USEPA REGION IX

TECHNICAL SUPPORT DOCUMENT

for

SJVUAPCD Rule 9510

ATTACHMENT 1
SJVUAPCD 9510 - 1 12/15/05 

RULE 9510 INDIRECT SOURCE REVIEW (ISR) (Adopted December 15, 2005) 

1.0 Purpose 

The purposes of this rule are to: 

1.1 Fulfill the District’s emission reduction commitments in the PM10 and Ozone 

Attainment Plans. 

1.2 Achieve emission reductions from the construction and use of development 

projects through design features and on-site measures. 

1.3 Provide a mechanism for reducing emissions from the construction of and use of 

development projects through off-site measures. 

2.0 Applicability 

 2.1 This rule shall apply to any applicant that seeks to gain a final discretionary 

approval for a development project, or any portion thereof, which upon full buildout will include any one of the following: 

2.1.1 50 residential units; 

2.1.2 2,000 square feet of commercial space; 

2.1.3 25,000 square feet of light industrial space; 

2.1.4 100,000 square feet of heavy industrial space; 

2.1.5 20,000 square feet of medical office space; 

2.1.6 39,000 square feet of general office space; 

2.1.7 9,000 square feet of educational space; 

2.1.8 10,000 square feet of government space; 

2.1.9 20,000 square feet of recreational space; or 

2.1.10 9,000 square feet of space not identified above. 

2.2 This rule shall apply to any transportation or transit project where construction 

exhaust emissions equal or exceed two (2.0) tons of NOx or two (2.0) tons of 

PM10. 
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2.3 Projects on Contiguous or Adjacent Property 

2.3.1 Residential projects with contiguous or adjacent property under common 

ownership of a single entity in whole or in part, that is designated and 

zoned for the same development density and land use, regardless of the 

number of tract maps, and has the capability to accommodate more than 

fifty (50) residential units are subject to this rule. 

2.3.2 Nonresidential projects with contiguous or adjacent property under 

common ownership of a single entity in whole or in part, that is designated 

and zoned for the same development density and land use, and has the 

capability to accommodate development projects emitting more than two 

(2.0) tons per year of operational NOx or PM10 are subject to this rule. 

Single parcels where the individual building pads are to be developed in 

phases must base emissions on the potential development of all pads when 

determining the applicability of this rule. 

3.0 Definitions 

3.1 APCO: as defined in Rule 1020 (Definitions). 

3.2 APCO-Approved Model: any computer model that estimates construction, area 

source and/or operational emissions of NOx and PM10 from potential land uses, 

using the most recent approved version of relevant ARB emissions models and 

emission factors, and has been approved by the APCO and EPA. 

3.3 Air Impact Assessment (AIA): the calculation of emissions generated by the 

project and the emission reductions required by the provisions set forth in this rule. 

The AIA must be based solely on the information provided to the APCO in the 

AIA application, and must include all information listed in Section 5.6, et seq. 

3.4 Air Impact Assessment (AIA) Application: the aggregate of documentation 

supporting the development of an AIA. This includes, but is not limited to, the 

information listed in Section 5.0, et seq. 

3.5 Air Resources Board (ARB or CARB): as defined in Rule 1020 (Definitions). 

3.6 Applicant: any person or entity that undertakes a development project. 

3.7 Area Source: any multiple non-mobile emissions sources such as water heaters, 

gas furnaces, fireplaces, wood stoves, landscape equipment, architectural coatings, 

consumer product, etc., that are individually small but can be significant when 

combined in large numbers. 

3.8 Baseline Emissions: the unmitigated NOx or PM10 emissions as calculated by the 

APCO-approved model. 
SJVUAPCD 9510 - 3 12/15/05 

3.9 Construction: any excavation, grading, demolition, vehicle travel on paved or 

unpaved surfaces, or vehicle exhaust that occurs for the sole purpose of building a 

development project. 

3.10 Construction Baseline: the sum of baseline NOx or exhaust PM10 for the duration 

of construction activities for a project or any phase thereof, in total tons. 

3.11 Construction Emissions: any NOx or exhaust PM10 emissions resulting from the 

use of internal combustion engines related to construction activity, which is under 

the control of the applicant through either ownership, rental, lease agreements, or 

contract. 

