SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

October 28, 2010 214-1 

RULE 214 – FEDERAL NEW SOURCE REVIEW 

Adopted 10-28-10 

INDEX

100 GENERAL 

101 PURPOSE 

102 APPLICABILITY 

103 SEVERABILITY 

110 EXEMPTION: EMERGENCY EQUIPMENT 

111 [RESERVED] 

112 EXEMPTION: NON-MAJOR AGRICULTURAL STATIONARY SOURCE AND NON-MAJOR 

MODIFICATIONS 

113 EXEMPTION: NOTIFICATION REQUIREMENTS 

114 EXEMPTION: REPLACEMENT EQUIPMENT 

115 EXEMPTION: RULE COMPLIANCE 

116 EXEMPTION: ALTERNATIVE SITING 

117 EXEMPTION: PM10 ATTAINMENT 

200 DEFINITIONS

201 ACTUAL EMISSIONS 

202 ACTUAL INTERRUPTIONS OF ELECTRICAL POWER 

203 AMBIENT AIR QUALITY STANDARDS 

204 BEST AVAILABLE CONTROL TECHNOLOGY 

205 CARGO CARRIERS 

206 CEQA 

207 COMMENCING OPERATION 

208 CONSTRUCTION COMMENCES 

209 CONTIGUOUS PROPERTY 

210 COST-EFFECTIVE 

211 CREDITABLE INCREASES AND DECREASES 

212 EMISSION INCREASE 

213 EMISSION OFFSET 

214 EMISSIONS LIMITATION 

215 EMISSIONS UNIT 

216 EXISTING EMISSIONS UNIT 

217 FEDERAL MAJOR MODIFICATION 

218 FUGITIVE EMISSIONS 

219 HAZARDOUS AIR POLLUTANT 

220 HISTORIC ACTUAL EMISSIONS 

221 HISTORIC POTENTIAL EMISSIONS 

222 IDENTICAL EMISSIONS UNIT 

223 MAJOR MODIFICATION 

224 MAJOR STATIONARY SOURCE 

225 MODIFICATION 

226 NEW EMISSIONS UNIT 

227 NONATTAINMENT POLLUTANT 

228 PEAKING POWER PLANT 

229 PLANTWIDE APPLICABILITY LIMIT (PAL) 

230 PM10 

231 PM2.5 

232 [RESERVED] 

233 POTENTIAL TO EMIT 

234 PRECURSOR 

235 PRIORITY RESERVE BANK 

236 PROJECT 

237 PROPOSED EMISSIONS 
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214-2 October 28, 2010 

238 QUARTER/QUARTERLY 

239 RECONSTRUCTED SOURCE 

240 REGULATED AIR POLLUTANT 

241 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR OZONE 

242 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR PM10 

243 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR PM2.5 

244 STATIONARY SOURCE 

245 [RESERVED] 

300 STANDARDS

301 BEST AVAILABLE CONTROL TECHNOLOGY 

302 EMISSION OFFSET REQUIREMENTS, GENERAL 

303 EMISSION OFFSET RATIOS 

304 INTERPOLLUTANT EMISSION OFFSETS EXCEPT FOR PM2.5 

305 PM2.5 INTERPOLLUTANT EMISSION OFFSETS 

306 AMBIENT AIR QUALITY STANDARDS 

307 DENIAL, FAILURE TO MEET STANDARDS 

308 [RESERVED] 

400 ADMINISTRATIVE REQUIREMENTS

401 ALTERNATIVE SITING 

402 COMPLETE APPLICATION 

403 AIR QUALITY MODELS 

404 ENHANCED NEW SOURCE REVIEW 

405 PRELIMINARY DECISION 

406 PUBLICATION AND PUBLIC COMMENT 

407 PUBLIC INSPECTION 

408 [RESERVED] 

409 AUTHORITY TO CONSTRUCT, FINAL ACTION 

410 REQUIREMENTS, AUTHORITY TO CONSTRUCT AND PERMIT TO OPERATE 

411 ISSUANCE, PERMIT TO OPERATE 

412 REGULATIONS IN FORCE GOVERN 

413 EMISSION AND OFFSET CALCULATIONS 

414 PLANTWIDE APPLICABILITY LIMITS 

415 POWER PLANTS 

500 MONITORING AND RECORDS (NOT APPLICABLE)
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October 28, 2010 214-3 

100 GENERAL

101 PURPOSE: The purpose of this rule is to provide for the issuance of authorities to construct 

and permits to operate at new and modified major stationary air pollution sources and to 

provide mechanisms, including emission offsets, by which authorities to construct such 

sources may be granted without interfering with the attainment or maintenance of ambient air 

quality standards. 

101.1 A facility in possession of a valid Title V Operating Permit issued pursuant to Rule 

207, TITLE V - FEDERAL OPERATING PERMIT PROGRAM, seeking a permit for a 

new emissions unit or a modified emissions unit which qualifies as a Title V 

modification, may choose to have their permit reviewed through an Enhanced New 

Source Review process, thereby meeting all the procedural requirements specified in 

Sections 401 through 408 of Rule 207, TITLE V - FEDERAL OPERATING PERMIT 

PROGRAM and the compliance requirements in Section 305 of Rule 207, TITLE V - 

FEDERAL OPERATING PERMIT PROGRAM. The Title V Operating Permit may be 

amended administratively to reflect this permitting action. 

102 APPLICABILITY: This rule shall apply to emissions units located at new and modified major 

stationary sources which are subject to Rule 201, GENERAL PERMIT REQUIREMENTS, 

except that emissions units exempted by Rule 201 must be included in the potential to emit of 

the stationary source unless the emission unit emits less than 2 pounds per day of each 

pollutant. This rule shall not apply to prescribed burning of forest, or range land, road 

construction or any other non-stationary source common to timber harvesting. This Section 

102 shall not be used to exempt any stationary source or modification, which would be 

subject to review under US Environmental Protection Agency regulations, from permit 

requirements. 

The Enhanced New Source Review process applies only to facilities in possession of a valid 

Title V Operating Permit, which are installing a new emissions unit or performing a Title V 

modification as defined in Rule 207, TITLE V - FEDERAL OPERATING PERMIT PROGRAM, 

and which have specifically requested in writing, in the permit application package, to have 

the application reviewed pursuant to the Enhanced New Source Review process. 

103 SEVERABILITY: If a court of competent jurisdiction issues an order that any provision of this 

rule is invalid, it is the intent of the Board of Directors of the District that other provisions of 

this rule remain in full force and effect to the extent allowed by law. 

110 EXEMPTION: EMERGENCY EQUIPMENT: The Air Pollution Control Officer shall exempt 

an emissions unit from the requirements of Sections 302 and 303, unless installation of such 

equipment would result in a major modification, or be a major stationary source, in and of 

itself; and if it would provide emergency electrical power, emergency water pumping for flood 

control or fire fighting, emergency potable water pumping, or emergency sewage pumping 

provided the following requirements are met. 

