10.1 - FEATHER RIVER AQMD 10.1 - 1

RULE 10.1 - NEW SOURCE REVIEW

A. PURPOSE (Adopted 2/8/93; Amended 9/13/93, Sec. A.2 effective 11/20/01; Amended 4/11/94, Sec.A.2 

effective 4/11/94; Amended 6/7/04; proposed to be amended 10/05/09)

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 (Adopted 2/8/93; proposed to be amended 10/05/09)

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. The Regulations in 

effect at the time any application for an Authority to 

Construct is deemed complete shall apply in all cases, 

except when a new federal requirement not yet 

incorporated into this Rule applies to the new or 

modified source.

C. EFFECTIVE DATE (Adopted 2/8/93)

This Rule shall become effective upon the date of adoption.

D. DEFINITIONS (Adopted 2/8/93; Amended 9/13/93; Amended 4/11/94; Amended 6/7/04; Proposed to be 

Amended 10/05/09)

For the purpose of this Rule, the definitions below shall 

apply:

D.1 Actual Emissions: MeasuredMeans the actual rate of 

emissions measured or estimated emissions which most 

accurately represent the emissions from an emissions 

unit.

D.2 Actual Emission Reductions: A reduction in actual 

emissions from an emissions unit selected for emission 

offsets or banking.
10.1 - FEATHER RIVER AQMD 10.1 - 2

a. Actual emission reductions shall be calculated 

pursuant to Section F. of this Rule and shall be 

real, surplus, enforceable, quantifiable and 

permanent.

b. Emission reductions attributed to a proposed 

control measure may become eligible as actual 

emission reductions in the following 

circumstances:

1. Control measures which are identified in the 

District air quality plan or state 

implementation plan where no rule has been 

adopted within two years from the scheduled 

adoption date.

2. Control measures not identified in the 

District air quality plan or state 

implementation plan where no rule has been 

adopted within two years from the date of the

latest public workshop notice.

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 those substances regulated by the 

EPA or the ARB, oreach 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 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 Best Available Control 

Technology be determined to be less stringent than the 

emission control required by any applicable provision 

of District, state, or federal laws or regulations, 
10.1 - FEATHER RIVER AQMD 10.1 - 3

unless the applicant demonstrates to the satisfaction 

of the APCO that such limitations are not achievable.

D.6 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 or for an emission reduction credit.. 

Completeness shall be evaluated on the basis of a list 

of 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.7 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.8 Control Efficiency: The estimated control efficiency of 

the proposed air pollution control technology which 

will be incorporated, by means of enforceable permit 

conditions, in the authority to construct and permit to

operate.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. The 

requirements for an Authority to Construct and Permit 

to Operate are defined in Regulation IV.

D.9 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

DistrictAPCO.

D.10 Daily Emissions Limitation: One or a combination ofmore

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. A daily emissions limitation 

must be:

c. Contained in the latest authority to construct and 

contained in or enforceable by the latest permit 

to operate covering the emission unit; and

d. Enforceable on a daily basis; and

e. Established pursuant to a permitting action 

occurring after February 8, 1993 and used in the 

calculation of the potential to emit for the 

stationary source.

D.11 Day: A calendar day unless otherwise indicated.

D.12 Emission Reduction Credits (ERCs): Reductions of actual 

emissions certified in accordance with the requirements

of this rule and the District's Banking Rules. 

Reductions will be specified by pollutant, by location,

and in units of pounds per calendar quarter.
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D.13 Emissions Unit: An identifiable operation or piece of 

process, or control equipment such as an article, 

machine, or other contrivance which emits, may emit, or

results in the emissionsemission of any affected 

pollutant, directly or as fugitive emissions. 

Emissions unit shall not include open burning of 

agricultural biomass.

D.14 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.

D.14D.15 Fluorides: Elemental fluorine and all fluoride 

compounds.

D.15D.16 Fugitive Emissions: Those emissions which can not 

reasonably pass through a stack, chimney, vent or other

functionally equivalent opening.

