RULE 10.1 NEW SOURCE REVIEW (Adopted 2/8/1993; Amended 9/13/1993, 4/11/1994, 3/22/1999,

11/20/2001, 6/7/2004, 10/05/2009, 02/06/2012, 10/6/2014)

A. PURPOSE

The purpose of this rule is:

A.1 To establish preconstruction review requirements including 

offsets, Best Available Control Technology, all other 

applicable District Rules and Regulations, and analysis of 

air quality impacts for new and modified stationary 

sources, and to insure that the operation of such sources 

does not interfere with the attainment or maintenance of

ambient air quality standards.

A.2 To provide for no net increase in emissions pursuant to 

Section 40918 and 40920 of the California Health and Safety 

Code.

B. APPLICABILITY

B.1 This rule shall apply to all new and modified stationary 

sources which are subject to District permit requirements 

and which, after construction, emit or may emit any 

affected pollutants.

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

major modification solely by virtue of the relaxation of 

any limitation that was established after August 7, 1980, 

on the capacity of the source or modification to emit a 

federal nonattainment pollutant or its precursor such as a 

restriction on hours of operation, then the requirements of 

this rule shall apply to such a source or modification as 

though construction had not yet commenced on the source or 

modification.

B.3 The Regulations in effect at the time any application for 

an Authority to Construct is deemed complete shall apply, 

except when a new federal requirement not yet incorporated 

into this rule applies to the new or modified source.

B.4 The requirements of Sections E.1.b, E.2.a.2, E.5, E.7 and 

E.8 of this rule shall not apply to PM2.5 in the YC-MNA, if 

EPA re-designates Yuba City-Marysville, CA area as 

attainment for the federal PM2.5 National Ambient Air Quality 

Standard as codified in 40 CFR 81.305.

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B.5 The requirements of Sections E.1.a, E.2.a.1, E.5, E.7 and 

E.8 of this rule shall not apply to Ozone or its precursors

in the SBNA, if EPA re-designates Sutter County (part), CA 

– Sutter Buttes area as attainment for the federal ozone 

National Ambient Air Quality Standard as codified in 40 CFR 

81.305.

C. EFFECTIVE DATE

This rule shall become effective upon the date of adoption.

D. DEFINITIONS

For the purpose of this rule, the definitions below shall apply:

D.1 Actual Emissions: The actual rate of emissions measured or 

estimated which most accurately represent the emissions 

from an emissions unit.

D.2 Actual Emission Reductions: A reduction in actual emissions 

from an emissions unit.

D.3 Affected Pollutant: An air pollutant for which an ambient 

air quality standard has been established by the U.S. 

Environmental Protection Agency (EPA) or the California Air 

Resources Board (ARB), the precursors to such pollutants, 

and each pollutant listed under Section E.1 of this rule.

D.4 Ambient Air Quality Standards: Ambient air quality 

standards shall be interpreted to include state and federal 

ambient air quality standards. For the purposes of 

applicability of this rule to the State Implementation Plan 

(SIP), all references to ambient air quality standards 

shall be interpreted as National Ambient Air Quality 

Standards.

D.5 Begin Actual Construction: Initiation of physical on-site 

construction activities on an emissions unit which is of a 

permanent nature. Such activities include, but are not 

limited to, installation of building supports and 

foundations, laying of underground pipework, and 

construction of permanent storage structures. With respect 

to a change in method of operation that does not involve a 

physical change, this term refers to those on-site 

FEATHER RIVER AQMD 10.1 - 2
activities, other than preparatory activities, which mark 

the start of the change in the method of operation.

D.6 Best Available Control Technology (BACT): For any emissions 

unit, the more stringent of:

a. The most effective emission control device, emission 

limit, or technology which has been required or used 

for the type of equipment comprising such emissions 

unit unless the applicant demonstrates to the 

satisfaction of the District that such limitations are 

not achievable; or

b. Any other emission control device or technique, 

alternative basic equipment or different fuel or 

process, determined by the District to be 

technologically feasible and cost-effective and which 

provides an equivalent level of control.

Under no circumstances shall BACT be determined to be less 

stringent than the emission control required by any 

applicable provision of District, state, or federal laws or 

regulations, unless the applicant demonstrates to the 

satisfaction of the APCO that such limitations are not 

achievable.

D.7 Class I Area: Any area listed as Class I in 40 CFR 81.405 

or an area otherwise specified as Class I in the 

legislation that creates a national monument, a national 

primitive area, a national preserve, a national 

recreational area, a national wild and scenic river, a 

national wildlife refuge, a national lakeshore or seashore.

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

source or major modification means that the owner or 

operator has all necessary preconstruction approvals or 

permits and either has:

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

actual on-site construction of the source, to be 

completed within a reasonable time; or

b. Entered into binding agreements or contractual 

obligations, which cannot be canceled or modified 

without substantial loss to the owner or operator, to 

undertake a program of actual construction of the 

source to be completed within a reasonable time.

D.9 Complete Application: An application that contains all 

information required by the District to adequately evaluate 

the nature and extent of potential emissions from a 

proposed new or modified facility or emissions unit. 

Completeness shall be evaluated on the basis of a list of 

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required information as approved by the District pursuant 

to Article 3, Sections 65940 through 65944 of Chapter 4.5 

of Division 1 of Title 7 of the Government Code.

D.10 Contiguous Property: Two or more parcels of land with a 

common boundary or separated solely by a public or private 

roadway or other public right-of-way.

D.11 Control Efficiency: The percentage of pollutants vented to 

an add-on control device that are not then emitted or 

released to the atmosphere. Emission reductions attributed 

to lowering throughput rates or operating hours shall not 

be considered in determining control efficiency.

D.12 Construction: Any physical change or change in the method 

of operation (including fabrication, erection, 

installation, demolition, or modification of an emissions 

unit) which would result in a change in actual emissions.

