STATE OF CALIFORNIA 

ENVIRONMENTAL PROTECTION AGENCY

AIR RESOURCES BOARD 

P. O. Box 2815 

Sacramento, California 95812 

September 15, 2010 

ARB Staff Rule Review Results 

To: Mr. Kevin J. Williams, 

Program Coordinator 

Sacramento Metropolitan Air Quality Management District 

Telephone Number: (916) 874-4851 

e-mail: kjwilliams@airquality.org 

From: Alex Krichevsky, (916) 324-6222 

e-mail: akrichev@arb.ca.gov 

The following proposed rules, which are scheduled for a hearing to be held by your 

District Board on September 23, 2010, were received by us on August 24, 2010, for our 

review: 

Rule 202 New Source Review 

Rule 214 Federal New Source Review 

Rule 215 Agricultural Permit Requirements and New Agricultural Permit 

Review 

The Air Resources Board staff has reviewed the rules and, based on the information 

available to us at this time, we have no comments. 

The rules were examined by the Stationary Source Division and by the Monitoring and 

Laboratory Division. 

If you have any questions, please contact me by e-mail or at the telephone number 

above. 

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September 23, 2010 214-1 

RULE 202 -214 – FEDERAL NEW SOURCE REVIEW 

Adopted 09-23-10

INDEX

100 GENERAL 

101 PURPOSE 

102 APPLICABILITY 

103 SEVERABILITY 

110 EXEMPTION: EMERGENCY EQUIPMENT 

111 EXEMPTION: TEMPORARY SOURCE

111 [RESERVED]

112 EXEMPTION: NON-MAJOR AGRICULTURAL STATIONARY SOURCE AND NONMAJOR 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 PORTABLE EQUIPMENT

232 [RESERVED]

233 POTENTIAL TO EMIT 

234 PRECURSOR 

235 PRIORITY RESERVE BANK 
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214-2 September 23, 2010 

236 PROJECT 

237 PROPOSED EMISSIONS 

238 QUARTER/QUARTERLY 

239 RECONSTRUCTED SOURCE 

240 REGULATED AIR POLLUTANT 

241 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR OZONE

242 SACRAMENTO FEDERAL NONATTAINMENT AREA FOR PM2.5

243 STATIONARY SOURCE 

244 TEMPORARY SOURCE [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 DENIAL, FAILURE TO MEET CEQA

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 SUBMITTAL OF BACT DETERMINATIONS

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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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 new and modifiedmajor 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 

significant 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 all newemissions units located at new and 

modified major stationary sources and emissions units and all modifications to existing 

stationary sources and emissions units which are subject to Rule 201, GENERAL 

PERMIT REQUIREMENTS, except for 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. 

Note: Major sources are subject to this rule and Rule 214, FEDERAL NEW SOURCE 

REVIEW.

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 affect 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 source, 

in and of itself; if the stationary source and emissions unit are not a major stationary 

source or are not a major modification 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 

Comment [LY1]: As written, 

the rule would only apply to 

existing major sources. 

Please revise to make it 

clear that rule also applies 

to both new and modified 

major sources. Same fix is 

needed in Section 102. 

Comment [LY2]: In Section 

102 you revised the language 

so that any Title V 

modification can request use 

of the Enhanced NSR process. 

This change should be 

reflected here as well. 

Comment [LY3]: There seems 

to be something missing 

here. Applicability applies 

to all EU’s subject to Rule 

201, and then the same 

sentence goes on to impose a 

requirement of what must be 

included in PTE of the SS. 

Comment [LY4]: Exemption 

should only apply if not 

otherwise triggering federal 

offset requirements. 
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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. 

111 [RESERVED]

111 EXEMPTION: TEMPORARY SOURCE: The Air Pollution Control Officer shall exempt 

an emissions unit from the requirements of Sections 302 and 303, if it is 

111.1 A temporary source; and 

111.2 Is not a major stationary source or major modification or is not located at a major 

stationary source; and

111.3 The emission increase for the project calculated pursuant to Section 413.3 does 

not exceed the following levels:

Pollutant lb/day

Volatile organic compounds 150

Nitrogen oxides 150

Sulfur oxides 150

PM10 80

Carbon monoxide 550

112 EXEMPTION: NON-MAJOR AGRICULTURAL STATIONARY SOURCE AND NONMAJOR MODIFICATIONS: An agricultural emission unit that is not a major stationary 

source or 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 

quarterNitrogen oxides 5,000 pounds per 

quarterSulfur oxides 13,650 pounds per 

quarterPM10 7,300 pounds per 

quarter 

PM2.5 10 tons per yearCarbon 

monoxide 49,500 pounds per quarter

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 

Comment [LY5]: Please revise 

to clarify the District’s 

intention. Only non major 

SS and non major mods should 

be exempted. 
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PM10 80 

CO 550

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. 