D.16 Halogenated Hydrocarbons: methylene chloride 

(dichloromethane); 1,1,1,-trichloroethane (methyl 

chloroform); 1,1,1,-trichloro-2,2,2-

trifluoroethane (CFC-113); trichlorofluoromethane 

(CFC-11); dichlorodifluoromethane (CFC-12); 

chlorodifluoromethane (CFC-22); trifluoromethane 

(FC-23); 1,2-dichloro-1,1,2,2-tetrafluoroethane 

(CFC-114); chloropentafluoroethane (CFC-115); 

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

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

dichloro-1-fluoroethane (HCFC-142b); 2-chloro1,1,1,2-tetrafluoro-ethane (HCFC-124); 

pentafluoroethane (HFC-125); 1,1,2,2-

tetrafluoroethane (HFC-134); 1,1,1-trifluoroethane

(HFC-143a); 1,1-difluoroethane (HFC-152a); and 

perfluorocarbon compounds which fall into these 

classes:cyclic, branched, or linear, completely 

fluorinated alkanes,

1. cyclic, branched, or linear, completely 

fluorinated ethers with no unsaturations,

2. cyclic, branched, or linear, completely 

fluorinated tertiary amines with no 

unsaturations, and

f. saturated perfluorocarbons containing sulfur with 

sulfur bonds only to carbon and fluorine.

Perfluorocarbon compounds will be assumed to be absent 

from a product or process unless a manufacturer or 

facility operator identifies the specific individual 

compounds (from the broad classes of perfluorocarbon 

compounds) and the amounts present in the product or 
10.1 - FEATHER RIVER AQMD 10.1 - 5

process and provides a validated test method which can 

be used to quantify the specific compounds.

D.17 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 Air Pollution Control 

Officer, then two a consecutive years of 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. For open biomass burning the emissions 

baseline years will be a five year period (1988 through

1992) and emissions shall be calculated under Section K

of Rule 10.2.

D.18 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.19 Impact Analysis: An air quality modeling analysis used 

to estimate the maximum ground level concentration of 

any pollutant subject to this Rule. Maximum ground 

level concentration, added to background levels shall 

be compared to ambient air quality standards.

A.2. Major Stationary Source: A Any stationary source is a 

major source for the affected pollutant if it of air 

pollutants that emits, or has the potential to emit an 

affected pollutant in quantities equal to or exceeding 

any of the following thresholds:

a. For the SFNA portion of the FRAQMD –

25 tons per year of nitrogen oxides, 

D.20 25 tons per year of reactive organic compounds, 

a. 100 tons per year of carbon monoxide, or more of 

any affected pollutant, or

10025 tons per year of PM10, or levels specified 

in the federal Clean Air Act of 1990, Section 

112(a)(1);

b. For All other areas within the FRAQMD –

100 tons per yearmore of nitrogen oxides,
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b. 100 tons per year of or reactive organic 

compounds,gases if located in the SFNA.

100 tons per yearThe fugitive emissions of carbon 

monoxide, 

100 tons per yeara stationary source shall not be 

included in determining for any of PM10, or levels 

specified in the federal Clean Air Actpurposes of 1990,

Section 112this 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.21 Major Modification: ModificationA modification as 

defined in section D.22 to a major stationary source 

which results in ana net increase in the potential to 

emit greater than the following amountsof the pollutant

for which the source is classified as a major source, 

equal to or exceeding any of the following thresholds:

a. For the SFNA portion of the FRAQMD, 25 tons/year 

of nitrogen oxides or reactive organic 

compoundsgases aggregated with all other increases

in potential to emit of the same pollutant over 

the period ofa five consecutive yearsyear period

before the application for modification, including

the calendar year of the most recent application.

c. For All other areas within the FRAQMD, 40 

tons/year of nitrogen oxides or reactive organic 

gases.

D.22 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.

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.
10.1 - FEATHER RIVER AQMD 10.1 - 7

D.23 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.24 Nonattainment Pollutant: Any pollutant, as well as any 

precursors of such pollutant, which has been designated

nonattainment by the EPA in the Federal Register40 CFR 

81.305, or which has been designated nonattainment by 

the ARB pursuant to Section 39607, HCH & S Code.

