August 8, 2013

Placer County APCD 502 - 1 Rules and Regulations

RULE 502 NEW SOURCE REVIEW

Adopted 11-12-74

(Amended 05-24-77, 06-19-79, 09-21-93, 11-03-94, 08-09-01, 12-09-04,

rescinded and re-adopted 2-11-10, amended 10-13-11, 8-8-13)

CONTENTS

100 GENERAL

101 PURPOSE

102 APPLICABILITY

103 PUBLIC NOTIFICATION REQUIREMENTS

200 DEFINITIONS

201 ACTUAL EMISSIONS

202 ACTUAL EMISSIONS REDUCTIONS (AER)

203 ACTUAL INTERRUPTIONS OF ELECTRICAL POWER

204 ALLOWABLE EMISSIONS

205 AMBIENT AIR QUALITY STANDARDS

206 BASELINE ACTUAL EMISSIONS (BAE)

207 BEGIN ACTUAL CONSTRUCTION

208 BEST AVAILABLE CONTROL TECHNOLOGY (BACT)

209 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

210 CLASS I AREA

211 COMMENCE

212 CARGO CARRIERS

213 CONSTRUCTION

214 CONTIGUOUS PROPERTY

215 COST-EFFECTIVE

216 EMERGENCY ENGINES

217 EMERGENCY USE

218 EMISSION DECREASE

219 EMISSION REDUCTION CREDITS (ERCs)

220 EMISSIONS LIMITATION

221 EMISSIONS UNIT

222 FEDERALLY ENFORCEABLE

223 FUGITIVE EMISSIONS

224 FUNCTIONALLY EQUIVALENT EMSSION UNIT

225 HALOGENATED HYDROCARBONS

226 HAZARDOUS AIR POLLUTANT (HAP)

227 HISTORIC ACTUAL EMISSIONS (HAE)

228 IDENTICAL EMISSION UNIT

229 LAKE TAHOE AIR BASIN

230 MAJOR STATIONARY SOURCE – SACRAMENTO AIR BASIN

231 MAJOR STATIONARY SOURCE – MOUNTAIN COUNTIES AIR BASIN

232 MAJOR MODIFICATION

233 MODIFICATION

234 MOUNTAIN COUNTIES AIR BASIN

235 NECESSARY PRECONSTRUCTION APPROVALS OR PERMITS

236 NONATTAINMENT POLLUTANT

237 NSR REGULATED POLLUTANT

238 PM2.5

239 PM10

240 PORTABLE EQUIPMENT

241 POTENTIAL TO EMIT (PTE)
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Placer County APCD 502 - 2 Rules and Regulations

242 PRECURSOR

243 PREVENTION OF SIGNIFICANT DETERIORATION (PSD)

244 PRIORITY RESERVE BANK

245 PROPOSED EMISSIONS

246 QUARTERLY

247 QUARTERLY EMISSION LIMITATION

248 REACTIVE ORGANIC COMPOUND

249 RECONSTRUCTED SOURCE

250 REDUCED SULFUR COMPOUNDS

251 REPLACEMENT EQUIPMENT

252 SACRAMENTO VALLEY AIR BASIN

253 SIGNIFICANT

254 SIGNIFICANT EMISSIONS INCREASE

255 STATIONARY SOURCE (SOURCE OR FACILITY)

256 STATIONARY SOURCE PTE

257 SURPLUS

258 TEMPORARY SOURCE

259 TOTAL REDUCED SULFUR COMPOUNDS

300 STANDARDS

301 EMISSION AND OFFSET CALCULATIONS

302 REQUIREMENT TO APPLY BEST AVAILABLE CONTROL TECHNOLOGY

303 OFFSET REQUIREMENTS

304 MAJOR SOURCE ADMINISTRATIVE REQUIREMENTS

305 GENERAL PROVISIONS

400 APPLICATION PROCESSING

401 REQUIREMENT TO SUBMIT APPLICATION

402 COMPLETE APPLICATION REQUIREMENT

403 PRELIMINARY DECISION

404 TIMING FOR FINAL ACTION

405 AUTHORITY TO CONSTRUCT AND PERMIT TO OPERATE CONTENT

406 PUBLICATION AND PUBLIC COMMENT

407 PUBLIC INSPECTION

408 DENIAL, FAILURE TO MEET STANDARDS

409 DENIAL, FAILURE TO MEET CEQA

410 ISSUANCE, PERMIT TO OPERATE

500 ADDITIONAL PROVISIONS FOR POWER PLANTS

600 MONITORING AND RECORDS

601 RECORDKEEPING
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Placer County APCD 502 - 3 Rules and Regulations

100 GENERAL

101 PURPOSE: The purpose of this rule is to provide for the review of new and modified 

stationary air pollution sources and to provide mechanisms, including emission offsets, by 

which authorities to construct for such sources may be granted without interfering with 

the attainment or maintenance of ambient air quality standards.

102 APPLICABILITY: This rule shall apply to all new stationary sources and emissions units 

and all modifications to existing stationary sources and emissions units that, after 

construction, emit or may emit any NSR regulated pollutant within the District.

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.

This rule shall not apply to prescribed burning of forest, agriculture or range land; open 

burning in accordance with District Regulation 3, OPEN BURNING; road construction, or 

any non-point source common to timber harvesting or agricultural practices.

The regulations in effect at the time any application for an Authority to Construct for a 

new or modified source is deemed complete shall apply to that source except when a 

new federal requirement not yet incorporated into this Rule applies to the new or modified 

source.

103 PUBLIC NOTIFICATION REQUIREMENTS: The public notice requirements of Sections 

406 and 407 shall apply if the project is for a new or modified stationary source or 

emissions unit for which offsets are required pursuant to Section 303.1, and to all new or 

modified stationary sources that are projected to emit increased actual lead emissions at 

a rate of 5 tons per year or greater.

200 DEFINITIONS: The following definitions apply for all terms used in this Rule. If a term is not 

defined below, then the definitions provided in Rule 102, DEFINITIONS, and Rule 504, 

EMISSIONS REDUCTION CREDITS, apply in that hierarchical order.

201 ACTUAL EMISSIONS: Emissions having occurred from a source, based on source test 

and actual fuel consumption or process data, or monitoring data. If source test or 

monitoring data is not available, other appropriate, APCO-approved, emission factors 

may be used. Fugitive emissions associated with the emissions unit shall be included in 

the actual emissions of the emissions unit.

202 ACTUAL EMISSIONS REDUCTIONS (AER): The decrease of actual emissions, 

compared to Baseline Actual Emissions, from an emissions unit. AER shall be real, 

federally enforceable, quantifiable, surplus, and permanent.

