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Mendocino County Air Quality Management District Regulation 1

RULE 1-220 - NEW SOURCE REVIEW STANDARDS (INCLUDING PSD

EVALUATIONS)

(a) Emission Analysis

In reviewing an Authority to Construct for any new or modified stationary source subject to the

requirements of this chapter, the Air Pollution Control Officer shall require the applicant to

submit information sufficient to describe the nature and amounts of emissions; the location,

design, construction, and operation of the source; and to submit any additional information

requested by the Air Pollution Control Officer to make the approval determinations required by

the provisions of Rule 1-230.

For the purposes of emission considerations:

(1) Emissions from a proposed new or modified stationary source shall be based on the

source's potential to emit any air contaminant subject to regulation under the federal

Clean Air Act Amendments of 1990 and as amended at the time of application and

Title 40 of the Code of Federal Regulations, Part 52.21(b)(4).

(2) Emissions from a proposed modified stationary source shall be based upon the

cumulative net emission increases or reductions that may occur as a result of the

modifications and conditions imposed by either an Authority to Construct or a Permit

to Operate, excluding any emission reductions required to comply with federal, state,

or district laws, rules, or regulations, (40 CFR 52.21(b)(2&3)).

(3) Emissions from an existing stationary or previously permitted source shall be based on

the actual rate of air contaminant emissions during the two-year period of operation

prior to the date of application. A different averaging period may be used if the

applicant demonstrates to the satisfaction of the Air Pollution Control Officer that it

would be more representative of normal source operation, (40 CFR 52.21(b)(3&21)).
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Mendocino County Air Quality Management District Regulation 1

(b) New Source Review Procedure 

In reviewing an Authority to Construct for any new or modified stationary source which is 

subject to Rules 1-490 or 1-492; or for any new or modified stationary source which the Air 

Pollution Control Officer estimates will result in a significant net increase in emissions of any 

air contaminant regulated under the federal Clean Air Act Amendments of 1990 and as 

amended at the time of application, and precursors of such contaminants, the Air Pollution 

Control Officer shall: (Significant levels are defined in Rule 1-130(s2)). The New Source 

Review process is diagramed in Rule 1, Figure 1.

(1) Determine best available control technology (BACT) for each air contaminant for 

which the significance level is exceeded and so inform the applicant,(40 CFR 

52.21(b)(12)). 

(2) Analyze the effect of the new or modified stationary source on air quality for each air 

contaminant for which the significance level is exceeded and require that the applicant 

comply with the preconstruction monitoring requirements of Section 52.21 of the 

Code of Federal Regulations, (40 CFR 52.21(m)). 

(3) Determine that approved stack height good engineering practices are employed and 

prepare or cause to be prepared an analysis of the following: 

(A) The effect of increased emissions of air contaminants, including associated vessel 

emissions, on the PSD increments. 

(B) The expected net increase above baseline concentration for any proposed new 

stationary source or modification whose emissions, including any associated 

vessel emissions, exceed the significant levels defined in Rule 1-130(s2). 

NOTE: Increment consumption prior to the date of application of the 

proposed source shall be calculated by including major, minor and mobile 

sources. 

(4) Publish a notice by prominent advertisement in at least one newspaper of general 

circulation in the District stating where the public may inspect the information 

required by this Rule. The notice shall include the preliminary determination; present 

the expected additional and cumulative increment consumption; provide opportunity 

for a public hearing; and allow 30 days beginning on the date of publication, for the 

public to submit written comments on the application. 

(5) Make available for public inspection at the District office, the information submitted 

by the applicant, the analysis of the effect of the source on air quality, and the 

preliminary decision to grant or deny the Authority to Construct. 