D.25 Non-permitted Emissions: Those emissions of an air 

pollutant into open air from non-permitted 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.26 North FRAQMD: That 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.27 Offset: The use of anAn emission decrease to 

compensatereduction that compensates for an emission 

increase of an affected pollutant from a new or 

modified stationary source subject to the requirements 

of the District's New Source Review Rule. Reductions 

in emissions from rice straw burning qualify for

offsets pursuant to Section 41865 of the H & S 

Code.E.2.

D.28 PM10: Particulate matter with aerodynamic diameter 

smaller than or equal to a nominal 10 microns.

D.28D.29 Permanent: Actual emission reductions that occur 

for the life of the project. Except for open burning 

biomass ERCs, when ERCs are used as measured by an 

applicable reference test method,offsets, emission 

reductions must last the life of the new or methods 

found in Article 2, Subchapter 6, Title 17, California 

Code of Regulations (commencing with section 

94100).modified source emission increases for which 

they are used.

D.29D.30 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 
10.1 - FEATHER RIVER AQMD 10.1 - 8

part of its design only if the limitation, or the 

effect it would have on daily emissions is incorporated

into the applicable permit as ana legally and 

practically enforceable permit condition.

D.30D.31 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 

CompoundsGases

a. Photochemical oxidants (Ozone)

b. The organic fraction of PM10

Nitrogen Oxides a. Nitrogen dioxide 

b. The nitrate fraction of PM10.

c. Photochemical oxidants (Ozone)

Sulfur Oxides a. Sulfur dioxide

b. Sulfates

c. The sulfate fraction of PM10

D.31D.32 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.

A.3. Reactive Organic Compound (ROC, ROG, or VOC): Any 

compound containing carbon except: ethane, carbon 

monoxide, carbon dioxide, carbonic acid, metallic 

carbides or carbonates, ammonium carbonates, and 

halogenated hydrocarbons.

A.4. Real, Surplus, Permanent, Quantifiable, and 

Enforceable:

a. A real emission reduction means that actual air 

emissions are reduced.

b. Surplus emission: Emission reductions are in 

excess of any emission reduction which is required

or encumbered by any laws rules, regulations, or 

orders; or attributed to a control measure noticed

for workshop, or proposed or contained in the 

state implementation plan; or contained as nearterm measures in the adopted District Air Quality 

Plan for attaining annual reductions required for 

the California Clean Air Act (CCAA).

c. Permanent emission reductions will occur for the 

life of the project. Tothat can be permanent, 

emission reductions must continue while the ERCs 

are banked. Except for open burning biomass ERCs, 

when ERCs are used as offsets, emission reductions
10.1 - FEATHER RIVER AQMD 10.1 - 9

must last the life of the new or modified source 

emission increases for which they are used. ERCs 

may be leased or temporarily transferred as 

offsets subject to other requirements of Rule 

10.2.

D.32D.33 Quantifiable refers to emission reductions that 

are calculated and characterized for future 

use.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. Enforceable emission reductions are assured by 

verifiable and legally binding conditions on a 

Permit to Operate that limits emission rates over 

testable time averaging periods or a legally 

binding written contract may be executed with the 

District. For open biomass burning ERCs, the no 

burn list or other means may also be utilized to 

meet requirements of enforceability. 

D.34 Reactive Organic Gases: Any compound of carbon, 

excluding carbon monoxide, carbon dioxide, carbonic 

acid, metallic carbides or carbonates, and ammonium 

carbonate, and excluding the following:

a. methane;

b. methylene chloride (dichloromethane);

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

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

e. trichlorofluoromethane (CFC-11);

f. dichlorodifluoromethane (CFC-12);

chlorodifluoromethane (HCFC-22);

g. trifluoromethane (HFC-23);

h. 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);

i. chloropentafluoroethane (CFC-115);

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

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

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

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

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

o. pentafluoroethane (HFC-125);

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

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

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

s. cyclic, branched, or linear completely methylated 

siloxanes;

