FEATHER RIVER AQMD 10.1 - 1

RULE 10.1 - NEW SOURCE REVIEW

(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; Amended 02/06/2012)

A. PURPOSE

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

B.1 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. 

B.2 If any source or modification becomes a major source 

or major modification solely by virtue of the 

relaxation of any limitation that was established 

after August 7, 1980, on the capacity of the source or 

modification to emit a federal nonattainment pollutant 

or its precursor such as a restriction on hours of 

operation, then the requirements of this rule shall 

apply to such a source or modification as though 

construction had not yet commenced on the source or 

modification.

B.3 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.

B.4 The requirements of Section E of this rule shall not 

apply to PM2.5 in the YC-MNA, if EPA re-designates 

Yuba City-Marysville, CA area as attainment for the 

federal PM2.5 National Ambient Air Quality Standard as 

codified in 40 CFR 81.305.

B.5 The requirements of Section E of this rule shall not 

apply to Ozone or its precursors in the SBNA, if EPA 

re-designates Sutter County (part), CA – Sutter Buttes 
FEATHER RIVER AQMD 10.1 - 2

area as attainment for the federal ozone National 

Ambient Air Quality Standard as codified in 40 CFR 

81.305.

C. EFFECTIVE DATE

This Rule shall become effective upon the date of adoption.

D. DEFINITIONS

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 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 Begin Actual Construction: Initiation of physical onsite construction activities on an emissions unit 

which is of a permanent nature. Such activities 

include, but are not limited to, installation of 

building supports and foundations, laying of 

underground pipework, and construction of permanent 

storage structures. With respect to a change in 

method of operation that does not involve a physical 

change, this term refers to those on-site activities, 

other than preparatory activities, which mark the 

start of the change in the method of operation.

D.6 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 
FEATHER RIVER AQMD 10.1 - 3

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.7 Class I Area: Any area listed as Class I in 40 CFR 

81.405 or an area otherwise specified as Class I in 

the legislation that creates a national monument, a 

national primitive area, a national preserve, a 

national recreational area, a national wild and scenic 

river, a national wildlife refuge, a national 

lakeshore or seashore.

D.8 Commence: As applied to construction of a major 

stationary source or major modification means that the 

owner or operator has all necessary preconstruction 

approvals or permits and either has:

a. Begun, or caused to begin, a continuous program 

of actual on-site construction of the source, to 

be completed within a reasonable time; or

b. Entered into binding agreements or contractual 

obligations, which cannot be canceled or modified 

without substantial loss to the owner or 

operator, to undertake a program of actual 

construction of the source to be completed within 

a reasonable time.

D.9 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.10 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.
FEATHER RIVER AQMD 10.1 - 4

D.11 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.12 Construction: Means any physical change or change in 

the method of operation (including fabrication, 

erection, installation, demolition, or modification of 

an emissions unit) which would result in a change in 

actual emissions.

D.13 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.

D.14 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.15 Day: A calendar day unless otherwise indicated.

D.16 Emission Reduction Credits (ERCs): Reductions of 

actual emissions certified in accordance with the 

requirements of this rule and the District's Banking 

Rules. 

D.17 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.18 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.19 Federally Enforceable: All limitations and conditions 

which are enforceable by the EPA administrator, 

including those requirements developed pursuant to 40 

CFR parts 60, 61 and 63, requirements within the 

California State Implementation Plan (SIP), any permit 

requirements established pursuant to 40 CFR 52.21 or 

under regulations approved pursuant to 40 CFR part 51, 

subpart I, including operating permits issued under an 

EPA-approved program that is incorporated into the SIP 
FEATHER RIVER AQMD 10.1 - 5

and expressly requires adherence to any permit issued 

under such program.

D.20 Fluorides: Elemental fluorine and all fluoride 

compounds.

D.21 Fugitive Emissions: Those emissions which can not 

reasonably pass through a stack, chimney, vent or 

other functionally equivalent opening.

D.22 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. 

D.23 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.24 Impact Analysis: An air quality modeling analysis used 

to estimate the maximum ground level concentration of 

any pollutant subject to this Rule.

D.25 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).
FEATHER RIVER AQMD 10.1 - 6

D.26 Major Modification: A modification, as defined in 

Section D.27, to a major stationary source in the 

SFNA, YC-MNA, or SBNA which results in a significant 

emissions increase of the non-attainment pollutant for 

which the source is classified as a major stationary 

source.

D.27 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 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.28 Necessary Preconstruction Approvals or Permits:

Federal air quality control laws and regulations and 

those air quality control laws and regulations which 

are part of the SIP.

D.29 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.30 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.31 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 
FEATHER RIVER AQMD 10.1 - 7

units and sources that were never required to be 

permitted under the District's New Source Review Rule.

D.32 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.33 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.34 PM2.5: Particulate matter with an aerodynamic diameter 

smaller than or equal to a nominal 2.5 microns.

D.35 PM10: Particulate matter with aerodynamic diameter 

smaller than or equal to a nominal 10 microns.

D.36 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.37 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.

D.38 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:
FEATHER RIVER AQMD 10.1 - 8

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. The nitrate fraction of PM2.5

d. Photochemical oxidants (Ozone)

Sulfur Oxides a. Sulfur dioxide

b. Sulfates

c. The sulfate fraction of PM10

d. The sulfate fraction of PM2.5

D.39 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.40 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.41 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);

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

s. cyclic, branched, or linear completely methylated 
FEATHER RIVER AQMD 10.1 - 9

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 
FEATHER RIVER AQMD 10.1 - 10

unsaturations and with sulfur bonds only to 

carbon and fluorine; and

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.42 Real: A real emission reduction means that actual air 

emissions are reduced.