203 ACTUAL INTERRUPTIONS OF ELECTRICAL POWER: When electrical service is 

interrupted by an unforeseeable event.

204 ALLOWABLE EMISSIONS: The emissions rate of a stationary source calculated using 

the maximum rated capacity of the source (unless the source is subject to federally 

enforceable limits which restrict the operating rate, hours of operation, or both) and the 

most stringent of the following:

204.1 Any applicable standards set forth in these regulations and 40 CFR Part 60, 61, 

or 63;
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204.2 Any applicable emission limitation in the State Implementation Plan (SIP), 

including those with a future compliance date; or

204.3 The emissions rate specified as a federally enforceable permit condition, 

including those with a future compliance date.

205 AMBIENT AIR QUALITY STANDARDS: There are both State and federal ambient air 

quality standards. For the purpose of submittal to the U.S. Environmental Protection 

Agency for inclusion in the California State Implementation Plan all references in this rule 

to Ambient Air Quality Standards shall be interpreted as National Ambient Air Quality 

Standards.

206 BASELINE ACTUAL EMISSIONS (BAE):

206.1 "Baseline Actual Emissions" are the actual emissions for the existing emissions 

unit averaged over the consecutive two (2) year period immediately preceding 

the date of the application. If the last two years are unrepresentative of normal 

source operations as determined by the APCO, then any other 2 consecutive 

year period during the last five years which the APCO determines represents

normal source operations may be used.

206.2 If, at any time during the 2 year period, actual emissions exceeded allowable

emission levels, then actual emissions shall be reduced to reflect emission levels 

that would have occurred if the unit were in compliance with all applicable 

limitations and rules.

206.3 Where an emissions unit has been in operation for less than 2 years, a shorter 

averaging period of at least 12 months may be used, provided that the averaging 

period is representative of the full operational history of the emissions unit. If less 

than 12 months has passed since the date of issuance of the Permit to Operate 

then Actual Emissions shall be used as the Baseline Actual Emissions.

207 BEGIN ACTUAL CONSTRUCTION: Initiation of physical on-site 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 pipe 

work, 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 onsite activities, other than preparatory activities, which mark the start of the change in the 

method of operation.

208 BEST AVAILABLE CONTROL TECHNOLOGY (BACT): The most stringent emission 

limitation or control technique of the following:

208.1 Achieved in practice for such category and class of source; or

208.2 Contained in any SIP approved by the EPA for such category and class of 

source. A specific limitation or control technique shall not apply if the owner of 

the proposed emissions unit demonstrates to the satisfaction of the APCO that 

such a limitation or control technique is not presently achievable; or 

208.3 Contained in an applicable federal New Source Performance Standard; or

208.4 Any other emission limitation or control technique, including process and 

equipment changes of basic or control equipment, found by the APCO to be cost 

effective and technologically feasible for such class or category of sources.
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Placer County APCD 502 - 5 Rules and Regulations

209 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): The California 

Environmental Quality Act, Public Resources Code, Section 21000, et seq.

210 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. The only 

designated Class I area within 20 miles of Placer County as of October 13, 2011 was 

Desolation Wilderness Area in El Dorado County.

211 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:

211.1 Begun, or caused to begin, a continuous program of actual on-site construction 

of the source, to be completed within a reasonable time; or

211.2 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.

212 CARGO CARRIERS: Cargo carriers are trains dedicated to a specific source.

213 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.

214 CONTIGUOUS PROPERTY: 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.

215 COST-EFFECTIVE: A cost per unit of emissions reduction which is lower than or 

equivalent to the maximum unit costs of the same emissions reduction through the use of 

Best Available Control Technology, calculated in current year dollars, in accordance with 

methodology and criteria specified in guidelines developed by the District.

216 EMERGENCY ENGINES: A stationary engine that meets the criteria specified below:

216.1 It is installed for the primary purpose of providing electrical power or mechanical 

work for emergency use and is not the source of primary power at the facility; 

and

216.2 It is operated to provide electrical power or mechanical work during any 

emergency use; and

216.3 It is operated no more than 100 hours per year for maintenance and testing, 

emissions testing or initial start-up testing. Diesel engines may be further limited

by the California Air Resources Board’s Airborne Toxic Control Measure for 

Stationary Compression Engines in Section 93115.6(a)).

217 EMERGENCY USE: The providing of electrical power or mechanical work during any of 

the following events.

217.1 The failure or loss of all or part of normal electrical power service or normal 

natural gas supply to the facility, or the failure of a facility’s internal power 

distribution system:
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Placer County APCD 502 - 6 Rules and Regulations

217.1.1 Which is caused by any reason other than the adherence to a 

contractual obligation the owner or operator has with a third party or any 

other party; and

217.1.2 Which is demonstrated by the owner or operator, to the APCO’s 

satisfaction, to have been beyond the reasonable control of the owner 

or operator.

217.2 The pumping of water or sewage to prevent or mitigate a flood or sewage 

overflow.

217.3 The pumping of water for fire suppression or protection.

217.4 The powering of ALSF-1 or ALSF-2 airport runway lights under category II or III 

weather conditions.

217.5 The pumping of water to maintain pressure in the water distribution system for 

the following reasons:

217.5.1 A pipe break that substantially reduces water pressure; or

217.5.2 High demand on the water supply system due to high use of water for 

fire suppression; or

217.5.3 The breakdown of electric-powered pumping equipment at sewage

treatment facilities or water delivery facilities.

217.6 The emergency operation of ski lifts during an actual interruption of normal 

electrical power service to the facility.

218 EMISSION DECREASE: Any modification that would result in an emission decrease of 

actual emissions.

219 EMISSION REDUCTION CREDITS (ERC): Reductions of actual emissions from 

emission units that are certified by an air district in accordance with that district’s rules

and are issued by the air district in the form of ERC certificates.

220 EMISSIONS LIMITATION: One or more federally enforceable permit conditions specific 

to an emissions unit that restricts its maximum emissions, at or below the emissions 

associated with the maximum design capacity; and that is contained in the latest 

Authority to Construct or enforceable by the latest Permit to Operate for the emission 

unit.

Emissions limitations should be stated in a manner consistent with testing procedures. 

They may be expressed as an enforceable design, operational, or equipment standard.

221 EMISSIONS UNIT: An identifiable operation or piece of process equipment such as an 

article, machine, or other contrivance which controls, emits, may emit, or results in the 

emissions of any air pollutant directly or as fugitive emissions.

222 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 and expressly requires 

adherence to any permit issued under such program.
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Placer County APCD 502 - 7 Rules and Regulations

223 FUGITIVE EMISSIONS: Those emissions that could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening.

224 FUNCTIONALLY EQUIVALENT EMISSION UNIT: An emission unit that serves the 

identical function as the unit being replaced. The maximum rating and the potential to 

emit any pollutant shall not be greater from the functionally equivalent emission unit than 

the replaced unit. The emission increase from any such replacement shall not result in a 

major modification.

