CALIFORNIA AIR RESOURCES BOARD SIP COMPLETENESS CHECKLIST (Electronic Format)

*** TO BE COMPLETED BY DISTRICT AND RETURNED TO ARB *** All rules submitted to the EPA as State Implementation Plan (SIP) revisions must be supported by certain information an d documentation for the rule packages to be deemed complete for review by the EPA. Rules will not be evaluated for approvability by the EPA unless the submittal packages are complete. To assist you in determining that all necessary materials are included in rules packages sent to the ARB for submittal to the EPA, please fill out the following form and include it with the rule package you send ARB. See the ARB's Guidelines on the Implementation of the 40 CFR 51, Appendix V , for a more detailed explanation than is provided here. Adopted rules and rule amendments should be checked against U.S. EPA's Guidance Document for Correcting Common VOC & Other Rule Deficiencies (Little Blue Book, August 21, 2001) to ensure that they contain no elements which will res ult in disapproval by EPA.

District: San Joaquin Valley Unified Air Pollution Control District

Rule No: 9510

Rule Title: Indirect Source Reveiw Date Adopted or Amended: December 15, 2005

ADMIN ISTRATIVE MATERIALS Note: All documents should be in electronic format. Items that have signatures, initials, or stamps may be scanned.

Not Attached Attached N/A COMPLETE COPY OF THE RULE: Pro vide an unmarked copy of the entire rule as adopted or amended by your District Board.

UNDERLINE AND STRIKEOUT COPY OF THE RULE : If an amended rule, provide a complete copy of the rule indicating in underline and strikeout format all language which has been added, deleted, or changed since the rule was last adopted or amended. COMPLETE COPY OF THE REFERENCED RULE(S): For any rule which include s language specifically referencing another rule, a copy of that other rule must also be submitted, unless it has already been submitted to EPA as part of a previous SIP submittal.

PUBLIC NOTICE EVID ENCE: Include a copy of the local newspaper clipping certification(s), stating the date of publication, which must be at least 30 days before the hearing. As an alternative, include a copy of the actual published notice of the public hearing as it appear ed in the local newspaper(s). In this case, however, enough of the newspaper page must be included to show the date of publication. The notice must specifically identify by title and number each rule adopted or amended.

RESOLUTION/MINUTE ORDER: Provide the Board Clerk certified resolution or minute order. This document must include certification that the hearing was held in accordance with the information in the public notice. It must also list th e rules that were adopted or amended, the date of the public hearing, and a statement of compliance with California Health and Safety Code Sections 40725

- 40728 (Administrative Procedures Act).

PUBLIC COMMENTS AND RESPONSES: Submit copies of written public comments made during the notice period and at the public hearing. Also submit any written responses prepared by the District staff or presented to the District Board at the public hearing. A summa ry of the public comments and responses is adequate. If there were no comments made during the notice period or at the hearing, please indicate N/A to the left.5/1/2002 CALIFORNIA AIR RESOURCES BOARD SIP COMPLETENESS CHECKLIST (Electronic Format)

TECHNICAL MA TERIALS

Not Attached Attached N/A RULE EVALUATION FORM: See instructions for completing the Rule Evaluation Form and the accompanying sample form.

NON

- EPA TEST METHODS: Attach all test methods that are referenced in your rule that do not appear in 40 CFR 51, 60, 61, 63, or have not been previously submitted to EPA. EPA methods used in other media such as SW846 for solid waste are not auto matically approved for air pollution applications. Submittal of test methods that are not EPA

- approved should include the information and follow the procedure described in Region 9’s “Test Method Review & Evaluation Process.”

MODELING SUPPORT: Provide if appropriate. In general, modeling support is not required for VOC and NOx rules to determine their impacts on ozone levels. Modeling is required where a rule is a relaxation that affects large sou rces ( > 100 TPY) in an attainment area for SO2, directly emitted PM10, CO, or NOx (for NO2 purposes). In cases where EPA is concerned with the impact on air quality of rule revisions which relax limits or cause a shift in emission patterns in a nonattainm ent area, a reference back to the approved SIP will be sufficient provided the approved SIP accounts for the relaxation and provided the approved SIP used the current EPA modeling guidelines. If current EPA modeling guidelines were not used, then new mode ling may be required.

ECONOMIC AND TECHNICAL JUSTIFICATION FOR DEVIATIONS FROM EPA POLICIES : The District staff report or other information included with the submittal should discuss all potential r elaxations or deviations from RACT, RACM, BACT, BACM, enforceability, attainment, RFP, or other relevant EPA requirements. This includes, for example, demonstrating that exemptions or emission limits less stringent than the presumptive RACT (e.g., a CTG) meet EPA’s 5 percent policy, and demonstrating that all source categories exempted from a RACM/BACM rule are de minimus according to EPA’s RACM/BACM policy.

