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 am ended 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 applicat ion 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 effect ive upon the date of adoption.

D. DEFINITIONS (A dopted 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 : Measured Means the actual ra te of
emissions m easured or estimated emissions which most accurately represent the emissions from an emissions
unit.
D.2 A ctual 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 emissi on 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, or each pollutant listed under Section
E.1 of this Rule.

D.4 Ambient Air Quality Standa rds : 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 Implementat ion Plan (SIP), all references to ambient air quality standards shal l 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 f or 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 differ ent 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 th e 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 boundar y 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 n ot 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
District APCO

. D.10 Daily Emissions Limitation : One or a combination of more permit conditions specific to an emissions unit which restricts its maximum daily emissions in pounds per day, at or below the emissions ass ociated 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; an d

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.10.1

- FEATHER RIVER AQMD 10.1

- 4

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 emissions emission of any affected pollutant
, directly or as fugitive emissions. Emissions unit shall not include open burnin g 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.14 D.15 Fluorides : Elemental fluorine and all fluoride compounds.
D.15 D.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

- trifluoroet hane (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

- dichloroet hane (HCFC

- 123); 1,1,1,2

- tetrafluoroethane (HFC

- 134a); 1,1

- dichloro

- 1

- fluoroethane (HCFC

- 142b); 2

- chloro

1,1,1,2

- tetrafluoro

- ethane (HCFC

- 124); pentafluoroethane (HFC

- 125); 1,1,2,2

- tetrafluoroethane (HFC

- 134); 1,1,1

- trifluoroethane (HFC

- 143a); 1,1

- difluoro ethane (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, compl etely 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 or10.1

- FEATHER RIVER AQMD 10.1

- 5 process and provides a validated test method which can be used to quantify the specific compou nds.
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 Pollu tion 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 ave raging 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 un it 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 g round 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 mon oxide, or more of any affected pollutant, or 100 25 tons per year of PM 10 , 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 year more of nitrogen oxides
,10.1

- FEATHER RIVER AQMD 10.1

- 6 b. 100 tons per year of or reactive organic compounds, gases if located in the SFNA

. 100 tons per year The fugitive emissions of carbon monoxide, 100 tons per year a stationary source shall not be included in determining for any of PM 10 , or levels specified in the federal Clean Air Act purposes of 1990,
Section 112 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.21 Major Modification : Modification A m odification as defi ned in section D.22 to a major stationary source
which results in an a net increase in the potential to
emit greater than the following amounts of 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 compounds gases aggregated with all other increases in potential to emit of the same pollutant over the period of a five consecutive years year period
before t he 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 exi sting 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 a ny 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 al l 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 Register 40 CFR
81.305 , or which has been designated nonatt ainment by the ARB pursuant to Section 39607, H C H & S Code.
D.25 Non

- permitted Emissions : Those emissions of an air pollutant into open air from non

- permitted emission sources that are not requi red 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 FRAQM

D : 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 figu re 1).
D.27 Offset : The use of an An emission decrease to compensate reduction 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. Reduc tions in emissions from rice straw burning qualify for offsets pursuant to Section 41865 of the H & S
Code. E.2.
D.28 PM 10 : Particulate matter with aerodynamic diameter smaller than or equal to a nominal 10 microns

. D.28 D.29 Permanent : Actual e mission reductions that oc cur 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.29 D.30 Potential to Emit : The maximum daily and annual capacity of an emission unit to emit a pollutant under its physical and operational d esign. 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 proc essed, shall be treated as10.1

- 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 an a legally and practically enforceable permit condition.
D.30 D.31 Precursor : A directly emitted pollu tant 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 POLLUTA NT

Reactive Organic Compounds Gases a. Photochemical oxidants (Ozone)
b. The organic fraction of PM 10 Nitrogen Oxides a. Nitrogen dioxide
b. The nitrate fraction of PM 10 .
c. Photochemical oxidants (Ozone)
Sulfur Oxides a. Sulfur dioxide
b. Sulfates

c . The sulfate fraction of PM 10

D.31 D.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 en forceable 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. Re al, 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, r egulations, or orders; or attributed to a control measure noticed for workshop, or proposed or contained in the state implementation plan; or contained as near

term 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. To that can be permanent, emission reductions must continue while the ERCs are banked. Except for open burning biomass ERCs,
when ERCs are used a s offsets, emission reductions10.1

- 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.32 D.33 Quantifiable refers to emissio n 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 con tract 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. trichlorofluor omethane (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

- tet rafluoroethane (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 (HCFC

225ca) ;

u. 1,3

- dichloro

- 1,1,2,2,3

- pentafluoropropane (HCFC

225cb) ;