225 HALOGENATED HYDROCARBONS: For the purposes of this rule, halogenated 

hydrocarbons are the following:

225.1 1,1,1-trichloroethane

225.2 methylene chloride

225.3 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123)

225.4 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124)

225.5 trichlorofluoromethane (CFC-11)

225.6 dichlorodifluoromethane (CFC-12)

225.7 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113)

225.8 1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114)

225.9 chloropentafluoroethane (CFC-115)

225.10 pentafluoroethane (HFC-125)

225.11 1,1,2,2-tetrafluoroethane (HFC-134)

225.12 tetrafluoroethane (HFC-134a)

225.13 1,1-dichloro-1-fluoroethane (HCFC-141b)

225.14 1-chloro-1,1-difluoroethane (HCFC-142b)

225.15 1,1,1-trifluoroethane (HFC-143a)

225.16 chlorodifluoromethane (HCFC-22)

225.17 trifluoromethane (HFC-23)

225.18 1,1-difluoroethane (HFC-152a)

225.19 The following four classes of perfluorocarbon compounds:

a. Cyclic, branched, or linear, completely fluorinated alkanes.

b. Cyclic, branched, or linear, completely fluorinated ethers, with no 

unsaturations.

c. Cyclic, branched, or linear, completely fluorinated tertiary amines 

with no unsaturations.

d. Sulfur-containing perfluorocarbons with no unsaturations and 

with sulfur bonds only to carbon and fluorine.

e. Perfluorocarbon compounds will be assumed to be absent from 

a product or process unless a manufacturer or facility operator 

identifies the specific individual compounds (from the broad 

classes of perfluorocarbon compounds) and the amounts 

present in the product or process and provides a validated test 

method which can be used to quantify the specific compounds.

226 HAZARDOUS AIR POLLUTANT (HAP): Any air pollutant listed pursuant to Section 

112(b) of the Federal Clean Air Act as amended in 1990 (42 U.S.C. Section 7401 et 

seq.).

227 HISTORIC ACTUAL EMISSIONS (HAE): Historic Actual Emissions shall be calculated 

for each pollutant.

227.1 For a new emissions unit Historic Actual Emissions are equal to zero.

227.2 For an existing emissions unit, Historic Actual Emissions equals either, in 

hierarchical order;
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Placer County APCD 502 - 8 Rules and Regulations

227.2.1 The federally enforceable potential to emit (PTE) limit contained in the 

most recent Authority to Construct or Permit to Operate, if actual 

emissions are at least 80% of the permitted PTE limit, or

227.2.2 The federally enforceable PTE limit contained in the most recent 

Authority to Construct or Permit to Operate, if the emission unit was fully 

offset for any emission increases incurred since September 21, 1993, 

within the 5 year period prior to the date of application for the current 

project, or

227.2.3 The Baseline Actual Emissions.

228 IDENTICAL EMISSION UNIT: A replacement emissions unit which is the same as the 

original unit in all respects except for serial number.

229 LAKE TAHOE AIR BASIN: Established pursuant to Section 39606 of the Health & 

Safety Code of the State of California and as described in Title 17, California Code of 

Regulations, Section 60113 (b), the basin includes that portion of Placer County within 

the drainage area naturally tributary to Lake Tahoe including said Lake, plus that area in 

the vicinity of the head of the Truckee River described as follows: commencing at the 

point common to the aforementioned drainage area crest line and the line common to 

Townships 15 North and 16 North, Mount Diablo Base and Meridian (M.D.B. & M.), and 

following that line in a westerly direction to the northwest corner of Section 3, Township 

15 North, Range 16 East, (M.D.B. & M.), thence south along the west line of Sections 3 

and 10, Township 15 North, Range 16 East, M.D.B. & M., to the intersection with the 

drainage crest line, thence following the said drainage area boundary in a southwesterly, 

then northeasterly direction to and along the Lake Tahoe Dam, thence following the said 

drainage area crest line in a northeasterly, then northwesterly direction to the point of 

beginning. This Air Basin is delineated on an official map on file at the California Air 

Resources Board Headquarters Office.

230 MAJOR STATIONARY SOURCE – SACRAMENTO AIR BASIN: A stationary source 

which emits or has the potential to emit: 25 tons per year (tpy) or more of nitrogen oxides

or reactive organic compounds, or 100 tpy or more of sulfur oxides, or PM2.5. In 

addition, any physical change occurring at a stationary source not otherwise qualifying as 

a major stationary source, which would constitute a major stationary source by itself,

makes the source a major stationary source.

231 MAJOR STATIONARY SOURCE – MOUNTAIN COUNTIES AIR BASIN: A stationary 

source which emits or has the potential to emit 25 tons per year (tpy) or more of nitrogen 

oxides or reactive organic compounds. In addition, any physical change occurring at a 

stationary source not otherwise qualifying as a major stationary source, which would 

constitute a major stationary source by itself, makes the source a major stationary 

source.

232 MAJOR MODIFICATION: A modification to a major stationary source in the Sacramento 

or Mountain Counties Air Basins which results in a significant emissions increase of the 

pollutant for which the source is classified as a major stationary source. For nitrogen 

oxides and reactive organic compounds, the increase shall be aggregated with all other 

increases and decreases in potential to emit over the period of the four consecutive years 

before the application for modification, plus the calendar year of the most recent 

application.

233 MODIFICATION: Any physical change, change in method of operation (including change 

in fuel characteristics), addition to, or any change in hours of operation, or change in 

production rate of, which:
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Placer County APCD 502 - 9 Rules and Regulations

233.1 For an emissions unit: would necessitate a change in permit conditions, permit 

equipment description, or emissions limitation.

233.2 For a stationary source: is a modification of any emissions unit, or addition of any 

new emissions unit.

233.3 Unless previously limited by a permit condition and that permit condition must be 

changed, the following shall not be considered a modification:

233.3.1 A change in ownership.

233.3.2 Routine maintenance and repair, or an identical replacement.

233.3.3 The addition of a continuous emission monitoring system.

233.3.4 The replacement of air pollution control equipment with new control 

equipment if the actual emissions of the new equipment are less than or 

equal to those from the original piece of equipment and the replacement 

is not a major modification under the United States Environmental 

Protection Agency (EPA) regulations promulgated pursuant to Title I of 

the Federal Clean Air Act, including 40 CFR Part 51.

233.3.5 Use of an alternative fuel or raw material by reason of an order under 

Sections 2(a) and (b) of the Energy Supply and Environmental 

Coordination Act of 1974 (or any superseding legislation), or by reason 

of a natural gas curtailment plan pursuant to the Federal Power Act.