D.13 Cost-effective: A cost per pound of emission reduction 

which is deemed to be acceptable and feasible, on a 

pollutant and emissions unit basis, by the APCO.

D.14 Daily Emissions Limitation: One or more permit conditions 

specific to an emissions unit which restricts its maximum 

daily emissions in pounds per day, at or below the 

emissions associated with the maximum design capacity.

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

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

emissions certified in accordance with the requirements of 

this rule and the District's Banking Rules.

D.17 Emissions Unit: An identifiable operation or piece of 

process equipment such as an article, machine, or other 

contrivance which emits, may emit, or results in the 

emission of any affected pollutant directly or as fugitive 

emissions. Emissions unit shall not include open burning 

of agricultural biomass.

D.18 Enforceable: Capable of being enforced by the District and 

EPA, including through either the SIP or inclusion of 

conditions on an Authority to Construct, Permit to Operate, 

Determination of Compliance or Emission Reduction Credit 

(ERC) Certificate. For emission reduction credits not 

required to meet a federal offset requirement, a legally 

binding written contract may be executed with the District.

FEATHER RIVER AQMD 10.1 - 4
D.19 Federally Enforceable: All limitations and conditions 

which are enforceable by the EPA administrator, including 

those requirements developed pursuant to 40 CFR parts 60, 

61 and 63, requirements within the California SIP, any 

permit requirements established pursuant to 40 CFR 52.21 or 

under regulations approved pursuant to 40 CFR part 51, 

subpart I, including operating permits issued under an EPAapproved program that is incorporated into the SIP and 

expressly requires adherence to any permit issued under 

such program.

D.20 Fluorides: Elemental fluorine and all fluoride compounds.

D.21 Fugitive Emissions: Those emissions which can not 

reasonably pass through a stack, chimney, vent or other

functionally equivalent opening.

D.22 Historic Actual Emissions: Actual emissions from an 

existing emissions unit averaged over the two year period 

immediately preceding the date of application. If the last 

two years are unrepresentative of normal operations as 

determined by the APCO, then a consecutive two year period 

during the last five years which is representative of 

normal operations may be used. If, at any time during the 

specified period, actual emissions exceeded allowed 

emission levels, then actual emissions shall be reduced to 

reflect emission levels that would have occurred if in 

compliance with all applicable limitations and rules. 

Where an emissions unit has been in operation for less than 

two years, or if a seasonal source, a shorter averaging 

period of at least one year may be used, providing it 

represents the full operational history of the emissions 

unit. If less than one year has passed since the date of 

issuance of the permit to operate, then historic actual 

emissions shall be zero.

D.23 Historic Potential Emissions: The allowable potential to 

emit of an existing emissions unit prior to modification. 

For a new emissions unit, historic potential emissions are 

equal to zero.

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

estimate the maximum ground level concentration of any 

pollutant subject to this rule.

D.25 Major Stationary Source: Any stationary source of air 

pollutants that emits, or has the potential to emit, 

FEATHER RIVER AQMD 10.1 - 5
a. 100 tons per year or more of any affected pollutant;

or

b. 25 tons per year or more of nitrogen oxides or 

reactive organic gases if located in the SFNA.

The fugitive emissions of a stationary source shall not be 

included in determining for any of the purposes of this 

paragraph whether it is a major stationary source unless 

the source belongs to one of the categories of stationary 

sources included in 40 CFR 51.165(a)(1)(iv)(C).

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

D.27, to a major stationary source in the SFNA, YC-MNA, or 

SBNA which results in a significant emissions increase of 

the nonattainment pollutant for which the source is 

classified as a major stationary source.

D.27 Modification: Any physical change or operational change to 

an existing emissions unit, including a change in hours of 

operation or production rate which would necessitate a 

change in permit conditions. A modification to a 

stationary source shall include any modification of its 

permitted emissions units or addition of any new emissions 

unit. A modification also occurs when there is an increase 

of emissions from an emissions unit which is not subject to 

a daily emissions limitation. A reconstructed stationary 

source shall be treated as a new stationary source and not 

as a modification. The following shall not be considered a 

modification:

a. Routine maintenance or repair;

b. A change in ownership; or

c. Replacement of an existing emissions unit, part of an 

emissions unit, or emissions control device with an 

identical (the same in all respects except for the 

serial number) piece of equipment resulting in 

emissions less than or equal to those from the 

original equipment or device and not requiring a 

change in permit conditions.

D.28 Necessary Preconstruction Approvals or Permits: Federal air 

quality control laws and regulations and those air quality 

control laws and regulations which are part of the SIP.

D.29 Net Air Quality Benefit: A net improvement in air quality 

resulting from actual emission reductions impacting the 

same general area affected by the new or modified source.

D.30 Nonattainment Pollutant: Any pollutant, as well as any 

precursors of such pollutant, which has been designated 

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nonattainment by the EPA in 40 CFR 81.305, or which has 

been designated nonattainment by the ARB pursuant to 

Section 39607, CH&S Code.

D.31 Non-permitted Emissions: Those emissions of an air 

pollutant into open air from emission sources that are not 

required to have air pollution permits. Non-permitted 

emissions may include emissions from agricultural burning, 

mobile sources, exempt emission units, and sources that 

were never required to be permitted under the District's 

New Source Review Rule.

D.32 North FRAQMD: The area of the Feather River Air Quality 

Management District which is north of a line connecting the 

northern border of Yolo County to the southwestern tip of 

Yuba County, and continuing along the southern Yuba County 

border to Placer County (see Figure 1).

D.33 Offset: An emission reduction that compensates for an 

emission increase of an affected pollutant from a new or 

modified stationary source subject to the requirements of 

Section E.2.

D.34 PM10: Particulate matter with aerodynamic diameter smaller 

than or equal to a nominal 10 microns. Gaseous emissions 

which condense to form particulate matter at ambient 

temperatures shall be included.