ADDITIONAL MATERIALS : Provide District st aff reports and any other supporting information concerning development of the rule or rule changes. This information should explain the basis for all limits and thresholds contained in the rule.CALIFORNIA A IR RESOURCES BOARD APCD/AQMD RULE EVALUATION FORM

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I. GENERAL INFORMATION

District: San Joaquin Valley Unified Air Pollution Control District Rule No(s): 9510 Date adopted/Amended/Rescinded: December 15, 2005 Rule Title(s): Indirect Source Revie w

Date Submitted to ARB: July 6, 2006 If an Amended Rule, Date Last Amended (or Adopted): N/A

Is the Rule Intended to be Sent to the U.S. EPA as a SIP Revision? Yes No ( If No, do not complete remainder of form)

District Contact: Chrystal L. Meier Phone Number: (559) 230

- 5835 E

- mail Address: chrystal.meier@valleyair.org Narrative Summary of New Rule or Rule Changes: New Rule Amended Rule

Pollutant(s) Regulated by the Rule (Check): ROG (NOx) SO2 (CO) PM TAC (name):

II. EFFECT ON EMISSIONS

C omplete this section ONLY for rules that, when implemented, will result in quantifiable changes in emissions. Attach referen ce(s) for emission factor(s) and other information. Attach calculation sheet showing how the emission information provided below w as determined

. Net Effect on Emissions: Increase Decrease N/A Emission Reduction Commitment in SIP for this Source Category: 10.2 tons per day (tpd) (Combined NOx and PM1 0) Inventory Year Used to Calculate Changes in Emissions: 2010 Area Affected: New Development

Future Year Control Profile Estimate (Provide information on as many years as possible) : The reductions belo w include reductions from construction and operation of new development. Construction NOx was substituted for PM10 at a 1.5:1 conversion and added the the PM10 totals. Indicated NOx reductions include only Operational NOx Sources, See Staff Report, Appen dix B. Units are in tons per day (tpd).

Distribution of NOx and PM10

- tpd Reductions 2006

- 2010

2006 2007 2008 2009 2010 NOx 0.0 , 2.7 3.8 4.7 5.4 PM10 1.2 2.4 3.6 4.7 5.8CALIFORNIA AIR RESOURCES BOARD APCD/AQMD RULE EVALUATION FORM

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Baseline Inventory in the SIP for the Control Measure: 2010

Emissions Reduction Commitment in the SIP for the Control Measure: 4.0 tpd for NOx, 6.2 tpd for PM10 (ref: 2005 update to the 2003 PM10 Plan, Extreme Ozone Attainment Demonstration Plan) Revised Baseline Inventory (if any): N/A Revised Emission Reduction Estimate (if developed): N/A Note that the district’s input to the Rule Evaluation Form will not be used as input to the ARB’s emission forecasting and planning.

III. SOURCES/ATTAINMENT STATUS

District is: Attainment Nonattainment Split Approximate Total Number of Small (<100 TPY) Sources Affected by this Amendment: 1,160 projects per year

Percent in Nonattainment Ar ea: 100 % Number of Large ( > 100 TPY) Sources Controlled: N/A Percent in Nonattainment Area: 100 % Name(s) and Location(s) (city and county) of Large ( > 100 TPY) Sources Controlled by Rule (Attach additional sheets as necessary) : N/A

IV. EMISSION REDUCTION TECHNOLOGY

Does the Rule Include Emission Limits that are Continuous? Yes No If Yes, Those Limits are in Section(s) of the Rule. Other Methods in the Rule for Achieving Emission Reductions are: See Discussion in Section VI, below.

V. OTHER REQUIREMENTS

The Rule Contains: Emission Limits in Section(s): N/A Work Practice Standards in Section(s): N/A Recordkeeping Requirements in Section(s): N/A Reporting Requirements in Section(s): N/ACALIFORNIA AIR RESOURCES BOARD APCD/AQMD RULE EVALUATION FORM

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5/1/2002 3

VI. IMPACT ON AIR QUALITY PLAN No Impact Impacts RFP Impacts attainment

Discussion: The District committed to reduce the PM10 and NOx emissions from indirect sources in the 2003 PM10 Plan and the Extreme Ozone Attainment Demonstration Plan, which could be achieved by on

- site emission reduction and/or emission based fees that would be used to fund off

- site emissions reduction projects. Both plans contained emissions reduction commitments from growth that were necessary to demonstrate attainment. The District's estimate emissions reductions expected fr om new development projects by 2010 to be 5.4 tons per day (tpd) of NOx and 5.8 tpd of PM10. The purpose of proposed Rule 9510 is to reduce emissions of NOx and PM10 from new development projects. The rule applies to development projects that will seek to gain a discretionary approval for projects above a specified level. The rule also applies to specific transportation and transit projects. Anti

- circumvention language was added to prevent piecemealing of development projects. Rule 9510 will require e ither the direct mitigation of emissions from indirect sources or the payment of an off

- site emission reduction fee. The District wil collect the fee and apply it to projects which will result in measurable emission reduction s. Emission reductions indic ated above reflect those expected from the off

- site projects only.SJVUAPCD 12/15/05 9510 - 1 RULE 9510 INDIRECT SOURCE REVIEW (ISR) (Adopted December 15, 2005) 1.0 Purpose The purposes of this rule are to:

1.1 Fulfill the District’s emission reduction commitments in the PM10 and Ozone Attainment Plans. 1.2 Achieve emission reductions from the construction and use of development projects through design features and on-site measures. 1.3 Provide a mechanism for reducing emissions from the construction of and use of development projects through off-site measures. 2.0 Applicability 2.1 This rule shall apply to any applicant that seeks to gain a final discretionaryapproval for a development project, or any portion thereof, which upon full buildout will include any one of the following: 2.1.1 50 residential units; 2.1.2 2,000 square feet of commercial space; 2.1.3 25,000 square feet of light industrial space; 2.1.4 100,000 square feet of heavy industrial space; 2.1.5 20,000 square feet of medical office space; 2.1.6 39,000 square feet of general office space; 2.1.7 9,000 square feet of educational space; 2.1.8 10,000 square feet of government space; 2.1.9 20,000 square feet of recreational space; or 2.1.10 9,000 square feet of space not identified above. 2.2 This rule shall apply to any transportation or transit project where construction exhaust emissions equal or exceed two (2.0) tons of NOx or two (2.0) tons of PM10.SJVUAPCD 12/15/05 9510 - 2 2.3 Projects on Contiguous or Adjacent Property 2.3.1 Residential projects with contiguous or adjacent property under common ownership of a single entity in whole or in part, that is designated and zoned for the same development density and land use, regardless of the number of tract maps, and has the capability to accommodate more than fifty (50) residential units are subject to this rule. 2.3.2 Nonresidential projects with contiguous or adjacent property under common ownership of a single entity in whole or in part, that is designated and zoned for the same development density and land use, and has the capability to accommodate development projects emitting more than two (2.0) tons per year of operational NOx or PM10 are subject to this rule. Single parcels where the individual building pads are to be developed in phases must base emissions on the potential development of all pads when determining the applicability of this rule.

3.0 Definitions 3.1 APCO: as defined in Rule 1020 (Definitions). 3.2 APCO-Approved Model: any computer model that estimates construction, area source and/or operational emissions of NOx and PM10 from potential land uses, using the most recent approved version of relevant ARB emissions models and emission factors, and has been approved by the APCO and EPA. 3.3 Air Impact Assessment (AIA): the calculation of emissions generated by the project and the emission reductions required by the provisions set forth in this rule. The AIA must be based solely on the information provided to the APCO in the AIA application, and must include all information listed in Section 5.6, et seq. 3.4 Air Impact Assessment (AIA) Application: the aggregate of documentation supporting the development of an AIA. This includes, but is not limited to, the information listed in Section 5.0, et seq. 3.5 Air Resources Board (ARB or CARB): as defined in Rule 1020 (Definitions). 3.6 Applicant: any person or entity that undertakes a development project. 3.7 Area Source: any multiple non-mobile emissions sources such as water heaters, gas furnaces, fireplaces, wood stoves, landscape equipment, architectural coatings, consumer product, etc., that are individually small but can be significant when combined in large numbers. 3.8 Baseline Emissions: the unmitigated NOx or PM10 emissions as calculated by the APCO-approved model.SJVUAPCD 12/15/05 9510 - 3 3.9 Construction: any excavation, grading, demolition, vehicle travel on paved or unpaved surfaces, or vehicle exhaust that occurs for the sole purpose of building a development project.