233.3.6 Use of an alternative fuel by reason of an order or rule under Section 125 

of the Act.

233.4 A reconstructed stationary source or emissions unit shall be treated as a new 

stationary source or emissions unit, not as a modification.

234 MOUNTAIN COUNTIES AIR BASIN: Established pursuant to Section 39606 of the 

Health & Safety Code of the State of California and as described in Title 17, California 

Code of Regulations, Section 60111 (I), the Mountain Counties Air Basin includes all of 

Placer County except that portion included in the Lake Tahoe Air Basin, defined by 17 

CCR 60113(b), and that portion included in the Sacramento Valley Air Basin, defined by 

17 CCR 60106(k).

235 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.

236 NONATTAINMENT POLLUTANT: Any pollutant as well as any precursors of such 

pollutants which have been designated "nonattainment" by the U.S. Environmental 

Protection Agency as codified in 40 CFR 81.305, or which has been designated 

nonattainment by the California Air Resources Board pursuant to Section 39607 of the 

Health and Safety Code for specific air basins in Placer County.

237 NSR REGULATED POLLUTANT: A pollutant for which an Ambient Air Quality Standard 

has been established by the EPA or by the California Air Resources Board (ARB), and 

the precursors to such pollutants, including, but not limited to, reactive organic 

compounds (ROC), nitrogen oxides (NOx), sulfur oxides (SOx), PM10, PM2.5, carbon 

monoxide (CO) and lead.
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Placer County APCD 502 - 10 Rules and Regulations

238 PM2.5: Particulate matter with an aerodynamic diameter smaller than or equal to a 

nominal 2.5 microns. Gaseous emissions which condense to form PM2.5 shall also be 

counted as PM2.5.

239 PM10: Particulate matter with an aerodynamic diameter smaller than or equal to a 

nominal 10 microns. Gaseous emissions which condense to form PM10 shall also be 

counted as PM10.

240 PORTABLE EQUIPMENT: Equipment that is periodically relocated and is not operated 

more than a total of 180 days at any one location in the District within any continuous 

twelve (12) month period.

241 POTENTIAL TO EMIT (PTE): The maximum physical and operational design capacity to 

emit an air pollutant. Any limitation on the physical or operational design capacity, 

including emission control devices and restrictions on hours of operation, or on the type, 

or amount of material combusted, stored, or processed, may be considered as part of the 

design only if the limitation, or the effect it would have on emissions, is incorporated into 

the Authority to Construct as a federally enforceable permit condition. Fugitive emissions 

associated with the emissions unit or stationary source shall be included in the potential 

to emit of the emissions unit or stationary source.

242 PRECURSOR: A pollutant that, when emitted into the atmosphere, may undergo either a 

chemical or physical change which then produces another pollutant for which an Ambient 

Air Quality Standard has been adopted, or whose presence in the atmosphere will 

contribute to the violation of one or more Ambient Air Quality Standards. The following 

precursor-secondary air contaminant relationships shall be used for the purposes of this 

rule:

Precursor Secondary Air Contaminant

Reactive Organic 

Compound

a. Photochemical oxidants (Ozone)

b. Organic fraction of PM10

Nitrogen Oxides a. Nitrogen dioxide

b. Nitrate fraction of PM10

c. Nitrate fraction of PM2.5

d. Photochemical oxidants (Ozone)

Sulfur Oxides a. Sulfur dioxide

b. Sulfates

c. Sulfate fraction of PM10

d. Sulfate fraction of PM2.5

243 PREVENTION OF SIGNIFICANT DETERIORATION (PSD): A federal permitting 

program for new and modified major stationary sources of air pollution for pollutants that 

do not exceed National Ambient Air Quality Standards.

244 PRIORITY RESERVE BANK: A depository for preserving emission reduction credits 

pursuant to Rule 505, PRIORITY RESERVE.

245 PROPOSED EMISSIONS: Emissions based on the potential to emit for the new or 

modified emissions unit which will be incorporated into the permit as federally

enforceable permit conditions.

246 QUARTERLY: Calendar quarters beginning January 1, April 1, July 1, and October 1.

247 QUARTERLY EMISSION LIMITATION: One or a combination of permit conditions 

specific to an emissions unit that restricts its maximum emissions, in pounds per quarter, 

at or below the emissions associated with the maximum design capacity. A quarterly 

emissions limitation must be:
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247.1 Contained in the latest Authority to Construct or enforceable by the latest Permit 

to Operate for the emissions unit, and

247.2 Enforceable on a quarterly basis.

248 REACTIVE ORGANIC COMPOUND: For the purposes of this rule, reactive organic 

compound (ROC) has the same definition as volatile organic compound (VOC) in Rule 

102, DEFINITIONS.

249 RECONSTRUCTED SOURCE: Any stationary source or emissions unit undergoing 

physical modification where the fixed capital cost of the new components exceeds 50 

percent of the fixed capital cost of a comparable entirely new stationary source or 

emissions unit. Fixed capital cost means that capital needed to provide all the 

depreciable components. A reconstructed source shall be treated as a new stationary 

source or emissions unit.

250 REDUCED SULFUR COMPOUNDS: The sulfur compounds hydrogen sulfide, carbon 

disulfide and carbonyl sulfide.

251 REPLACEMENT EMISSION UNIT: An emissions unit for which all the criteria listed 

below are met. No creditable emission reductions shall be generated from shutting down 

the existing emissions unit that is replaced unless:

251.1 The emissions unit is a reconstructed unit within the meaning of 40 CFR 

60.15(b)(1), or the emissions unit completely takes the place of an existing 

emissions unit, or

251.2 The emissions unit is an identical emission unit or a functionally equivalent 

emission unit, or

251.3 The replacement does not alter the basic design parameters of the process unit, 

and

251.4 The replaced emissions unit is permanently removed from the stationary source, 

otherwise permanently disabled, or permanently barred from operation by a 

permit that is federally enforceable. If the replaced emissions unit is brought back 

into operation, it shall constitute a new emissions unit.

252 SACRAMENTO VALLEY AIR BASIN: Established pursuant to Section 39606 of the 

Health & Safety Code of the State of California and as described in Title 17, California 

Code of Regulations, Section 60106(k), the basin includes that portion of Placer County 

which lies west of Range 9 east, Mount Diablo Base and Meridian (M.D.B. & M.).