D.35 PM2.5: Particulate matter with an aerodynamic diameter 

smaller than or equal to a nominal 2.5 microns. Gaseous 

emissions which condense to form particulate matter at

ambient temperatures shall be included.

D.36 Permanent: Actual emission reductions that occur for the 

life of the project. Except for open burning biomass ERCs, 

when ERCs are used as offsets, emission reductions must 

last the life of the new or modified source emission 

increases for which they are used.

D.37 Potential to Emit: The maximum daily and annual capacity of 

an emission unit to emit a pollutant under its physical and 

operational design. Any physical or operational limitation 

on the daily and/or annual capacity of the unit to emit a 

pollutant, including pollution control equipment and 

restrictions in hours of operation, or on the type or 

amount of material combusted, stored or processed, shall be 

treated as part of its design only if the limitation, or 

the effect it would have on emissions is incorporated into 

FEATHER RIVER AQMD 10.1 - 7
the applicable permit as a legally and practically 

enforceable permit condition.

D.38 Precursor: A directly emitted pollutant that, when released 

to the atmosphere, forms or contributes to the formation of 

a secondary air pollutant for which an ambient air quality 

standard has been adopted. The following precursor 

relationships shall be used:

PRECURSOR SECONDARY AIR POLLUTANT

Reactive Organic Gases a. Photochemical oxidants (Ozone)

b. The organic fraction of PM10

Nitrogen Oxides

a. Photochemical oxidants (Ozone)

b. Nitrogen dioxide 

c. The nitrate fraction of PM10

d. The nitrate fraction of PM2.5

Sulfur Oxides

a. Sulfur dioxide

b. Sulfates

c. The sulfate fraction of PM10

d. The sulfate fraction of PM2.5

D.39 Proposed Emissions: The potential to emit for a new or 

post-modification emissions unit or daily and annual 

emission rates specified in an application which will be 

incorporated into the permit as legally and practically 

enforceable permit conditions.

D.40 Quantifiable: Emission reductions that can be reliably and 

replicably measured. Quantification may be based on 

emission factors, stack tests, monitored values, operating 

rates and averaging times, process or production inputs, 

modeling, or other reasonable and measurable practices.

D.41 Reactive Organic Gases: Any compound of carbon, excluding 

the following:

a. carbon monoxide;

b. carbon dioxide;

c. carbonic acid;

d. metallic carbides or carbonates;

e. ammonium carbonate;

f. methane;

g. methylene chloride (dichloromethane);

h. 1,1,1-trichloroethane (methyl chloroform);

i. 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

j. trichlorofluoromethane (CFC-11);

k. dichlorodifluoromethane (CFC-12);

l. chlorodifluoromethane (HCFC-22);

m. trifluoromethane (HFC-23);

FEATHER RIVER AQMD 10.1 - 8
n. 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);

o. chloropentafluoroethane (CFC-115);

p. 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);

q. 1,1,1,2-tetrafluoroethane (HFC-134a);

r. 1,1-dichloro 1-fluoroethane (HCFC-141b);

s. 1-chloro 1,1-difluoroethane (HCFC-142b);

t. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

u. pentafluoroethane (HFC-125);

v. 1,1,2,2-tetrafluoroethane (HFC-134);

w. 1,1,1-trifluoroethane (HFC-143a);

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

y. cyclic, branched, or linear completely methylated 

siloxanes;

z. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC225ca);

aa. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC225cb);

bb. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

cc. difluoromethane (HFC-32);

dd. ethylfluoride (HFC-161);

ee. 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

ff. 1,1,2,2,3-pentafluoropropane (HFC-245ca);

gg. 1,1,2,3,3-pentafluoropropane (HFC-245ea);

hh. 1,1,1,2,3-pentafluoropropane (HFC-245eb);

ii. 1,1,1,3,3-pentafluoropropane (HFC-245fa);

jj. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

kk. 1,1,1,3,3-pentafluorobutane (HFC-365mfc);

ll. chlorofluoromethane (HCFC-31);

mm. 1-chloro-1-fluoroethane (HCFC-151a);

nn. 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

oo. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane 

(C4F9OCH3 or HFE-7100);

pp. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3)2CFCF2OCH3);

qq. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane 

(C4F9OC2H5 or HFE-7200);

rr. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-

heptafluoropropane ((CF3)2CFCF2OC2H5);

ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3 or HFE-7000);

tt. 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-

(trifluoromethyl) hexane (HFE-7500);

uu. 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea),

vv. methyl formate (HCOOCH3);

ww. 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-

trifluoromethyl-pentane (HFE-7300);

xx. dimethyl carbonate;

yy. propylene carbonate;

FEATHER RIVER AQMD 10.1 - 9
zz. perfluorocarbon compounds which fall into these 

classes:

1. cyclic, branched, or linear, completely 

fluorinated alkanes;

2. cyclic, branched, or linear, completely 

fluorinated ethers with no unsaturations;

3. cyclic, branched, or linear, completely 

fluorinated tertiary amines with no 

unsaturations; and

4. sulfur containing perfluorocarbons with no 

unsaturations and with sulfur bonds only to 

carbon and fluorine;

aaa. low-reactive organic compounds which have been 

exempted by the U.S. EPA:

1. acetone;

2. ethane;

3. methyl acetate;

4. perchloroethylene (tetrachloroethylene); and

5. parachlorobenzotrifluoride (1-chloro-4-

trifluoromethyl benzene);

bbb. The following compound(s) for purposes of all 

recordkeeping, emissions reporting, photochemical 

dispersion modeling and inventory requirements which 

apply to ROG and shall be uniquely identified in 

emission reports, but are not ROG for purposes of ROG

emissions limitations or ROG content requirements:

1. tertiary butyl acetate;

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

emissions are reduced.