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

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

v. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-
10.1 - FEATHER RIVER AQMD 10.1 - 10

10mee);

w. difluoromethane (HFC-32);

x. ethylfluoride (HFC-161);

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

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

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

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

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

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

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

ff. chlorofluoromethane (HCFC-31);

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

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

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

(C4F9OCH3 or HFE-7100);

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

heptafluoropropane ((CF3)2CFCF2OCH3);

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

(C4F9OC2H5 or HFE-7200);

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

heptafluoropropane ((CF3)2CFCF2OC2H5);

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

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

(trifluoromethyl) hexane (HFE-7500);

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

pp. methyl formate (HCOOCH3);

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

trifluoromethyl-pentane (HFE-7300);

rr. dimethyl carbonate;

ss. propylene carbonate;

a.tt. 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; and

uu. the following 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);
10.1 - FEATHER RIVER AQMD 10.1 - 11

D.35 Real: A real emission reduction means that actual air 

emissions are reduced.

D.33D.36 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.34D.37 Reduced Sulfur Compounds: The sulfur compounds 

hydrogen sulfide, carbon disulfide, and carbonyl 

sulfide.

D.35D.38 Sacramento Federal Non-Attainment Area for Ozone 

(SFNA): The area defined in 40CFR Section 81.305 for 

the Sacramento Metro Area.

D.36D.39 Seasonal Source: Any source with more than 

seventy-five percent (75%) of its annual emissions 

within a consecutive 120 day period.

D.37D.40 Shutdown: Either the earlier of the permanent 

cessation of emissions from an emitting unit or the 

surrender of that unit's operating permit. 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.

D.38D.41 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 which may be separated by a public 

right of way. On a case-by-case basis, offsite 

support facilities may be included when reviewing 

major stationary source applicability.

c. For purposes of Rule 10.2 open biomass burning 

will be considered a source and such activity 

requires an annual burning permit. 
10.1 - FEATHER RIVER AQMD 10.1 - 12

D.39D.42 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.43 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 State Implementation Plan (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 publiclyavailable 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 C.F.R. 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.

D.40D.44 Total Reduced Sulfur Compounds: The sulfur 

compounds hydrogen sulfide, methyl mercaptan, dimethyl 

sulfide and dimethyl disulfide.
10.1 - FEATHER RIVER AQMD 10.1 - 13

D.41D.45 Volatile Organic Compound(VOC): shall have the 

same meaning as reactive organic compoundgases.

E. REQUIREMENTS (Adopted 2/8/93; Amended Sec. E.1 9/13/93, Sec. E.1, E.2.a, & E.2.b additional 

amendments effective 11/20/01; Amended 3/22/99; Amended 6/7/04; Proposed to be amended 10/05/09)

Any emissions unitstationary source subject to this Rule 

shall be subject to the following requirements:

E.1 Best Available Control Technology (BACT): An 

applicantFor 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 portion 

of the FRAQMD, BACT shall apply BACT to anyall 

emission units located at a new emissions 

unitmajor source or to the modification of an 

existing emissionsemission unit that results in a 

major modification.

a.b. 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 

emissionsemission increase, if the potential to 

emit forof the emissionsemission unit equals or 

exceeds the following amounts:10.0 pounds per day.

c. 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, if the potential to emit of the

emission unit equals or exceeds 25.0 pounds per 

day.

d. 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

SFNA 

portion of 

FRAQMD

North

FRAQMD

Reactive organic 

compounds 10.0 25.0
10.1 - FEATHER RIVER AQMD 10.1 - 14

Table 1: BACT thresholds

Pollutant Pounds/Day

Nitrogen oxides 10.0 25.0

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: Emission reductions shall be sufficient to 

offset calendar quarter emission increases of 

nonattainment pollutants or their precursors associated

with a

b.a. For each new or modified stationary source, the 

emission increases and shall be the post-project 

potential to emit for a project, as determined 

pursuant to Section F of this Rule, shall be 

offset as follows:

e. Offsets shall be required for a new stationary 

source with potential to emit, calculated pursuant

to Section F.3, nonattainment pollutants or their 

precursors equal to or exceeding 10 tons per year 

for the SFNA portion of the FRAQMD or 25 tons per 

year for areas of FRAQMD not within the SFNA. The 

amount of offsets required shall be at least equal

to that portion of the potential to emit which 

exceeds 10 tons per year or 25 tons per year

respectively.