110.1 Operation for maintenance purposes shall not exceed 100 hours per year, and such 

maintenance shall be scheduled in cooperation with the District so as to limit air 

quality impact, and 

110.2 Operation of the equipment shall not exceed a total of 200 hours per year, including 

maintenance operation, and 

110.3 Operation of the equipment shall not be for supplying power to a serving utility for 

distribution on the grid, and 

110.4 Operation for other than maintenance purposes shall be limited to actual 

interruptions of electrical power by the serving utility, emergency water pumping for 

flood control or fire fighting, emergency potable water pumping, or emergency 

sewage pumping, or 

110.5 Operation for other than maintenance purposes shall be limited to maintaining the 

safety and preserving the integrity of nuclear power generating systems. 
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214-4 October 28, 2010 

111 [RESERVED]

112 EXEMPTION: NON-MAJOR AGRICULTURAL STATIONARY SOURCE AND NON-MAJOR 

MODIFICATIONS: An agricultural stationary source that is not a major stationary source or 

is not making a major modification is exempt from the requirements of this rule. 

113 EXEMPTION: NOTIFICATION REQUIREMENTS: The requirements of Sections 405, 406, 

407, and 409.2 relating to notification, publication, and public inspection of Preliminary 

Decisions; and notification, publication, and public inspection of Final Action shall not apply if 

the application is for any new or modified emissions unit where the combined potential to emit 

from the project, would have an increase in potential to emit as defined in Section 413.1 of 

less than the amounts listed below. This exemption does not apply if the application is 

reviewed under the Enhanced New Source Review process pursuant to Section 404 or for 

any new or modified emissions unit where emission offsets are required pursuant to Section 

302: 

 Pollutant 

Volatile organic compounds 5,000 pounds per quarter 

Nitrogen oxides 5,000 pounds per quarter 

Sulfur oxides 13,650 pounds per quarter 

PM10 7,300 pounds per quarter 

PM2.5 10 tons per year 

114 EXEMPTION: REPLACEMENT EQUIPMENT: The requirements of Sections 302 and 303 

shall not apply to replacement equipment where 

114.1 The replacement unit(s) is an identical emissions unit(s); or 

114.2 The replacement unit(s) is not a major source or major modification and serves the 

identical function as the unit(s) being replaced where the maximum rating and the 

potential to emit any pollutant will not be greater from the new or modified emission 

unit(s) than the replaced units, and the emission increase calculated pursuant to 

Section 413.2 does not exceed the following levels: 

Pollutant lb/day 

Volatile organic compounds 136 

Nitrogen oxides 136 

Sulfur oxides 150 

PM10 80 

This exemption does not apply to the replacing of air pollution control equipment 

pursuant to Section 225.3e. 

115 EXEMPTION: RULE COMPLIANCE: The requirements of Sections 302 and 303 shall not 

apply to modifications necessary to comply with standards contained in Regulation 4, 

PROHIBITIONS, or in the State Implementation Plan. Where more than one compliance 

option is allowed, this exemption only applies to the emissions resulting from the least 

emissive option. The incremental emissions difference between the least emissive option 

and the selected option must comply with Sections 302 and 303. This exemption shall not 

apply to modifications in production rate, hours of operation, or other changes or additions to 

existing equipment not necessary for compliance with standards contained in District 

Regulation 4, PROHIBITIONS, or in the State Implementation Plan. This exemption also 

does not apply if the modifications for compliance with standards contained in Regulation 4, 

PROHIBITIONS, or the State Implementation Plan are major modifications under the United 

States Environmental Protection Agency regulations promulgated pursuant to Title I of the 

Federal Clean Air Act, including 40 CFR Part 51. 
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October 28, 2010 214-5 

116 EXEMPTION: ALTERNATIVE SITING: If the permit applicant demonstrates that a proposed 

modification to an existing stationary source would not constitute a Federal Major 

Modification, the application for Authority to Construct such modification shall not be subject 

to Section 401, Alternative Siting. 

117 EXEMPTION: PM10 ATTAINMENT: The requirements of this rule shall not apply for PM10, 

if EPA re-designates Sacramento County as attainment for the federal PM10 National 

Ambient Air Quality Standard as codified in 40 CFR 81.305. 

200 DEFINITIONS: Unless otherwise defined below, the terms in this rule are defined in Rule 101, 

GENERAL PROVISIONS AND DEFINITIONS, Rule 201, GENERAL PERMIT REQUIREMENTS, 

Rule 204, EMISSION REDUCTION CREDITS, and Rule 207, TITLE V - FEDERAL OPERATING 

PERMIT PROGRAM. 

201 ACTUAL EMISSIONS: Measured or estimated emissions which most accurately represent 

the emissions from an emissions unit.

202 ACTUAL INTERRUPTIONS OF ELECTRICAL POWER: When electrical service is 

interrupted by an unforeseeable event. 

203 AMBIENT AIR QUALITY STANDARDS: National ambient air quality standards established 

pursuant to 42 U.S.C Section 7409 of the Federal Clean Air Act. 

204 BEST AVAILABLE CONTROL TECHNOLOGY (BACT): 

204.1 For any emissions unit the most stringent of: 

a. The most effective emission control device, emission limit, or technique, 

singly or in combination, which has been required or used for the type of 

equipment comprising such an emissions unit unless the applicant 

demonstrates to the satisfaction of the Air Pollution Control Officer that such 

limitations required on other sources have not been demonstrated to be 

achievable in practice. 

b. Any alternative basic equipment, fuel, process, emission control device or 

technique, singly or in combination, determined to be technologically 

feasible and cost-effective by the Air Pollution Control Officer. 

204.2 In making a BACT determination for each nonattainment pollutant the Air Pollution 

Control Officer may consider the overall effect of the determination on other 

regulated air pollutants. In some cases the lowest emission rates may be required 

for one or more regulated air pollutants at the cost of not achieving the lowest 

emission rate for other pollutants. The Air Pollution Control Officer shall discuss 

these considerations in the Preliminary Decision prepared pursuant to Section 405. 

204.3 Under no circumstances shall BACT be determined to be less stringent than the 

emission control required by any applicable provision of District, state or federal laws 

or regulations, or contained in the implementation plan of any State for such class or 

category of stationary source unless the applicant demonstrates to the satisfaction of 

the Air Pollution Control Officer that such limitations are not achievable. 

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

206 CEQA: The California Environmental Quality Act, Public Resources Code, Section 21000, et 

seq. 

207 COMMENCING OPERATION: Emissions unit becomes operational and begins to emit a 

regulated air pollutant. 
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214-6 October 28, 2010 

208 CONSTRUCTION COMMENCES: A person has all necessary preconstruction approvals or 

permits and either has: 

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

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

208.2 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. 

209 CONTIGUOUS PROPERTY: Two or more parcels of land with a common boundary or 

separated solely by a public roadway or other public right-of-way. 

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

to the maximum unit costs, for the regulated air pollutant or source category, of the same 

emission reduction through the use of Best Available Control Technology, calculated in 

current year dollars, in accordance with methodology and criteria specified in the BACT 

Policy developed by the District. Cost effectiveness consideration shall not apply to 

stationary sources that are a major stationary source or major modification. 