3.12 Contiguous or Adjacent Property: a property consisting of two or more parcels of 

land with a common point or boundary, or separated solely by a public roadway or 

other public right-of-way. 

3.13 Development Project: any project, or portion thereof, that is subject to a 

discretionary approval by a public agency, and will ultimately result in the 

construction of a new building, facility, or structure, or reconstruction of a 

building, facility, or structure for the purpose of increasing capacity or activity. 

3.14 Discretionary Approval: a decision by a public agency that requires the exercise of 

judgment or deliberation when the public agency or body decides to approve or 

disapprove a particular development project, as distinguished from situations 

where the public agency merely has to determine whether there has been 

conformity with applicable statutes, ordinances, or regulations. 

3.15 District: the San Joaquin Valley Unified Air Pollution Control District as defined 

in Rule 1020 (Definitions). 

3.16 Emission Reduction Measure: an activity taken or conditions incorporated in a 

project to avoid, minimize, reduce, eliminate, or compensate emissions estimated 

to occur from new development projects. 

3.16.1 On-Site Emission Reduction Measure: any feature activity, device, or 

control technology of a project, which is incorporated into the design of 

that project or through other means, which will avoid, minimize, reduce or 

eliminate the project’s emissions. All on-site emission reductions achieved 

beyond District or state requirements shall count towards the mitigated 

baseline. City, County and other public agency requirements may also be 

credited towards emission reductions. 

3.16.2 Off-Site Emission Reduction Measure: any feature, activity, or emission 

reduction project used, undertaken, or funded to compensate for a project’s 

emission that is not part of the development project. 
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3.17 Indirect Source: any facility, building, structure, or installation, or combination 

thereof, which attracts or generates mobile source activity that results in emissions 

of any pollutant, or precursor thereof, for which there is a state ambient standard, 

as specified in Section 1.1. 

3.18 Land Use: any facility, building, structure, installation, activity, or combination 

thereof, and the purpose, for which it is arranged, designed, intended, 

constructed, erected, moved, altered or enlarged on, or for which it is or may 

be occupied or maintained. Land use can be identified in the following 

categories: 

3.18.1 Commercial: any facility, building, structure, installation, activity or 

combination thereof, that offers goods and services for sale. This can 

include but is not limited to wholesale and retail stores, food 

establishments, hotels or motels, and movie theatres. 

3.18.2 Educational: any facility, building, structure, installation, activity or 

combination thereof, whose purpose is to develop knowledge, skill, and 

character. This can include but is not limited to: schools, day care 

centers, libraries, and churches. 

3.18.3 General Office: any facility, building, structure, installation, activity or 

combination thereof, where the affairs of a non-medical business are 

conducted. 

3.18.4 Governmental: any facility, building, structure, installation, activity or 

combination thereof, where the affairs of an entity that exercises 

authority over a country, or any subdivision thereof, are carried on. 

3.18.5 Industrial: any facility, building, structure, installation, activity or 

combination thereof that creates, collects, extracts, packages, modifies, 

and/or distributes goods. 

3.18.5.1 Light Industrial: Usually employs fewer than 500 persons, 

with an emphasis on activities other than manufacturing and 

typically have minimal office space. Typical light industrial 

activities include: print plants, material testing labs, and 

assemblers of data processing equipment. Light Industrial 

tends to be free-standing 

3.18.5.2 Heavy Industrial: Also categorized as manufacturing 

facilities. Heavy Industrial usually has a high number of 

employees per industrial plant. 
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3.18.6 Medical Office: any facility, building, structure, installation, activity or 

combination thereof, where the affairs of a business related to the science 

and art of diagnosing, treating, and preventing diseases are carried on. 

3.18.7 Recreational: any facility, building, structure, installation, activity or 

combination thereof, where individuals may relax or refresh the body or 

the mind. This can include but is not limited to: parks, fitness clubs, 

and golf courses. 

3.18.8 Residential: any facility, building, structure, installation, activity or 

combination thereof, which provides a living space for an individual or 

group of individuals. 

3.19 Mitigation: synonym of on-site emission reduction measure. For the purposes of 

this rule, mitigation is all on-site emission reductions achieved beyond District or 

state requirements. City, County and other public agency requirements may be 

counted as mitigation, and credited towards emission reductions for the mitigated 

baseline. 

