STAFF REPORT

Proposed New Rule:

Rule 434—Emissions Statements

Proposed for Adoption Hearing: April 25, 2013

Date of Public Release: March 26, 2013

Schedule of Workshops

• Date of Public Workshop on Proposed Rule: 

• 3:00 p.m., Monday, April 8, 2013, District Office, 629 Entler Avenue, Suite 15, 

Chico, CA

Schedule of Hearings

• Date of Board Adoption Hearing: 

• 10:00 a.m., Thursday, April 25, 2013, Chico City Council Chambers, 421 Main 

Street, Chico, CA 
STAFF REPORT 

Proposed New Rule:

Rule 434—Emissions Statements

Proposed for Adoption Hearing: April 25, 2013

Oroville City Hall

1735 Montgomery Street, Oroville, CA

Contents Page 

Executive Summary ...................................................... 3

1. Program Purpose ...................................................... 3

2. Applicability ....................................................... 3

3. Discussion ....................................................... 3

4. Requirements ....................................................... 4

5. Cost Impacts/Cost Effectiveness................................................ 4

6. Alternatives ....................................................... 4

7. Environmental Review ...................................................... 4

8. Required Findings ........................................................ 6

9. Attachments ........................................................ 7

Attachment A Rule 434—Emissions Statements

Attachment B Notice of Public Workshop and Hearing

Attachment C Draft Resolution of Adoption
Executive Summary

Proposed Rule 434 implements the requirements of the Clean Air Act (CAA) 

Section 182 (a)(3)(B)(i) which requires that states with areas designated as 

nonattainment for ozone require emissions data from sources of oxides of 

nitrogen and volatile organic compounds (VOCs) located in the nonattainment 

areas. 

Butte County Air Quality Management District (District) proposed Rule 434 will 

require owners and/or operators of stationary sources emitting NOX or VOC 

emissions to provide the District with an annual statement of actual emissions of 

these pollutants, certified by a responsible official of the company. 

1. Purpose:

The purpose of the proposed new rule is to establish the requirements for the submittal of 

emission statements from specified stationary sources pursuant to the requirements of the 1990 

amendments to the Clean Air Act Section 182(a)(3)(B). 

2. Applicability:

The requirements of the proposed new rule are applicable to every stationary source permitted by 

the District which emit or may emit oxides of nitrogen or reactive organic compounds.

3. Discussion:

Rule 434: Proposed Rule 434 applies to all official documents submitted to the District. All 

official documents shall contain a certification signed and dated by a responsible official of the 

company, which attests that the information contained in the submitted documents is accurate to 

the best knowledge of the individual certifying the submission. The District currently requires 

certification consistent with the proposed rule on documents submitted, including, but not limited 

to: permit applications; response documents from the notices to comply and notices of noncompliance program; emissions statements; and submissions for variances. 

Proposed Rule 434 also requires the owner or operator of a stationary source that emits or may 

emit oxides of nitrogen and VOCs to provide the APCO with a written statement showing the 

actual emissions of oxides of nitrogen and VOCs from that source, pursuant to the requirements 

of the CAA Section 182(a)(3)(B)(i). At a minimum, the emissions statement shall be submitted 

as specified in the transaction format detailed in the CARB “California Emission Inventory 

Development and Reporting System.” The existing inventory program is consistent with the 

proposed rule, and no additional statements will be required as a result of the rule adoption. 
4. Requirements:

The proposed rule requires the owner or operator of any stationary source that is subject to this 

rule to provide the District with a written emissions statement showing actual emissions or 

operational data allowing the District to estimate actual emissions from that source. Emissions 

calculations shall be based on emission factors approved by the Air Pollution Control Officer 

(APCO). 

The emission statement shall be on a form or in a format specified by the APCO and shall 

contain emission data for the time period specified by the APCO. Emission statements shall be 

submitted annually.

The APCO may waive the requirements to any class or category of stationary sources which emit 

less than 25 tons per year of oxides of nitrogen or reactive organic compounds if the District 

provides the California Air Resources Board with an emission inventory of sources emitting 

greater than 10 tons per year of nitrogen oxides or reactive organic compounds.

All official documents submitted to the District shall contain a certification signed and dated by a 

responsible official of the company attesting that the information contained in the submitted 

documents is accurate to the best knowledge of the individual certifying the submission. These

requirements apply to, but are not limited to, the emissions statements required in Section 3 of 

this rule. 