211 CREDITABLE INCREASES AND DECREASES: 

211.1 An increase or decrease in actual emissions is creditable only if: 

a. It occurs between: 

1. the date five years before construction commences on the project 

and 

2. the date the project commences operation; and 

b. The Air Pollution Control Officer has not relied on it in issuing a permit which 

permit is in effect when the increase in actual emissions from the particular 

change occurs. 

211.2 An increase in actual emissions is creditable only to the extent that the new level of 

actual emissions exceeds the old level. 

211.3 A decrease in actual emissions is creditable only to the extent that: 

a. The old level of actual emission or the old level of allowable emissions 

whichever is lower, exceeds the new level of actual emissions; 

b. It is enforceable as a practical matter at and after the time that actual 

construction on the particular change begins; and 

c. The Air Pollution Control Officer has not relied on it in issuing any permit 

under regulations approved pursuant to 40 CFR part 51 subpart I or the 

State has not relied on it in demonstrating attainment or reasonable further 

progress; 

d. It has approximately the same qualitative significance for public health and 

welfare as that attributed to the increase from the particular change. 

211.4 An increase that results from a physical change at a source occurs when the 

emissions unit on which construction occurred becomes operational and begins to 

emit a particular pollutant. Any replacement unit that requires shakedown becomes 

operational only after a reasonable shakedown period, not to exceed 180 days. 

212 EMISSION INCREASE: An increase calculated pursuant to Section 413. 

213 EMISSION OFFSET: An emission reduction credit that compensates for an emission 

increase of a regulated air pollutant from a new or modified source subject to the 

requirements of Sections 302 and 303. 
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October 28, 2010 214-7 

214 EMISSIONS LIMITATION: One or more permit conditions specific to an emissions unit which 

restricts its maximum emissions, at or below the emissions associated with the maximum 

design capacity and, 

214.1 Contained in and enforceable by the latest Authority to Construct and Permit to 

Operate for the emissions unit, and 

214.2 Enforceable pursuant to Section 410, and 

214.3 Enforceable on a daily, quarterly, and where applicable, annual basis. 

215 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 regulated air pollutant or hazardous air pollutant (HAP), directly or as 

fugitive emissions. Emissions unit shall not include the open burning of agricultural biomass. 

216 EXISTING EMISSIONS UNIT: Any emissions unit that is not a new emissions unit.

217 FEDERAL MAJOR MODIFICATION: Exclusively for the purpose of Section 116, a Major 

Modification as defined in 40 CFR Section 51.165(a)(1)(v) (July 1, 2010 edition). 

217.1 All terms used in the definition of Major Modification shall be as defined in 40 CFR 

51.165(a)(1)(v), except that: 

a. the term “reviewing authority” as used in that Section shall mean the 

Sacramento Metropolitan Air Quality Management District; 

b. the term “major stationary source” as used in that Section means a Major 

Stationary Source as defined in Section 224; and 

c. the term “significant” as used in that Section means a rate of emissions that 

would equal or exceed the rates specified in Section 223. 

218 FUGITIVE EMISSIONS: Those emissions which could not reasonably pass through a stack, 

chimney, vent or other functionally equivalent opening. 

219 HAZARDOUS AIR POLLUTANT (HAP): Any air pollutant listed pursuant to Section 112(b) 

(42 U.S.C Section 7412(b) of the Federal Clean Air Act). 

220 HISTORIC ACTUAL EMISSIONS: 

220.1 Existing emissions units: Historic actual emissions for the existing emissions unit 

averaged over the two year period immediately preceding the date of application for 

an Authority to Construct. 

a. If the last two years are unrepresentative of normal source operations as 

determined by the Air Pollution Control Officer, then any two consecutive 

years of the last five years that represent normal source operation may be 

used. 

b. The daily Historic Actual Emissions for each calendar quarter equals the 

actual emissions for the calendar quarter divided by the total number of 

actual operating days. If there are no records for actual operating days, then 

use the number of permitted operating days or calendar days, whichever is 

less. 

c. If, at any time during the two year period, actual emissions exceeded 

allowed or permitted emission levels, then actual emissions shall be reduced 

to reflect the levels that would have occurred if the unit were in compliance 

with all applicable limitations and rules. 

d. If less than two years has passed since the date of commencing operation 

under an issued Permit to Operate or an Authority to Construct then the 

historic actual emissions, for the purpose of this rule, shall be the potential to 

emit. 

220.2 New emissions unit: Zero. 
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214-8 October 28, 2010 

221 HISTORIC POTENTIAL EMISSIONS: The historic potential emissions shall be: 

221.1 New Emissions Unit: Zero. 

221.2 Emissions units not part of a major modification as defined in Section 223: 

a. When determining BACT applicability, existing emissions units that 

had enforceable daily emissions limits on the Authority to Construct or 

Permit to Operate prior to modification: The potential to emit of the 

emissions unit prior to modification as represented by the enforceable daily 

limiting condition on the permit. 

b. When determining quarterly offsets trigger and quantity of offsets 

required existing emissions units that had enforceable quarterly 

emissions limits on the Authority to Construct or Permit to Operate 

prior to modification: The potential to emit of the emissions unit prior to 

modification as represented by the enforceable quarterly limiting condition 

on the permit.

c. When determining daily offsets trigger at Peaking Power Plants, or for 

when determining the daily limit specified in Section 303.2, existing 

emissions units that had enforceable daily emissions limits on the 

Authority to Construct or Permit to Operate prior to modification: The 

potential to emit of the emissions unit prior to modification as represented by 

the enforceable daily limiting conditions on the permit.

221.3 All other Emission Units:

a. The historic potential emissions equal to the enforceable potential to emit 

limit contained in the most recent Authority to Construct or Permit to 

Operate, if any of the following criteria are met: 

i. Actual emissions are at least 80% of the potential to emit limit, or 

ii. The emissions unit was fully offset for any emission increase. If the 

emissions increase from the project, including the emissions unit 

being evaluated, will result in a major source in and of itself, as 

defined in Section 224, or a major modification, as defined in 

Section 223, then the offset of the nonattainment pollutant for the 

emissions unit must have occurred during the 5 year period prior to 

the date that the application is deemed complete, otherwise this 

provision is not applicable; or 

b. The historic actual emissions as defined in Section 220.1. 

222 IDENTICAL EMISSIONS UNIT: A replacement emissions unit which is the same as the 

original unit in all respects except for serial number. 

223 MAJOR MODIFICATION: A Modification as defined in Section 225, to a stationary source 

classified as a major source for: 

223.1 VOC or NOx emissions, which results in an emission increase for the project as 

determined by Section 413.6, which when aggregated with all other creditable 

increases and decreases in emissions from the source is equal to or exceeding any 

of the following thresholds: 

a. 25 tons per year of volatile organic compounds; 

b. 25 tons per year of nitrogen oxides; or 

223.2 PM10 or a PM10 precursor emissions, which results in an emission increase for the 

project as determined by Section 413.6, which when aggregated with all other 

creditable increases and decreases in emissions from the source is equal to or 

exceeding any of the following thresholds: 

a. 40 tons per year of volatile organic compounds; 

b. 40 tons per year of nitrogen oxides; 

c. 40 tons per year of sulfur oxides; or 

d. 15 tons per year of PM10. 
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October 28, 2010 214-9 

223.3 PM2.5 or a PM2.5 precursor emissions, which results in an emission increase in the 

potential to emit for the project as determined by Section 413.6, which when 

aggregated with all other creditable increases and decreases in emissions from the 

source is equal to or exceeding any of the following thresholds: 

a. 10 tons per year of direct PM2.5; 

b. 40 tons per year of sulfur dioxide 

c. 40 tons per year of volatile organic compounds if volatile organic 

compounds is determined to be a necessary part of the PM2.5 control 

strategy in the attainment demonstration and is approved by EPA in the 

State Implementation Plan; or 

d. The significance level established in the attainment demonstration, if 

ammonia is determined to be a necessary part of the PM2.5 control strategy 

in the attainment demonstration and is approved by EPA in the State 

Implementation Plan. 