3.20 Mitigated Baseline: the NOx or PM10 emission generated by a project after on-site 

emission reduction measures have been applied. 

3.21 Mobile Emissions: the NOx or PM10 emissions generated by motorized vehicles. 

3.22 Monitoring and Reporting Schedule (MRS): a form listing on-site emission 

reduction measures committed to by the applicant that are not enforced by another 

public agency along with the implementation schedule and enforcement mechanism 

for each measure. The Construction Equipment Schedule constitutes a MRS for 

the construction phase of a development project. The format of the MRS shall be 

provided by the District. The format of the MRS shall be provided by the District. 

3.23 NOx: any oxides of nitrogen. 

3.24 Off-Site Emission Reduction Fee (Off-Site Fee): a fee to be paid by the applicant 

to the District for any emission reductions required by the rule that are not 

achieved through on-site emission reduction measures. Off-Site Fees shall only 

apply to off-site emission reductions required, and shall only be used for funding 

off-site emission reduction projects. 

3.25 Off-Site Emission Reduction Fee Deferral Schedule (FDS): a payment schedule 

requested by the applicant and approved by the District for Off-Site Emission 

Reduction Fees that ensures contemporaneous off-site emission reductions for the 

development project. Fee payment shall be made prior to the issuance of a 

building permit. The District shall provide the FDS format. 
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3.26 On-Site Emission Reduction Checklist (On-Site Checklist): the list provided by the 

District that identifies potential on-site emission reduction measures. Project 

applicants must identify those measures that will be implemented and those that 

will not. There is no minimum required to be selected for implementation. 

3.27 Operational Baseline: the baseline NOx or PM10 emissions, including area source 

and mobile emissions, calculated by the APCO-approved model, for the first year 

of buildout for that project, or any phase thereof, in tons per year. 

3.28 Operational Emissions: for the purposes of this rule, the combination of area and 

mobile emissions associated with an indirect source. 

3.29 Phase: a defined portion on a map, of a development project. 

3.30 PM10 (or PM-10): as defined in Rule 1020 (Definitions). 

3.31 Public Agency: any federal, state, local, or special agency that exercises 

discretionary powers on development activities within the San Joaquin Valley Air 

Basin. 

3.32 San Joaquin Valley Air Basin (SJVAB): as defined in Rule 1020 (Definitions). 

3.33 Transit: any passenger transportation service, local, metropolitan or regional in 

scope, that is available to any person who pays a prescribed fare. Transportation 

by bus, rail, or other conveyance, either publicly or privately owned, which is 

provided to the public or specialty service on a regular or continuing basis. Also 

known as “mass transit,” “mass transportation,” or “public transportation.” 

3.34 Transportation Projects: any project whose sole purpose is to create a new paved 

surface that is used for the transportation of motor vehicles, or any structural 

support thereof. Examples of transportation projects include: streets, highways 

and any related ramps, freeways and any related ramps, and bridges. This does 

not include development projects where traffic surfaces are a portion of the 

project, but not the main land-use. 

3.35 URBEMIS: a computer model that is owned and modified by the local air 

pollution control districts and air quality management districts in the State of 

California. URBEMIS estimates construction, area source and operational 

emissions of NOx and PM10 from potential land uses, using the most recent 

approved version of relevant ARB emissions models and emission factors and/or 

District-specific emission factors; and estimates emissions reductions. The model 

has the capacity for changes to defaults when new or project specific information is 

known. 
SJVUAPCD 9510 - 7 12/15/05 

3.36 Vehicle Trip: a trip by a single vehicle regardless of the number of persons in 

the vehicle, which is one way starting at one point and ending at another. A 

‘round trip’ is counted as two separate trips. 

4.0 Exemptions 

4.1 Transportation projects shall be exempt from the requirements in Sections 6.2 and 

7.1.2. 

4.2 Transit projects shall be exempt from the requirements in Sections 6.2 and 7.1.2 

4.3 Development projects that have a mitigated baseline below two (2.0) tons per year 

of NOx and two (2.0) tons per year of PM10 shall be exempt from the 

requirements in Sections 6.0 and 7.0. 

4.4 The following shall be exempt from the requirements of this rule: 

4.4.1 Reconstruction of any development project that is damaged or destroyed 

and is rebuilt to essentially the same use and intensity. 

