surplus: The amount of emission reductions that are, 

at the time of generation of an ERC, not otherwise 

required by federal, state, or local law, not required 

by any legal settlement or consent decree, and not 

relied upon to meet any requirement related to the 

California State Implementation Plan (SIP). Examples 

of federal, state, and local laws, and of SIP-related 

requirements, include, but are not limited to, the 

following:

a. The federally-approved California SIP;

b. other adopted State air quality laws and 

regulations not in the SIP, including but not 

limited to, any requirement, regulation, or 

measure that: (1) the District or the State has 

included on a legally-required and publiclyavailable list of measures that are scheduled for 

adoption by the District or the State in the 

future; or (2) is the subject of a public notice 

distributed by the District or the State regarding

an intent to adopt such revision;

c. any other source- or source-category specific 

regulatory or permitting requirement, including, 

but not limited to, Reasonable Available Control 

Technology (RACT), New Source Performance 

Standards (NSPS), National Emission Standards for 

Hazardous Air Pollutants (NESHAP), Best Available 

Control Measures (BACM), Best Available Control 

Technology (BACT), and the Lowest Achievable 

Emission Rate (LAER); and

d. any regulation or supporting documentation that is 

required by the federal Clean Air Act but is not 

contained or referenced in 40 C.F.R. Part 52, 

including but not limited to: assumptions used in 

attainment and maintenance demonstrations 

(including Reasonable Further Progress 

demonstrations and milestone demonstrations), 

including any proposed control measure identified 

as potentially contributing to an enforceable 

near-term emissions reduction commitment; 

assumptions used in conformity demonstrations; and

assumptions used in emissions inventories.

D.44 Total Reduced Sulfur Compounds: The sulfur compounds 

hydrogen sulfide, methyl mercaptan, dimethyl sulfide 

and dimethyl disulfide.
FEATHER RIVER AQMD 10.1 - 10

D.45 Volatile Organic Compound(VOC): shall have the same 

meaning as reactive organic gases.

E. REQUIREMENTS (Adopted 2/8/93; Amended Sec. E.1 9/13/93, Sec. E.1, E.2.a, & E.2.b additional 

amendments effective 11/20/01; Amended 3/22/99; Amended 6/7/04; Amended 10/05/09)

Any stationary source subject to this Rule shall be subject 

to the following requirements:

E.1 Best Available Control Technology (BACT): For each new 

or modified stationary source, the emission increases 

and the post-project potential to emit for a project, 

as determined pursuant to Section F of this Rule, shall

be used to determine BACT applicability, as follows:

a. For sources emitting reactive organic gases or

nitrogen oxides, and located in the SFNA portion 

of the FRAQMD, BACT shall apply to all emission 

units located at a new major source or to the 

modification of an existing emission unit that 

results in a major modification.

b. For sources emitting reactive organic gases or 

nitrogen oxides, and located in the SFNA portion 

of the FRAQMD, BACT shall apply to a new or 

modified emission unit which results in an 

emission increase, if the potential to emit of the

emission unit equals or exceeds 10.0 pounds per 

day.

c. For sources emitting reactive organic gases or

nitrogen oxides, and located in the non-SFNA 

portion of the FRAQMD, BACT shall apply to a new 

or modified emission unit which results in an 

emission increase, if the potential to emit of the

emission unit equals or exceeds 25.0 pounds per 

day.

d. For sources emitting an affected pollutant other 

than reactive organic gases or nitrogen oxides,

and located in any portion of the FRAQMD, BACT 

shall apply to a new or modified emission unit 

that results in an emissions increase and the 

potential to emit of the emission unit equals or 

exceeds the thresholds listed in Table 1:

Table 1: BACT thresholds

Pollutant Pounds/Day

Particulate matter (PM10) 80.0

Sulfur oxides 80.0

Carbon monoxide 500.0

Lead 3.2

Asbestos 0.03

Beryllium 0.002

Mercury 0.5
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Table 1: BACT thresholds

Pollutant Pounds/Day

Vinyl chloride 5.0

Fluorides 15.0

Sulfuric acid mist 35.0

Hydrogen sulfide 50.0

Total reduced sulfur 

compounds 50.0

Reduced sulfur compounds 50.0

E.2 Offsets: 

a. For each new or modified stationary source, the 

emission increases and the post-project potential 

to emit for a project, as determined pursuant to 

Section F of this Rule, shall be offset as 

follows:

1. For a project located in the SFNA which has 

an emission increase of reactive organic 

gases or nitrogen oxides at a rate that 

constitutes a new major source or a major 

modification, shall offset the entire 

emission increase from the project.