224 MAJOR STATIONARY SOURCE: A stationary source is a major source for the regulated air 

pollutant if it emits or has the potential to emit a regulated air pollutant in quantities equal to or 

exceeding any of the following thresholds: 

224.1 25 tons per year of volatile organic compounds; 

224.2 25 tons per year of nitrogen oxides; 

224.3 100 tons per year of PM10; or 100 tons per year of sulfur oxides as a PM10 

precursor; 

224.4 100 tons per year of directly emitted PM2.5, or 100 tons per year of nitrogen oxides 

or sulfur oxides as PM2.5 precursors; or 

224.5 [RESERVED] 

224.6 100 tons per year of volatile organic compounds or ammonia as a PM2.5 precursor, 

if volatile organic compounds or ammonia is determined to be a necessary part of 

the PM2.5 control strategy in the attainment demonstration and is approved by EPA 

into the State Implementation Plan, 

Emissions associated with emissions units exempt from permit requirements pursuant to 

Rule 201, GENERAL PERMIT REQUIREMENTS, shall be included in the potential to emit of 

the stationary source unless the emissions unit emits less than 2 pounds per day of each 

pollutant. Notwithstanding the previous sentence, emissions units exempted by Rule 201, 

Sections 111 and 113 shall not be included in the potential to emit calculations. Fugitive 

emissions associated with the emissions unit or stationary source shall not be included in the 

potential to emit of the emissions unit or stationary source for the purpose of determining 

whether the source is major unless the source belongs to one of the categories of stationary 

sources included in Rule 207, TITLE V - FEDERAL OPERATING PERMIT PROGRAM, 

Section 219.3. 

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

fuel), or addition, which: 

225.1 For an emissions unit would necessitate a change in a permit condition or result in 

the potential to emit being higher than the historic potential emissions. 

225.2 For a stationary source: 

a. is a modification of any emissions unit, or 

b. addition of any new emissions unit. 

225.3 Unless previously limited by a permit condition, the following shall not be considered 

a modification for the purpose of this rule: 

a. A change in ownership. 

b. Routine maintenance and repair. 

c. A reconstructed stationary source or emissions unit, which shall be treated 

as a new stationary source or emissions unit, not as a modification. 

d. The addition of a continuous emission monitoring system. 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

214-10 October 28, 2010 

e. Replacing of air pollution control equipment with new control equipment if 

the emissions of the new equipment are less than or equal to those from the 

original piece of equipment as determined by Section 413.3 and the 

replacement is not a major modification as defined in this rule. 

226 NEW EMISSIONS UNIT: An emissions unit which has not commenced operation.

227 NONATTAINMENT POLLUTANT: Any pollutant and any precursors of such pollutants 

which have been designated "nonattainment" for the District by the US Environmental 

Protection Agency as codified in 40 CFR 81.305. 

228 PEAKING POWER PLANT: A fossil-fueled combustion turbine power generation unit or 

other power generation unit with an actual annual capacity factor of 25% or less, which is 

used during peak electricity demand periods, and may operate for short periods, with frequent 

start-ups and shutdowns. Emergency equipment that is operated in compliance with the 

requirements of Section 110 is not considered a peaking power plant. 

229 PLANTWIDE APPLICABILITY LIMIT (PAL): Exclusively for the purpose of Section 116, an 

emission limitation expressed in tons per year, for a pollutant at a major stationary source, 

that is enforceable as a practical matter and established source-wide in accordance with 40 

CFR Section 51.165(f)(1) through (f)(15). 

229.1 All terms used in 40 CFR 51.165(f) shall be as defined in 40 CFR 51.165(f)(2) or if 

not defined in 40 CFR 51.165(a)(1), as each subsection exists on July 1, 2010, 

except that: 

a. the term “reviewing authority” as used in those Sections shall mean the 

Sacramento Metropolitan Air Quality Management District. 

230 PM10: Particulate matter with an aerodynamic diameter smaller than or equal to a nominal 10 

microns. 

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

2.5 microns. 

232 [RESERVED] 

233 POTENTIAL TO EMIT: The maximum physical and operational design capacity to emit a 

pollutant. Limitations on the physical or operational design capacity, including emissions 

control devices and limitations on hours of operation, may be considered only if such 

limitations are incorporated into the applicable Authority to Construct and Permit to Operate 

as a practically enforceable permit condition. The potential to emit shall include all directly 

emitted emissions. Fugitive emissions are only included in potential to emit if the source 

belongs to one of the categories of stationary sources included in Rule 207, TITLE V – 

FEDERAL OPERATING PERMIT PROGRAM, Section 219.3. 

234 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: 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

October 28, 2010 214-11 

Precursor Secondary Air Contaminant 

Volatile Organic a. Photochemical oxidants (Ozone) 

Compound b. Organic fraction of PM10 

c. Organic fraction of PM2.5, if volatile 

organic compounds is determined to be a 

necessary part of the PM2.5 control 

strategy in the attainment demonstration 

approved by EPA in the State 

Implementation Plan 

-------------------- --------------------------------------- 

Nitrogen Oxides a. Nitrogen dioxide 

b. Nitrate fraction of PM10 

c. Photochemical oxidants (Ozone) 

d. Nitrate fraction of PM2.5 

-------------------- --------------------------------------- 

Sulfur Oxides a. Sulfur dioxide 

b. Sulfates 

c. Sulfate fraction of PM10 

d. Sulfate fraction of PM2.5 

-------------------- --------------------------------------- 

Ammonia a. Nitrate fraction of PM2.5, if ammonia is 

determined to be a necessary part of the 

PM2.5 control strategy in the attainment 

demonstration approved by EPA in the 

State Implementation Plan. 

--------------------- --------------------------------------- 

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

pursuant to Rule 205, COMMUNITY BANK AND PRIORITY RESERVE BANK for use as an 

emission offset in accordance with Sections 302, 303, and 413. 

236 PROJECT: A project includes all of the emissions units associated with the scope of the 

preconstruction application for a new or modified stationary source and any emissions units 

indirectly affected. 

237 PROPOSED EMISSIONS: Emissions based on the potential to emit for the emissions unit. 

238 QUARTER/QUARTERLY: Calendar quarters beginning January 1, April 1, July 1, and 

October 1. 

239 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 and install all the depreciable components: 

this includes the cost of parts and labor. A reconstructed source shall be treated as a new 

stationary source or emissions unit. 