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 ( C 4 F 9 OCH 3 or HFE

- 7100) ; jj. 2

- (difluoromethoxymethyl)

- 1,1,1,2,3,3,3

- heptafluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 ) ; kk. 1

- ethoxy

- 1,1,2,2,3,3,4,4,4

- nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE

- 7200) ; ll. 2

- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3

- heptafluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ) ;

mm. 1,1,1,2, 2,3,3

- heptafluoro

- 3

- methoxy

- propane (n

C 3 F 7 OCH 3 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 (HCOOCH 3 ) ;
qq. 1,1,1,2,2,3,4,5,5,5

- decafluoro

- 3

- meth oxy

- 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 eth ers 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

- reac tive organic compounds which have been exempted by the U.S. EPA:
1. acetone; 2. ethane;
3. methyl acetate;
4. perchloroethylene (tetrachloroethylene) ; and
5. p arachlorobenzotrifluoride (1

- chloro

- 4

- trifluoromethyl benzene) ;10.1

- FEATHER RIVER AQMD 10.1

- 11

D.35 Real : A real emission reduction means that actua l air
emissions are reduced.
D.33 D.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.34 D.37 Reduced Sulfur Compounds : The sulfur compounds hydrogen sulfide, carbon disulfide, and carbonyl
sulfide.
D.35 D.38 Sacramento Federal Non

- Attainment Area for Ozone (SFNA): The area defined in 40CFR Section 81.305 for
the Sacramento Metro Area.
D.36 D.39 Seasonal Source : Any source with more than seventy

- five percent (75%) of its annual emissions within a consecutive 120 day period.
D.37 D.40 Shutdown : Either the earlier of the permanent
cessation o f 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.38 D.41 Stationary Source : Any building, structure, or facility which emits or may emit any affected pollutant
di rectly 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 conn ected process involving a common raw material; and
b. Are located on one or more contiguous or adjacent properties which may be sep arated by a public right of way

. On a case

- by

- case basis, offsite support facilities may be included when reviewing major stati onary 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.39 D.42 South FRAQMD : That area of the Feather River Air Quality Management District which is south of a li ne 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, a nd 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
dist ributed 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 Sourc e 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 su pporting 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.40 D.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.41 D.45 Volatile Organic Compound(VOC) : shall have the same meaning as reactive organic compound gases

.

E. REQUIRE MENTS (Adopted 2/8/93 ; Amended Sec. E.1 9/13/93, Sec. E.1

, E.2 .a, & E.2.b additional

amendments effective 11/2 0/01 ; Amended 3/22/99 ; Amended 6/7/04 ; Proposed to be amended 10/05/09 )

Any emissions unit stationary source subject to this Rule shall be subject to the following requirements:

E.1 Best Available Control Technology (BACT) : An applicant 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 por tion of the FRAQMD
, BACT shall apply BACT to any all
emission units located at a new emissions
unit major source or to the modification of an existing emissions emission unit that result s 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 e mission unit which results in an emissions emission increase
, if the potential to
emit for of the emissions emission unit equals or
exceeds the following amounts: 10.0 pound s 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 pollutan t 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 th resholds listed in T able 1 :

Table 1: BACT thresholds
Pollutant Pounds/Day

SFNA portion of
FRAQMD North

FRAQMD

Reactive organic compounds 10.0 25.010.1

- FEATHER RIVER AQMD 10.1

- 14 Table 1: BACT thresholds
Pollutant Pounds/Day Nitrogen oxides 10.0 25.0 Particulate matter (PM 10 ) 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 sufficie nt 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

e mission increases and shall be the post

- project potential to emit for a project, as determin ed 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

res pectively

. 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. A10.1

- 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. A n existing stationary source which has a potential to emit, calculat ed 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 increa ses 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 maj or 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 t ons per year (t py ) 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

D istrict which has a potential to emit PM 10 or a PM 10 precursor at a rate of 2 5 tpy or more, all emission increases above 2 5 tpy
shall be offset

. b. All offsets shall be real, surplus, enforceable, quantifiable and permanent.

c. Offsets shall be provided on a qua rterly 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 whi ch 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 from shall 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 table s

.

Major Stationary Sources/Major Modifications

Not Contained within SFNA Table 2: For projects required to o btain offsets pursuant

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

.