2. For a project located in the SFNA which has a 

potential to emit reactive organic gases or 

nitrogen oxides at a rate of 10 tons per year 

(tpy) or more, all emission increases above 

10 tpy shall be offset.

3. For a project located in the non-SFNA which 

has a potential to emit reactive organic 

gases or nitrogen oxides at a rate of 25 tpy 

or more, all emission increases above 25 tpy

shall be offset.

4. For a project located anywhere in the 

District which has a potential to emit PM10

or a PM10 precursor at a rate of 25 tpy or 

more, all emission increases above 25 tpy

shall be offset.

b. All offsets shall be real, surplus, enforceable, 

quantifiable and permanent.

c. Offsets shall be provided on a quarterly basis, in 

proportion to projected quarterly emission rates.

d. All offsets shall commence not later than the 

initial operation of the new or modified source, 

and the offsets shall be maintained throughout the

operation of the new or modified source which is 

the beneficiary of the offsets. 

e. Location of Offsets and Offset Ratios:

1. The applicable offset ratio shall be 

determined based on the location of the new 

or modified stationary source required to 
FEATHER RIVER AQMD 10.1 - 12

obtain offsets and the distance to the 

location of the emission offsets, as 

indicated in the following tables.

Table 2: For projects required to obtain 

offsets pursuant to E.2.a.1 and E.2.a.2.

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.3:1

Within 15-mile radius and within 

the SFNA 1.3:1

Greater than 15-mile radius, but 

within 50-mile radius and within 

the SFNA

1.5:1

More than 50-mile radius and 

within SFNA 2.0:1

Table 3: For projects required to obtain 

offsets pursuant to E.2.a.3 

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.15:1

Within 20-mile radius 1.2:1

Greater than 20-mile radius, but 

within 50-mile radius 1.5:1

More than 50-mile radius 2.0:1

Table 4: For projects required to obtain 

offsets pursuant to E.2.a.4. 

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.0:1

Within 15-mile radius and within 

the SFNA 1.2:1

Greater than 15-mile radius, but 

within 50-mile radius and within 

the SFNA

1.5:1

More than 50-mile radius and 

within SFNA 2.0:1
FEATHER RIVER AQMD 10.1 - 13

2. Offsets which are not on-site must result in 

a net air quality benefit, as determined by 

the APCO.

3. Offsets which are obtained from a source 

located in another Air District may be used 

only if the provisions of CH & S Code Section

40709.6 are met and the involved Air 

Districts enter into an agreement formalized 

by a memorandum of understanding.

4. Offsets which are used for Federal

requirements in the SFNA and are obtained 

from a source located in another Air District

within the SFNA may be used only if the 

provisions of section E.2.c.3 above are met 

and EPA approval is obtained.

f. Interpollutant Offsets: The APCO may approve the 

substitution of one air contaminant for another 

air contaminant to meet the requirement for 

offsetting an emission increase on a case-by-case 

basis, provided that the applicant demonstrates to

the satisfaction of the APCO, through the use of 

an impact analysis, that the emission increases 

from the new or modified source and offsets 

provided will result in a net air quality benefit 

and will not cause or contribute to a violation of

any air quality standard.

1. In such cases, the APCO may, based on an air 

quality analysis, impose offset ratios 

greater than the requirements of Section 

E.2.e. of this Rule.

2. Interpollutant offsets between PM10 and PM10

precursors shall be allowed. PM10 emissions 

shall not be allowed to offset nitrogen oxide

or reactive organic compound emissions.