240 REGULATED AIR POLLUTANT: Any air pollutant for which there is a national ambient air 

quality standard, or a precursor to such air pollutant. 

241 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR OZONE: The area defined in 40 

CFR Section 81.305. 

242 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR PM10: The area defined in 40 

CFR Section 81.305. 
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214-12 October 28, 2010 

243 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR PM2.5: The area defined in 40 

CFR Section 81.305. 

244 STATIONARY SOURCE: Any building, structure, facility, or emissions unit which emits or 

may emit any regulated air pollutant directly or as a fugitive emission. 

244.1 Building, structure, facility, or emissions unit includes all pollutant emitting activities 

which: 

a. belong to the same industrial grouping, and 

b. are located on one property or on two or more contiguous properties, and 

c. are under the same or common ownership, operation, or control or which 

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

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

grouping if: 

a. they belong to the same two-digit standard industrial classification code, or 

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

process includes industrial processes, manufacturing processes and any 

connected processes involving a common material.) 

244.3 The emissions within District boundaries of cargo carriers associated with the 

stationary source shall be considered emissions from the stationary source to the 

extent that emission reductions from cargo carriers are proposed as emission 

offsets. 

245 [RESERVED]

300 STANDARDS

301 BEST AVAILABLE CONTROL TECHNOLOGY: An applicant shall apply Best Available 

Control Technology to a new emissions unit or modification of an existing emissions unit, 

except cargo carriers, for each emissions change of a regulated air pollutant, if the change 

would result in an emission increase calculated pursuant to Section 413.2 of more than the 

levels specified in Section 301.1. 

301.1 Pollutant lb/day 

Volatile organic compounds 0 

Nitrogen oxides 0 

Sulfur oxides 0 

PM10 0 

PM2.5 0 

302 EMISSION OFFSET REQUIREMENTS, GENERAL:

302.1 An applicant shall provide emission offsets for a regulated air pollutant where the 

potential to emit of that pollutant calculated pursuant to Section 413.4, meets or 

exceeds the following levels: 

a. For new major stationary sources: 

Pollutant 

Volatile organic compounds 12,500 lbs/quarter 

Nitrogen oxides 12,500 lbs/quarter 

Sulfur oxides 22,812 lbs/quarter 

PM10 7,300 lbs/quarter 

PM2.5 100 tons/year 

If Ammonia is determined to be a necessary part of the PM2.5 control 

strategy in the attainment demonstration approved by EPA in the State 

Implementation Plan: 

Ammonia 100 ton/year 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

October 28, 2010 214-13 

b. For modifications: 

Pollutant 

Volatile organic compounds 12,500 lbs/quarter 

Nitrogen oxides 12,500 lbs/quarter 

Sulfur oxides 20,000 lbs/quarter 

PM10 7,300 lbs/quarter 

PM2.5 10 ton/year 

The level set in the attainment demonstration approved by EPA into the 

State Implementation Plan for ammonia if ammonia is determined to be a 

necessary part of the PM2.5 control strategy in the attainment 

demonstration. 

302.2 For a peaking power plant, if the emissions increase calculated pursuant to Section 

413.4 is below the levels in Section 302.1, an applicant shall provide emission offsets 

for the regulated air pollutant where the daily emission increase calculated pursuant 

to Section 413.4 exceeds the following levels: 

a. Pollutant lb/day 

Volatile organic compounds 250 

Nitrogen oxides 250 

Sulfur oxides 250 

PM10 80 

302.3 Except for PM2.5 or as provided in Section 302.3a, b, c, or d; sufficient emission 

offsets shall be provided from the same calendar quarter as the proposed emissions. 

 The quantity of offsets required shall be determined using the calculation 

procedures specified in Section 413.5. 

a. Emission credits for volatile organic compounds and nitrogen oxides during 

the quarters starting April 1 and July 1 may be used to offset emission 

increases during any quarter except as provided below. 

1. Emission credits from the quarter starting April 1 that will be used in 

the quarter starting July 1 shall not exceed more than 20% of a 

project’s volatile organic compound or nitrogen oxides offset needs, 

as applicable, in the quarter beginning July 1. 

2. Emission credits from the quarter starting July 1 that will be used in 

the quarter starting April 1 shall not exceed more than 20% of a 

project’s volatile organic compound or nitrogen oxides needs, as 

applicable, in the quarter beginning April 1. 

b. Emission credits for volatile organic compounds and nitrogen oxides during 

quarters starting January 1 and October 1 may be used to offset emission 

increases during either quarter starting January 1 and October 1. 

c. Emission credits for PM10, and sulfur oxides during the quarters starting 

January 1 and October 1 may be used during any quarter except as 

provided below. 

1. Emission credits from the quarter starting January 1 that will be 

used in the quarter starting October 1 shall not exceed more than 

20% of a project’s PM10, and sulfur oxides offset needs, as 

applicable, in the quarter beginning October 1. 

2. Emission credits from the quarter starting October 1 that will be 

used in the quarter starting January 1 shall not exceed more than 

20% of a project’s PM10, and sulfur oxides offset needs, as 

applicable, in the quarter beginning January 1. 

d. Emission credits for PM10, and sulfur oxides during quarters starting April 1 

and June 1 may be used to offset emission increases during either quarter 

starting April 1 and June 1. 

302.4 Emission offsets shall be obtained pursuant to Rule 204, EMISSION REDUCTION 

CREDITS, Rule 205, COMMUNITY BANK AND PRIORITY RESERVE BANK, or 

Rule 206, MOBILE AND TRANSPORTATION SOURCE EMISSION REDUCTION 

CREDITS, or pursuant to an adopted emission reduction credit rule in another air 

district that meets the requirements of Section 302.6. 
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214-14 October 28, 2010 

302.5 If an application for an Authority to Construct is received for an emissions unit that 

had previously obtained emission reduction credits for the shutdown of that 

emissions unit under Rule 204, EMISSION REDUCTION CREDITS, then sufficient 

emission offsets shall be provided consistent with Section 302. If the emissions unit 

does not trigger emission offsets in accordance with this section then the applicant 

shall provide sufficient emission offsets to offset the lesser of the amount of the 

emission reduction obtained pursuant to Rule 204, EMISSION REDUCTION 

CREDITS or the potential to emit from the emissions unit. 

302.6 Emission offsets which are required and obtained pursuant to permitting and/or 

banking actions in a district other than that in which the proposed source is located 

may be used only if the Air Pollution Control Officer has reviewed the permit 

conditions and/or banking action issued by the other district in which the proposed 

emission offsets are obtained and made a determination that the impact of using 

such emission offsets meets the requirements of District Rules and Regulations, 

state, and federal requirements. An offset ratio not less than the levels specified in 

Section 303 shall be applied as necessary to discount the offsets and mitigate the 

associated impact. 

302.7 [RESERVED] 

302.8 [RESERVED] 

302.9 For major stationary sources or major modifications, emission offsets for volatile 

organic compounds and nitrogen oxides must be obtained from within the 

Sacramento Federal Nonattainment Area for ozone. 