f. Offsets shall be required for a modified 

stationary source under the following conditions:

1. An existing stationary source which has a 

potential to emit, as of September 13, 1993, 

less than 10 tons per year for the SFNA 

portion of the FRAQMD or 25 tons per year 

for areas of FRAQMD not within the SFNA of 

nonattainment pollutants or their 

precursors, shall offset that portion of the 

stationary source's potential to emit which 

exceeds 10 tons per year for the SFNA 

portion of the FRAQMD or 25 tons per year 

for areas of FRAQMD not within the SFNA from 

new or modified emissions units. A 
10.1 - FEATHER RIVER AQMD 10.1 - 15

stationary source's potential to emit shall 

be calculated pursuant to Section F.3. 

After the potential to emit for a stationary 

source has exceeded these levels, and the

applicant has provided actual emissions 

reductions to offset emission increases in 

excess of these levels, all future increases 

from new or modified emissions units shall 

be offset; and

2. An existing stationary source which has a 

potential to emit, calculated pursuant to 

Section F.3, nonattainment pollutants or 

their precursors equal to or exceeding 10 

tons per year for the SFNA portion of the 

FRAQMD or 25 tons per year for areas of 

FRAQMD not within the SFNA as of September 

13, 1993, shall offset any increases in 

potential to emit resulting from the 

permitting of a new or modified emissions 

unit.

1. For a project located in the SFNA 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 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.

3. 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.

4. 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. 
10.1 - FEATHER RIVER AQMD 10.1 - 16

c.e. Location of Offsets and Offset Ratios:

1. The applicable offset ratio and corresponding 

distance fromshall be determined based on the

location of the new or modified stationary 

source which is required to obtain offsets in

all areas of FRAQMD not within the SFNA shall

be:and the distance to the location of the 

emission offsets, as indicated in the 

following tables.

Major Stationary Sources/Major Modifications 

Not Contained within SFNATable 2: For 

projects required to obtain offsets pursuant 

to E.2.a.1 and E.2.a.2.

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.153:1

Within 2015-mile radius and within 

the SFNA 1.23:1

Greater than 2015-mile radius, but 

within 50-mile radius and within 

the SFNA

1.5:1

More than 50-mile radius and 

within SFNA 2.0:1

Table 3: For projects required to obtain 

offsets pursuant to E.2.a.3 

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 4: For projects required to obtain 

offsets pursuant to E.2.a.4. 

Location of Emission Offsets

Emission 

Offset 

Ratio

Same Source 1.0:1

Within 15-mile radius and within 

the SFNA 1.2:1
10.1 - FEATHER RIVER AQMD 10.1 - 17

Table 4: For projects required to obtain 

offsets pursuant to E.2.a.4. 

Location of Emission Offsets

Emission 

Offset 

Ratio

Greater than 15-mile radius, but 

within 50-mile radius and within 

the SFNA

1.5:1

More than 50-mile radius and 

within SFNA 2.0:1

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

a net air quality benefit, as determined by 

the APCO.

1. Offsets which are not on-site must result in 

a net air quality benefit, as determined by 

the APCO.

Major Stationary Sources/Major Modifications within SFNA

Location of Emission 

Offsets

Emission Offset Ratio

Reactive Organic 

Compounds or Nitrogen 

Oxides

Sulfur Oxides, PM10, 

or Carbon Monoxide

Same Source 1.3:1 1.0:1

Within 15-mile 

radius and within 

Sacramento Valley 

Air Basin

1.3:1 1.2:1

Greater than 15-mile 

radius, but within 

50-mile radius and 

within Sacramento 

Valley Air Basin

1.5:1 1.5:1

More than 50-mile 

radius and within 

Sacramento Valley 

Air Basin

2:1 2:1

2.3. Offsets which are obtained from a source 

located, in another Air District may be used 

only if the provisions of HCH & 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 located in another Air District

within the SFNA may be used only if the 
10.1 - FEATHER RIVER AQMD 10.1 - 18

provisions of section E.2.c.3 above are met 

and EPA approval is obtained.