5. Impacts/Cost Effectiveness:

Proposed new Rule 434 will not have an adverse economic impact on the entities subject to the 

proposed rule. The District currently requests and collects emissions statements pursuant to 

reporting requirements. This rule formalizes the current procedure in rule format to meet the 

CAA requirement.

6. Alternatives:

The Governing Board may choose to:

a) Approve the rules as proposed; 

b) Direct staff to modify the proposed amended and new rules after receiving public comments 

during the hearing; or

c) Take no action.

7. Environmental Review and Compliance:

California Environmental Quality Act (CEQA): Applicants for stationary source permits under 

District rules are already required to obtain permits under the Clean Air Act. The proposed new 

rule requirements do not affect existing requirements but clarify applicability. There is no potential 

for adverse environmental impacts with the adoption of this proposed rule. 
According to the above conclusion, Staff finds that the proposed rule is exempt from the 

California Environmental Quality Act (CEQA) because 1) it can be seen with certainty that there 

is no possibility that the activity in question may have a significant adverse effect on the 

environment (CEQA Guidelines §15061(b)(3)) and 2) it is an action by a regulatory agency for 

protection of the environment (Class 8 Categorical Exemption, CEQA Guidelines §15308).

Public Notice and Comment: District staff will hold a proposed rule workshop on April 8, 

2013, after the official notice is published in a local paper prior to the public hearing. Notice of 

this workshop was posted on the District website. Comments received and District responses will 

be included as an attachment to this Staff Report.
8. Required Findings:

Findings required by Division 26 of the California Health and Safety Code requires local districts 

to comply with a rule adoption protocol as set forth in Section 40727 of the Code. This section 

has been revised through legislative mandate to contain six findings that the District must make 

when developing, amending, or repealing a rule or regulation. These findings and their 

definitions are included in the following table:

FINDING DEFINITION REFERENCE

Authority A District shall adopt Rules and 

regulations and do such acts as may be 

necessary or proper to execute the 

powers and duties granted to, and 

imposed upon, the District by this 

division and other statutory 

provisions.

California Health and Safety Code 

Division 26, Part 3, Sections 40000 

and 40001, 40702, and 42300 et. seq., 

and Clean Air Act Section 182 are

provisions of law that provide the 

District with the authority to adopt 

these proposed amended rules.

Necessity The District has demonstrated that a 

need for the Rule, or for Rule 

amendment or repeal.

The proposed new rule clarifies

existing requirements to assist sources 

comply with those requirements.

Clarity The Rule is written or displayed so 

that its meaning can easily be 

understood by the persons directly 

affected by it.

There is no indication that the 

proposed rule is written in such a 

manner that persons affected by the 

rule cannot easily understand it.

Consistency This Rule is in harmony with, and not 

in conflict with or contradictory to, 

existing statutes, court decisions, or 

State or federal regulations.

The District has found that the 

proposed new rule is consistent with 

applicable statutory requirements

NonDuplicationThe Rule does not impose the same 

requirements as an existing State or 

federal regulation, unless the District 

finds that the requirements are 

necessary and proper to execute the 

powers and duties granted to, and 

imposed upon, the District.

The proposed amended rules do not 

duplicate State or federal requirements

but serve to fully inform affected 

sources of the existing requirements 

and are necessary in order to execute 

the powers and duties imposed upon 

the District.

Reference Any statute, court decision, or other 

provision of law that the district 

implements, interprets, or makes 

specific by adopting, amending, or 

repealing a regulation.

California Health and Safety Code 

Division 26, Part 3, Sections 40000 

and 40001, 40702, and 42300; Clean 

Air Act amendments of 1990 and 

related regulations.

9.0 Attachments:

Attachment A Rule 434—Emissions Statements

Attachment B Notice of Public Workshop and Hearing

Attachment C Draft Resolution of Adoption
Attachment A

Rule 434—Emissions Statements

Rule 434-Emission Statement

(Proposed for Adoption April 25, 2013)

RULE 434

1 PURPOSE: This rule establishes the requirements for the submittal from specified 

stationary sources in accordance with the requirements of the 1990 Clean Air Act [Section 

182(a)(3)(B)]. 

2 APPLICABILITY: The requirements of this rule are applicable to any stationary source 

which emits or may emit oxides of nitrogen or reactive organic compounds.

3 REQUIREMENTS

3.1 The owner or operator of any stationary source that is subject to this rule shall 

provide the Butte County Air Quality Management District (District) with a written 

emission statement showing actual emissions or operational data allowing the 

District to estimate actual emissions from that source. Emission calculations shall be 

based on emission factors approved by the APCO. 