4.4.2 Transportation Projects that consist solely of: 

4.4.2.1 A modification of existing roads subject to District Rule 8061 that 

is not intended to increase single occupancy vehicle capacity, or, 

4.4.2.2 Transportation control measures included in a District air quality 

attainment plan. 

4.4.3 A development project on a facility whose primary functions are subject to 

Rule 2201 (New and Modified Stationary Source Review Rule) or Rule 

2010 (Permits Required), including but not limited to the following 

industries: 

4.4.3.1 Aggregate Mining or Processing; 

4.4.3.2 Almond Hulling, Canning Operations, Food Manufacturing, 

Grain Processing and Storage, Vegetable Oil Manufacturing, and 

Wineries; 

4.4.3.3 Animal Food Manufacturing; 

4.4.3.4 Confined Animal Facilities; 

4.4.3.5 Coatings and Graphic Arts; 

4.4.3.6 Cotton Ginning Facilities; 
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4.4.3.7 Energy Production Plants; 

4.4.3.8 Ethanol Manufacturing; 

4.4.3.9 Gas Processing and Production, Oil Exploration, Production, 

Processing, and Refining; 

4.4.3.10 Glass Plants; 

4.4.3.11 Solid Waste Landfills; 

4.4.3.12 Petroleum Product Transportation and Marketing Facilities. 

5.0 Application Requirements 

 Any applicant subject to this rule shall submit an Air Impact Assessment (AIA) 

application no later than applying for a final discretionary approval with the public 

agency. An applicant for a project for which a discretionary approval is pending at the 

date of rule effectiveness, shall also submit an AIA application by 30 days after the rule 

effectiveness date. Nothing in this rule shall preclude an applicant from submitting an 

AIA application prior to filing an application for a final discretionary approval with the 

public agency. It is preferable for the applicant to submit an AIA application as early 

as possible in the process for that final discretionary approval. The AIA application 

shall be submitted on a form provided by the District and shall contain the following 

information: 

5.1 Applicant name and address; 

5.2 Detailed project description including, but not limited to: 

5.2.1 Site Size; 

5.2.2 Site Plans; 

5.2.3 Proposed Project Schedule; 

5.2.4 Associated Project; 

5.2.5 If residential, the number and type of dwelling units; 

5.2.6 If commercial, the type, square footage and loading facilities; 

5.2.7 If industrial, the type, estimated employment per shift, and loading 

facilities; 

5.2.8 Amount of off-street parking provided for non-residential projects; 
SJVUAPCD 9510 - 9 12/15/05 

5.3 On-site Emission Reduction Checklist (On-Site Checklist): The District shall 

provide an On-Site Checklist that includes quantifiable on-site measures that 

reduce operational NOx and/or PM10 emissions. 

5.3.1 The applicant shall identify measures voluntarily selected and how those 

measures will be enforced. On-Site measures must be fully enforceable 

through permit conditions, development agreements, or other legally 

binding instrument entered into by the applicant and the public agency; or, 

if the measure is not a requirement by another public agency, by a MRS 

contract with the District. Enforcement mechanisms can include: 

5.3.1.1 Applicable local ordinance or section of a regulation that 

requires the measure, if any, 

5.3.1.2 A District approved MRS, as identified in Section 5.4 below. 

5.3.2 The applicant shall also include justification for those measures not 

selected. 

5.3.3 All selected on-site measures, regardless of enforcement mechanism, shall 

count towards on-site emission reductions. 

5.4 Monitoring and Reporting Schedule (MRS): The District shall provide a 

standardized MRS format. The applicant shall include in the AIA application a 

completed proposed MRS for on-site emission reduction measures selected that are 

not subject to other public agency enforcement, and the timeline for submittal of 

the construction equipment schedule. A proposed MRS shall outline how the 

measures will be implemented and enforced, and will include, at minimum, the 

following: 

5.4.1 A list of on-site emission reduction measures included; 

5.4.2 Standards for determining compliance, such as funding, record keeping, 

reporting, installation, and/or contracting; 