253 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:

253.1 Carbon monoxide: 100 tpy;

253.2 Nitrogen oxides: 25 tpy;

253.3 Sulfur dioxide: 40 tpy;

253.4 Ozone: 25 tpy of VOCs or 25 tpy of nitrogen oxides;

253.5 PM10: 15 tpy
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253.6 PM2.5: 10 tpy of direct PM2.5 emissions or 40 tpy of sulfur dioxide emissions or

40 tpy of nitrogen oxide emissions

253.7 Lead: 0.6 tpy.

254 SIGNIFICANT EMISSIONS INCREASE: For a regulated NSR pollutant, an increase in 

emissions that is significant for that pollutant.

255 STATIONARY SOURCE (SOURCE OR FACILITY): Any building, structure, facility, or 

emissions unit that emits or may emit any NSR regulated pollutant directly or as fugitive 

emissions.

255.1 Building, structure, facility, or emissions unit includes all pollutant emitting 

activities which:

255.1.1 belong to the same industrial grouping, and;

255.1.2 are located on one property or on two or more contiguous properties, 

and;

255.1.3 are under the same or common ownership, operation, or control or which 

are owned or operated by entities which are under common control.

255.2 Pollutant emitting activities shall be considered as part of the same industrial 

grouping if:

255.2.1 they belong to the same two digit standard industrial classification code 

under the system described in the 1987 Standard Industrial Classification 

Manual, or;

255.2.2 they are part of a common production process. (Common production 

process includes industrial processes, manufacturing processes and any 

connected processes involving a common material.)

255.3 The emissions of cargo carriers associated with the stationary source shall be 

considered emissions from the stationary source to the extent that emission 

reductions from these cargo carriers are proposed as offsets.

256 STATIONARY SOURCE PTE: The sum of the PTE for each emission unit which has 

been issued a Permit of Operate, Authority to Construct or for which an application has 

been submitted. Any fugitive emissions from such emission units shall be included in this 

calculation.

257 SURPLUS: The amount of emission reductions that are, at the time of generation of an 

Emissions Reduction Credit (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). However, emission 

reductions required by a state statute that provides that the subject emission reductions 

shall be considered surplus may be considered surplus for purposes of this Rule if those 

reductions meet all other applicable requirements.

Examples of federal, state, and local laws, and of SIP-related requirements, include, but 

are not limited to, the following:

257.1 The federally-approved California SIP;
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257.2 Other adopted state air quality laws and regulations not in the SIP, including but 

not limited to, any requirement, regulation, or measure that: (1) the District or the 

state has included on a legally-required and publicly-available 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;

257.3 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

257.4 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.

258 TEMPORARY SOURCE: Temporary emission sources such as pilot plants, and portable 

facilities which will be terminated or located outside the District after less than a 

cumulative total of 90 days of operation in any 12 continuous months.

259 TOTAL REDUCED SULFUR COMPOUNDS: The sulfur compounds hydrogen sulfide, 

methyl mercaptan, dimethyl sulfide and dimethyl disulfide.

300 STANDARDS

301 EMISSION AND OFFSET CALCULATIONS: The following provisions shall be used to 

calculate emission increases and decreases from all new and modified emissions units 

located at a stationary source.

301.1 BACT – Emissions Increase: The emissions increase for each emissions unit 

related to the project for the purposes of determining BACT applicability shall be 

calculated as the proposed emissions minus the Baseline Actual Emissions. 

Calculations shall be performed separately for each emissions unit for each 

calendar quarter.

301.2 Offsets - Emissions Increase or Decrease: The emissions increase or decrease 

for each emissions unit related to the project for the purposes of determining 

Offset applicability shall be calculated as the proposed emissions, minus the 

Historic Actual Emissions. Emission increases or decreases shall be calculated 

for each emission unit and the project as a whole.

301.3 Project Emissions: If a project consists of more than one emission unit, the total 

emissions from all emissions units shall be summed for each pollutant to 

determine the emissions increase for the project. The project includes the entire 

scope of the preconstruction application for a new or modified stationary source.

301.4 Calculation Periods: The emissions increase or decrease for a project shall be 

calculated on a daily, quarterly and annual basis for each pollutant.
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301.5 Potential To Emit - Stationary Sources: The potential to emit of a new or 

modified stationary source shall be calculated as the sum of the potential to emit, 

including fugitive emissions, for all emissions units, based on emission limitations 

established by current Permits to Operate, Authorities to Construct where permits 

to operate have not been issued, and the pending application.

301.6 Quantity of Offsets Required For New Major Sources or Major Modifications: If 

offsets are required pursuant to Section 303.2, the quantity of offsets to be 

provided shall be determined by calculating the emission increase for the project 

and applying the appropriate offset ratio based on pollutant and location as 

specified in Section 303.3. The calculations shall be performed separately for 

each pollutant and each emissions unit for each calendar quarter.

301.7 Quantity of General (State) Offsets Required: If offsets are required pursuant to 

Section 303.1, the quantity of offsets to be provided shall be determined as 

follows:

301.7.1 If offsets have already been provided by a stationary source for a 

particular pollutant, then multiply the emission increase calculated for the 

project by the appropriate offset ratio based on pollutant and location as 

specified in Section 303.3, or

301.7.2 If no offsets have been provided previously by a stationary source for a 

particular pollutant, then subtract the offset threshold specified in Section 

303.1 for that pollutant from the stationary source PTE and multiply the 

value by the appropriate offset ratio based on pollutant and location as 

specified in Section 303.3.

301.8 Quantity of Offsets Required For A Modification That Makes An Existing Source

A Major Stationary Source: When the proposed modification will make an 

existing minor source a new major source, offsets required shall be calculated as 

the sum of proposed PTE for all emissions units installed after September 21, 

1993 based on current permits to operate and Authority to Constructs where 

permits to operate have not been issued, plus the pending application, minus 

offsets supplied since September 21, 1993. Calculations shall be performed 

separately for each pollutant and each emissions unit for each calendar quarter. 

The offset ratios of Section 303.3 shall be applied to determine the ERCs 

required.

302 REQUIREMENT TO APPLY BEST AVAILABLE CONTROL TECHNOLOGY: An 

applicant shall apply Best Available Control Technology (BACT) to a new emissions unit 

or modification of an existing emissions unit, except cargo carriers, if the change would 

result in an increase in quarterly emissions of a NSR regulated pollutant from the new or 

modified emissions unit and if the PTE of the new or modified emissions unit equals or 

exceeds the levels specified below.