3.10 Construction Baseline: the sum of baseline NOx or exhaust PM10 for the duration of construction activities for a project or any phase thereof, in total tons. 3.11 Construction Emissions: any NOx or exhaust PM10 emissions resulting from the use of internal combustion engines related to construction activity, which is under the control of the applicant through either ownership, rental, lease agreements, or contract. 3.12 Contiguous or Adjacent Property: a property consisting of two or more parcels of land with a common point or boundary, or separated solely by a public roadway or other public right-of-way. 3.13 Development Project: any project, or portion thereof, that is subject to a discretionary approval by a public agency, and will ultimately result in the construction of a new building, facility, or structure, or reconstruction of a building, facility, or structure for the purpose of increasing capacity or activity. 3.14 Discretionary Approval: a decision by a public agency that requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular development project, as distinguished from situations where the public agency merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. 3.15 District: the San Joaquin Valley Unified Air Pollution Control District as defined in Rule 1020 (Definitions). 3.16 Emission Reduction Measure: an activity taken or conditions incorporated in a project to avoid, minimize, reduce, eliminate, or compensate emissions estimated to occur from new development projects. 3.16.1 On-Site Emission Reduction Measure: any feature activity, device, or control technology of a project, which is incorporated into the design of that project or through other means, which will avoid, minimize, reduce or eliminate the project’s emissions. All on-site emission reductions achieved beyond District or state requirements shall count towards the mitigated baseline. City, County and other public agency requirements may also be credited towards emission reductions. 3.16.2 Off-Site Emission Reduction Measure: any feature, activity, or emission reduction project used, undertaken, or funded to compensate for a project’s emission that is not part of the development project.SJVUAPCD 12/15/05 9510 - 4 3.17 Indirect Source: any facility, building, structure, or installation, or combination thereof, which attracts or generates mobile source activity that results in emissions of any pollutant, or precursor thereof, for which there is a state ambient standard, as specified in Section 1.1. 3.18 Land Use: any facility, building, structure, installation, activity, or combination thereof, and the purpose, for which it is arranged, designed, intended, constructed, erected, moved, altered or enlarged on, or for which it is or may be occupied or maintained. Land use can be identified in the following categories: 3.18.1 Commercial: any facility, building, structure, installation, activity or combination thereof, that offers goods and services for sale. This can include but is not limited to wholesale and retail stores, food establishments, hotels or motels, and movie theatres. 3.18.2 Educational: any facility, building, structure, installation, activity or combination thereof, whose purpose is to develop knowledge, skill, and character. This can include but is not limited to: schools, day care centers, libraries, and churches. 3.18.3 General Office: any facility, building, structure, installation, activity or combination thereof, where the affairs of a non-medical business are conducted. 3.18.4 Governmental: any facility, building, structure, installation, activity or combination thereof, where the affairs of an entity that exercises authority over a country, or any subdivision thereof, are carried on. 3.18.5 Industrial: any facility, building, structure, installation, activity or combination thereof that creates, collects, extracts, packages, modifies, and/or distributes goods. 3.18.5.1 Light Industrial: Usually employs fewer than 500 persons, with an emphasis on activities other than manufacturing and typically have minimal office space. Typical light industrial activities include: print plants, material testing labs, and assemblers of data processing equipment. Light Industrial tends to be free-standing 3.18.5.2 Heavy Industrial: Also categorized as manufacturing facilities. Heavy Industrial usually has a high number of employees per industrial plant.SJVUAPCD 12/15/05 9510 - 5 3.18.6 Medical Office: any facility, building, structure, installation, activity or combination thereof, where the affairs of a business related to the science and art of diagnosing, treating, and preventing diseases are carried on. 3.18.7 Recreational: any facility, building, structure, installation, activity or combination thereof, where individuals may relax or refresh the body or the mind. This can include but is not limited to: parks, fitness clubs, and golf courses. 3.18.8 Residential: any facility, building, structure, installation, activity or combination thereof, which provides a living space for an individual or group of individuals. 3.19 Mitigation: synonym of on-site emission reduction measure. For the purposes of this rule, mitigation is all on-site emission reductions achieved beyond District or state requirements. City, County and other public agency requirements may be counted as mitigation, and credited towards emission reductions for the mitigated baseline. 3.20 Mitigated Baseline: the NOx or PM10 emission generated by a project after on-site emission reduction measures have been applied. 3.21 Mobile Emissions: the NOx or PM10 emissions generated by motorized vehicles. 3.22 Monitoring and Reporting Schedule (MRS): a form listing on-site emission reduction measures committed to by the applicant that are not enforced by another public agency along with the implementation schedule and enforcement mechanism for each measure. The Construction Equipment Schedule constitutes a MRS for the construction phase of a development project. The format of the MRS shall be provided by the District. The format of the MRS shall be provided by the District. 3.23 NOx: any oxides of nitrogen. 3.24 Off-Site Emission Reduction Fee (Off-Site Fee): a fee to be paid by the applicant to the District for any emission reductions required by the rule that are not achieved through on-site emission reduction measures. Off-Site Fees shall only apply to off-site emission reductions required, and shall only be used for funding off-site emission reduction projects. 3.25 Off-Site Emission Reduction Fee Deferral Schedule (FDS): a payment schedule requested by the applicant and approved by the District for Off-Site Emission Reduction Fees that ensures contemporaneous off-site emission reductions for the development project. Fee payment shall be made prior to the issuance of a building permit. The District shall provide the FDS format.SJVUAPCD 12/15/05 9510 - 6 3.26 On-Site Emission Reduction Checklist (On-Site Checklist): the list provided by the District that identifies potential on-site emission reduction measures. Project applicants must identify those measures that will be implemented and those that will not. There is no minimum required to be selected for implementation. 3.27 Operational Baseline: the baseline NOx or PM10 emissions, including area source and mobile emissions, calculated by the APCO-approved model, for the first year of buildout for that project, or any phase thereof, in tons per year. 3.28 Operational Emissions: for the purposes of this rule, the combination of area and mobile emissions associated with an indirect source. 3.29 Phase: a defined portion on a map, of a development project. 3.30 PM10 (or PM-10): as defined in Rule 1020 (Definitions). 3.31 Public Agency: any federal, state, local, or special agency that exercises discretionary powers on development activities within the San Joaquin Valley Air Basin. 3.32 San Joaquin Valley Air Basin (SJVAB): as defined in Rule 1020 (Definitions). 3.33 Transit: any passenger transportation service, local, metropolitan or regional in scope, that is available to any person who pays a prescribed fare. Transportation by bus, rail, or other conveyance, either publicly or privately owned, which is provided to the public or specialty service on a regular or continuing basis. Also known as “mass transit,” “mass transportation,” or “public transportation.” 3.34 Transportation Projects: any project whose sole purpose is to create a new paved surface that is used for the transportation of motor vehicles, or any structural support thereof. Examples of transportation projects include: streets, highways and any related ramps, freeways and any related ramps, and bridges. This does not include development projects where traffic surfaces are a portion of the project, but not the main land-use. 3.35 URBEMIS: a computer model that is owned and modified by the local air pollution control districts and air quality management districts in the State of California. URBEMIS estimates construction, area source and operational emissions of NOx and PM10 from potential land uses, using the most recent approved version of relevant ARB emissions models and emission factors and/or District-specific emission factors; and estimates emissions reductions. The model has the capacity for changes to defaults when new or project specific information is known.SJVUAPCD 12/15/05 9510 - 7 3.36 Vehicle Trip: a trip by a single vehicle regardless of the number of persons in the vehicle, which is one way starting at one point and ending at another. A ‘round trip’ is counted as two separate trips. 4.0 Exemptions 4.1 Transportation projects shall be exempt from the requirements in Sections 6.2 and 7.1.2. 4.2 Transit projects shall be exempt from the requirements in Sections 6.2 and 7.1.2 4.3 Development projects that have a mitigated baseline below two (2.0) tons per year of NOx and two (2.0) tons per year of PM10 shall be exempt from the requirements in Sections 6.0 and 7.0. 4.4 The following shall be exempt from the requirements of this rule: 4.4.1 Reconstruction of any development project that is damaged or destroyed and is rebuilt to essentially the same use and intensity. 4.4.2 Transportation Projects that consist solely of: 4.4.2.1 A modification of existing roads subject to District Rule 8061 that is not intended to increase single occupancy vehicle capacity, or, 4.4.2.2 Transportation control measures included in a District air quality attainment plan. 4.4.3 A development project on a facility whose primary functions are subject to Rule 2201 (New and Modified Stationary Source Review Rule) or Rule 2010 (Permits Required), including but not limited to the following industries: 4.4.3.1 Aggregate Mining or Processing; 4.4.3.2 Almond Hulling, Canning Operations, Food Manufacturing, Grain Processing and Storage, Vegetable Oil Manufacturing, and Wineries; 4.4.3.3 Animal Food Manufacturing; 4.4.3.4 Confined Animal Facilities; 4.4.3.5 Coatings and Graphic Arts; 4.4.3.6 Cotton Ginning Facilities;SJVUAPCD 12/15/05 9510 - 8 4.4.3.7 Energy Production Plants; 4.4.3.8 Ethanol Manufacturing; 4.4.3.9 Gas Processing and Production, Oil Exploration, Production, Processing, and Refining; 4.4.3.10 Glass Plants; 4.4.3.11 Solid Waste Landfills; 4.4.3.12 Petroleum Product Transportation and Marketing Facilities. 5.0 Application Requirements Any applicant subject to this rule shall submit an Air Impact Assessment (AIA) application no later than applying for a final discretionary approval with the public agency. An applicant for a project for which a discretionary approval is pending at the date of rule effectiveness, shall also submit an AIA application by 30 days after the rule effectiveness date. Nothing in this rule shall preclude an applicant from submitting an AIA application prior to filing an application for a final discretionary approval with the public agency. It is preferable for the applicant to submit an AIA application as early as possible in the process for that final discretionary approval. The AIA application shall be submitted on a form provided by the District and shall contain the following information: 5.1 Applicant name and address; 5.2 Detailed project description including, but not limited to: 5.2.1 Site Size; 5.2.2 Site Plans; 5.2.3 Proposed Project Schedule; 5.2.4 Associated Project; 5.2.5 If residential, the number and type of dwelling units; 5.2.6 If commercial, the type, square footage and loading facilities; 5.2.7 If industrial, the type, estimated employment per shift, and loading facilities; 5.2.8 Amount of off-street parking provided for non-residential projects;SJVUAPCD 12/15/05 9510 - 9 5.3 On-site Emission Reduction Checklist (On-Site Checklist): The District shall provide an On-Site Checklist that includes quantifiable on-site measures that reduce operational NOx and/or PM10 emissions. 5.3.1 The applicant shall identify measures voluntarily selected and how those measures will be enforced. On-Site measures must be fully enforceable through permit conditions, development agreements, or other legally binding instrument entered into by the applicant and the public agency; or, if the measure is not a requirement by another public agency, by a MRS contract with the District. Enforcement mechanisms can include: 5.3.1.1 Applicable local ordinance or section of a regulation that requires the measure, if any, 5.3.1.2 A District approved MRS, as identified in Section 5.4 below. 5.3.2 The applicant shall also include justification for those measures not selected. 5.3.3 All selected on-site measures, regardless of enforcement mechanism, shall count towards on-site emission reductions. 5.4 Monitoring and Reporting Schedule (MRS): The District shall provide a standardized MRS format. The applicant shall include in the AIA application a completed proposed MRS for on-site emission reduction measures selected that are not subject to other public agency enforcement, and the timeline for submittal of the construction equipment schedule. A proposed MRS shall outline how the measures will be implemented and enforced, and will include, at minimum, the following: 5.4.1 A list of on-site emission reduction measures included; 5.4.2 Standards for determining compliance, such as funding, record keeping, reporting, installation, and/or contracting; 5.4.3 A reporting schedule; 5.4.4 A monitoring schedule; 5.4.5 Identification of the responsible entity for implementation; 5.4.6 Provisions for failure to comply; 5.4.7 Applicants proposing on-site emission reduction measures that require ongoing funding, shall provide evidence in the proposed MRS of continued funding, including, but not limited to:SJVUAPCD 12/15/05 9510 - 10 5.4.7.1 Bonds; or 5.4.7.2 Community Service Districts; or