302.10 For major stationary sources or major modifications that exceed the levels in Section 

223.3, emissions offsets for PM2.5 and PM2.5 precursors must be obtained within 

the Sacramento Federal Nonattainment Area for PM2.5 and emission offsets for 

PM10 must be obtained within Sacramento County as long as Sacramento County is 

a federal PM10 nonattainment area. 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

October 28, 2010 214-15 

303 EMISSION OFFSET RATIOS: The applicable offset ratio for use in Section 413.5 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 

tables. 

303.1 Except as provided in Section 303.2, an applicant shall provide emission offsets for 

emissions from a new or modified stationary source using the following ratios: 

Location of Emission 

Offset 

Emission Offset Ratio 

Volatile organic 

compounds or 

Nitrogen oxides 

PM2.5 or 

ammonia if 

determined to 

be PM2.5 

precursor by 

Section 234 

Other 

Nonattainment 

pollutants 

Attainment 

pollutants 

Same Source 

1.3 to 1.0 if used at 

a major stationary 

source or major 

modification at a 

major source 

OR 

1.0 to 1.0 if used for 

non-major 

modifications 

1.0 to 1.0 1.0 to 1.0 1.0 to 1.0 

Within 15-mile radius 

1.3 to 1.0 if used at 

a major stationary 

source or major 

modification at a 

major source 

OR 

1.2 to 1.0 if used for 

non-major 

modifications 

1.2 to 1.0 1.2 to 1.0 1.1 to 1.0 

Greater than 15-mile but 

within 50-mile radius 2.0 to 1.0 2.0 to 1.0 2.0 to 1.0 1.2 to 1.0 

More than 50-mile radius >2.0 to 1.0 (*) >2.0 to 1.0 (*) >2.0 to 1.0 (*) >1.2 to 1.0 (*) 

(*) based on case by case determination 

303.2 Applicants providing emission offsets obtained pursuant to Rule 205, COMMUNITY 

BANK AND PRIORITY RESERVE BANK and applicants providing emission offsets 

obtained pursuant to Rule 206, Mobile and Transportation Source Emission 

Reduction Credits, shall provide emission offsets for all pollutants at all distances 

pursuant to the following: 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

214-16 October 28, 2010 

Emission offsets obtained from 

Rule 205, COMMUNITY BANK AND PRIORITY RESERVE BANK, or 

Rule 206, MOBILE AND TRANSPORTATION SOURCE EMISSION 

REDUCTION CREDITS 

Source Type/Pollutant Emission offset ratio 

For use by non-major modifications for all pollutants if 

the non-major modifications has an increase in 

emissions calculated pursuant to Section 413.4 of 250 

lbs/day or less of VOC, NOx, and SOx, and 80 lbs/day 

or less of PM10. 

1.0 to 1.0 

If the non-major modification has an increase in 

emissions calculated pursuant to Section 413.4 that is 

greater than 250 lbs/day of VOC, NOx, and SOx, or 

greater than 80 lbs/day of PM10. 

1.2 to 1.0 

For use by major stationary sources or major 

modifications for volatile organic compounds or 

nitrogen oxides 

1.3 to 1.0 

For use by major stationary sources or major 

modifications for other nonattainment pollutants, except 

for PM2.5, and all attainment pollutants 

1.2 to 1.0 

For PM2.5 or ammonia if determined to be PM2.5 

precursor by Section 234 

1.0 to 1.0 

304 INTERPOLLUTANT EMISSION OFFSETS EXCEPT FOR PM2.5: Interpollutant emission 

offsets are discouraged and may only be allowed between precursor contaminants. The Air 

Pollution Control Officer may approve interpollutant emission offsets for precursor pollutants 

on a case by case basis, except for PM2.5 which is subject to Section 305, 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. In such cases, the Air Pollution Control Officer shall impose, based on an 

air quality analysis, emission offset ratios in addition to the requirements of Section 303. 

Interpollutant emission offsets between PM10 and PM10 precursors may be allowed. PM10 

emissions shall not be allowed to offset nitrogen oxides or volatile organic compound 

emissions in ozone nonattainment areas, nor be allowed to offset sulfur oxide emissions in 

sulfate nonattainment areas. In no case shall the compounds excluded from the definition of 

Volatile Organic Compounds be used as offsets for Volatile Organic Compounds. 

Interpollutant emission offsets used at a major stationary source must receive written 

approval by the US Environmental Protection Agency. 

305 PM2.5 INTERPOLLUTANT EMISSION OFFSETS: Interpollutant emission offsets between 

PM2.5 and PM2.5 precursors are allowed at specific ratios as set by US EPA pursuant to the 

following, unless State modeling demonstrates that lower offset ratios are appropriate in an 

attainment plan approved by the US Environmental Protection Agency into the State 

Implementation Plan: 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

October 28, 2010 214-17 

PM2.5 Interpollutant Emission Offset Ratios 

Precursor Primary PM2.5 

Interpollutant Offset Ratio 

NOx to Primary PM2.5 100.0 to 1.0 

SOx to Primary PM2.5 40.0 to 1.0 

VOC to Primary PM2.5 Not allowed unless an offset ratio is established in 

the attainment demonstration approved by EPA 

into the State Implementation Plan 

Ammonia to Primary PM2.5 Not allowed unless an offset ratio is established in 

the attainment demonstration approved by EPA 

into the State Implementation Plan 

NOx to SOx Not allowed unless an offset ratio is established in 

the attainment demonstration approved by EPA 

into the State Implementation Plan 

306 AMBIENT AIR QUALITY STANDARDS: In no case shall emissions from a 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 may require the use of an air 

quality model to estimate the effects of a new or modified stationary source. In making this 

determination the Air Pollution Control Officer shall take into account the mitigation of 

emissions through emission offsets obtained pursuant to this rule. 

307 DENIAL, FAILURE TO MEET STANDARDS: The Air Pollution Control Officer shall deny 

any Authority to Construct or Permit to Operate if the Air Pollution Control Officer finds that 

the subject of the application would not comply with the standards set forth in District, state, 

or federal rules, regulations or statutes. 

308 [RESERVED] 

400 ADMINISTRATIVE REQUIREMENTS: The following administrative requirements in Sections 

401-414 shall apply to any activities regulated by this rule, except for the review of power plants over 

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

Section 415. 

401 ALTERNATIVE SITING: Except as provided in Section 116, for major sources or major 

modifications for which an analysis of alternative sites, sizes, and production processes is 

required under Section 173(a)(5) 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. 

402 COMPLETE APPLICATION: The Air Pollution Control Officer shall determine whether the 

application is complete not later than 30 days after receipt of the application, or after such 

longer time as both the applicant and the Air Pollution Control Officer have agreed in writing. 

If the Air Pollution Control Officer 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 re-submitted application shall be evaluated on 

the basis of the information requirements set forth in the District's List and Criteria as it exists 

on the date on which the application or re-submitted application was received, and on 

payment of the appropriate fee pursuant to Rule 301 - PERMIT FEES, STATIONARY 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

214-18 October 28, 2010 

SOURCES. The Air Pollution Control Officer may, during the processing of the application, 

request an applicant to clarify, amplify, correct, or otherwise supplement the information 

submitted in the application. 

