Imperial County Air Pollution Control District Rule 206

RULE 206 PROCESSING OF APPLICATIONS (Adopted 2/21/72; R evised 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

determina tion 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, o r otherwise supplement the

informatio n 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 R ules, 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, fo rklifts, tractors, etc.) whose activity is predominantly "on

- site" shall be included in the assessment of

206

- 1Imperial County Air Pollution Control District Rule 206

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 Con trol

Officer APCO shall take reasonable steps to insure that no Project

will emit a A ir c C ontaminants 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 A ir c C ontaminants 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 li terature 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 unc ontrolled 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 oth er permits shall be considered discretionary p ermits, and subject t o Section

C of this Rule.

B.2 Projects which do not require Control Equipment and for which malfunction of normal operating e E quipment cannot result in emissions in violation of any Rule or S s tandard, shall be considered ministerial.

B.3 The Air Pollution Cont rol 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 R ules, procedures, and guidelines, and issue

206

- 2Imperial County Air Pollution Control District Rule 206

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 R ules 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 R ules 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 R ule 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 publi cation. The District shall transmit to the applicant, the California Air Resources Board (CARB) , the U nited

. S tates

. Environmental Protection Agency (US EPA)

, and to any Person requesting such information its preliminary written decision (including propose d 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 late r than the date of publication.

C.3 The se requirements relating to notification and p ublication of the Air Pollution Control Officer's preliminary decisions, do not apply if the

206

- 3Imperial County Air Pollution Control District Rule 206

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 be low, 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. 3 4 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. 4 5 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 con sidering 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. The se 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

206

- 4Imperial County Air Pollution Control District Rule 206

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. 5 7 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 p rocedures, but without paying the appeal fee.

C. 6 8 A Notice of Determination, pursuant to the California Environmental Quality Act, shall be filed, for approved Projects.

C. 7 9 For Major Projects Stationary Sources or Modifications to Major Stationary

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

Ca lifornia 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.

206

- 5