D.43 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.44 Reduced Sulfur Compounds: The sulfur compounds 

hydrogen sulfide, carbon disulfide, and carbonyl 

sulfide.

D.45 Sacramento Federal Non-Attainment Area for Ozone 

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

the Sacramento Metro Area.

D.46 Seasonal Source: Any source with more than seventyfive percent (75%) of its annual emissions within a 

consecutive 120 day period.

D.47 Shutdown: Either the earlier of the permanent 

cessation of emissions from an emitting unit or the 

surrender of that unit's operating permit.

D.48 Significant: in reference to an emissions increase or 

the potential of a source to emit any of the following 

pollutants, a rate of emissions that would equal or 

exceed any of the following rates:

Area Pollutant Emissions Rate

SBNA Ozone 40 tpy of volatile organic 

compounds or nitrogen oxides

SFNA Ozone 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 
FEATHER RIVER AQMD 10.1 - 11

application.

YC-MNA PM2.5 10 tpy of direct PM2.5 emissions; 

40 tpy of sulfur dioxide or 

nitrogen oxide emissions

D.49 Significant Emissions Increase: For a non-attainment

pollutant, an increase in emissions that is 

significant for that pollutant.

D.50 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. 

D.51 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.52 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 
FEATHER RIVER AQMD 10.1 - 12

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.53 Sutter Buttes Nonattainment Area for Ozone (SBNA): The 

area defined in 40CFR Section 81.305 for the Sutter 

County (part), CA – Sutter Buttes area.

D.54 Total Reduced Sulfur Compounds: The sulfur compounds 

hydrogen sulfide, methyl mercaptan, dimethyl sulfide 

and dimethyl disulfide.

D.55 Volatile Organic Compound(VOC): shall have the same 

meaning as reactive organic gases.

D.56 Yuba City-Marysville Nonattainment Area for PM2.5

(YC-MNA): The area defined in 40CFR Section 81.305 for 

the Yuba City-Marysville, CA area.

E. REQUIREMENTS

Any stationary source subject to this Rule shall be subject 

to the following requirements:
FEATHER RIVER AQMD 10.1 - 13

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 or SBNA 

portions 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 PM2.5 and located in the 

YC-MNA 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.

c. 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.

d. 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.

e. 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
FEATHER RIVER AQMD 10.1 - 14

Table 1: BACT thresholds

Pollutant Pounds/Day

Mercury 0.5

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 or SBNA

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 YC-MNA area for 

PM2.5 which has an emission increase of PM2.5

at a rate that constitutes a new major 

source or a major modification, shall offset 

the entire emission increase from the 

project.

3. 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.

4. 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.

5. 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.
FEATHER RIVER AQMD 10.1 - 15

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 

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 NOx 

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

E.2.a.3.

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.3:1

Within 15-mile radius and within 

the same non-attainment area (i.e. 

SFNA or SBNA)

1.3:1

Greater than 15-mile radius, but 

within 50-mile radius and the same 

non-attainment area (i.e. SFNA or 

SBNA)

1.5:1

More than 50-mile radius and 

within the same non-attainment 

area (i.e. SFNA or SBNA)

2.0:1

Table 3: For projects required to obtain 

PM2.5 offsets pursuant to E.2.a.2

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.0:1

Within 15-mile radius and within 

the YC-MNA 1.2:1

Greater than 15-mile radius, but 

within 50-mile radius and within 

the YC-MNA

1.5:1
FEATHER RIVER AQMD 10.1 - 16

Table 3: For projects required to obtain 

PM2.5 offsets pursuant to E.2.a.2

Location of Emission Offsets

Emission 

Offset 

Ratio

More than 50-mile radius and 

within YC-MNA 2.0:1

Table 4: For projects required to obtain NOx 

or VOC offsets pursuant to E.2.a.4

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 5: For projects required to obtain 

PM10 offsets pursuant to E.2.a.5. 

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.0:1

Within 15-mile radius 1.2:1

Greater than 15-mile radius, but 

within 50-mile radius 1.5:1

More than 50-mile radius 2.0:1

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 
FEATHER RIVER AQMD 10.1 - 17

the provisions of section E.2.e.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 between PM2.5 and 

PM2.5 precursors are allowed at specific 

ratios as approved into the State 

Implementation Plan.

4. 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 

source. In making this determination the APCO shall 

take into account the mitigation of emissions through 

offsets obtained pursuant to this Rule.
FEATHER RIVER AQMD 10.1 - 18

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.

E.8 Potential Visibility Impacts: The APCO shall consult 

with the Federal Land Manager on a proposed major 
FEATHER RIVER AQMD 10.1 - 19

stationary source or major modification that may 

impact visibility in any Class I Area, in accordance 

with 40 CFR 51.307 if the net emissions increase from 

the new or modified source exceeds 10 tons/year of 

PM2.5, 15 tons/year of PM10, or 40 tons/year of NOx; 

and the location of the source, relative to the 

closest boundary of a specified federal Class I area 

is within 20 miles.

F. CALCULATIONS

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.
FEATHER RIVER AQMD 10.1 - 20

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.

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

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 
FEATHER RIVER AQMD 10.1 - 21

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.

H. ADMINISTRATIVE REQUIREMENTS

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, 
FEATHER RIVER AQMD 10.1 - 22

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. 

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):
FEATHER RIVER AQMD 10.1 - 23

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 nonpermitted 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 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 
FEATHER RIVER AQMD 10.1 - 24

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 permit and deem the source shutdown as of the date 

of last emissions.

I. POWER PLANTS

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:
FEATHER RIVER AQMD 10.1 - 25

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 

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:
FEATHER RIVER AQMD 10.1 - 26

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 

non-compliance, 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 

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 - 27

RULE 10.1 - NEW SOURCE REVIEW

FIGURE 1