5.4.7.3 Contracts. 5.4.8 The schedule for submitting a construction equipment schedule. 5.5 Off-Site Fee Deferral Schedule (FDS): The District shall provide a standardized Fee Deferral Schedule form. An applicant may propose a FDS with the District if the total Off-Site Fee exceeds $50,000. The payment schedule must provide assurance that reductions from off-site emission reduction projects can be obtained reasonably contemporaneous with emissions increases associated with the project and shall, at minimum, include the following: 5.5.1 Identification of the person or entity responsible for payment; 5.5.2 Billing address; 5.5.3 Total required off-site operational emissions for the development project and any phase thereof; 5.5.4 Total required off-site construction emissions for the development project and any phase thereof; 5.5.5 Year of build-out, and any phase thereof; 5.5.6 Any applicable milestones; 5.5.7 Off-Site Fee down payment, to be not less than $50,000; 5.5.8 Payment schedule not to exceed or go beyond the issuance of a building permit. For development projects with multiple phases, the payment schedule shall connect fee deadlines for off-site emission reductions required by each phase prior to the issuance of building permits for those phases. 5.5.9 The cost of reductions corresponding to the payment schedule; 5.5.10 Applicable project termination and delay clauses; and 5.5.11 Provisions for failure to comply.SJVUAPCD 12/15/05 9510 - 11 5.6 Air Impact Assessment (AIA): An AIA shall be produced for the project from the project specific information identified in the AIA application. An AIA may be produced by or for the applicant. If an AIA is not provided by the applicant, the District shall perform the AIA during the AIA application review period. The AIA shall meet the following requirements: 5.6.1 The analysis of the proposed project shall be conducted according to the information provided in the application; 5.6.2 The analysis shall employ an APCO-approved model or calculator and include detailed documentation and reasons for all changes to the default input values; 5.6.3 If the AIA is conducted by or for the applicant, a hard copy and an electronic copy of all model runs conducted for the project and each phase thereof, shall be submitted; 5.6.4 The applicant shall include any other information and documentation that supports the calculation of emissions and emissions reductions; 5.6.5 The AIA shall quantify construction and operational NOx and PM10 emissions associated with the project. This shall include the estimated construction and operational baseline emissions, and the mitigated emissions for each applicable pollutant for the development project, or each phase thereof; 5.6.6 The AIA shall quantify the Off-Site Fee, if applicable. 6.0 General Mitigation Requirements 6.1 Construction Equipment Emissions 6.1.1 The exhaust emissions for construction equipment greater than fifty (50) horsepower used or associated with the development project shall be reduced by the following amounts from the statewide average as estimated by the ARB: 6.1.1.1 20% of the total NOx emissions, and