3.2 The emission statement shall be on a form or in a format specified by the Air 

Pollution Control Officer (APCO) and shall contain emission data for the time 

period specified by the APCO. Emission statements shall be submitted annually.

4 ADMINISTRATIVE REQUIREMENTS

4.1 The APCO may waive the requirements of Section 3 to any class or category of 

stationary sources which emit less than 25 tons per year of oxides of nitrogen or 

reactive organic compounds if the District provides the California Air Resources 

Board with an emission inventory of sources emitting greater than 10 tons per year 

of nitrogen oxides or reactive organic compounds.

4.2 All official documents submitted to the District shall contain a certification signed 

and dated by a responsible official of the company attesting that the information 

contained in the submitted documents is accurate to the best knowledge of the 

individual certifying the submission. The requirements of this Section apply to, but 

are not limited to, the emissions statements required in Section 3 of this rule. 
Attachment B

Notice of Public Workshop and Hearing

NOTICE OF PUBLIC HEARING AND WORKSHOP

NOTICE IS HEREBY GIVEN that the Butte County Air Quality Management District (District) 

Governing Board will hold a public hearing to consider adoption of proposed new Rule 434—

Emissions Statements to establish emission reporting requirements from specified stationary 

sources in accordance with the requirements of the 1990 Clean Air Act, Section 182(a)(3)(B).

The time, date, and location of the public workshop and hearing are given below:

Public Workshop: Monday, April 8, 2013 at 3 p.m., District Office, 629 Entler Avenue, 

Suite 15, Chico, CA.

Public Hearing to Consider Adoption: Thursday, April 25, 2013 at 10:00 a.m., City of 

Oroville City Hall, 1735 Montgomery Street, Oroville, CA.

The Staff Report and proposed rules may be reviewed at the District office at the address below 

or on the District website: www.bcaqmd.org. For additional information please contact Armen 

Kamian at (530) 332-9400, ext. 108. Written comments on the proposed new rule must be 

submitted by April 16, 2013 to: Board Clerk, Butte County Air Quality Management District, 

629 Entler Avenue, Suite 15, Chico, CA 95928.

DATED: March 26, 2013

By: W. James Wagoner

AIR POLLUTION CONTROL OFFICER
Attachment C

Draft Resolution of Adoption

DRAFT RESOLUTION 2013-04

BEFORE THE BOARD OF DIRECTORS OF

BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT

STATE OF CALIFORNIA

Resolution 2013-04...................................)

Adopt Proposed Rule 434 .........................)

WHEREAS, the Butte County Air Quality Management District Governing Board obtains its authority to 

adopt, amend, or repeal rules and regulations from California Health and Safety Code Sections 40000, 

40001, 40701, 40702 and federal Clean Air Act amendments of 1990;

AND WHEREAS, the Butte County Air Quality Management District Governing Board has determined that 

the proposed rule is written such that the meaning can be understood by the persons directly affected by it 

(Health and Safety Code Section 40727(b)(3));

AND WHEREAS, the Butte County Air Quality Management District Governing Board has determined that 

the proposed rule is in harmony with, and not in conflict with or contradictory to existing statutes, court 

decisions, or state or federal regulations (Health and Safety Code Section 40727(b)(4));

AND WHEREAS, the Butte County Air Quality Management District Governing Board has determined that 

the adoption of Rule 434—Emissions Statements is necessary to clarify the requirements of the federal 

Clean Air Act amendments of 1990;

AND WHEREAS, the Butte County Air Quality Management District Staff conducted a public workshop on 

April 8, 2013 to receive comments, and the Governing Board conducted a public hearing on April 25, 2013

to consider adoption of the proposed rule;

THEREFORE, BE IT RESOLVED, that the Butte County Air Quality Management District Governing Board

hereby adopts Rule 434, as proposed in the attachments to the April 25, 2013 staff report. 

On Motion of ______________, Seconded by _____________, the foregoing resolution is hereby PASSED 

AND ADOPTED BY THE Air Quality Management District Governing Board of Directors on this 25th day of

April, 2013 by the following:

AYES:

NOES: 

ABSTAIN:

ABSENT:

_______________________________________

W. James Wagoner, Air Pollution Control Officer

Butte County Air Quality Management District

I hereby attest that this is a true and correct copy of the action taken by the Butte 

County Air Quality Management District Board of Directors on April 25, 2013.

ATTEST: ______________________________________

Robyn Sousa, Clerk of the Governing Board