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: State and nationalNational ambient air quality 

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

California Health and Safety Code Section 39606. 

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 regulated airnonattainment pollutant 

the Air Pollution Control Officer may consider the overall effect of the 

determination on other regulated air pollutants. In some cases the lowest 
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214-6 September 23, 2010 

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. 

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 
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September 23, 2010 214-7 

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. 

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), excluding paragraph 

(a)(1)(v)(D) (July 1, 2009 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 223.1 a through 

f. 

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 

Comment [LY6]: This needs to 

come out of R202 as well. 

First draft had a 217.2 

section that was duplicative 

of (a)(1)(v)(D), and 

therefore could be excluded 

here, but since the .2 

paragraph is deleted, it 

cannot be excluded here. 
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214-8 September 23, 2010 

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. 

220.2 New emissions unit: Historic actual emissions for a new emissions unit located 

at a major stationary source or part of a major modification: Zero. 

220.3 New emissions unit if the emissions unit is not located at a major source 

and not part of a major modification: 

a. If less than one year 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. 

b. If one year or more but less than two years have passed since the date 

of issuance of the Permit to Operate or an Authority to Construct then the 

historic actual emissions shall be the actual emissions over the one year 

period immediately preceding the date of application. 

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

221.1 New Emissions Unit: Zero. 

221.2 Non-Major Modifications: 

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 of a 

non-attainment pollutant during the 5 year period prior to 

application submittal, or 

iii. For SOx and CO, the latest Authority to Construct was issued 

and equipment installed before January 1, 1977

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 

Comment [LY7]: At the time 

of initial installation the 

HAE is zero, but after 

installation for up to 2 

years, the HAE is allowed to 

be the HPE when evaluating a 

mod. See 40 CFR 51.165 

(a)(1)(xxxv)(c). Same issue 

in Section 221. 

Comment [LY8]: Doesn’t R214 

only apply to major sources 

and mods? Should this Rule 

202 language be deleted from 

R214? 

Comment [LY9]: Before this 

applicability tests can be 

made for non-major mods, the 

section must require the 

source to determine if the 

project is a major mod as 

defined in Section 223. 

Comment [LY10]: This 

provision must be revised as 

indicated to only allow 

units which were fully 

offset within the last 5 

years (ie within the 

contemporaneous period) to 

use their PTE for emission 

calculation purposes. 
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September 23, 2010 214-9 

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 A Modification as defined in Section 225 to a major stationary source VOC or 

NOx emissions, which results in an emission increase in the potential to emit for 

the project as determined by Section 413.6 and, 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; or

b. 25 tons per year of nitrogen oxides;.

c. 40 tons per year of sulfur oxides;

d. 15 tons per year of PM10; 

e. 10 tons per year of direct PM2.5; or 

f. 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;

g. 100 tons per year of carbon monoxide; or

h. 0.6 tons per year of lead.

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.

223.23 For purposes of determining offset location restrictions pursuant to Section 

302.10, a Modification as defined in Section 225 to a major stationary source 

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

and 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 PM2.5The levels in 223.1d and 223.1e; 

b. 40 tons per year of sulfur dioxide; 

c. 40 tons per year of nitrogen oxides;

d. 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 

e. The significance level established in the attainment demonstration100 

tons per year of ammonia, 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

224.5 100 tons per year of carbon monoxide; or

224.5 [RESERVED]

Comment [LY11]: EPA suggests 

providing a separate 

subsection for each NA 

pollutant, since a source 

must be major for the 

specific pollutant before an 

emission increase can be 

significant and thus major 

for that pollutant. 
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224.6 The significance level established in the attainment demonstration100 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, except for emissions units exempted 

by Rule 201 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. 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 its 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. 

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 where less than two years has passed since 

the date of commencing operation under an issued Permit to Operate or an Authority to 

Construct whichever is earlier.

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, or which have been designated 

nonattainment for the District by the California Air Resources Board pursuant to Section 

39608 of the Health and Safety Code. 

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)(2)(v1) through (f)(15). 

229.1 All terms used in 40 CFR 51.165(f) shall be as defined in 40 CFR 51.165(a)(1) 

Comment [LY12]: The wording 

appears to conflict unless 

the suggested edit is made. 