6.1.1.2 45% of the total PM10 exhaust emissions.6.1.2 An applicant may reduce construction emissions on-site by using lesspolluting construction equipment, which can be achieved by utilizing add-on controls, cleaner fuels, or newer lower emitting equipment.SJVUAPCD 12/15/05 9510 - 12 6.2 Operational Emissions

6.2.1 NOx Emissions Applicants shall reduce 33.3%, of the project’s operational baseline NOx emissions over a period of ten years as quantified in the approved AIA as specified in Section 5.6.

6.2.2 PM10 Emissions Applicants shall reduce of 50% of the project’s operational baseline PM10 emissions over a period of ten years as quantified in the approved AIA as specified in Section 5.6. 6.3 The requirements listed in Sections 6.1 and 6.2 above can be met through any combination of on-site emission reduction measures or off-site fees. 7.0 Off-site Emission Reduction Fee (Off-Site Fee) Calculations and Fee Schedules

7.1 Off-site Fee Calculations

7.1.1 Construction Activities

7.1.1.1 NOx Emissions The applicant shall pay to the District a monetary sum necessary to offset the required construction NOx emissions not reduced on-site. The off-site fee shall be calculated as follows: 

## [ ] i i i n

i 

### CNR NSEE NACE OF CN × ×

− = 

# ∑

= 

### ) 8

. 0 (

1 Where, CN OF = Construction NOx Off-Site Fee, in dollars i = each phase n = last phase NACE = Actual Estimated Equipment NOx Emissions, as documented in the APCO approved Air Impact Assessment application, in total tons NSEE = Statewide Average Equipment NOx Emissions, as calculated by the APCO, in total tonsSJVUAPCD 12/15/05 9510 - 13 CNR = Cost of NOx Reductions identified in Section 7.2.1 below, in dollars per ton. For projects with an approved FDS, the cost of reductions shall be based on the year each payment is made.

7.1.1.2 PM10 Emissions The applicant shall pay a monetary sum necessary to offset therequired construction PM10 exhaust emissions not reduced onsite. The off-site fee shall be calculated as follows: 

## [ ] i i i n

i 

### CPR PSEE PMACE OF CPM × ×

− = 

# ∑

= 

### ) 55

. 0 (

1 Where, CPM OF = Construction PM10 Off-Site Fee, in dollars i = each phase n = last phase PMACE = Actual Estimated Equipment PM10 Emissions, as documented in the APCO approved AIA application, in total tons PSEE = Statewide average Equipment PM10 Emissions, as calculated by the APCO, in total tons

CPR = Cost of PM10 Reductions identified in Section 7.2.2 below, in dollars per ton. For projects with an approved FDS, the fees shall be based on the year each payment is made. 7.1.2 Operational and Area Source Activities