5.4.3 A reporting schedule; 

5.4.4 A monitoring schedule; 

5.4.5 Identification of the responsible entity for implementation; 

5.4.6 Provisions for failure to comply; 

5.4.7 Applicants proposing on-site emission reduction measures that require 

ongoing funding, shall provide evidence in the proposed MRS of 

continued funding, including, but not limited to: 
SJVUAPCD 9510 - 10 12/15/05 

5.4.7.1 Bonds; or 

5.4.7.2 Community Service Districts; or 

5.4.7.3 Contracts. 

5.4.8 The schedule for submitting a construction equipment schedule. 

5.5 Off-Site Fee Deferral Schedule (FDS): The District shall provide a standardized 

Fee Deferral Schedule form. An applicant may propose a FDS with the District if 

the total Off-Site Fee exceeds $50,000. The payment schedule must provide 

assurance that reductions from off-site emission reduction projects can be obtained 

reasonably contemporaneous with emissions increases associated with the project 

and shall, at minimum, include the following: 

5.5.1 Identification of the person or entity responsible for payment; 

5.5.2 Billing address; 

5.5.3 Total required off-site operational emissions for the development project 

and any phase thereof; 

5.5.4 Total required off-site construction emissions for the development project 

and any phase thereof; 

5.5.5 Year of build-out, and any phase thereof; 

5.5.6 Any applicable milestones; 

5.5.7 Off-Site Fee down payment, to be not less than $50,000; 

5.5.8 Payment schedule not to exceed or go beyond the issuance of a building 

permit. For development projects with multiple phases, the payment 

schedule shall connect fee deadlines for off-site emission reductions 

required by each phase prior to the issuance of building permits for those 

phases. 

5.5.9 The cost of reductions corresponding to the payment schedule; 

5.5.10 Applicable project termination and delay clauses; and 

5.5.11 Provisions for failure to comply. 
SJVUAPCD 9510 - 11 12/15/05 

5.6 Air Impact Assessment (AIA): An AIA shall be produced for the project from the 

project specific information identified in the AIA application. An AIA may be 

produced by or for the applicant. If an AIA is not provided by the applicant, the 

District shall perform the AIA during the AIA application review period. The AIA 

shall meet the following requirements: 

5.6.1 The analysis of the proposed project shall be conducted according to the 

information provided in the application; 

5.6.2 The analysis shall employ an APCO-approved model or calculator and 

include detailed documentation and reasons for all changes to the default 

input values; 

5.6.3 If the AIA is conducted by or for the applicant, a hard copy and an 

electronic copy of all model runs conducted for the project and each 

phase thereof, shall be submitted; 

5.6.4 The applicant shall include any other information and documentation that 

supports the calculation of emissions and emissions reductions; 

5.6.5 The AIA shall quantify construction and operational NOx and PM10 

emissions associated with the project. This shall include the estimated 

construction and operational baseline emissions, and the mitigated 

emissions for each applicable pollutant for the development project, or each 

phase thereof; 

5.6.6 The AIA shall quantify the Off-Site Fee, if applicable. 

6.0 General Mitigation Requirements 

 6.1 Construction Equipment Emissions 

6.1.1 The exhaust emissions for construction equipment greater than fifty (50) 

horsepower used or associated with the development project shall be 

reduced by the following amounts from the statewide average as estimated 

by the ARB: 

6.1.1.1 20% of the total NOx emissions, and 

6.1.1.2 45% of the total PM10 exhaust emissions. 

6.1.2 An applicant may reduce construction emissions on-site by using lesspolluting construction equipment, which can be achieved by utilizing 

add-on controls, cleaner fuels, or newer lower emitting equipment. 
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6.2 Operational Emissions 

6.2.1 NOx Emissions 

Applicants shall reduce 33.3%, of the project’s operational baseline NOx 

emissions over a period of ten years as quantified in the approved AIA as 

specified in Section 5.6. 

6.2.2 PM10 Emissions 

Applicants shall reduce of 50% of the project’s operational baseline 

PM10 emissions over a period of ten years as quantified in the approved 

AIA as specified in Section 5.6. 

6.3 The requirements listed in Sections 6.1 and 6.2 above can be met through any 

combination of on-site emission reduction measures or off-site fees. 