Location of Emission Offsets Emission
Offset
Ratio

Same Source 1. 15 3 :1
Within 20 15

- mile radius and within
the SFNA 1. 2 3 :1

Greater than 20 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

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 1.2:110.1

- 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

- s ite 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 C arbon 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 withi n 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 H C H & S Code
Section 40709.6 are met and the involved Air Districts enter into an agreement formalized
b y 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 the10.1

- 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 qualit y 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 PM 10 and PM 10 precursors shall be allowed. PM 10 emissions
sha ll 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 compounds gases during the quarters starting April 1 and J uly 1 may be used to offset positive emission changes increases of reactive organic compounds gases 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 posit ive emission changes increases of nitrogen oxides during the quarters starting October 1 and January 1.
E.2 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.3 E.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.4 E.5 Compliance by Other Owned, Operated, or Controlled

Sources : The owner or operator of a proposed new or modified major source or major modification shall10.1

- 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.5 E.6 The PM 10 emiss ions 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 PM 10 emission factors. When applicable PM 10 emission fact ors do not exist, assume 50 percent of TSP
is PM 10 .

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 PM 10 . However, any subsequent

em issions increase in PM 10 emissions shall be subject to the offset requirements of this rule 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 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
Environme ntal 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 outw eigh 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 modi fied 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 for located at a stationary source.

F.1 Procedure : This Emission calculation

pro cedure requirements :10.1

- FEATHER RIVER AQMD 10.1

- 20 a. For each project a separate emission calculation
shall be performed separately made for each emission unit, affected pollutant emitted, and
each emissions unit. Emission increases and decreases shall be calculated separately for each

ca lendar 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.1 F.2 Emissions change calculations :

a. The emissions change for each ne w 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 pollutant 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.

a. c. T he emissions change for modified emission units
shall be calculated using Section F.2 by
subtr acting 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 no t 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 histori c 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 required applicability

.
c. b. Sections The provisions of Section E.2 and F.3

. shall be used to determine the amount quantity of offsets requi red.
h. If the Section F calculation procedures determine the project will result in a decrease is10.1

- 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
cal culations BACT 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 ch ange = 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 implementatio n 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.2 F.4 Determining Potential to Emit for a Stationary

Sou rce : 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 occ ur 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 the based on applicable air quality model, data bases, and other requirements contained specified in the most recent
edition appendix 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.2 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 (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 rec eipt 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 process ing 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
evalua tions required to determine compliance with this10.1

- FEATHER RIVER AQMD 10.1

- 23 Rule and make a preliminary written decision as to
whether a permit an Authority to construct C onstruct 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 o ne 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 per iod 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 a nalysis 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 submi tted 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 acceptanc e 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 applic ant, the EPA, and the ARB, and
shall make the notice and a ll supporting documents available for public inspection at the District's
office for all Authorities to Construct issued for emissions units subject to the requireme nts of
Section E.2 of this Rule.
H.6 Requirements, Permits to Operate :

a. As a condition for the i ssuance of a permit P ermit

to operate O perate , 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 compliance10.1

- FEATHER RIVER AQMD 10.1

- 24 with this Rule. The Permit t o 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
limitation s, 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, any the APCO shall ensure that the stationary source which provides emission offsets
shall be is subject t o 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

expec ted life of the proposed source are permanen t and practically enforceable

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

- permitted source, the District shall may require the non

permitted source to obtain an enforceable permit, complete with operat ional 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 w hich, 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 b e chargeable to the applicant.

H.7 H.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

meets has meet all the requirements of this Rule. Any of fsets 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 mod ified source which is the beneficiary of the offsets. Further, the10.1

- FEATHER RIVER AQMD 10.1

- 25 a. b. T he 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 source e missions
unit is, in whole or in part, a replacement for an existing stationary source 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 stationary

source emissions un it and the new source or replacement.
H.8 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 . In addition, , except when a new federal requirement not yet incorporated into this Rule applies to the new or modified source

.
a. b. T he APCO shall deny a Permit an Authority to Construct for any new stationary source or modification, or any portion thereof, unless the
new source or mod ification, or applicable portion thereof, complies with the provisions of this Rule and all other applicable District Rules and Regulations.
H.9 H.10 Permit Conditions :

a. The APCO shall place conditions on the Authority to Construct and/or Permit to Operate which wi ll 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 s uch 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 for10.1

- FEATHER RIVER AQMD 10.1

- 26 which a Notice of Intention (NOI) or Application for Certification has been accepted by the California Energy Co mmission (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 Bes t 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 i nformation
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 ident ical to that which would be performed if an application
for Permit 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 day s 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
Permit Authority to Construct during the Determination of Compliance review, and shall apply all provisions of10.1

- 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 necess ary 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 inf ormation.
I.6 Preliminary Determination : Within 180 days (or within

1 2 0 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 re quired 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 mitigat ion 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 Section s 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

sa me rights and privileges as a Permit 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 C EC pursuant to this section and who is in compliance with all conditions of the10.1

- 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