7.1.2.1 NOx Emissions The applicant shall pay a monetary sum necessary to offset the excess NOx emissions not reduced on-site. The off-site fee shall be calculated as follows:

i i i i n

i 

### CNR NAPOR NEB NEB NOxOF ×       × ×

−       ×

= 

# ∑

= 

### ) 5

. 7 ( 3 5

. 7

1SJVUAPCD 12/15/05 9510 - 14 Where, NOx OF = Operational NOx Off-Site Fee, in dollars i = each phase n = last phase NEB = Estimated Baseline Emissions, of Operational NOx, as documented in the APCO approved AIA application, in tons per year NAPOR = NOx Actual Percent of On-Site Reductions, as documented in the APCO approved air impact assessment application, as a fraction of one, calculated as (NEB-NOx Mitigated Baseline)/NEB CNR = Cost of NOx Reductions, identified in Section 7.2.1 below, in dollars per ton. For projects with an approved FDS, the cost of reductions shall be based on the year each payment is made.

7.1.2.2 PM10 Emissions The applicant shall pay a monetary sum necessary to offset the excess PM10 emissions not reduced on-site for a period of ten years. The off-site fee shall be calculated as follows:

i i n

i CPR PEB PMMB OF PM ×

− = 

## ∑

= )] 10 )( 5

. 0 [( 10

1 Where, PM10 OF = Operational PM Off-Site Fee, in dollars i = each phase n = last phase PEB = Estimated Baseline Emissions, of Operational PM10, as documented in the APCO approved AIA application, in tons per year PMMB = Mitigated Baseline Emissions, as documented in the APCO approved AIA application, in tons per yearSJVUAPCD 12/15/05 9510 - 15 CPR = Cost of PM10 Reductions, identified in Section 7.2.2 below, in dollars per ton. For projects with an approved FDS, the fees shall be based on the year each payment is made.

7.2 Fee Schedules

7.2.1 The costs of NOx reductions are as follows:

Year Cost of NOX Reductions ($/ton) 2006 $4,650.00 2007 $7,100.00 2008 and beyond $9,350.00

7.2.2 The costs of PM10 reductions are as follows:

Year Cost of PM10 Reductions ($/ton) 2006 $2,907.00 2007 $5,594.00 2008 and beyond $9,011.00

7.3 The applicant shall pay the Off-Site Fees in full by the invoice due date within sixty (60) calendar days after the AIA application is approved or in accordance to the schedule contained in the APCO approved FDS. 7.4 The applicant shall receive credit for any off-site emission reduction measures that have been completed and/or paid for, prior to the adoption of this rule, if the following conditions have been met: 7.4.1 The prior off-site emission reduction measures were part of an air quality mitigation agreement with the APCO; or 7.4.2 The applicant demonstrates to the satisfaction of the APCO that the off-site emission reduction measures result in real, enforceable, and surplus reductions in emissions.SJVUAPCD 12/15/05 9510 - 16 7.5 Refund: If a project is terminated or is cancelled, the building permit or use permit expires, is cancelled, or is voided, no construction has taken place, and the use has never occupied the site, the applicant is entitled to a refund of the unexpended Off-Site fees paid less any administrative costs incurred by the APCO. The applicant must provide a written request for the refund, with proof of the project termination, within thirty (30) calendar days of the termination. Proof of project termination can include a confirmation from a local agency of permit cancellation. 7.6 The APCO may adjust the cost of reductions according to the following process: 7.6.1 An Analysis shall be performed that details: 7.6.1.1 The cost effectiveness of projects funded to date; 7.6.1.2 The rule effectiveness of achieving the required emission reductions to date; 7.6.1.3 The availability of off-site emission reduction projects; 7.6.1.4 The cost effectiveness of those projects. 7.6.2 The APCO shall provide a draft revised cost effectiveness based on the analysis. 7.6.3 The process shall include at least one public workshop.