D.43 Reconstructed Source: Any stationary source undergoing 

physical modification where the fixed capital cost of the 

new components exceeds fifty (50) percent of the fixed 

capital cost of a comparable entirely new stationary 

source. Fixed capital cost means the capital needed to 

provide all the depreciable components.

D.44 Reduced Sulfur Compounds: The sulfur compounds hydrogen 

sulfide, carbon disulfide, and carbonyl sulfide.

D.45 Sacramento Federal Nonattainment Area for Ozone (SFNA): The 

area defined in 40 CFR Section 81.305 for the Sacramento 

Metro Area.

D.46 Seasonal Source: Any source with more than seventy-five 

percent (75%) of its annual emissions within a consecutive 

120 day period.

FEATHER RIVER AQMD 10.1 - 10
D.47 Shutdown: Either the earlier of the permanent cessation of 

emissions from an emitting unit or the surrender of that 

unit's operating permit.

D.48 Significant: In reference to an emissions increase or the 

potential of a source to emit any of the following 

pollutants, a rate of emissions that would equal or exceed 

any of the following rates:

Area Pollutant Emissions Rate

SBNA Ozone 40 tpy of reactive organic gases or 

nitrogen oxides

SFNA Ozone

25 tpy of reactive organic gases or 

nitrogen oxides aggregated with all 

other increases in potential to emit of 

the same pollutant over a five 

consecutive year period before the 

application for modification, including 

the calendar year of the most recent 

application

YC-MNA PM2.5

10 tpy of direct PM2.5 emissions; or

40 tpy of sulfur dioxide or nitrogen 

oxide emissions

D.49 Significant Emissions Increase: For a nonattainment

pollutant, an increase in emissions that is significant for 

that pollutant.

D.50 Stationary Source: Any building, structure, or facility 

which emits or may emit any affected pollutant directly or 

as a fugitive emission. Building, structure, or facility 

means all pollutant emitting activities, including 

emissions units which:

a. Are under the same or common ownership, operation, or 

control, or which are owned or operated by entities 

which are under common control and belong to the same 

industrial grouping, either by virtue of falling 

within the same two-digit Standard Industrial 

Classification (SIC) Code, or by virtue of being part 

of a common industrial process, manufacturing process, 

or connected process involving a common raw material; 

and

b. Are located on one or more contiguous or adjacent 

properties. On a case-by-case basis, offsite support 

facilities may be included when reviewing major 

stationary source applicability.

FEATHER RIVER AQMD 10.1 - 11
For purposes of Rule 10.2, open biomass burning will be 

considered a source and such activity requires an annual 

burning permit.

D.51 South FRAQMD: That area of the Feather River Air Quality 

Management District which is south of a line connecting the 

northern border of Yolo County to the southwestern tip of 

Yuba County, and continuing along the southern Yuba County 

border to Placer County (see Figure 1).

D.52 Surplus: The amount of emission reductions that are, at the 

time of generation of an ERC, not otherwise required by 

federal, state, or local law, not required by any legal 

settlement or consent decree, and not relied upon to meet 

any requirement related to the California SIP. Examples of 

federal, state, and local laws, and of SIP-related 

requirements, include, but are not limited to, the 

following:

a. The federally-approved California SIP;

b. Other adopted State air quality laws and regulations 

not in the SIP, including but not limited to, any 

requirement, regulation, or measure that:

1. the District or the State has included on a 

legally-required and publicly-available list of 

measures that are scheduled for adoption by the 

District or the State in the future; or 

2. is the subject of a public notice distributed by 

the District or the State regarding an intent to 

adopt such revision;

c. Any other source or source-category specific 

regulatory or permitting requirement, including, but 

not limited to, Reasonable Available Control 

Technology (RACT), New Source Performance Standards 

(NSPS), National Emission Standards for Hazardous Air 

Pollutants (NESHAP), Best Available Control Measures 

(BACM), Best Available Control Technology (BACT), and 

the Lowest Achievable Emission Rate (LAER); and

d. Any regulation or supporting documentation that is 

required by the federal Clean Air Act but is not 

contained or referenced in 40 CFR Part 52, including 

but not limited to: assumptions used in attainment and 

maintenance demonstrations (including Reasonable 

Further Progress demonstrations and milestone 

demonstrations), including any proposed control 

measure identified as potentially contributing to an 

enforceable near-term emissions reduction commitment; 

assumptions used in conformity demonstrations; and 

assumptions used in emissions inventories.

FEATHER RIVER AQMD 10.1 - 12
D.53 Sutter Buttes Nonattainment Area for Ozone (SBNA): The area 

defined in 40 CFR Section 81.305 for the Sutter County 

(part), CA – Sutter Buttes area.

D.54 Total Reduced Sulfur Compounds: The sulfur compounds 

hydrogen sulfide, methyl mercaptan, dimethyl sulfide and 

dimethyl disulfide.

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

meaning as reactive organic gases.

D.56 Yuba City-Marysville Nonattainment Area for PM2.5 (YC-MNA): 

The area defined in 40 CFR Section 81.305 for the Yuba 

City-Marysville, CA area.