Please clarify. 

Comment [LY13]: This 

definition does not include 

a brand new proposed unit, 

since it is keyed off the 

date of commencing 

operation. As the term is 

used within the rule, it 

seems the intent should be 

for it to apply to new – 

i.e. to be constructed units 

as well. Please clarify. 
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September 23, 2010 214-11 

and 40 CFR 51.165(f)(2) or if not defined, as defined in 40 CFR 51.165(a)(1), as 

it each subsection exists on March 23, 2006, 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 as measured by an applicable reference test method or methods 

found in Article 2, Subchapter 6, Title 17, California Code of Regulations (commencing 

with Section 94100). 

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

nominal 2.5 microns as measured by an applicable reference test method or methods 

found in Article 2, Subchapter 6, Title 17, California Code of Regulations (commencing 

with Section 94100). 

232 PORTABLE EQUIPMENT: Equipment which is periodically relocated and is not operated 

more than a total of 180 days at any one stationary source in the District within a 

continuous 12 month period.

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 

both all directly emitted and fugitive 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: 

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 

Comment [LY14]: Suggest 

using the July 1, 2010 date 

to reference the latest 

version of this regulation. 

Other edits made to properly 

reference 40 CFR sections. 

Comment [LY15]: Suggest 

making two separate 

statements, otherwise, one 

states that they must always 

be included, and one says 

only include in specified 

cases. See also the 

language at the end of 

Section 224. 
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-------------------- --------------------------------------- 

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 or state

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 for the Sacramento Metropolitan area.

SACRAMENTO FEDERAL NONATTAINMENT AREA FOR PM10: All of Sacramento County.

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

40 CFR Section 81.305 for the Sacramento Metropolitan Region. 

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

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

243.1 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. 

243.2 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.) 

Comment [LY16]: Since the 

boundaries are different for 

each pollutant, it is 

probably best to define all 

three NA areas. See usage in 

302.10 
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243.3 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. 

244 TEMPORARY SOURCE: Emission sources such as pilot plants and portable facilities 

that will be terminated or located outside the District after less than a cumulative total of 90 days 

of operation in any continuous 12 months.

244 [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. Notwithstanding the preceding sentence, 

if the modification is a major modification, then the applicant shall apply Best Available 

Control Technology for each regulated pollutant that triggers major modification 

requirements.

301.1 Pollutant lb/day 

Volatile organic compounds 0 

Nitrogen oxides 0 

Sulfur oxides 0 

PM10 0 

PM2.5 0 

Carbon monoxide 550

Lead 3.3

302 EMISSION OFFSET REQUIREMENTS, GENERAL:

302.1 Except as provided in Sections 302.7 and 302.8, aAn applicant shall provide 

emission offsets for a regulated air pollutant where the emission 

increasepotential 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 5,000 lb12,500 

lbs/quarter 

Nitrogen oxides 5,000 lb12,500 

lbs/quarter 

Sulfur oxides 13,650 lb22,812

lbs/quarter 

PM10 7,300 lbs/quarter 

PM2.5 15 ton100 tons/year 

Carbon monoxide 49,500 lb/quarter

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

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

Comment [LY17]: This states 

that offsets are required 

where the “emission 

increase” meets or exceeds 

the listed levels, but 

Section 413.4 requires the 

summing of PTE for all EU’s 

installed after 1977. 

Please revise to refer to 

PTE rather than emission 

increase 
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214-14 September 23, 2010 

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, where 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 for new and modified stationary 

sources where the daily emission increase calculated pursuant to Section 413.4 

exceeds the following levels: 

a. Pollutant lb/day 

Volatile organic compounds 150

250

Nitrogen oxides 150

250

Sulfur oxides 150250

PM10 80 

Carbon monoxide 550

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 carbon monoxide, 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 carbon monoxide, 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 carbon monoxide, PM10, and sulfur 

oxides offset needs, as applicable, in the quarter beginning 

January 1. 

d. Emission credits for carbon monoxide, 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 
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September 23, 2010 214-15 

302.6. 

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, Health and Safety Code Section 40709.6, 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 Emission offsets for increases in carbon monoxide shall not be required if the 

applicant, using an air quality modeling analysis prepared pursuant to Section 

403, demonstrates to the satisfaction of the Air Pollution Control Officer that the 

increase in ambient concentration does not exceed 500 micrograms per cubic 

meter, 8 hour average, at and beyond the property line of the stationary source.