8.0 Administrative Process 8.1 Completeness of the AIA application: The APCO shall determine whether the application is complete and contains the necessary information no later than ten (10) calendar days after receipt of the application, or after such longer time as agreed to by both the applicant and the APCO. 8.1.1 Should the application be deemed incomplete, the APCO shall notify the applicant in writing of the decision and shall specify the additional information required. Resubmittal of any portion of the application begins a new ten (10) day calendar period for the determination of completeness by the APCO. 8.1.2 Completeness of an application or resubmitted application shall be evaluated on the basis of the information requirements set forth in the District Rules and Regulations as they exist on the date on which the application or resubmitted application is received. 8.1.3 The APCO shall notify the applicant in writing that the application is deemed complete.SJVUAPCD 12/15/05 9510 - 17 8.2 Public Agency Review of the proposed project: The APCO shall forward a copy of the AIA application, including the MRS (if applicable) to the relevant public agencies for review. The public agencies may review and comment at any time on the provisions of the MRS. Comments received by the APCO shall be forwarded to the applicant. The proposed MRS may be modified, if necessary, based on the input from the public agency. If any changes result from their comments, theAPCO shall make the appropriate changes and provide the applicant a revised OffSite Fee, if applicable. No section or provision within this rule requires action on the part of the public agency. 8.3 APCO Evaluation of the AIA Application: The AIA application shall be evaluated for content. 8.3.1 If the applicant submits an AIA, the APCO will evaluate the modeling inputs and calculations. 8.3.2 If the applicant does not submit an AIA, the APCO will complete an AIA from the information contained in the AIA application. 8.3.3 The APCO may, during the evaluation of the application, request clarification, amplification, and any correction as needed, or otherwise supplement the information submitted in the application. Any request for such information shall not count towards the time the APCO has to provide notice of approval or disapproval. The clock shall resume once the APCO has received the requested information. 8.4 AIA Approval: The APCO shall notify the applicant in writing of its decision regarding the AIA application and its contents within thirty (30) calendar days after determination of an application as complete and provide the following in writing to the applicant, the public agency, all interested parties as identified by the developer, and make available to the public. 8.4.1 APCO approval determination of the AIA application; 8.4.2 The required emission reductions; 8.4.3 The amount of on-site emission reduction achieved; 8.4.4 The amount of off-site emission reduction required, if applicable; 8.4.5 The required Off-Site Fee if applicable; 8.4.6 A statement of tentative rule compliance; 8.4.7 A copy of the final MRS, if applicable; and 8.4.8 An approved FDS, if applicable.SJVUAPCD 12/15/05 9510 - 18 8.5 Off-Site Fee: After the APCO approves the AIA application and its contents; the APCO shall provide the applicant with an estimate for the projected off-site fees, if applicable. The applicant shall pay the of-site fee within 60 days, unless a FDS has been approved by the District. 8.6 Fee Deferral Schedule: In the event that the applicant had not previously submitted FDS in the AIA application, but desires one, the applicant shall ensure that the proposed FDS is submitted to the APCO no later than fifteen (15) calendar days after receipt of the AIA Approval. The District shall have fifteen (15) calendar days to approve the FDS request. 8.7 MRS Compliance: After the APCO approves the AIA application and its contents; the APCO shall enact the MRS contract, if applicable. The applicant is responsible for implementation and/or maintenance of those measures identified within the MRS. Upon completion of Monitoring and Reporting, the District shall provide to the applicant, the public agency, and make available to the public, an MRS Compliance letter. 8.7.1 Operational On-Site Measures: On-site emission reduction measures that are active operational measures, such as providing a service, must be implemented for 10 years after buildout of the project, if applicable. 8.7.2 Construction Equipment Schedule: The construction equipment schedule shall be submitted to the District if identified in the MRS prior to the start of construction, but not to exceed the issuance of a grading permit, if applicable. 8.8 In the event the applicant significantly changes the AIA application or any portion thereof during the Administrative Process, the APCO shall re-start the evaluation process pursuant to Section 8.3. 9.0 Changes to the Project 9.1 Changes Proposed By The Applicant 9.1.1 The applicant may substitute equivalent or more effective on-site emission reduction measures upon written approval from the APCO. 9.1.2 Changes in the project or to the build-out schedule that increase the emissions associated with the project shall require submission of a new AIA application. A new AIA shall be conducted and the off-site fees shall be recalculated in accordance with the applicable provisions of this rule. The APCO shall notify the applicant of the new off-site fees, the difference of which shall be payable by the due date specified on the billing invoice.SJVUAPCD 12/15/05 9510 - 19 9.2 Changes Required By The Public Agency or Any Court Of Law Project changes that result in an increase in the emissions shall require submission of a new AIA application within 60 days of said changes, or prior to the start of project construction, whichever is less. A new AIA shall be conducted and the off-site fees shall be recalculated in accordance with the applicable provisions of this rule.

10.0 APCO Administration of the Off-Site Fee Funds 10.1 The District shall establish and maintain separate accounts for NOx and for PM10 for funds collected under this rule. Any off-site fees collected by the District shall be deposited into these accounts. 10.2 The District shall utilize monies from the accounts to fund quantifiable and enforceable Off-Site projects that reduce surplus emissions of NOx and PM10 in an expeditious manner. 10.2.1 The District shall set forth funding criteria for each category of off-site projects that may be funded by this rule.

10.2.2 The District shall ensure that the emission reductions calculations for the off-site projects are accurate. 10.2.3 If the off-site project involves the replacement of existing equipment, the District shall inspect the existing equipment.10.2.4 The District shall enter into a binding contract with the applicant of the offsite project, which will, at minimum, require an annual report from the applicant that includes information necessary to ensure that emissions reductions are actually occurring. 10.2.5 The District shall conduct inspections on the off-site project to verify that the project is installed or implemented and operating for the life of the contract. 10.2.6 The District may substitute NOx reductions for PM10 in a 1.5 to 1 ratio. 10.3 Any interest that accrues in the off-site account(s) shall remain in the account, to be used in accordance with Section 10.2 above. 10.4 The District shall prepare an annual report that will be available to the public regarding the expenditure of those funds, and shall include the following: 10.4.1 Total amount of Off-Site Fees received; 10.4.2 Total monies spent;SJVUAPCD 12/15/05 9510 - 20 10.4.3 Total monies remaining; 10.4.4 Any refunds distributed; 10.4.5 A list of all projects funded; 10.4.6 Total emissions reductions realized; and 10.4.7 The overall cost-effectiveness factor for the projects funded.

11.0 Effective date of this rule The provisions of this rule shall become effective on March 1, 2006.