E. REQUIREMENTS

Any stationary source subject to this rule shall be subject to 

the following requirements:

E.1 BEST AVAILABLE CONTROL TECHNOLOGY (BACT): For each new or 

modified stationary source, the emission increases and the 

post-project potential to emit for a project, as determined

pursuant to Section F of this rule, shall be used to 

determine BACT applicability, as follows:

a. For sources emitting reactive organic gases or

nitrogen oxides, and located in the SFNA or SBNA 

portions of the FRAQMD, BACT shall apply to all 

emission units located at a new major source or to the 

modification of an existing emission unit that results

in a major modification.

b. For sources emitting PM2.5 and located in the YC-MNA

portion of the FRAQMD, BACT shall apply to all 

emission units located at a new major source or to the 

modification of an existing emission unit that results 

in a major modification.

c. For sources emitting reactive organic gases or 

nitrogen oxides, and located in the SFNA portion of 

the FRAQMD, BACT shall apply to a new or modified 

emission unit which results in an emission increase,

if the potential to emit of the emission unit equals 

or exceeds 10.0 pounds per day.

d. For sources emitting reactive organic gases or

nitrogen oxides, and located in the non-SFNA portion 

of the FRAQMD, BACT shall apply to a new or modified 

emission unit which results in an emission increase,

FEATHER RIVER AQMD 10.1 - 13
if the potential to emit of the emission unit equals 

or exceeds 25.0 pounds per day.

e. For sources emitting an affected pollutant other than 

reactive organic gases or nitrogen oxides, and located 

in any portion of the FRAQMD, BACT shall apply to a 

new or modified emission unit that results in an 

emissions increase and the potential to emit of the 

emission unit equals or exceeds the thresholds listed 

in Table 1:

Table 1: BACT thresholds

Pollutant Pounds/Day

Particulate matter (PM10) 80.0

Sulfur oxides 80.0

Carbon monoxide 500.0

Lead 3.2

Asbestos 0.03

Beryllium 0.002

Mercury 0.5

Vinyl chloride 5.0

Fluorides 15.0

Sulfuric acid mist 35.0

Hydrogen sulfide 50.0

Total reduced sulfur compounds 50.0

Reduced sulfur compounds 50.0

E.2 OFFSETS: 

a. For each new or modified stationary source, the 

emission increases and the post-project potential to 

emit for a project, as determined pursuant to Section 

F of this rule, shall be offset as follows:

1. For a project located in the SFNA or SBNA which

has an emission increase of reactive organic 

gases or nitrogen oxides at a rate that 

constitutes a new major source or a major 

modification, shall offset the entire emission 

increase from the project.

2. For a project located in the YC-MNA area for PM2.5

which has an emission increase of PM2.5 at a rate 

that constitutes a new major source or a major 

modification, shall offset the entire emission 

increase from the project.

3. For a project located in the SFNA which has a 

potential to emit reactive organic gases or 

nitrogen oxides at a rate of 10 tons per year 

(tpy) or more, all emission increases above 10 

tpy shall be offset.

FEATHER RIVER AQMD 10.1 - 14
4. For a project located in the non-SFNA which has a 

potential to emit reactive organic gases or

nitrogen oxides at a rate of 25 tpy or more, all 

emission increases above 25 tpy shall be offset.

5. For a project located anywhere in the District 

which has a potential to emit PM10 or a PM10

precursor at a rate of 25 tpy or more, all 

emission increases above 25 tpy shall be offset.

b. All offsets shall be real, surplus, enforceable, 

quantifiable, and permanent.

c. Offsets shall be provided on a quarterly basis in 

proportion to projected quarterly emission rates.

d. All offsets shall commence not later than the initial 

operation of the new or modified source, and the 

offsets shall be maintained throughout the operation 

of the new or modified source which is the beneficiary 

of the offsets.

e. LOCATION OF OFFSETS AND OFFSET RATIOS:

1. The applicable offset ratio shall be determined 

based on the location of the new or modified 

stationary source required to obtain offsets and 

the distance to the location of the emission 

offsets, as indicated in the following tables:

Table 2: For projects required to obtain ROG or 

NOx offsets pursuant to E.2.a.1 and E.2.a.3

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.3:1

Within 15-mile radius and within the 

same nonattainment area 

(i.e. SFNA or SBNA)

1.3:1

Greater than 15-mile radius, but 

within 50-mile radius and within the 

same nonattainment area 

(i.e. SFNA or SBNA)

1.5:1

More than 50-mile radius and within 

the same nonattainment area 

(i.e. SFNA or SBNA)

2.0:1

Table 3: For projects required to obtain PM2.5 

offsets pursuant to E.2.a.2

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.0:1

FEATHER RIVER AQMD 10.1 - 15
Table 3: For projects required to obtain PM2.5 

offsets pursuant to E.2.a.2

Location of Emission Offsets

Emission 

Offset 

Ratio

Within 15-mile radius and within the 

YC-MNA 1.2:1

Greater than 15-mile radius, but 

within 50-mile radius and within the 

YC-MNA

1.5:1

More than 50-mile radius and within 

the YC-MNA 2.0:1

Table 4: For projects required to obtain ROG or 

NOx offsets pursuant to E.2.a.4

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.15:1

Within 20-mile radius 1.2:1

Greater than 20-mile radius, but 

within 50-mile radius 1.5:1

More than 50-mile radius 2.0:1

Table 5: For projects required to obtain PM10

offsets pursuant to E.2.a.5

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.0:1

Within 15-mile radius 1.2:1

Greater than 15-mile radius, but 

within 50-mile radius 1.5:1

More than 50-mile radius 2.0:1

2. Offsets which are not on-site must result in a 

net air quality benefit, as determined by the 

APCO.

3. Offsets which are obtained from a source located 

in another Air District may be used only if the 

provisions of CH&S Code Section 40709.6 are met 

and the involved Air Districts enter into an 

agreement formalized by a memorandum of 

understanding.

4. Offsets which are used for Federal requirements

in the SFNA and are obtained from a source 

FEATHER RIVER AQMD 10.1 - 16
located in another Air District within the SFNA 

may be used only if the provisions of Section 

E.2.e.3 above are met and EPA approval is 

obtained.

f. INTERPOLLUTANT OFFSETS: The APCO may approve the 

substitution of one air contaminant for another air 

contaminant to meet the requirement for offsetting an 

emission increase on a case-by-case basis, provided 

that the applicant demonstrates to the satisfaction of 

the APCO, through the use of an impact analysis, that 

the emission increases from the new or modified source 

and offsets provided will result in a net air quality 

benefit and will not cause or contribute to a 

violation of any air quality standard.