Pollutant lb/day

Reactive organic compounds 10

Nitrogen oxides 10

Sulfur oxides 80

PM10 80

PM2.5 80

Carbon monoxide 550

Lead 3.3

Vinyl chloride 5.5

Sulfuric acid mist 38

Hydrogen sulfide 55
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Total reduced sulfur compounds 55

Reduced sulfur compounds 55

303 OFFSET REQUIREMENTS

303.1 General Requirement to Provide Offsets: An applicant whose facility is located in 

the Sacramento Valley Air Basin or the Mountain Counties Air Basin shall provide 

offsets for a NSR regulated pollutant if the potential to emit of a new or modified 

source exceeds either of the threshold quantities listed below:

Pollutant Pounds per quarter Tons per year

Reactive organic compounds 5,000 10

Nitrogen oxides 5,000 10

Sulfur oxides 13,750 27.5

PM10 7,500 15

PM2.5 7,500 15

Carbon monoxide 49,500 99

303.2 Major Source or Major Modification Requirement to Provide Offsets: An 

applicant whose facility is located in the Sacramento Valley Air Basin or the 

Mountain Counties Air Basin, and whose project emissions will result in a new 

major source or major modification, shall provide offsets for each NSR regulated 

pollutant that constitutes a major source or major modification.

303.3 Location of Offsets and Offset Ratios: The applicable offset ratio shall be 

determined based on the location of the new or modified stationary source 

required to provide offsets and the distance to the location of the emission 

offsets, as indicated in the following table.

Offset Ratio Offset Ratio

Location of Offset

NOx and 

ROC

Other 

Pollutants

Same Source 1.0 to 1.0 1.0 to 1.0

Within 15-Mile radius and 

within the same air basin 1.3 to 1.0 1.2 to 1.0

Greater than 15-Miles but 

within 50-Mile radius within 

the same air basin

1.5 to 1.0 1.5 to 1.0

Greater than 50-Mile radius 

and within the same air basin

Greater than

1.5 to 1.0

Greater than

1.5 to 1.0

303.3.1 The APCO may impose, based on the air quality analysis, a higher 

offset ratio such that the new or modified stationary source will not 

prevent or interfere with the attainment or maintenance of any ambient 

air quality standard.

303.3.2 Applicants providing offsets obtained pursuant to Rule 505, PRIORITY 

RESERVE, shall be subject to an offset ratio of 1.2 to 1.0 for all 

pollutants, except NOx and VOC, at all distances. The offset ratio for 

NOx and VOC offsets obtained pursuant to Rule 505, PRIORITY 

RESERVE, shall be subject to an offset ratio of 1.3 to 1.0 at all 

distances.

303.4 General Offset Provisions

303.4.1 All offsets shall be real, surplus, federally enforceable, quantifiable and 

permanent.
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303.4.2 All offsets provided for major sources and major modifications shall be 

surplus at the time ERCs are surrendered to the District.

303.4.3 All offsets shall be surrendered to the District prior to the initial startup 

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.

303.4.4 Offsets can only come from air basins with the same or worse air 

quality designations than that of the stationary source requiring the 

offsets.

303.4.5 In no case shall halogenated hydrocarbons, exempt compounds or any 

other compound excluded from the definition of reactive organic 

compounds, be used as offsets for reactive organic compounds.

303.4.6 For sources which have provided full offsets of total suspended 

particulate (TSP), the PM10 emissions from an existing stationary 

source shall be recalculated from the TSP emission increases and 

decreases which have occurred since December 31, 1976, using 

PM10 emission factors. When PM10 emission factors do not exist, it 

shall be assumed that 50% of the TSP is PM10.

303.5 Timing of Quarterly Emission Offsets: Sufficient offsets shall be provided, from 

the same calendar quarter as the proposed emission increase, with the following 

exceptions:

303.5.1 Emission reductions of reactive organic compounds or nitrogen oxides 

during the quarters starting April 1 or July 1 may be used to offset 

emission increases of the same pollutants during any calendar quarter.

303.5.2 Emission reductions of carbon monoxide during the quarters starting 

January 1 or October 1 may be used to offset emission increases of 

carbon monoxide during any calendar quarter.

303.5.3 Emission reductions of PM10 or PM2.5 during the quarters starting 

January 1 or October 1 may be used to offset emission increases of 

PM10 or PM2.5 during any calendar quarter.

303.5.4 Emission reductions of sulfur oxides during any quarter may be used to 

offset emission increases of sulfur oxides during any calendar quarter.

303.6 Interpollutant Offsets

303.6.1 The APCO may approve interpollutant offsets for precursor pollutants 

on a case by case basis, provided that the applicant demonstrates,

through the use of an air quality model, that the emission increases 

from the new or modified source will not cause or contribute to a 

violation of an ambient air quality standard.

303.6.2 Interpollutant offsets between PM10 and PM10 precursors are allowed 

only if PM10 precursors contribute significantly to the PM10 levels that 

exceed the PM10 ambient standards.

303.6.3 PM10 emissions shall not be allowed to offset nitrogen oxides or 

reactive organic compound emissions in ozone nonattainment areas, 
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nor be allowed to offset sulfur oxide emissions in sulfate nonattainment 

areas.

303.6.4 Interpollutant emission offsets between PM2.5 precursors are not allowed unless modeling 

demonstrates that PM2.5 interpollutant offset ratios are appropriate in an approved PM2.5 attainment 

plan.

303.6.5 EPA and ARB must concur with all proposed interpollutant offsets 

ratios prior to use.

303.7 Intra-District Offsets

303.7.1 ERCs generated in another district may be used to offset emission 

increases in Placer County.

303.7.2 If the ERC generating source and the source with the proposed 

emissions increase are not in the same air basin, both of the following 

requirements must be met:

a. The ERC generating source must be located in an upwind district 

that is classified, pursuant to Health and Safety Code Section 

40910 et seq., as being in the same or a worse nonattainment 

status than the downwind district where the stationary source 

with the proposed emission increases will be located.

b. The stationary source at which the emission increases are to be 

offset must be located in a downwind district that is 

overwhelmingly impacted, as determined pursuant to Health and 

Safety Code Section 39610, by emissions transported from the 

upwind district where the ERC generating source is located.

303.7.3 Any offset credited to a stationary source in one district using offsets 

obtained from reductions at a stationary source in another district shall 

be approved by a resolution adopted by the governing boards of both 

the upwind and downwind districts, after taking into consideration the 

impact of the offset on air quality, public health, and the regional 

economy. The District’s governing board may delegate to the APCO

the Board’s authority to approve the offsets credited.

303.7.4 For ERCs generated in another district, the District may adjust the 

value of such credits to reflect any District requirements that would 

have applied if the credits had been generated within the District.

303.8 Emission Reductions, Shutdowns, and Curtailments: Actual emission reductions 

from an internal shutdown or curtailment of a permitted emission unit may be 

credited for the purposes of providing internal offsets provided:

303.8.1 The crediting of emission reductions from source shutdowns and 

curtailments comply with the current U.S. Environmental Protection 

Agency emissions trading policy and applicable federal regulations; 

and

303.8.2 Emissions reductions are ensured by federally enforceable emission 

limitations contained in the Permit to Operate, or the permanent 

surrender or cancellation of the Permit to Operate; and

303.8.3 If the shutdown emission unit is being replaced with a new or modified 

emission unit, the APCO may allow a maximum of 90 days as a 
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shakedown period for simultaneous operation of the existing and the

new or modified emission unit.

