Imperial County Air Pollution Control District Rule 206

RULE 206 PROCESSING OF APPLICATIONS

(Adopted 2/21/72; Revised 9/14/99; 10/10/2006; __/__/__)

A. Guidelines

A.1 The Air Pollution Control Officer (APCO) shall prepare guidelines for the 

processing of applications and issuance of permits, to implement and 

supplement the provisions of these Rules and other laws (notably Article 

1, Chapter 4, Part 4, Division 26 of the Health and Safety Code and 

Chapter 4.5, Division 1, Title 7, of the Government Code).

A.2 The Air Pollution Control Officer APCO shall determine whether the 

application is complete not later than 30 days after receipt of the 

application, or after such longer time as both the applicant and the Air 

Pollution Control Officer APCO may agree. If the Air Pollution Control 

Officer APCO determines that the application is not complete, the 

applicant shall be notified in writing of the decision specifying the 

information required. Upon receipt of any re-submittal of the application, a 

new 30-day period to determine completeness shall begin. Completeness 

of an application or resubmitted application shall be evaluated on the 

basis of the information requirements established by the District. Upon 

determination that the application is complete, the Air Pollution Control 

Officer APCO shall notify the applicant in writing. The Air Pollution Control 

Officer APCO may, during the processing of the application, request an 

applicant to clarify, amplify, correct, or otherwise supplement the 

information submitted in the application.

A.3 Guidelines and procedures for processing and issuing permits shall insure 

that:

A.3.a no Project will prevent or interfere with the attainment or 

maintenance of applicable Ambient Air Quality Standards, and

A.3.b no Project will be permitted unless the Air Pollution Control 

Officer APCO is satisfied that all applicable r Rules, orders, and 

regulations will be complied with.

A.4 The Air Pollution Control Officer APCO shall provide guidelines specifying

criteria and methods for the calculation of emissions, required by these 

Rules, and pursuant to applicable state and federal requirements.

A.4.a Fugitive Emissions shall be included in the assessment of 

emissions for a Project.

A.4.b Mobile sources (e.g. trucks, forklifts, tractors, etc.) whose activity is 

predominantly "on-site" shall be included in the assessment of 

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emissions for a Project.

A.4.c Toxic and hazardous air contaminants may be restricted. Beyond 

the provisions of Rule 407 (Nuisance), the Air Pollution Control 

Officer APCO shall take reasonable steps to insure that no Project 

will emit a Air c Contaminants that may endanger the short or long 

term health, safety or property of Persons. The Air Pollution 

Control Officer APCO may include emission standards for toxic and 

hazardous a Air c Contaminants as conditions of permits even 

where standards for such materials have not been established by 

state, federal, or other agencies, if based upon a substantial body 

of responsible literature and data.

A.5 The following definitions apply for all terms applicable to this Rule. If a 

term is not defined in this Rule, then the definitions provided in Rule 207 

shall apply.

MAJOR PROJECT: means a Project which will emit pollutants under any 

of the following conditions: 250 or more lbs/day controlled for any single 

pollutant; 100 or more tons/yr uncontrolled for any single pollutant; 250 or 

more tons/yr uncontrolled for all emissions combined.

MINOR PROJECT: means a Project for which uncontrolled emissions will 

not exceed 35 lbs/day of any pollutant, and for which there will be no 

emission of pollutants which are toxic Air Contaminants or for which the 

District has been designated nonattainment.

B. Ministerial Permits

B.1 Burn permits, permits for Minor Projects, transfer of named permittee, 

annual renewals, and permits to operate issued pursuant to a valid 

Authority to Construct permit, shall be considered ministerial. All other 

permits shall be considered discretionary permits, and subject to Section 

C of this Rule.

B.2 Projects which do not require Control Equipment and for which 

malfunction of normal operating e Equipment cannot result in emissions in 

violation of any Rule or S standard, shall be considered ministerial.

B.3 The Air Pollution Control Officer APCO may determine, upon significant 

evidence, that an application should not be processed as ministerial. 

Such decision may be appealed to the Hearing Board.

B.4 Within ten (10) days of acceptance as complete, the Air Pollution Control 

Officer APCO shall approve an application for a ministerial Project which 

complies with all applicable r Rules, procedures, and guidelines, and issue 

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the permit, or shall deny the application and give the applicant a written 

statement of the reasons for the denial.

B.4.a Failure of the Air Pollution Control Officer APCO to either approve 

or deny a ministerial permit within the prescribed time limits shall be 

deemed an approval if all fees have been paid and the Project 

complies with all r Rules and regulations.

B.4.b For Major Projects or others with complex inspection and 

evaluation, the time limit for an approval or denial of a Permit to 

Operate may be extended by the actual time required for the 

evaluation.