7.0 Off-site Emission Reduction Fee (Off-Site Fee) Calculations and Fee Schedules 

 7.1 Off-site Fee Calculations 

7.1.1 Construction Activities 

7.1.1.1 NOx Emissions 

 The applicant shall pay to the District a monetary sum 

necessary to offset the required construction NOx emissions not 

reduced on-site. The off-site fee shall be calculated as follows: 

[ ] i i i

n

i

CN OF = ∑ NACE − × NSEE × CNR =( 0 .8 )

1

 Where, 

 CN OF = Construction NOx Off-Site Fee, in dollars 

 i = each phase 

 n = last phase 

 NACE = Actual Estimated Equipment NOx Emissions, as 

documented in the APCO approved Air Impact Assessment 

application, in total tons 

NSEE = Statewide Average Equipment NOx Emissions, as 

calculated by the APCO, in total tons 
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 CNR = Cost of NOx Reductions identified in Section 7.2.1 

below, in dollars per ton. For projects with an approved FDS, 

the cost of reductions shall be based on the year each payment is 

made. 

7.1.1.2 PM10 Emissions 

The applicant shall pay a monetary sum necessary to offset the 

required construction PM10 exhaust emissions not reduced onsite. The off-site fee shall be calculated as follows: 

[ ] i i i

n

i

CPM OF = ∑ PMACE − × PSEE × CPR =(0 .55 )

1

Where, 

CPM OF = Construction PM10 Off-Site Fee, in dollars 

i = each phase 

n = last phase 

PMACE = Actual Estimated Equipment PM10 Emissions, as 

documented in the APCO approved AIA application, in total tons 

PSEE = Statewide average Equipment PM10 Emissions, as 

calculated by the APCO, in total tons 

 CPR = Cost of PM10 Reductions identified in Section 7.2.2 

below, in dollars per ton. For projects with an approved FDS, 

the fees shall be based on the year each payment is made. 

7.1.2 Operational and Area Source Activities 

7.1.2.1 NOx Emissions 

The applicant shall pay a monetary sum necessary to offset the 

excess NOx emissions not reduced on-site. The off-site fee 

shall be calculated as follows: 

i i i

i

n

i

NEB NAPOR CNR NEB NOxOF ×



 



  − × × 

 



 × =∑=

( 7.5 ) 3

7.5

1
SJVUAPCD 9510 - 14 12/15/05 

Where, 

NOx OF = Operational NOx Off-Site Fee, in dollars 

i = each phase 

n = last phase 

NEB = Estimated Baseline Emissions, of Operational NOx, as 

documented in the APCO approved AIA application, in tons per 

year 

NAPOR = NOx Actual Percent of On-Site Reductions, as 

documented in the APCO approved air impact assessment 

application, as a fraction of one, calculated as (NEB-NOx 

Mitigated Baseline)/NEB 

CNR = Cost of NOx Reductions, identified in Section 7.2.1 

below, in dollars per ton. For projects with an approved FDS, 

the cost of reductions shall be based on the year each payment is 

made. 

7.1.2.2 PM10 Emissions 

The applicant shall pay a monetary sum necessary to offset the 

excess PM10 emissions not reduced on-site for a period of ten 

years. The off-site fee shall be calculated as follows: 

i i

n

i

PM OF = ∑ PMMB − PEB × CPR =10 [( 0 .5 )(10 )]

1

Where, 

PM10 OF = Operational PM Off-Site Fee, in dollars 

i = each phase 

n = last phase 

PEB = Estimated Baseline Emissions, of Operational PM10, as 

documented in the APCO approved AIA application, in tons per 

year 

PMMB = Mitigated Baseline Emissions, as documented in the 

APCO approved AIA application, in tons per year 
SJVUAPCD 9510 - 15 12/15/05 

CPR = Cost of PM10 Reductions, identified in Section 7.2.2 

below, in dollars per ton. For projects with an approved FDS, 

the fees shall be based on the year each payment is made. 

7.2 Fee Schedules 

7.2.1 The costs of NOx reductions are as follows: 

Year Cost of NOX 

Reductions ($/ton) 

2006 $4,650.00 

2007 $7,100.00 

2008 and beyond $9,350.00 

 7.2.2 The costs of PM10 reductions are as follows: 

Year Cost of PM10 

Reductions ($/ton) 

2006 $2,907.00 

2007 $5,594.00 

2008 and beyond $9,011.00 

 7.3 The applicant shall pay the Off-Site Fees in full by the invoice due date within 

sixty (60) calendar days after the AIA application is approved or in accordance 

to the schedule contained in the APCO approved FDS. 