302.7 [RESERVED]

302.8 Except for portable equipment located at a major stationary source or that is a 

major stationary source by itself, portable equipment shall be offset at the initially 

permitted location only. In the event such portable equipment is shutdown, 

emission reduction credits shall be granted based on the initially permitted 

location.

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 223.2, 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. 

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 proposed new or modified stationary source using the 

following ratios: 

Emission Offset Ratio 

Location of Emission 

Offset 

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 
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214-16 September 23, 2010 

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 at 

a non-major 

stationary source or 

for non-major 

modifications at a 

major source

1.0 to 1.0 1.0 to 1.0 1.0 to 1.0 

Within 15-mile radius and 

within Sacramento Valley 

Air Basin

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 at 

a non-major 

stationary source for

non-major 

modifications at a 

major source

OR

1.0 to 1.0 if used at 

a stationary source 

with an emission 

increase calculated 

pursuant to Section 

413.4 of the 

following levels: 

≥5000 lb/qtr and 

<7500 lb/qtr,

1.2 to 1.0 1.2 to 1.0 1.1 to 1.0 

Greater than 15-mile but 

within 50-mile radius and 

within Sacramento Valley 

Air Basin

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

and within Sacramento 

Valley Air Basin

>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: 

Emission offsets obtained from 

Rule 205, COMMUNITY BANK AND PRIORITY RESERVE BANK, or 

Rule 206, MOBILE AND TRANSPORTATION SOURCE EMISSION
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September 23, 2010 214-17 

REDUCTION CREDITS 

Source Type/Pollutant Emission offset ratio 

For use by non-major stationary sources or nonmajor 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 use by major stationary sources or major 

modifications 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: 

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 
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214-18 September 23, 2010 

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 DENIAL, FAILURE TO MEET CEQA: The Air Pollution Control Officer shall deny an 

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

the project which is the subject of the application would not comply with CEQA.

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 (adopted pursuant to Article 3, 65940 through 

65944 of Chapter 4.5 of Division l of Title 7 of the California Government Code) 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 

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. 
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September 23, 2010 214-19 

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 and Section 101 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 California Air Resources Board and 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 SUBMITTAL OF BACT DETERMINATIONS: The Air Pollution Control Officer shall 

submit to the California Air Resources Board all new BACT determinations made by the 

District. A new BACT determination is any BACT determination made by the District for 

the first time for a given type of emission unit. All such determinations shall be made 

available for public comment and submitted to the California Air Resources Board by no 

later than 30 days after issuance of the final Authority to Construct containing the new 

BACT determination.

408 [RESERVED]
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214-20 September 23, 2010 

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. 

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 111, 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 
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September 23, 2010 214-21 

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. 

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, Section 303.2 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, 
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214-22 September 23, 2010 

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 

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: to 

calculate emission increases from all new and modified emissions units. 

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 Temporary Source and Replacing of Air Pollution Control Equipment – Emissions 

Increase: The emissions increase for the purposes of determining Temporary 

Source applicability pursuant to Section 111 or 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, and CO: 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, and CO. 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. 
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September 23, 2010 214-23 

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

project for purposes of Section 223.1 is the sum of the Potential to Emit for the 

project minus the Historic Potential Emissions for the project. 

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. 

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 

Comment [LY18]: This 

creates almost a circular 

reference, since you must 

know if the project will 

result in a major mod, 

before knowing what 

definition of HPE to use. 
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214-24 September 23, 2010 

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. 
Addendum to Proposed Rule 202 – NEW SOURCE REVIEW and 

Rule 214 – FEDERAL NEW SOURCE REVIEW 

The following language shows the changes to the proposed language released August 

23, 2010 for the September Board hearing addressing the comments received from the 

U.S. Environmental Protection Agency (EPA). New language added for consideration at 

the October hearing is show as underline. September proposed language omitted from 

the October draft is shown in strikeout. Please see the attached e-mail from EPA dated 

September 14, 2010. The changes address State Implementation Plan approval issues. 

LIST OF CHANGES TO RULES 

Rule 214 – Federal New Source Review 

NEW 

SECTION 

NUMBER 

EXISTING 

SECTION 

NUMBER 

PROPOSED CHANGES

(This table articulates the rationale for differences from 

the Proposed September Public Hearing Rule 202 

Language) 

101 and 

102 

Same Revised purpose to clarify rule applies to new major 

stationary source and modified major stationary sources. 

101.1 Same Revised language consistent with applicability section. 

103 Same Revised to correct grammar. 

110 Same Revised exemption to clarify the limit on exemption 

applicability. Exemption does not apply if installation of 

equipment would result in a major modification, or if the 

equipment would be a major stationary source in and of 

itself. Language remains consistent with past practice. 