B.5 Any Project that meets the definition of a Major Stationary Source or a 

Major Modification, as defined in Rule 207, shall not be considered a 

ministerial permit

C. Discretionary Permits 

C.1 Following acceptance of an application for a non-ministerial discretionary 

Project permit as complete, the Air Pollution Control Officer APCO shall 

perform the evaluations and environmental impact analysis required to 

determine compliance with all applicable r Rules and regulations and 

make a preliminary written decision as to whether the permit should be 

approved, conditionally approved, or disapproved. The Air Pollution 

Control Officer APCO shall deny any application if the Air Pollution Control 

Officer APCO finds that the subject of the application would not comply 

with the requirements of this regulation Rule or any other applicable r Rule 

or regulation. The decision shall be supported by a succinct written 

analysis.

C.2 Within ten (10) calendar days following the preliminary decision, the Air 

Pollution Control Officer APCO shall publish in at least one newspaper of 

general circulation in the District a notice stating the preliminary decision, 

noting how pertinent information can be obtained, and inviting written 

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

District shall transmit to the applicant, the California Air Resources Board

(CARB), the United. States. Environmental Protection Agency (US EPA), 

and to any Person requesting such information its preliminary written 

decision (including proposed conditions of approval represented by permit 

conditions), the Air Pollution Control Officer APCO's analysis, and a copy 

of the notice submitted for publication, no later than the date of 

publication.

C.3 These requirements relating to notification and publication of the Air 

Pollution Control Officer's preliminary decisions, do not apply if the

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application is for a new or modified Stationary Source with a Potential to 

Emit less than 100 pounds per day of nitrogen oxides, reactive organic 

compounds, carbon monoxide (Nonattainment Areas only), sulfur oxides, 

or PM10, or 550 pounds per day of carbon monoxide in attainment areas

of Subsection C.2 shall not apply if the Potential to Emit of the new or 

modified Stationary Source is less than the values listed below, in terms of 

lbs/day or tons/year, as listed.

Pollutant Lbs/day Tons/year

VOC, Nitrogen oxides, Sulfur dioxide, Total 

Reduced Sulfur Compounds or Hydrogen Sulfide

100

PM10 (non-fugitive)

PM10 (including fugitive)

80

100

PM2.5 40

Carbon Monoxide (Offsets required) 137

Carbon Monoxide (Offsets not required) 550

Fluorides 16

Sulfuric Acid Mist 38

Lead (Actual emissions) 5.0

C.34 The Air Pollution Control Officer APCO shall make available for public 

inspection at the Air Pollution Control District's office, the information 

submitted by the applicant and the Air Pollution Control Officer APCO's 

analysis no later than the date the preliminary decision is published. 

Information submitted which contains trade secrets shall be handled in

accordance with Section 6254.7 of the California Government Code and 

relevant sections of the California Code of Regulations.

C.45 Within 180 days after acceptance of an application as complete, or within 

180 days (or one year if the District is lead agency) after the designated 

lead agency has approved the Project under the California Environmental 

Quality Act, whichever occurs later, the Air Pollution Control Officer APCO

shall take final action on the application after considering all written 

comments.

C.6 The Air Pollution Control Officer APCO shall provide written notice of the 

final permit action to the applicant, the US EPA U.S. Environmental 

Protection Agency, and the CARB California Air Resources Board and 

shall publish such notice on the District’s website or in a newspaper of 

general circulation in the District. The Air Pollution Control Officer APCO

shall make available for public inspection at the District office a copy of the 

notice submitted for publication and all supporting documents. These

requirements of Subsection C.6 shall not apply if the Potential to Emit of 

the new or modified Stationary Source is less than the emission rates 

listed in Section C.3 above. relating to notification and publication of the 

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Air Pollution Control Officer's action, do not apply if the application is for a 

new or modified Stationary Source with a Potential to Emit less than 100 

pounds per day of nitrogen oxides, reactive organic compounds, carbon 

monoxide (Nonattainment Areas only), sulfur oxides, or PM10, or 550 

pounds per day of carbon monoxide in attainment areas.

C.57 Failure of the Air Pollution Control Officer APCO to either approve or deny 

a discretionary permit within the prescribed time limits shall be deemed a 

denial. In such case the applicant may appeal, pursuant to the Hearing 

Board P procedures, but without paying the appeal fee.

C.68 A Notice of Determination, pursuant to the California Environmental 

Quality Act, shall be filed, for approved Projects.

C.79 For Major Projects Stationary Sources or Modifications to Major Stationary 

Sources, a copy of the approved permit shall be sent to the CARB

California Air Resources Board and the US EPA Environmental Protection 

Agency, notice of the approval published, and make copies of the final

approval and supporting documents made available for public inspection.

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