303.9 Exemptions From Offset Requirements

303.9.1 Offsets shall not be required for temporary sources or portable 

equipment, if the emissions from such units do not constitute a major 

source or major modification to a major source.

303.9.2 Offsets shall not be required for an emergency engine which is used 

exclusively for testing, maintenance and emergency use, if the 

emissions from the emergency engine, excluding emergency use, do 

not exceed the offset limit by itself.

303.9.3 Offsets shall not be required for increases in carbon monoxide 

emissions if the applicant, using an Air Quality Model approved by the 

APCO, demonstrates that the increase in ambient concentration does 

not exceed 500 micrograms per cubic meter, 8 hour average, at or 

beyond the property line of the stationary source.

303.9.4 The requirement to provide offsets shall not apply to the following:

a. Relocation of emissions units solely within only one air basin 

within the District, and the relocation does not result in any 

increase in potential to emit.

b. Replacement emissions units, provided the replacement does 

not constitute a major source or major modification.

c. Modifications necessary to comply with any regulations 

contained in Regulation 2 – PROHIBITIONS, or in the SIP, 

unless the modification will result in a major modification. This 

provision does not apply to changes in production rate, hours of 

operation, or any other change or modification not required for 

compliance with Regulation 2 or the SIP.

d. If requested by the APCO, the applicant shall demonstrate 

through the use of an air quality model that the emission 

increases from the new or modified source will not cause or 

contribute to a violation of an ambient air quality standard.

304 MAJOR SOURCE ADMINISTRATIVE REQUIREMENTS: The following administrative 

requirements shall apply to any new major source or major modification regulated by the 

rule. Power plants over 50 megawatts shall be subject to the additional requirements of 

Section 500.

304.1 Alternative Siting: The applicant shall prepare an analysis functionally equivalent 

to the requirements of Division 13 of the Public Resources Code (California 

Environmental Quality Act-CEQA). The District will not issue an Authority to 

Construct unless the APCO has concluded, based on the information included in 

the Alternative Siting Analysis that the benefits of the proposed source 

significantly outweigh the environmental and social cost imposed as a result of its 

location, construction, or modification.

304.2 Certification of Compliance: The owner or operator of the proposed new or 

modified source has certified that all existing major stationary sources owned or 

operated by such person (or by any entity controlling, controlled by, or under 
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common control with such person) in California which are subject to emission 

limitations are in compliance, or on an expeditious schedule for compliance, with 

all applicable emission limitations and standards.

304.3 Potential Visibility Impacts: The APCO shall consult with the Federal Land 

Manager on a proposed major stationary source or major modification that may 

impact visibility in any Class 1 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.

305 GENERAL PROVISIONS

305.1 Air Quality Models: All estimates of ambient concentrations required pursuant to 

this rule shall be based on applicable air quality models, databases, and other 

requirements specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality 

Models”). Where an air quality model specified in 40 CFR Part 51, Appendix W 

(“Guideline on Air Quality Models”) is inappropriate, the model may be modified 

or another model substituted. Such a modification or substitution of a model may 

be made on a case-by-case basis or, where appropriate, on a generic basis. 

Written approval from the United States Environmental Protection Agency (EPA)

must be obtained for any modification or substitution. In addition, use of a 

modified or substituted model must be subject to notice and opportunity for public 

comment.

305.2 Ambient Air Quality Standards: In no case shall emissions from the new or 

modified stationary source prevent or interfere with the attainment or 

maintenance of any applicable ambient air quality standard. The Air Pollution 

Control Officer (APCO) may require the use of an air quality model to estimate 

the effects of a new or modified stationary source. The analysis shall estimate 

the effects of the new or modified stationary source, and verify that the new or 

modified stationary source will not prevent or interfere with the attainment or 

maintenance of any ambient air quality standard. In making this determination 

the APCO shall take into account the mitigation of emissions through offsets 

pursuant to this rule and the impacts of transported pollutants on downwind 

pollutant concentrations. The APCO may impose, based on an air quality 

analysis, offset ratios greater than the requirements of Section 303.2.

400 APPLICATION PROCESSING

401 REQUIREMENT TO SUBMIT APPLICATION: Any person building, erecting, altering or 

replacing any article, machine, equipment or other contrivance, the use of which may 

cause, eliminate, reduce, or control the issuance of air contaminants, shall first obtain 

authorization for such construction from the APCO as specified in this rule. Exemptions 

from this requirement are listed in Rule 501, GENERAL PERMIT REQUIREMENTS. The 

application shall be submitted on forms supplied by the District.

402 COMPLETE APPLICATION REQUIREMENT: The APCO shall determine whether an 

application is complete no later than 30 days after receipt of the application, or after such 

longer time period that the applicant and the APCO have agreed to in writing.

If the APCO determines that the application is not complete, the applicant shall be 

notified in writing of the decision specifying the information required. Upon receipt of any 

re submittal of the application, a new 30-day period to determine completeness shall 

begin. Completeness of an application or a re-submitted application shall be evaluated on 

the basis of the information requirements set forth in District regulations as they exist on 
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the date on which the application or re-submitted application was received, or when the 

CEQA-related information which satisfies the requirements of the District's CEQA

Guidelines has been received, whichever is later.

The APCO may, during the processing of the application, request an applicant to clarify, 

amplify, correct, or otherwise supplement the information submitted in the application.

403 PRELIMINARY DECISION: Following acceptance of an application as complete, the 

APCO shall perform the evaluations required to determine compliance with all applicable 

District rules and regulations and make a preliminary written decision as to whether an 

Authority to Construct should be approved, conditionally approved, or denied.

The decision shall be based on the Section 300 standards 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.

When the District is the CEQA Lead Agency for a project, the APCO shall not issue a 

preliminary decision until the draft Environmental Impact Report or Negative Declaration 

is available for public review. The decision shall be supported by a succinct written 

analysis. For projects requiring offsets, the APCO shall transmit its preliminary written 

decision and analysis to the California Air Resources Board and the U.S. Environmental 

Protection Agency for a 45 day review period. 

404 TIMING FOR FINAL ACTION

404.1 The APCO shall not take final action for any project for which an Environmental 

Impact Report (EIR) or a Negative Declaration is being prepared until a final EIR 

for that project has been certified or a Negative Declaration for that project has 

been approved, and the APCO has considered the information in that final EIR or 

Negative Declaration.