3. Interpollutant offsets used for federal 

requirements shall also require EPA approval.

g. Emissions of reactive organic gases during the 

quarters starting April 1 and July 1 may be used 

to offset emission increases of reactive organic 

gases during the quarters starting October 1 and 

January 1.

h. Emissions of nitrogen oxides during the quarters 

starting April 1 and July 1 may be used to offset 

emission increases of nitrogen oxides during the 

quarters starting October 1 and January 1.

E.3 Ambient Air Quality Standards: In no case shall the

emissions from the new or modified stationary source 

cause or make worse the violation of an ambient air 

quality standard. The APCO may require an impact 

analysis to estimate the effects of a new or modified 
FEATHER RIVER AQMD 10.1 - 14

source. In making this determination the APCO shall 

take into account the mitigation of emissions through 

offsets obtained pursuant to this Rule.

E.4 Denial, Failure to Meet Standards: The APCO shall deny 

any Authority to Construct or Permit to Operate if the 

APCO finds that the subject of the application would 

not comply with the standards set forth in this Rule.

E.5 Compliance by Other Owned, Operated, or Controlled 

Sources: The owner or operator of a proposed new major 

source or major modification shall certify to the APCO 

that all major stationary sources, which are owned or 

operated by such person (or by any entity controlling, 

controlled by, or under common control with such a 

person) in California which are subject to emission 

limitations are in compliance, or on a schedule for 

compliance, with all applicable emission limitations 

and standards.

E.6 The PM10 emissions from an existing stationary source 

shall be recalculated from the Total Suspended 

Particulate (TSP) emissions increases and decreases 

which have occurred since August 20, 1983 using 

applicable PM10 emission factors. When applicable PM10

emission factors do not exist, assume 50 percent of TSP

is PM10.

If the applicant has provided full offsets for TSP 

emissions occurring since August 20, 1983 but before 

February 8, 1993, those TSP emissions need not be 

recalculated as PM10. However, any subsequent 

emissions increase in PM10 emissions shall be subject 

to the offset requirements of this Rule.

E.7 Alternative Siting: For new major sources or major 

modifications for which an analysis of alternative 

sites, sizes, and production processes is required 

under Section 173 of the Clean Air Act, the Air 

Pollution Control Officer shall require the applicant 

to prepare an alternative siting analysis that is 

functionally equivalent to the requirements of Division

13 of the Public Resources Code (California 

Environmental Quality Act-CEQA). An authority to 

construct shall not be issued unless the Air Pollution 

Control Officer has concluded, based on the information

contained in the alternative siting analysis, that the 

benefits of the proposed source significantly outweigh 

the environmental and social costs imposed as a result 

of its location, construction, or modification.
FEATHER RIVER AQMD 10.1 - 15

F. CALCULATIONS (Adopted 2/8/93; Amended 10/05/09)

This Section shall be used to determine the emissions change

for all new or modified emissions units, the actual emission

reductions for all shutdowns and modified emissions units 

and the cumulative emissions increase from all new and 

modified emissions units located at a stationary source.

F.1 Emission calculation requirements: 

a. For each project a separate emission calculation 

shall be made for each emission unit, affected 

pollutant emitted, and calendar quarter.

b. If a project consists of more than one emission 

unit, the total emissions from all emissions units

shall be summed to determine the emissions change 

for the project.

F.2 Emissions change calculations:

a. The emissions change for new emission units or 

stationary sources shall be the emission limits 

proposed in the current application. 

b. If the historic actual emissions of the emission 

unit being modified are more than 80% of the 

historic potential emissions, the emissions change

shall be calculated by subtracting the historic 

potential emissions from the emission limits

proposed in the current application.

c. The emissions change for modified emission units 

shall be calculated by subtracting the historic 

actual emissions from the emission limits proposed

in the current application.

d. If the emissions change for modified emission 

unit(s) calculated pursuant to Section F.2.b. or 

c. above does not result in a major modification, 

the emissions change shall be calculated by 

subtracting the historic potential emissions from 

the emission limits proposed in the current 

application.

e. The emissions change for a shutdown emissions unit 

shall be the historic actual emissions.

f. The emissions change for a modification consisting 

solely of the installation of control equipment or

implementation of a more efficient process shall 

be the historic actual emissions times the new 

overall control efficiency.