403 AIR QUALITY MODELS: All air quality models used for the purposes of this rule shall be 

consistent with the requirements provided in the most recent edition of US Environmental 

Protection Agency "Guidelines on Air Quality Models, 40 CFR 51 Appendix W" unless the Air 

Pollution Control Officer finds that such model is inappropriate for use. After making such 

finding the Air Pollution Control Officer may designate an alternate model only after allowing 

for public comment, and only with concurrence of the US Environmental Protection Agency. 

Credit shall not be given for stacks higher than that dictated by good engineering practice. All 

modeling costs associated with the siting of a stationary source shall be borne by the 

applicant. 

404 ENHANCED NEW SOURCE REVIEW: Applications for which the applicant has requested 

review pursuant to this Section shall be reviewed in accordance with the procedural 

requirements specified in Sections 401 through 408 of District Rule 207, TITLE V FEDERAL 

OPERATING PERMIT PROGRAM. 

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

Pollution Control Officer shall perform the evaluations required to determine compliance with 

all applicable District, state and federal rules, regulations, or statutes and shall make a 

preliminary written decision as to whether an Authority to Construct should be approved, 

conditionally approved, or denied. The decision shall be supported by a succinct written 

analysis. 

405.1 Except as provided in Section 113, the Air Pollution Control Officer shall transmit to 

the US Environmental Protection Agency its preliminary written decision and analysis 

for sources subject to Sections 301 or 302, upon issuance of the preliminary decision 

for a 30-day period. 

406 PUBLICATION AND PUBLIC COMMENT: Except as provided in Section 113, within ten 

calendar days following a preliminary decision pursuant to Section 300, Standards, of this 

rule, the Air Pollution Control Officer shall publish in at least one newspaper of general 

circulation in the District a notice stating the preliminary decision of the Air Pollution Control 

Officer, noting how pertinent information can be obtained, and inviting written public comment 

for a 30-day period following the date of publication. The notice shall include the time and 

place of any hearing that may be held, including a statement of procedure to request a 

hearing (unless a hearing has already been scheduled). The Air Pollution Control Officer 

shall give notice of any public hearing at least 30 days in advance of the hearing. 

407 PUBLIC INSPECTION: Except as provided in Section 113, the Air Pollution Control Officer 

shall make available for public inspection at the District's office the information submitted by 

the applicant and the Air Pollution Control Officer's analysis no later than the date the notice 

of the preliminary decision is published, pursuant to Section 406. All such information shall 

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

the US Environmental Protection Agency regional office, and to any party which requests 

such information. 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. 

408 [RESERVED] 

409 AUTHORITY TO CONSTRUCT, FINAL ACTION:

409.1 a. Except as provided in Sections 409.1b and 409.1c, the Air Pollution Control 

Officer shall take final action on the application, after considering all written 

comments, no later than 180 days after acceptance of an application as 

complete. 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

October 28, 2010 214-19 

b. The Air Pollution Control Officer 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 Air 

Pollution Control Officer has considered the information in that final EIR or 

Negative Declaration. The Air Pollution Control Officer shall take final action 

on the application within whichever of the following periods of time is longer: 

1. Within 180 days after the certification of the final EIR or approval of 

the Negative Declaration, or 

2. Within 180 days of the date on which the application was 

determined complete by the Air Pollution Control Officer. 

c. The Air Pollution Control Officer shall take final action on applications 

reviewed pursuant to the Enhanced New Source Review Process no later 

than 18 months after acceptance of an application as complete. 

409.2 Except as provided in Section 113, the Air Pollution Control Officer shall provide 

written notice of the final action to the applicant, the US Environmental Protection 

Agency, and the California Air Resources Board, and shall publish such notice in a 

newspaper of general circulation and shall make the notice and all supporting 

documents available for public inspection at the District's office. 

410 REQUIREMENTS, AUTHORITY TO CONSTRUCT AND PERMIT TO OPERATE:

410.1 General Conditions: As a condition for the issuance of a Permit to Operate, the Air 

Pollution Control Officer shall require that the emissions unit and stationary source, 

and any emissions units which provide emission offsets, be operated in the manner 

stated in making the analysis required to determine compliance with this rule, and as 

conditioned in the Authority to Construct. 

410.2 Emissions Limitations: The following emissions limitations shall be included on the 

Authority to Construct and Permit to Operate. 

a. Emission limitations which reflect Best Available Control Technology, if 

applicable. Such condition shall be expressed in a manner consistent with 

testing procedures, such as ppmv NOx, g/liter VOC, or lbs/MMBtu. 

b. An enforceable daily emissions limitation, for emissions units subject to 

Sections 114.2, and 302.2, and a quarterly emissions limitation for all 

regulated air pollutants, and an enforceable annual emissions limitation for 

PM2.5 and for any regulated air pollutant for which the stationary source 

exceeds the major source or major modification thresholds listed in Section 

223 or 224. Enforceable daily emission limits are also required for 

emissions units not required to install BACT pursuant to Section 413.2. 

c. If the Air Pollution Control Officer 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 Air Pollution Control Officer may instead prescribe a 

design, operational, or equipment standard. In such cases, the Air Pollution 

Control Officer shall make a best estimate as to the emission rate that will 

be achieved. Any permits issued without an enforceable numerical emission 

standard must contain enforceable conditions that 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. The Air Pollution Control Officer 

shall discuss the determination in the Preliminary Decision prepared 

pursuant to Section 405. 

d. The emissions limitation shall be no less stringent than the applicable 

emission standards given in 40 CFR Part 60, Standards of Performance for 

New Stationary Sources, and 40 CFR Part 61 and 63, National Emission 

Standards for Hazardous Air Pollutants. 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

214-20 October 28, 2010 

410.3 Emission offsets: The following conditions shall be included on the Authority to 

Construct and Permit to Operate: 

a. Before the Air Pollution Control Officer shall approve or conditionally 

approve an application for an Authority to Construct, the applicant shall 

supply evidence of a sufficient number of emission reduction credits to meet 

any offset obligation in accordance with this rule. 

b. The operation of any emissions unit which provides emission offsets shall be 

subject to enforceable permit conditions, containing specific emissions and 

operational limitations, to ensure that the emission reductions are provided 

in accordance with the provisions of this rule. 

c. For major stationary sources and major modifications, all emission 

reductions claimed as offset credit shall be enforceable as a practical 

matter. 

d. A violation of the emission limitation provisions of any contract pursuant to 

Rule 204, EMISSION REDUCTION CREDITS, shall be a violation of this 

rule by the owner or operator of the permitted stationary source. 

e. The operation of any emissions unit which uses emission offsets provided 

by another emissions unit shall be subject to enforceable permit conditions, 

containing specific emissions and operational limits, to ensure that the 

emission reductions are used in accordance with the provisions of District 

rules and shall continue for the reasonably expected life of the proposed 

emissions unit. 

f. Any offsets required pursuant to Sections 302, 303 or any other state or 

federal law or regulation must be surrendered prior to commencing 

operation of the new or modified source, and the emission offsets shall be 

maintained throughout the operation of the new or modified source which is 

the beneficiary of the emission offsets. 