The APCO shall take final action on the application within whichever of the 

following periods of time is longer:

404.1.1 Within 180 days after the certification of the final EIR or approval of the 

Negative Declaration, or

404.1.2 Within 180 days of the date on which the application was determined 

complete by the APCO.

404.2 Except as provided in Section 103, the APCO shall provide written notice of the 

final action to the applicant, any commenters, the U.S. Environmental Protection 

Agency, and the California Air Resources Board.

405 AUTHORITY TO CONSTRUCT AND PERMIT TO OPERATE CONTENT: Each 

Authority to Construct and/or Permit to Operate issued by the APCO shall include the 

following minimum terms and conditions:

405.1 A provision stating that the emission unit shall be operated in a manner 

consistent with the application used to determine compliance with this rule.

405.2 The following emissions limitations shall be included, if applicable:

405.2.1 BACT emission limitations if required by Section 302. Such condition(s) 

shall be expressed in a manner consistent with testing procedures, such 

as ppmv NOx, g/liter VOC, or lbs/hr.
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405.2.2 A quarterly emissions limitation for each offset pollutant, if offsets are

required pursuant to Section 303.

405.2.3 An emission limitation (daily, monthly, or quarterly) shall be contained in 

the Authority to Construct and Permit to Operate for all NSR pollutants 

for which offsets are not being provided pursuant to Section 303, or 

when required to be consistent with ambient air quality standards.

405.3 Design, Operational, or Equipment Standards: If the APCO determines that 

technological or economic limitations on the application of measurement 

methodology to a particular class of sources would make the imposition of a 

numerical emission standard infeasible, the APCO may instead prescribe a 

design, operational, or equipment standard. In such cases, the District shall 

make its best estimate as to the emission rate that will be achieved and shall 

specify that rate in required submissions to the U.S. Environmental Protection 

Agency. Any Authority to Construct or permit issued without an enforceable 

numerical emission standard must contain enforceable conditions which assure 

that the design characteristics or equipment will be properly maintained, or that 

the operational conditions will be properly performed, so as to continuously 

achieve the assumed degree of control.

406 PUBLICATION AND PUBLIC COMMENT: If a proposed project is required to provide 

offsets pursuant to Section 303, or if a proposed project may emit increased actual lead 

emissions at a rate of 5 tons per year or greater, within ten calendar days following a 

preliminary decision, 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 the pertinent information can be obtained, and inviting written public comment for a 

30-day period following the date of publication.

407 PUBLIC INSPECTION: Except as provided in Section 103, 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 date the notice of the preliminary 

decision is published. Information submitted which contains trade secrets shall be 

handled in accordance with Section 6254.7 of the California Government Code and 

relevant sections of the California Administrative Code. Further, all such information shall 

be transmitted no later than the date of publication to the California Air Resources Board 

and the U.S. Environmental Protection Agency regional office, and to any party which 

requests such information.

408 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 District, state, or federal rules or regulations.

409 DENIAL, FAILURE TO MEET CEQA: 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 CEQA.

410 ISSUANCE, PERMIT TO OPERATE: The APCO shall issue a Permit to Operate an 

emissions unit subject to the requirements of this rule after determining that all conditions 

specified in the Authority to Construct have been complied with or will be complied with 

by the dates specified on the Authority to Construct. Such applicable conditions shall be 

contained in the Permit to Operate. Where a new or modified stationary source is, in 

whole or in part, a replacement for an existing stationary source on the same property, 

the APCO may allow a maximum of 90 days as a shakedown period for simultaneous 

operation of the existing stationary source and the new source or replacement.
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500 ADDITIONAL PROVISIONS FOR POWER PLANTS: This Section shall apply to power plants 

with maximum ratings equal to, or in excess of 50 megawatts proposed to be constructed in the 

District and for which a Notice of Intention (NOI) or Application for Certification (AFC) has been 

accepted by the California Energy Commission.

501 Within 14 days of receipt of a Notice of Intention, the APCO shall notify the California Air 

Resources Board and the California Energy Commission of the District's intent to 

participate in the Notice of Intention proceeding. If the District chooses to participate in 

the Notice of Intention proceeding, the APCO shall prepare and submit a report to the 

California Air Resources Board and the California Energy Commission prior to the 

conclusion of the non-adjudicatory hearing specified in Section 25509.5 of the California 

Public Resources Code. That report shall include, at a minimum:

501.1 A preliminary specific definition of Best Available Control Technology for the 

proposed facility;

501.2 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;

501.3 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 Notice of Intention.

502 Upon receipt of an Application for Certification 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 an Authority to Construct 

had been received for the power plant. If the information contained in the Application for 

Certification does not meet the requirements of this rule, the APCO shall, within 20 

calendar days of receipt of the Application for Certification, so inform the California 

Energy Commission, and the Application for Certification shall be considered incomplete 

and returned to the applicant for re-submittal.

503 The APCO shall consider the Application for Certification to be equivalent to an 

application for a permit to construct during the determination of compliance review, and 

shall apply all provisions of this rule which apply to applications for an Authority to 

Construct.

504 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.

505 Within 180 days of accepting an Application for Certification as complete, the APCO shall 

make a preliminary decision on:

505.1 Whether the proposed power plant meets the requirements of this rule and all 

other applicable District regulations, and;

505.2 In the event of compliance, what permit conditions will be required including the 

specific Best Available Control Technology requirements and a description of 

required mitigation measures.

The preliminary written decision of this Section shall be treated as a preliminary decision 

under Section 403 of this Rule, and shall be finalized by the APCO only after being 
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subject to the public notice and comment requirements of Sections 406 and 407. The 

APCO shall not issue a determination of compliance for the power plant unless all 

requirements of this rule are met.

506 Within 240 days of the filing date, the APCO shall issue and submit to the California 

Energy Commission a determination of compliance or, if such a determination cannot be 

issued, shall so inform the California Energy Commission. A determination of compliance 

shall confer the same rights and privileges as an Authority to Construct only when and if 

the California Energy Commission approves the Application for Certification, and the 

California Energy Commission certificate includes all requirements of the conditions 

contained within the determination of compliance.

507 Any applicant receiving a certificate from the California Energy Commission pursuant to 

this Section and in compliance with all conditions of the certificate shall be issued a 

Permit to Operate by the APCO.

600 MONITORING AND RECORDS

601 RECORDKEEPING: The following records shall be maintained for two years. Records 

shall be provided to the APCO upon request.

601.1 Emergency Engines: Records of hours of operation for maintenance purposes 

and for actual interruptions of electrical power. Such records shall include the 

date and hours of operation, as well as the reason for operation.

601.2 Portable and Temporary Equipment: Records of operating location(s) and 

corresponding dates of operation.
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