F.3 Section E requirements based on Section F emission 

calculations:

a. The provisions of Section E.1. shall be used to 

determine BACT applicability.

b. The provisions of Section E.2. shall be used to 

determine the quantity of offsets required.
FEATHER RIVER AQMD 10.1 - 16

c. If the Section F calculation procedures determine 

the project will result in a decrease or no change

in emissions, BACT and offsets are not required.

F.4 Determining Potential to Emit for a Stationary Source: 

The potential to emit for a stationary source shall be 

equal to the sum of potentials to emit for each 

emission unit covered by permits to operate or 

authorities to construct, issued prior to February 8, 

1993. In addition, emission increases from new or 

modified emissions units occurring on or after February

8, 1993 shall be added to the sum of potentials to emit

for existing emissions units. The potential to emit 

for a stationary source shall not be adjusted for 

actual emissions reductions which occur after February 

8, 1993.

G. AIR QUALITY IMPACT ANALYSIS (Adopted 2/8/93; Amended 10/05/09)

In no case shall emissions from a new or modified emissions 

unit cause or make worse the violation of an ambient air 

quality standard. The APCO may require an applicant to use 

an air quality model to estimate the effects of a new or 

modified emissions unit or facility. For the purpose of 

performing an impact analysis the following shall apply:

G.1 Air quality models shall be based on applicable air 

quality model, data bases, and other requirements 

specified in appendix W of 40 CFR 51, unless the APCO 

finds that such model is inappropriate for use. After 

making such a finding the APCO may designate an 

alternate model, after providing public notice for 

comment, with the concurrence of the Air Resources 

Board and the Environmental Protection Agency. All 

modeling costs associated with the siting of a new or 

modified emissions unit or facility shall be borne by 

the applicant;

G.2 Maximum ground level concentrations determined by 

modeling shall be added to background concentration 

levels and compared to ambient air quality standards;

G.3 In performing an impact analysis, if the proposed stack 

height is higher than is dictated by good engineering 

practices, the actual height used for the purposes of 

modeling shall be calculated in accordance with good 

engineering practices.
FEATHER RIVER AQMD 10.1 - 17

H. ADMINISTRATIVE REQUIREMENTS (Adopted 2/8/93; Amended 10/05/09)

The following administrative requirements shall apply to 

this Rule:

H.1 Complete Application: 

a. The District shall determine whether an 

application is complete not later than 30 days 

after receipt of the application, or after such 

longer time mutually agreeable to the applicant 

and the District. 

b. If the District determines that the application is 

not complete, the applicant shall be notified in 

writing of the decision and of the required 

additional information. Upon receipt of any 

resubmittal of the application, a new thirty (30) 

day period to determine completeness shall begin. 

c. Upon determination that the application is

complete, the District shall notify the applicant 

in writing. 

d. The District may, during the processing of the 

application, request an applicant to clarify, 

amplify, correct, or otherwise supplement the 

information submitted in the application.

H.2 Preliminary Decision: Following acceptance of an 

application as complete, the District shall perform the

evaluations required to determine compliance with this 

Rule and make a preliminary written decision as to 

whether an Authority to Construct should be approved, 

conditionally approved, or disapproved. The decision 

shall be supported by a written analysis.

H.3 Publication and Public Comments: Within 10 days 

following a preliminary decision on the Authority to 

Construct for an emissions unit or stationary source 

which triggers the offset requirements of Section E.2, 

the APCO shall publish in at least one newspaper of 

general circulation in the District a notice stating 

the preliminary decision of the APCO noting how 

pertinent information can be obtained, how a request 

for a public hearing may be made, and inviting written 

public comment for a 30-day period following the date 

of publication. Copies of such notice shall be sent to

the ARB and the EPA.

H.4 Public Inspection: 

a. The APCO shall make available for public 

inspection at the District's office the 

information submitted by the applicant and the 

APCO's analysis no later than the time that notice

of the preliminary decision is published pursuant 

to Section H.3. 
FEATHER RIVER AQMD 10.1 - 18

b. The APCO's analysis shall also be transmitted, no 

later than the date of publication, to the ARB and

the EPA regional office. 

c. Information submitted which contains trade secrets 

shall be handled in accordance with Section 6254.7

of the Government Code and relevant sections of 

the Administrative Code of the State of

California.