411 ISSUANCE, PERMIT TO OPERATE: In addition to the requirements of Rule 207, TITLE V 

FEDERAL OPERATING PERMIT PROGRAM if applicable, the Air Pollution Control Officer 

shall issue a Permit to Operate an emissions unit, pursuant to Rule 201, GENERAL PERMIT 

REQUIREMENTS, subject to the requirements of this rule if it is determined that any offsets 

required as a condition of an Authority to Construct or amendment to a Permit to Operate will 

commence not later than the initial operation of the new or modified source, and that the 

emission offsets shall be maintained throughout the operation of the new or modified source 

which is the beneficiary of the emission offsets. Further, the Air Pollution Control Officer shall 

determine 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 Air Pollution Control Officer may allow a maximum of 90 days as a startup 

period for simultaneous operation of the existing stationary source and the new replacement 

source. 

412 REGULATIONS IN FORCE GOVERN: An Authority to Construct shall be granted or denied 

based on Best Available Control Technology and emission offset requirements of Sections 

301, 302, and 303 in force on the date the application is deemed complete, as defined in 

Section 402, except when a new federal requirement not yet incorporated into this rule 

applies to the new or modified source. In addition, the Air Pollution Control Officer shall deny 

an Authority to Construct for any new stationary source or modification, or any portion 

thereof, unless: 

412.1 The new source or modification, or applicable portion thereof, complies with the 

provisions of this rule and all other applicable district rules and regulations; and 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

October 28, 2010 214-21 

412.2 The owner or operator of the proposed new or modified stationary source has 

demonstrated that all major stationary sources owned or operated by such person 

(or by an entity controlling, controlled by, or under common control with such 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 in the 

Federal Act. 

413 EMISSION AND OFFSET CALCULATIONS: The following provisions shall be used: 

413.1 Notification – Increase in Potential to Emit: The increase in potential to emit for 

purposes of determining whether Section 113 – Exemption: Notification 

Requirements applies shall be calculated by subtracting the potential to emit for the 

project prior to modification from the potential to emit for the project. 

413.2 BACT – Emissions Increase: The emissions increase for the purposes of 

determining BACT applicability pursuant to Section 301 shall be calculated as the 

daily Potential to emit minus the daily Historic Potential Emissions. The increase 

must be calculated as daily emissions, and calculated separately for each emissions 

unit associated with the project. 

413.3 Replacing of Air Pollution Control Equipment – Emissions Increase: The emissions 

increase for the purposes of replacing of air pollution control equipment with new 

control equipment pursuant to Section 225.3e shall be calculated as the sum of 

emissions increases from Section 413.2 for all emissions units in the project. 

413.4 Offsets Trigger: For the purposes of determining whether Offsets are required 

pursuant to Sections 302.1 and 302.2, emissions shall be calculated as:. 

a. For SOx, PM10, and PM2.5: the sum of the potential to emit for all 

emissions units at the stationary source installed after January 1, 1977 plus 

the sum of the potential to emit minus Historic Potential Emissions for all 

emissions units installed prior to January 1, 1977 and modified after January 

1, 1977 as determined by Section 413.5 of this rule or procedures specified 

in this rule at time of modification. 

The increase must be calculated using daily emissions for peaking power 

plants and for purposes of Section 303.2 and quarterly emissions for all 

other purposes for SOx and PM10. The increase must be calculated in 

yearly emissions for PM2.5. 

b. For VOC and NOx: the sum of the potential to emit for all emissions units at 

the stationary source. The increase must be calculated using daily 

emissions for peaking power plants and quarterly emission, for all other 

purposes. 

c. For VOC and NOx for purposes of Section 303.2: the sum of the potential to 

emit for all emissions units at the stationary source installed after January 1, 

1977 plus the sum of the potential to emit minus Historic Potential Emissions 

for all emissions units installed prior to January 1, 1977 and modified after 

January 1, 1977. 

413.5 Quantity of Offsets Required: If offsets are required pursuant to Section 302, the 

quantity of offsets to be provided shall be determined as follows: 

a. Multiply the sum of all increases of the potential to emit minus the Historic 

Potential Emissions for the emissions units associated with a project by the 

appropriate offset ratio based on pollutant and location as specified in 

Section 303. 

b. The calculations shall be performed separately for each pollutant for each 

calendar quarter or, where the offset threshold is specified in tons/yr on an 

annual basis. 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

214-22 October 28, 2010 

413.6 Emission Increase for Major Modification: The emissions increase from the project 

for purposes of Section 223 is the sum of the Potential to Emit for the project minus 

the Historic Actual Emissions, as defined in Section 220.1, for the project. However, 

the potential to emit, instead of historic actual emissions, can be used for emissions 

units if either of the following conditions applies: 

a. Actual emissions are at least 80% of the potential to emit limit, or 

b. The emissions unit was fully offset for any emissions increase during the 5 

year period prior to the date that the application is deemed complete. 

414 PLANTWIDE APPLICABILITY LIMITS: Exclusively for the purpose of Section 116, the 

operator of a major stationary source may apply to the Air Pollution Control Officer pursuant 

to Rule 201, GENERAL PERMIT REQUIREMENTS to establish a PAL. 

414.1 All PALs shall be established according to the provisions of 40 CFR 51.165(f); and 

414.2 All PALs shall comply with the requirements under 40 CFR 51.165(f) to either 

maintain, renew or retire the PAL. 

415 POWER PLANTS: 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 (AFC) has 

been accepted by the California Energy Commission. 

415.1 Within 14 days of receipt of a Notice of Intention, the Air Pollution Control Officer 

shall notify the 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 Air Pollution Control 

Officer 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: 

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; 

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 Notice of Intention. 

415.2 Upon receipt of an Application for Certification for a power plant, the Air Pollution 

Control Officer 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 a permit 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 Air Pollution Control Officer 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 resubmittal. 

415.3 The Air Pollution Control Officer 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 a permit to construct. 

415.4 The Air Pollution Control Officer may request from the applicant any information 

necessary for the completion of the determination of compliance review. If the Air 

Pollution Control Officer is unable to obtain the information, the Air Pollution Control 

Officer may petition the presiding Commissioner of the California Energy 

Commission for an order directing the applicant to supply such information. 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

October 28, 2010 214-23 

415.5 Within 180 days of accepting an Application for Certification as complete, the Air 

Pollution Control Officer shall make a preliminary decision on: 

a. whether the proposed power plant meets the requirements of this rule and 

all other applicable district regulations; and 

b. in the event of compliance, what permit conditions will be required including 

the specific Best Available Control Technology requirements and a 

description of required mitigation measures. 

The preliminary written decision shall be treated as a preliminary decision 

under Section 405 of this rule, and shall be finalized by the Air Pollution 

Control Officer only after being subject to the public notice and comment 

requirements of Sections 405 and 406. The Air Pollution Control Officer 

shall not issue a determination of compliance unless all requirements of this 

rule are met. 

415.6 Within 240 days of the filing date, the Air Pollution Control Officer 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 conditions of the determination of compliance. 

415.7 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 Air Pollution Control Officer. 
SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS 

214-24 October 28, 2010 

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