112 Same Revised to ensure clarity that Rule 202 does not apply to a 

non-major agricultural stationary source or to an agricultural 

source that is not making a major modification. 

217 Same Revised to remove references to sections of 40 CFR Section 

51.165 which EPA identified as no longer applicable. 

220.1d 220.3a Revised historic actual emissions calculation procedures 

consistent 40 CFR Section 51.165(a)(1)(xxxv)(C), which 

allows for an emissions unit’s historic actual emissions to be 

equal to potential to emit in the first two years since the date 

of commencing operation 

220.1e 220.3b Removed section that is not applicable to new and modified 

major stationary sources consistent with 40 CFR Section 

51.165(a)(1)(xxxv)(C). 

220.2 Same Revised language making the historic potential emissions for 

all new emissions units zero, consistent with current practice. 

Revised to clarify intent of section applies to new emissions 

unit that is part of a major modification or the emissions unit 

is a major stationary source in and of itself. 

220.3 N/A Revised applicability of requirements to all existing units by 

moving the requirements to section 220.1. 

221.2 Same Revised section heading for clarity. 
NEW 

SECTION 

NUMBER 

EXISTING 

SECTION 

NUMBER 

PROPOSED CHANGES

(This table articulates the rationale for differences from 

the Proposed September Public Hearing Rule 202 

Language) 

221.3a.ii Same Revised “historic potential emissions” calculations used to 

determine whether historic potential emissions are equal to a 

units potential to emit or the unit’s historic actual emissions. 

For major sources and major modifications, limitation of 5 

years, representing the contemporaneous period, has been 

added where an emissions unit was fully offset for any 

emission increase, consistent with EPA comments. 

223 Same Revised “major modification” definition to clarify which 

precursors apply for each pollutant. 

224 Same Revised “major stationary source” definition to clarify sulfur 

dioxide as a PM10 precursor. 

Revised second paragraph to clarify the units exempted by 

Rule 201, Sections 111 (vehicles) and 113 (residential 

structures) are not included in the potential to emit 

calculation. Language previously was unclear on what 

equipment would not be included. The change is consistent 

with the current Rule 202 Section 220. 

225 Same Revised grammar consistent with intent. 

226 Same Reduced applicability of new emissions unit definition to only 

those that haven’t begun operation. Previous proposal 

expanded it to include units where less than 2 years had 

passed since date of commencing operation. 

229 Same Revised to remove references to sections of 40 CFR Section 

51.165 which EPA identified as no longer applicable. 

233 Same Revised “potential to emit” definition including fugitive 

emissions in the potential to emit only if the source belongs 

to one of the source categories included in Rule 207, 

consistent with 40 CFR Section 51.165(a)(1)(ix). 

241 Same Revised section removing reference to the name of the 

nonattainment area for ozone. The nonattainment area is 

defined in 40 CFR Section 81.305. 

242 N/A Added “Sacramento nonattainment area for PM10” definition 

for consistency. The PM10 nonattainment area is defined in 

40 CFR Section 81.305. 

243 N/A Revised section removing reference to the name of the 

nonattainment area for PM2.5. The nonattainment area is 

defined in 40 CFR Section 81.305. 

244-245 237-238 Sections renumbered. 

302.1 Same Revised section for consistency with Section 414.3 which 

requires the summation of a stationary source’s potential to 

emit. 

302.1b Same Revised grammar. 

302.2 Same Revised grammar consistent with intent. 

302.6 Same Removed reference to California Health and Safety Code, 

which is not a federal requirement. 

302.10 Same Revised section reference. 
NEW 

SECTION 

NUMBER 

EXISTING 

SECTION 

NUMBER 

PROPOSED CHANGES

(This table articulates the rationale for differences from 

the Proposed September Public Hearing Rule 202 

Language) 

303 Same Revised section consistent with intent. 

303.1 Same Revised section to remove requirement for emission offsets 

within 15-mile radius to be within Sacramento Valley Air 

Basin. This was inadvertently included in the September 

proposal and has been changed to be consistent with

proposed changes to the other offset ratios. 

410.2b Same Removed section reference to temporary source exemption 

that is no longer applicable and added wording for section 

reference to major modification. 

410.3d Same Removed section reference to avoid references to sections 

in other rules. 

413 Same Revised section introduction for clarity. 

413.6 Same Revised and added section references to eliminate circular 

reference.