d.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(.c.). 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 used for federal 

requirements shall also require EPA approval.

e.g. Emissions of reactive organic compoundsgases

during the quarters starting April 1 and July 1 

may be used to offset positive emission 

changesincreases of reactive organic 

compoundsgases during the quarters starting 

October 1 and January 1.

f.h. Emissions of nitrogen oxides during the quarters 

starting April 1 and July 1 may be used to offset 

positive emission changesincreases of nitrogen 

oxides during the quarters starting October 1 and 

January 1.

E.2E.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.3E.4 Denial, Failure to Meet Standards: The APCO shall

deny any Authority to Construct or Permit to Operate if

the APCO finds that the subject of the application 

would not comply with the standards set forth in this 

Rule.

E.4E.5 Compliance by Other Owned, Operated, or Controlled 

Sources: The owner or operator of a proposed new or 

modifiedmajor source or major modification shall 
10.1 - FEATHER RIVER AQMD 10.1 - 19

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, or on a schedule for 

compliance, with all applicable emission limitations 

and standards.

E.5E.6 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 ruleRule.

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 Air 

Pollution Control Officer shall require the applicant 

to prepare an alternative siting analysis that is 

functionally equivalent to the requirements of Division

13 of the Public Resources Code (California 

Environmental Quality Act-CEQA). An authority to 

construct shall not be issued unless the Air Pollution 

Control Officer has concluded, based on the information

contained in the alternative siting analysis, that the 

benefits of the proposed source significantly outweigh 

the environmental and social costs imposed as a result 

of its location, construction, or modification.

F. CALCULATIONS (Adopted 2/8/93; Proposed to be amended 10/05/09)

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 forlocated at a stationary source.

F.1 Procedure: This Emission calculation 

procedurerequirements: 
10.1 - FEATHER RIVER AQMD 10.1 - 20

a. For each project a separate emission calculation

shall be performed separatelymade for each 

emission unit, affected pollutant emitted, and 

each emissions unit. Emission increases and 

decreases shall be calculated separately for each 

calendar quarter as follows.

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.1F.2 Emissions change calculations:

a. The emissions change for each 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 emissions unit and for each 

pollutantare 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.

a.c. The emissions change for modified emission units

shall be calculated using Section F.2by 

subtracting the historic actual emissions from the

emission limits proposed in the current 

application.

g. If an increase is calculated for a pollutant:

d. If the emissions change for modified emission 

unit(s) calculated pursuant to Section F.2.b. or 

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 the historic actual emissions times the new 

overall control efficiency.

F.3 Section E requirements based on Section F emission 

calculations:

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

determine if BACT is requiredapplicability.

c.b. SectionsThe provisions of Section E.2 and F.3.

shall be used to determine the amountquantity of 

offsets required.

h. If the Section F calculation procedures determine 

the project will result in a decrease is 
10.1 - FEATHER RIVER AQMD 10.1 - 21

calculated for a pollutant, Section F.2(b) shall 

be used to determine if emission reduction credits

are generated.

d.c. For or no change in emissions, no further 

calculationsBACT and offsets are not required.

A.5. Calculating Emissions Changes:

a. Emissions Increase:

The emissions change for a new or modified 

emissions unit shall be calculated by subtracting 

historic potential emissions from proposed 

emissions.