(6) On the date of publication forward copies of the notice required in paragraph (4) to the 

U. S. Environmental Protection Agency, the California Air Resources Board, all 

APCD's and AQMD’s in the air basin, all adjoining APCD's and AQMD’s in other air 

basins, and any federal land managers of a Class I area which may experience a 

significant air quality impact or is within 100 kilometers. 
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Mendocino County Air Quality Management District Regulation 1

(7) In the event of an air quality controversy, hold a public hearing on the project and 

consider all public comments submitted prior to the granting or denial of the Authority 

to Construct. Notice of the public hearing shall be published in at least one newspaper 

of general circulation in the District at least 10 days prior to the public hearing. 

(8) Transmit copies of the application and notice of each action affecting the application 

to EPA and the managers of any affected Class I areas. 

(9) All comments and the final determination on the application shall be available for 

public inspection. 

(10) Within 30 days of the issuance of an Authority to Construct the Air Pollution Control 

Officer shall publish a notice in the local newspaper with the highest circulation in the 

area. 

(c) Power Plant Review Procedures 

This section shall apply to all power plants proposed to be constructed in the District and for 

which a Notice of Intention (NOI) or Application for Certification (AFC) has been accepted by 

the California Energy Commission (CEC). The Air Pollution Control Officer, pursuant to 

Section 25538 of the Public Resources Code, may apply for reimbursement of all costs, which 

may include lost fees, incurred in order to comply with the provisions of this section. 

(1) Within fourteen days of receipt of an NOI, the Air Pollution Control Officer shall 

notify the ARB and the CEC of the District's intent to participate in the NOI 

proceeding. If the District chooses to participate in the NOI proceeding, the Air 

Pollution Control Officer shall prepare and submit a report to the ARB and the CEC 

prior to the conclusion of the non-ad judicatory hearings specified in Section 25509.5 

of the Public Resources Code. That report shall include, at a minimum: 

(A) a preliminary determination of the need for and a specific definition of best 

available control technology (BACT) for the proposed facility; 

(B) a preliminary discussion of whether there is substantial likelihood that the 

requirements of Rule 1-230(a) and all other District regulations can be satisfied by 

the proposed facility; 

(C) a preliminary list of conditions which the proposed facility must meet in order to 

comply with Rule 1-230(a) or any other applicable District regulation. 

The preliminary determinations contained in the report shall be specific as possible 

within the constraints of the information contained in the NOI. 

(2) Upon receipt of an Application for Certification (AFC) for a power plant, the Air 

Pollution Control Officer shall conduct a Determination of Compliance review in 

accordance with the procedures of Rule 1-220. If the information contained in the 

AFC does not meet the requirements of Rule 1-200(b), the Air Pollution Control 

Officer shall, within 20 calendar days of receipt of the AFC, so inform the CEC, and 

the AFC shall be considered incomplete and returned to the applicant for re-submittal. 
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Mendocino County Air Quality Management District Regulation 1

(3) The Air Pollution Control Officer shall consider the AFC to be equivalent to an

application for an Authority to Construct during the Determination of Compliance

review.

(4) The Air Pollution Control Officer may request from the applicant any information

necessary for the completion of the Determination of Compliance review. If the Air

Pollution Control Officer is unable to obtain the information, he may petition the

presiding Commissioner of the CEC for an order directing the applicant to supply such

information.

(5) Within 180 days of accepting an AFC as complete, the Air Pollution Control Officer

shall make a preliminary decision on:

(A) whether the proposed power plant meets the requirements of Rule 1-230(a) and all

other applicable district regulations; and

(B) in the event of compliance, what permit conditions will be required including

specific BACT requirements and a description of required mitigation measures;

and

(C) complete the new source review requirements of Rule 1-230.

(6) Within 240 days of the filing date, the Air Pollution Control Officer shall submit to the

CEC a Determination of Compliance, or if such a determination cannot be issued,

shall so inform the CEC as to the reason for noncompliance.

(7) Any applicant receiving a certificate from the CEC pursuant to this section and in

compliance with all conditions of the certificate shall be issued a Permit to Operate by

the Air Pollution Control Officer.