7.4 The applicant shall receive credit for any off-site emission reduction measures that 

have been completed and/or paid for, prior to the adoption of this rule, if the 

following conditions have been met: 

7.4.1 The prior off-site emission reduction measures were part of an air quality 

mitigation agreement with the APCO; or 

7.4.2 The applicant demonstrates to the satisfaction of the APCO that the off-site 

emission reduction measures result in real, enforceable, and surplus 

reductions in emissions. 
SJVUAPCD 9510 - 16 12/15/05 

7.5 Refund: If a project is terminated or is cancelled, the building permit or use 

permit expires, is cancelled, or is voided, no construction has taken place, and 

the use has never occupied the site, the applicant is entitled to a refund of the 

unexpended Off-Site fees paid less any administrative costs incurred by the APCO. 

The applicant must provide a written request for the refund, with proof of the 

project termination, within thirty (30) calendar days of the termination. Proof of 

project termination can include a confirmation from a local agency of permit 

cancellation. 

7.6 The APCO may adjust the cost of reductions according to the following process: 

7.6.1 An Analysis shall be performed that details: 

7.6.1.1 The cost effectiveness of projects funded to date; 

7.6.1.2 The rule effectiveness of achieving the required emission 

reductions to date; 

7.6.1.3 The availability of off-site emission reduction projects; 

7.6.1.4 The cost effectiveness of those projects. 

7.6.2 The APCO shall provide a draft revised cost effectiveness based on the 

analysis. 

7.6.3 The process shall include at least one public workshop. 

8.0 Administrative Process 

8.1 Completeness of the AIA application: The APCO shall determine whether the 

application is complete and contains the necessary information no later than ten 

(10) calendar days after receipt of the application, or after such longer time as 

agreed to by both the applicant and the APCO. 

8.1.1 Should the application be deemed incomplete, the APCO shall notify the 

applicant in writing of the decision and shall specify the additional 

information required. Resubmittal of any portion of the application 

begins a new ten (10) day calendar period for the determination of 

completeness by the APCO. 

8.1.2 Completeness of an application or resubmitted application shall be 

evaluated on the basis of the information requirements set forth in the 

District Rules and Regulations as they exist on the date on which the 

application or resubmitted application is received. 

8.1.3 The APCO shall notify the applicant in writing that the application is 

deemed complete. 
SJVUAPCD 9510 - 17 12/15/05 

8.2 Public Agency Review of the proposed project: The APCO shall forward a copy 

of the AIA application, including the MRS (if applicable) to the relevant public 

agencies for review. The public agencies may review and comment at any time on 

the provisions of the MRS. Comments received by the APCO shall be forwarded 

to the applicant. The proposed MRS may be modified, if necessary, based on the 

input from the public agency. If any changes result from their comments, the 

APCO shall make the appropriate changes and provide the applicant a revised OffSite Fee, if applicable. No section or provision within this rule requires action on 

the part of the public agency. 

8.3 APCO Evaluation of the AIA Application: The AIA application shall be 

evaluated for content. 

8.3.1 If the applicant submits an AIA, the APCO will evaluate the modeling 

inputs and calculations. 

8.3.2 If the applicant does not submit an AIA, the APCO will complete an AIA 

from the information contained in the AIA application. 

8.3.3 The APCO may, during the evaluation of the application, request 

clarification, amplification, and any correction as needed, or otherwise 

supplement the information submitted in the application. Any request for 

such information shall not count towards the time the APCO has to provide 

notice of approval or disapproval. The clock shall resume once the APCO 

has received the requested information. 

8.4 AIA Approval: The APCO shall notify the applicant in writing of its decision 

regarding the AIA application and its contents within thirty (30) calendar days 

after determination of an application as complete and provide the following in 

writing to the applicant, the public agency, all interested parties as identified by the 

developer, and make available to the public. 

8.4.1 APCO approval determination of the AIA application; 

8.4.2 The required emission reductions; 

8.4.3 The amount of on-site emission reduction achieved; 

8.4.4 The amount of off-site emission reduction required, if applicable; 

8.4.5 The required Off-Site Fee if applicable; 

8.4.6 A statement of tentative rule compliance; 

8.4.7 A copy of the final MRS, if applicable; and 

8.4.8 An approved FDS, if applicable. 
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8.5 Off-Site Fee: After the APCO approves the AIA application and its contents; 

the APCO shall provide the applicant with an estimate for the projected off-site 

fees, if applicable. The applicant shall pay the of-site fee within 60 days, unless 

a FDS has been approved by the District. 

