RESOLUTION 2014·04 

BEFORE THE BOARD OF DIRECTORS OF 

BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT 

STATE OF CALIFORNIA 

Resolution 2014-04 .................. .................................................... .. .... ....................... ) 

Adopt Proposed Amended Rule 101-Definitions, ................ .............................. .... ) 

Adopt Proposed Amended Rule 400-Permit Requirements, .................. ...... .......... ) 

Adopt Proposed Amended Rule 401-Permit Exemptions, ..................................... ) 

Adopt Proposed Amended Rule 432-Federa/ New Source Review (FNSR), and .. . ) 

Adopt Proposed Amended Rule 433-Rice Straw Emission Reduction Credits ...... ) 

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

or repeal rules and regulations from California Health and Safety Code Sections 40000, 40001, 40701, 

40702; 

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

proposed amended rules are written such that the meaning can be understood by the persons directly 

affected by it (Health and Safety Code Section 40727(b)(3)); 

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

proposed amended rules adopted herein is in harmony with, and not in conflict with or contradictory to 

existing statutes, court decisions, or state or federal regulations (Health and Safety Code Section 

40727(b)(4)); 

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

amendments to Rules 101-Definitions, Rule 400-Permit Requirements, Rule 401-Permit Exemptions, Rule 

432-Federa/ New Source Review (FNSR), and Rule 433-Rice Straw Emission Reduction Credits are 

necessary to streamline and clarify the existing rules to ensure they contain the necessary program 

elements as required by the federal Clean Air Act prior to re-submittal for State Implementation Plan 

approval; 

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

amendments to Rule 400-Permit Requirements are necessary to remove references to rules not intended 

for SIP submittal, clarify public notice thresholds and ensure the APCO considers comments prior to issuing 

a permit, include air quality analysis requirements previously included in the federal New Source Review 

rule, and to move and delete sections more appropriately located in the New Source Review rule; 

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

4.4.7, 4.11 , 5.2.4.5, 5.3, 5.4, 5.6, 5.7, and 5.8 of Rule 400 are applicable to local and State requirements 

and are not be included in the federal SIP submittal; 

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

amendments to Rule 401-Permit Exemptions are necessary to include applicable thresholds in non-SIP 

rules and remove an unintended application requirement for insignificant sources, and provide an 

intermediate threshold for exemption review and determination; 

Resolution 2014-04 (April24, 2014) Page 1 of 3 
AND WHEREAS, the Butte County Air Quality Management District Board has determined that the 

proposed amendments to Rule 432-Federa/ New Source Review (FNSR) are necessary to ensure all major 

and major modifications to sources meet the applicable federal requirements prior to obtaining a permit, to 

include specific definition and requirements to meet all Clean Air Act program requirements and to move 

requirements of the existing rule to more appropriate sections of Rule 400-Permit Requirements; 

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

proposed amendments to Rule 433-Rice Straw Emission Reduction Credits are necessary to ensure 

credits issued under this rule are only federally applicable in located in the nonattainment areas; 

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

proposed amended Rules 101-Definitions, Rule 400-Permit Requirements, Rule 401-Permit Exemptions, , 

and Rule 433-Rice Straw Emission Reduction Credits do not duplicate local, state or federal rules or 

regulations for permitting programs; 

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

of the proposed amended Rule 432-Federa/ New Source Review (FNSR) duplicates federal rules or 

regulations for permitting programs and the duplicative requirements are necessary in order to execute the 

powers and duties imposed upon the District; 

AND WHEREAS, the District staff has made notice of and held a public workshop meeting on the proposed 

amended Rules on April 3, 2014 and received no public comments on the proposed amended rules; 

AND WHEREAS, the Butte County Air Quality Management District Board conducted public hearing on 

April 24, 2014 concerning the proposed amended rules herein; 

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

adopts proposed amendments to Rules 101-Definitions, Rule 400-Permit Requirements, Rule 401-Permit 

Exemptions, Rule 432-Federa/ New Source Review (FNSR), and Rule 433-Rice Straw Emission Reduction 

Credits with an effective date of April 24, 2014, as proposed in the attachments to the March 25, 2014 Staff 

Report released for Public Workshop with typographical, formatting, and other changes as noted in the 

Staff Report released for Board Adoption Hearing including Potential to Emit definition in Rule 101, 

indicating Rule 400 Section 4.4.7 is not intended for SIP submittal, Rule 400 Section 4.5 clarifying the 

public notice threshold is for each AAQS pollutant (except for Carbon Monoxide which is set at 50 TPY), 

and Rule 401 Section 2.6 removal since methodologies are changing and APCO has this authority in 

Section 2.3; 

BE IT FURTHER RESOLVED, that the Butte County Air Quality Management District Board directs staff to 

prepare the designated portions of Rules 101-Definitions, Rule 400-Permit Requirements, Rule 401-Permit 

Exemptions, Rule 432-Federa/ New Source Review (FNSR), and Rule 433-Rice Straw Emission Reduction 

Credits for submittal into the federal ozone and PM2.5 nonattainment, if applicable, State Implementation 

Plans as noted in the Staff Report for Board Adoption Hearing. 

On Motion of Councilmember Ritter, Seconded by Supervisor Connelly, the foregoing resolution is hereby 

PASSED AND ADOPTED BY THE Air Quality Management District Board of Directors on this 24th day of 

April, 2014 by the following: 

Resolution 2014-04 (April24, 2014) Page 2 of 3 
AYES: 

NOES: 

ABSTAIN: 

ABSENT: 

Supervisor Kirk, Supervisor Teeter, Supervisor Connelly (seconded), Councilmember 

Ritter (motioned), Councilmember Bunker, Councilmember Culleton, Councilmember 

Busch 

None 

None 

Supervisor Lambert, Supervisor Wahl, Councilmember Fitcher, Councilmember Thompson 

es Wago r, Air Pollution Control Officer 

Butte County Air Quality Management District 

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

County Air Quality Management District Board of Directors on April24, 2014 

ATTEST

Cora Coftins

: 

, Clerk 

~111 of the Governing Board ~ 

Resolution 2014-04 (April 24, 2014) Page 3 of 3