1. In such cases, the APCO may, based on an air 

quality analysis, impose offset ratios greater 

than the requirements of Section E.2.e of this 

rule.

2. Interpollutant offsets between PM10 and PM10

precursors shall be allowed. PM10 emissions shall 

not be allowed to offset nitrogen oxide or 

reactive organic compound emissions.

3. Interpollutant offsets between PM2.5 and PM2.5 

precursors are allowed at specific ratios as 

approved into the SIP.

4. Interpollutant offsets used for federal 

requirements shall also require EPA approval.

g. Emissions of reactive organic gases during the 

quarters starting April 1 and July 1 may be used to 

offset emission increases of reactive organic gases

during the quarters starting October 1 and January 1.

h. Emissions of nitrogen oxides during the quarters 

starting April 1 and July 1 may be used to offset 

emission increases of nitrogen oxides during the 

quarters starting October 1 and January 1.

E.3 AMBIENT AIR QUALITY STANDARDS: In no case shall the

emissions from the new or modified stationary source cause 

or make worse the violation of an ambient air quality 

standard. The APCO may require an impact analysis to 

estimate the effects of a new or modified source. In 

making this determination the APCO shall take into account 

the mitigation of emissions through offsets obtained 

pursuant to this rule.

E.4 DENIAL – FAILURE TO MEET STANDARDS: The APCO shall deny any 

Authority to Construct or Permit to Operate if the APCO 

FEATHER RIVER AQMD 10.1 - 17
finds that the subject of the application would not comply

with the standards set forth in this rule.

E.5 COMPLIANCE BY OTHER OWNED, OPERATED, OR CONTROLLED SOURCES:

The owner or operator of a proposed new major source or 

major modification shall certify to the APCO that all major 

stationary sources, which are owned or operated by such 

person (or by any entity controlling, controlled by, or 

under common control with such a person) in California 

which are subject to emission limitations are in 

compliance, or on a schedule for compliance, with all 

applicable emission limitations and standards.

E.6 RECALCULATING PM10 FROM TOTAL SUSPENDED PARTICULATE: The 

PM10 emissions from an existing stationary source shall be 

recalculated from the Total Suspended Particulate (TSP) 

emissions increases and decreases which have occurred since 

August 20, 1983 using applicable PM10 emission factors. 

When applicable PM10 emission factors do not exist, assume 

50 percent of TSP is PM10.

If the applicant has provided full offsets for TSP 

emissions occurring since August 20, 1983 but before 

February 8, 1993, those TSP emissions need not be 

recalculated as PM10. However, any subsequent emissions 

increase in PM10 emissions shall be subject to the offset 

requirements of this rule.

E.7 ALTERNATIVE SITING: For new major sources or major 

modifications for which an analysis of alternative sites, 

sizes, and production processes is required under Section 

173 of the Clean Air Act, the APCO 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 APCO has concluded, based on the 

information contained in the alternative siting analysis, 

that the benefits of the proposed source significantly 

outweigh the environmental and social costs imposed as a 

result of its location, construction, or modification.

E.8 POTENTIAL VISIBILITY IMPACTS: The APCO shall consult with 

the Federal Land Manager on a proposed major stationary 

source or major modification that may impact visibility in 

any Class I Area, in accordance with 40 CFR 51.307 if the 

net emissions increase from the new or modified source 

exceeds 10 tons/year of PM2.5, 15 tons/year of PM10, or 40 

FEATHER RIVER AQMD 10.1 - 18
tons/year of NOx; and the location of the source, relative 

to the closest boundary of a specified federal Class I area 

is within 20 miles.

F. CALCULATIONS

This section shall be used to determine the emissions change for 

all new or modified emissions units, the actual emission

reductions for all shutdowns and modified emissions units and

the cumulative emissions increase from all new and modified

emissions units located at a stationary source.

F.1 EMISSION CALCULATION REQUIREMENTS: 

a. For each project a separate emission calculation shall 

be made for each emission unit, affected pollutant 

emitted, and calendar quarter.

b. If a project consists of more than one emission unit, 

the total emissions from all emissions units shall be 

summed to determine the emissions change for the 

project.

F.2 EMISSIONS CHANGE CALCULATIONS:

a. The emissions change for new emission units or 

stationary sources shall be the emission limits 

proposed in the current application.

b. If the historic actual emissions of the emission unit 

being modified are more than 80% of the historic 

potential emissions, the emissions change shall be 

calculated by subtracting the historic potential 

emissions from the emission limits proposed in the 

current application.

c. The emissions change for modified emission units shall 

be calculated by subtracting the historic actual 

emissions from the emission limits proposed in the 

current application.

d. If the emissions change for modified emission unit(s) 

calculated pursuant to Section F.2.b or F.2.c above 

does not result in a major modification, the emissions 

change shall be calculated by subtracting the historic 

potential emissions from the emission limits proposed 

in the current application.

e. The emissions change for a shutdown emissions unit 

shall be the historic actual emissions.

f. The emissions change for a modification consisting 

solely of the installation of control equipment or 

implementation of a more efficient process shall be 

FEATHER RIVER AQMD 10.1 - 19
the historic actual emissions times the new overall 

control efficiency.

F.3 SECTION E REQUIREMENTS BASED ON SECTION F EMISSION 

CALCULATIONS:

a. The provisions of Section E.1 shall be used to 

determine BACT applicability.

b. The provisions of Section E.2 shall be used to 

determine the quantity of offsets required.

c. If the Section F calculation procedures determine the 

project will result in a decrease or no change in 

emissions, BACT and offsets are not required.

F.4 DETERMINING POTENTIAL TO EMIT FOR A STATIONARY SOURCE: The 

potential to emit for a stationary source shall be equal to 

the sum of potentials to emit for each emission unit 

covered by permits to operate or authorities to construct, 

issued prior to February 8, 1993. In addition, emission 

increases from new or modified emissions units occurring on 

or after February 8, 1993 shall be added to the sum of 

potentials to emit for existing emissions units. The 

potential to emit for a stationary source shall not be 

adjusted for actual emissions reductions which occur after 

February 8, 1993.