8.6 Fee Deferral Schedule: In the event that the applicant had not previously 

submitted FDS in the AIA application, but desires one, the applicant shall 

ensure that the proposed FDS is submitted to the APCO no later than fifteen 

(15) calendar days after receipt of the AIA Approval. The District shall have 

fifteen (15) calendar days to approve the FDS request. 

8.7 MRS Compliance: After the APCO approves the AIA application and its 

contents; the APCO shall enact the MRS contract, if applicable. The applicant 

is responsible for implementation and/or maintenance of those measures 

identified within the MRS. Upon completion of Monitoring and Reporting, the 

District shall provide to the applicant, the public agency, and make available to 

the public, an MRS Compliance letter. 

8.7.1 Operational On-Site Measures: On-site emission reduction measures that 

are active operational measures, such as providing a service, must be 

implemented for 10 years after buildout of the project, if applicable. 

8.7.2 Construction Equipment Schedule: The construction equipment schedule 

shall be submitted to the District if identified in the MRS prior to the 

start of construction, but not to exceed the issuance of a grading permit, 

if applicable. 

8.8 In the event the applicant significantly changes the AIA application or any 

portion thereof during the Administrative Process, the APCO shall re-start the 

evaluation process pursuant to Section 8.3. 

9.0 Changes to the Project 

9.1 Changes Proposed By The Applicant 

9.1.1 The applicant may substitute equivalent or more effective on-site 

emission reduction measures upon written approval from the APCO. 

9.1.2 Changes in the project or to the build-out schedule that increase the 

emissions associated with the project shall require submission of a new 

AIA application. A new AIA shall be conducted and the off-site fees 

shall be recalculated in accordance with the applicable provisions of this 

rule. The APCO shall notify the applicant of the new off-site fees, the 

difference of which shall be payable by the due date specified on the 

billing invoice. 
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9.2 Changes Required By The Public Agency or Any Court Of Law 

Project changes that result in an increase in the emissions shall require 

submission of a new AIA application within 60 days of said changes, or prior to 

the start of project construction, whichever is less. A new AIA shall be 

conducted and the off-site fees shall be recalculated in accordance with the 

applicable provisions of this rule. 

10.0 APCO Administration of the Off-Site Fee Funds 

10.1 The District shall establish and maintain separate accounts for NOx and for PM10 

for funds collected under this rule. Any off-site fees collected by the District shall 

be deposited into these accounts. 

10.2 The District shall utilize monies from the accounts to fund quantifiable and 

enforceable Off-Site projects that reduce surplus emissions of NOx and PM10 in 

an expeditious manner. 

10.2.1 The District shall set forth funding criteria for each category of off-site 

projects that may be funded by this rule. 

10.2.2 The District shall ensure that the emission reductions calculations for the 

off-site projects are accurate. 

10.2.3 If the off-site project involves the replacement of existing equipment, the 

District shall inspect the existing equipment. 

10.2.4 The District shall enter into a binding contract with the applicant of the offsite project, which will, at minimum, require an annual report from the 

applicant that includes information necessary to ensure that emissions 

reductions are actually occurring. 

10.2.5 The District shall conduct inspections on the off-site project to verify that 

the project is installed or implemented and operating for the life of the 

contract. 

10.2.6 The District may substitute NOx reductions for PM10 in a 1.5 to 1 ratio. 

10.3 Any interest that accrues in the off-site account(s) shall remain in the account, to 

be used in accordance with Section 10.2 above. 

10.4 The District shall prepare an annual report that will be available to the public 

regarding the expenditure of those funds, and shall include the following: 

10.4.1 Total amount of Off-Site Fees received; 

10.4.2 Total monies spent; 
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10.4.3 Total monies remaining; 

10.4.4 Any refunds distributed; 

10.4.5 A list of all projects funded; 

10.4.6 Total emissions reductions realized; and 

10.4.7 The overall cost-effectiveness factor for the projects funded. 

11.0 Effective date of this rule 

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