H.5 Authority to Construct, Final Actions: 

a. Within 180 days after acceptance of an application 

as complete, the APCO shall take final action on 

the application after considering all written 

comments. 

b. The APCO shall provide written notice of the final 

action to the applicant, the EPA, and the ARB, and

shall make the notice and all supporting documents

available for public inspection at the District's 

office for all Authorities to Construct issued for

emissions units subject to the requirements of 

Section E.2 of this Rule.

H.6 Requirements, Permits to Operate:

a. As a condition for the issuance of a Permit to 

Operate, the APCO shall require that any new 

source or modification, and any sources which 

provide offsets, be operated in the manner assumed

in making the analysis to determine compliance 

with this Rule. 

b. The Permit to Operate shall include daily emission 

limitations which reflect all applicable emissions

limitations, including Best Available Control 

Technology.

H.7 Requirements, Emission Reduction Credits (ERC):

a. As a condition for the issuance of a Permit to 

Operate, the APCO shall ensure that the stationary

source which provides emission offsets is subject 

to enforceable permit conditions, containing 

specific emissions limitations, and/or operational

limitations which ensure that the emission 

reductions are permanent and practically 

enforceable.

b. Where the source of offsets is a non-permitted 

source, the District may require the non-permitted

source to obtain an enforceable permit, complete 

with operational and emission limitations.

c. If the District, pursuant to state laws or 

District regulations, cannot permit the emissions 

unit, the source creating the offsets shall 

execute a legally binding contract between the 

applicant and the owner or operator of such offset
FEATHER RIVER AQMD 10.1 - 19

source which, by its terms, shall be enforceable 

by the District.

d. A violation of the emission limitation provisions 

of any such contract shall be chargeable to the 

applicant.

H.8 Issuance, Permit to Operate: 

a. The APCO shall only issue a Permit to Operate 

after determining the emission unit(s) or 

stationary source has meet all the requirements of

this Rule.

b. The APCO shall determine that all conditions 

specified in the Authority to Construct have been 

or will be complied with by any dates specified. 

c. Where a new or modified emissions unit is, in 

whole or in part, a replacement for an existing 

emissions unit on the same property, the APCO may 

allow a maximum of 90 days as a start-up period 

for simultaneous operation of the existing 

emissions unit and the new replacement.

H.9 Regulations in Force Govern: 

a. The granting or denial of an Authority to 

Construct shall be governed by the requirements of

this Rule in force on the date the application is 

deemed complete, except when a new federal 

requirement not yet incorporated into this Rule 

applies to the new or modified source. 

b. The APCO shall deny an Authority to Construct for 

any new stationary source or modification, or any 

portion thereof, unless the new source or 

modification, or applicable portion thereof, 

complies with the provisions of this Rule and all 

other applicable District Rules and Regulations.

H.10 Permit Conditions: 

a. The APCO shall place conditions on the Authority 

to Construct and/or Permit to Operate which will 

ensure that the construction, modification, or 

operation of a stationary source will comply with 

all applicable rules and regulations. 

b. For the purpose of drafting verifiable and 

practical conditions such conditions may include, 

but not be limited to hours of operation, 

processing parameters, periods of use, and 

emission limitations on an hourly, daily, or 

yearly basis.

H.11 Shutdown of Source: If the APCO determines that the 

unit has been removed or fallen into an inoperable and 

unmaintained condition, the APCO may notify the owner 

of intent to cancel the permit. If the owner does not 

respond within sixty (60) days, the APCO may cancel the
FEATHER RIVER AQMD 10.1 - 20

permit and deem the source shutdown as of the date of 

last emissions.

I. POWER PLANTS (Adopted 2/8/93; Amended 7/7/04; Amended 10/05/09)

I.1 General: This Section shall apply to all power plants 

proposed to be constructed in the District and for 

which a Notice of Intention (NOI) or Application for 

Certification has been accepted by the California 

Energy Commission (CEC). The District may apply to the

CEC for reimbursement of all costs incurred, including 

lost fees, in order to comply with the provisions of 

this Section.