G. AIR QUALITY IMPACT ANALYSIS

In no case shall emissions from a new or modified emissions unit 

cause or make worse the violation of an ambient air quality 

standard. The APCO may require an applicant to use an air 

quality model to estimate the effects of a new or modified 

emissions unit or facility. For the purpose of performing an 

impact analysis, the following shall apply:

G.1 Air quality models shall be based on applicable air quality 

model, data bases, and other requirements specified in 

appendix W of 40 CFR 51, unless the APCO finds that such 

model is inappropriate for use. After making such a 

finding, the APCO may designate an alternate model, after

providing public notice for comment, with the concurrence 

of the ARB and the EPA. All modeling costs associated with 

the siting of a new or modified emissions unit or facility 

shall be borne by the applicant;

G.2 Maximum ground level concentrations determined by modeling 

shall be added to background concentration levels and 

compared to ambient air quality standards;

FEATHER RIVER AQMD 10.1 - 20
G.3 In performing an impact analysis, if the proposed stack 

height is higher than is dictated by good engineering 

practices, the actual height used for the purposes of 

modeling shall be calculated in accordance with good 

engineering practices.

H. ADMINISTRATIVE REQUIREMENTS

The following administrative requirements shall apply to this 

rule:

H.1 COMPLETE APPLICATION: 

a. The District shall determine whether an application is 

complete not later than 30 days after receipt of the 

application, or after such longer time mutually 

agreeable to the applicant and the District.

b. If the District determines that the application is not 

complete, the applicant shall be notified in writing 

of the decision and of the required additional 

information. Upon receipt of any resubmittal of the 

application, a new thirty (30) day period to determine 

completeness shall begin.

c. Upon determination that the application is complete, 

the District shall notify the applicant in writing.

d. The District may, during the processing of the 

application, request an applicant to clarify, amplify, 

correct, or otherwise supplement the information 

submitted in the application.

H.2 PRELIMINARY DECISION: Following acceptance of an 

application as complete, the District shall perform the 

evaluations required to determine compliance with this rule 

and make a preliminary written decision as to whether an 

Authority to Construct should be approved, conditionally 

approved, or disapproved. The decision shall be supported 

by a written analysis.

H.3 PUBLICATION AND PUBLIC COMMENTS: Within 10 days following a 

preliminary decision on the Authority to Construct for an 

emissions unit or stationary source which triggers the 

offset requirements of Section E.2, or a stationary source 

that meets the definition of a lead point source as defined 

in 40 CFR 51.100(k)(2), the APCO shall publish in at least 

one newspaper of general circulation in the District a 

notice stating the preliminary decision of the APCO noting 

how pertinent information can be obtained, how a request 

FEATHER RIVER AQMD 10.1 - 21
for a public hearing may be made, and inviting written 

public comment for a 30-day period following the date of 

publication. Copies of such notice shall be sent to the 

ARB and the EPA.

H.4 PUBLIC INSPECTION: 

a. The APCO shall make available for public inspection at 

the District's office the information submitted by the 

applicant and the APCO's analysis no later than the 

time that notice of the preliminary decision is 

published pursuant to Section H.3.

b. The APCO's analysis shall also be transmitted, no 

later than the date of publication, to the ARB and the 

EPA regional office.

c. Information submitted which contains trade secrets 

shall be handled in accordance with Section 6254.7 of 

the Government Code and relevant sections of the 

Administrative Code of the State of California.

H.5 AUTHORITY TO CONSTRUCT – FINAL ACTION: 

a. Within 180 days after acceptance of an application as 

complete, the APCO shall take final action on the 

application after considering all written comments.

b. The APCO shall provide written notice of the final 

action to the applicant, the EPA, and the ARB, and 

shall make the notice and all supporting documents 

available for public inspection at the District's 

office for all Authorities to Construct issued for 

emissions units subject to the requirements of Section 

E.2 of this rule.

H.6 REQUIREMENTS – PERMIT TO OPERATE:

a. As a condition for the issuance of a Permit to 

Operate, the APCO shall require that any new source or 

modification, and any sources which provide offsets, 

be operated in the manner assumed in making the 

analysis to determine compliance with this rule.

b. The Permit to Operate shall include daily emission 

limitations which reflect all applicable emissions 

limitations, including BACT.

H.7 REQUIREMENTS – EMISSION REDUCTION CREDITS (ERCs):

a. As a condition for the issuance of a Permit to 

Operate, the APCO shall ensure that the stationary 

source which provides emission offsets is subject to 

enforceable permit conditions containing specific 

emissions limitations and/or operational limitations 

FEATHER RIVER AQMD 10.1 - 22
which ensure that the emission reductions are 

permanent and practically enforceable.

b. Where the source of offsets is a non-permitted source,

the District may require the non-permitted source to 

obtain an enforceable permit, complete with 

operational and emission limitations.

c. If the District, pursuant to state laws or District 

regulations, cannot permit the emissions unit, the 

source creating the offsets shall execute a legally 

binding contract between the applicant and the owner 

or operator of such offset source which, by its terms, 

shall be enforceable by the District.

d. A violation of the emission limitation provisions of 

any such contract shall be chargeable to the 

applicant.

H.8 ISSUANCE – PERMIT TO OPERATE: 

a. The APCO shall only issue a Permit to Operate after 

determining the emission unit(s) or stationary source 

has meet all the requirements of this rule.

b. The APCO shall determine that all conditions specified 

in the Authority to Construct have been or will be 

complied with by any dates specified.

c. Where a new or modified emissions unit is, in whole or 

in part, a replacement for an existing emissions unit

on the same property, the APCO may allow a maximum of 

90 days as a start-up period for simultaneous 

operation of the existing emissions unit and the new 

replacement.