Emissions change = proposed emission less historic

potential emissions

b. Actual Emission Reductions:

1. Shutdown of an emissions unit:

Actual emission reductions = Historic actual 

emissions

2. Modification consisting solely of application 

of control equipment or implementation of 

more efficient process:

Actual emission reductions = Historic actual 

emissions x control efficiency

3. Other modifications:

Actual emission reductions = Historic actual 

emissions less proposed emissions

F.2F.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 (Adopted 2/8/93; proposed to be amended 10/05/09)

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:
10.1 - FEATHER RIVER AQMD 10.1 - 22

G.1 Air quality models shall be consistent with thebased on

applicable air quality model, data bases, and other

requirements containedspecified in the most recent 

editionappendix W of EPA's "Guidelines on Air Quality 

Models, OAQPS 1.2-080",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 Air Resources Board and the 

Environmental Protection Agency. 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;

G.2G.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 (Adopted 2/8/93; Proposed to be amended 10/05/09)

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 
10.1 - FEATHER RIVER AQMD 10.1 - 23

Rule and make a preliminary written decision as to 

whether a permitan Authority to constructConstruct

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, 

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 

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 Actions: 

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, Permits to Operate:

a. As a condition for the issuance of a permitPermit

to operateOperate, 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 
10.1 - FEATHER RIVER AQMD 10.1 - 24

with this Rule. The Permit to Operate shall 

include daily emission limitations which reflect 

applicable emissions limitations, including Best 

Available Control Technology.

b. The Permit to Operate shall include daily emission 

limitations which reflect all applicable emissions

limitations, including Best Available Control 

Technology.

H.7 Requirements, Emission Reduction Credits (ERC):

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

Operate, anythe APCO shall ensure that the

stationary source which provides emission offsets 

shall beis subject to enforceable permit 

conditions, containing specific emissions 

limitations, and/or operational limitations which 

ensure that the emission reductions will be 

provided in accordance with the provisions of this

Rule and shall continue for the reasonably 

expected life of the proposed sourceare permanent 

and practically enforceable.

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

source, the District shallmay require the nonpermitted source to obtain an enforceable permit, 

complete with operational and emission 

limitations.

d.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. A violation of the emission 

limitation provisions of any such permit or 

contract shall be chargeable to the applicant.

d. A violation of the emission limitation provisions 

of any such contract shall be chargeable to the 

applicant.

H.7H.8 Issuance, Permit to Operate: 

a. The APCO shall only issue a permit to operate for 

any Permit to Operate after determining the 

emission unit(s) or stationary source which 

meetshas meet all the requirements of this Rule. 

Any offsets required as a condition of an 

Authority to Construct or amendment to a Permit to

Operate 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. Further, the
10.1 - FEATHER RIVER AQMD 10.1 - 25

a.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. 

b.c. Where a new or modified stationary sourceemissions 

unit is, in whole or in part, a replacement for an

existing stationary sourceemissions 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 stationary 

sourceemissions unit and the new source or

replacement.

H.8H.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. In addition, , except when a new

federal requirement not yet incorporated into this

Rule applies to the new or modified source. 

a.b. The APCO shall deny a Permitan 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.9H.10 Permit Conditions: 

a. The APCO shall place conditions on the Authority 

to Construct and/or Permit to Operate which will 

ensure that the construction, modification, or 

operation of a stationary source will comply with 

all applicable rules and regulations. Such

a.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 (Adopted 2/8/93; Amended 7/7/04; Proposed to be amended 10/05/09)

I.1 General: This Section shall apply to all power plants 

proposed to be constructed in the District and for 
10.1 - FEATHER RIVER AQMD 10.1 - 26

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 Air Resources Board and the California 

Energy Commission 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 Air Resources 

Board and the California Energy Commission 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 Best 

Available Control Technology for the proposed 

facility;

b. A preliminary discussion of whether there is 

substantial likelihood that the requirements of 

this Rule and all other District regulations can 

be satisfied by the proposed facility; 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.

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 PermitAuthority 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 

PermitAuthority to Construct during the Determination 

of Compliance review, and shall apply all provisions of
10.1 - FEATHER RIVER AQMD 10.1 - 27

this Rule which apply to an application for a Permit 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 

California Energy Commission 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 noncompliance, 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 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 a Permitan 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 
10.1 - FEATHER RIVER AQMD 10.1 - 28

certificate shall be issued a Permit to Operate by the 

APCO.
10.1 - FEATHER RIVER AQMD 10.1 - 29

RULE 10.1 - NEW SOURCE REVIEW

FIGURE 1