I.2 Intent to Participate and Preliminary Report: Within 

fourteen days of receipt of a NOI, the APCO shall 

notify the Air Resources Board and the California 

Energy Commission of the District's intent to 

participate in the NOI proceeding. If the District 

chooses to participate in the NOI proceeding, the APCO 

shall prepare and submit a report to the Air Resources 

Board and the California Energy Commission prior to the

conclusion of the non-adjudicatory hearing specified in

Section 25509.5 of the Public Resources Code. That 

report shall include, at minimum:

a. A preliminary specific definition of Best 

Available Control Technology for the proposed 

facility;

b. A preliminary discussion of whether there is 

substantial likelihood that the requirements of 

this Rule and all other District regulations can 

be satisfied by the proposed facility; and

c. A preliminary list of conditions which the 

proposed facility must meet in order to comply 

with this Rule or any other applicable District 

regulation. The preliminary determinations 

contained in the report shall be as specific as 

possible within the constraints of the information

contained in the NOI.

I.3 Determination of Compliance Review: 

a. Upon receipt of an Application for Certification 

(AFC) for a power plant, the APCO shall conduct a 

Determination of Compliance review. This 

determination shall consist of a review identical 

to that which would be performed if an application

for Authority to Construct had been received for 

the power plant. 

b. If the information contained in the AFC does not 

meet the requirements of this Rule, the APCO 

shall, within twenty calendar days of receipt of 
FEATHER RIVER AQMD 10.1 - 21

the AFC, so inform the Commission, and the AFC 

shall be considered incomplete and returned to the

applicant for resubmittal.

I.4 Equivalency of Application: The APCO shall consider the 

AFC to be equivalent to an application for Authority to

Construct during the Determination of Compliance 

review, and shall apply all provisions of this Rule 

which apply to an application for a Permit to 

Construct.

I.5 Need for Additional Information: The APCO may request 

from the applicant any information necessary for the 

completion of the Determination of Compliance review. 

If the APCO is unable to obtain the information, the 

APCO may petition the presiding Commissioner of the 

California Energy Commission for an order directing the

applicant to supply such information.

I.6 Preliminary Determination: Within 180 days (or within 

120 days for any application filed pursuant to Sections

25540 through 25540.6 of the Public Resources Code) of 

an AFC having been accepted , the APCO shall make a 

preliminary written decision on:

a. Whether the proposed power plant meets the 

requirements of this Rule and all other applicable

District regulations; and

b. In the event of compliance, what permit conditions 

will be required including the specific BACT 

requirements and a description of required 

mitigation measures; or in the event of noncompliance, the specific regulations that would be

violated and the basis for such determination, and

those regulations with which the proposed power 

plant would comply, including required BACT and 

mitigation measures.

The preliminary written decision under Section I.6 

shall be treated as a preliminary decision under 

Section H.2 of this Rule, and shall be finalized by the

APCO only after being subject to the public notice and 

comment requirements of Sections H.3 through H.5. The 

APCO shall not issue a Determination of Compliance 

unless all requirements of this Rule are met.

I.7 Determination of Compliance: 

a. Within 240 days (or within 180 days for any 

application filed pursuant to Sections 25540 

through 25540.6 of the Public Resources Code) of 

an AFC having been accepted the APCO shall issue 

and submit to the CEC a Determination of 

Compliance or, if such a determination cannot be 

issued, shall so inform the CEC. 

b. A Determination of Compliance shall confer the 

same rights and privileges as an Authority to 
FEATHER RIVER AQMD 10.1 - 22

Construct only when and if the CEC approves the 

AFC, and the CEC certificate includes all 

conditions of the Determination of Compliance.

I.8 Permit to Operate: Any applicant receiving a 

certificate from the CEC pursuant to this section and 

who is in compliance with all conditions of the 

certificate shall be issued a Permit to Operate by the 

APCO.
FEATHER RIVER AQMD 10.1 - 23

RULE 10.1 - NEW SOURCE REVIEW

FIGURE 1