H.9 REGULATIONS IN FORCE GOVERN: 

a. The granting or denial of an Authority to Construct 

shall be governed by the requirements of this rule in 

force on the date the application is deemed complete, 

except when a new federal requirement not yet 

incorporated into this rule applies to the new or 

modified source.

b. The APCO shall deny an Authority to Construct for any 

new stationary source or modification, or any portion 

thereof, unless the new source or modification, or 

applicable portion thereof, complies with the 

provisions of this rule and all other applicable 

District Rules and Regulations.

H.10 PERMIT CONDITIONS: 

a. The APCO shall place conditions on the Authority to 

Construct and/or Permit to Operate which will ensure 

FEATHER RIVER AQMD 10.1 - 23
that the construction, modification, or operation of a 

stationary source will comply with all applicable 

rules and regulations.

b. For the purpose of drafting verifiable and practical 

conditions such conditions may include, but not be 

limited to, hours of operation, processing parameters, 

periods of use, and emission limitations on an hourly, 

daily, or yearly basis.

H.11 SHUTDOWN OF SOURCE: If the APCO determines that the unit 

has been removed or fallen into an inoperable and 

unmaintained condition, the APCO may notify the owner of 

intent to cancel the permit. If the owner does not respond 

within sixty (60) days, the APCO may cancel the permit and 

deem the source shutdown as of the date of last emissions.

I. POWER PLANTS

I.1 GENERAL: This section shall apply to all power plants 

proposed to be constructed in the District and for which a 

Notice of Intention (NOI) or Application for Certification 

has been accepted by the California Energy Commission 

(CEC). The District may apply to the CEC for reimbursement 

of all costs incurred, including lost fees, in order to 

comply with the provisions of this section.

I.2 INTENT TO PARTICIPATE AND PRELIMINARY REPORT: Within 

fourteen days of receipt of a NOI, the APCO shall notify 

the ARB and the CEC of the District's intent to participate 

in the NOI proceeding. If the District chooses to 

participate in the NOI proceeding, the APCO shall prepare 

and submit a report to the ARB and the CEC prior to the 

conclusion of the non-adjudicatory hearing specified in 

Section 25509.5 of the Public Resources Code. That report 

shall include, at minimum:

a. A preliminary specific definition of BACT for the 

proposed facility;

b. A preliminary discussion of whether there is 

substantial likelihood that the requirements of this 

rule and all other District regulations can be 

satisfied by the proposed facility; and

c. A preliminary list of conditions which the proposed 

facility must meet in order to comply with this rule 

or any other applicable District regulation. The 

preliminary determinations contained in the report 

shall be as specific as possible within the 

constraints of the information contained in the NOI.

FEATHER RIVER AQMD 10.1 - 24
I.3 DETERMINATION OF COMPLIANCE REVIEW: 

a. Upon receipt of an Application for Certification (AFC) 

for a power plant, the APCO shall conduct a 

Determination of Compliance review. This 

determination shall consist of a review identical to 

that which would be performed if an application for 

Authority to Construct had been received for the power 

plant.

b. If the information contained in the AFC does not meet 

the requirements of this rule, the APCO shall, within 

twenty calendar days of receipt of the AFC, so inform 

the Commission, and the AFC shall be considered 

incomplete and returned to the applicant for 

resubmittal.

I.4 EQUIVALENCY OF APPLICATION: The APCO shall consider the AFC 

to be equivalent to an application for Authority to 

Construct during the Determination of Compliance review, 

and shall apply all provisions of this rule which apply to 

an application for an Authority to Construct.

I.5 NEED FOR ADDITIONAL INFORMATION: The APCO may request from 

the applicant any information necessary for the completion 

of the Determination of Compliance review. If the APCO is 

unable to obtain the information, the APCO may petition the 

presiding Commissioner of the CEC for an order directing 

the applicant to supply such information.

I.6 PRELIMINARY DETERMINATION: Within 180 days (or within 120 

days for any application filed pursuant to Sections 25540 

through 25540.6 of the Public Resources Code) of an AFC 

having been accepted, the APCO shall make a preliminary 

written decision on:

a. Whether the proposed power plant meets the 

requirements of this rule and all other applicable 

District regulations; and

b. In the event of compliance, what permit conditions 

will be required including the specific BACT 

requirements and a description of required mitigation 

measures; or in the event of non-compliance, the 

specific regulations that would be violated and the 

basis for such determination, and those regulations 

with which the proposed power plant would comply, 

including required BACT and mitigation measures.

The preliminary written decision under Section I.6 

shall be treated as a preliminary decision under 

Section H.2 of this rule, and shall be finalized by 

FEATHER RIVER AQMD 10.1 - 25
the APCO only after being subject to the public notice 

and comment requirements of Sections H.3 through H.5. 

The APCO shall not issue a Determination of Compliance 

unless all requirements of this rule are met.

I.7 DETERMINATION OF COMPLIANCE: 

a. Within 240 days (or within 180 days for any 

application filed pursuant to Sections 25540 through 

25540.6 of the Public Resources Code) of an AFC having 

been accepted the APCO shall issue and submit to the 

CEC a Determination of Compliance or, if such a 

determination cannot be issued, shall so inform the 

CEC.

b. A Determination of Compliance shall confer the same 

rights and privileges as an Authority to Construct 

only when and if the CEC approves the AFC, and the CEC 

certificate includes all conditions of the 

Determination of Compliance.

I.8 PERMIT TO OPERATE: Any applicant receiving a certificate 

from the CEC pursuant to this section and who is in 

compliance with all conditions of the certificate shall be 

issued a Permit to Operate by the APCO.

FEATHER RIVER AQMD 10.1 - 26
RULE 10.1 - NEW SOURCE REVIEW

FIGURE 1

FEATHER RIVER AQMD 10.1 - 27