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Mendocino County Air Quality Management District Regulation 1

CHAPTER II – PERMITS 

All permit requirements and procedures covered by this chapter are and shall be interpreted in 

accordance with the provisions of the federal Clean Air Act Amendments of 1990 and as amended 

at the time of application, Title 40 of the Code of Federal Regulations, Part 52.21, Division 26 of 

the California Health and Safety Code; and the California Environmental Quality Act of 1970 as 

amended at the time of application, as applicable, to comply with the California State 

Implementation Plan (SIP). 

[Amended 5/6/03] 

RULE 1-200 - PERMIT REQUIREMENTS 

(a) Authority to Construct or Modify 

A written authorization shall be obtained from the District prior to starting construction, 

modification, operation or use of any stationary, portable, indirect source or conducting large 

grading operations which may cause, potentially cause, reduce, control or eliminate the 

emission of air contaminants. A single authorization may be issued for all components of an 

integrated system or process. An Authority to Construct shall remain in effect for one (1) year 

or until a Permit to Operate is issued or denied, or the application is canceled at the request of 

the applicant, whichever occurs first. If the Authority to Construct expires prior to issuance of 

a Permit to Operate, the authorization may be extended by the applicant submitting an annual 

renewal fee per Rule 1-300(f). Construction not in accordance with this Authority to Construct 

shall be sufficient reason to deny a Permit to Operate. 

[Amended 5/6/03, Amended 12/5/06] 

(b) Applications 

All applications for an Authority to Construct, Erect, Modify, Replace, Operate or Use any 

equipment, indirect source or to conduct large grading operations, which may cause, potentially 

cause, reduce, control, or eliminate the emission of air contaminants, shall be filed at the office 

of the District or its designated agent for accepting applications, except as provided in Rule 1-

220(c) for new power plants. Such application shall contain all information requested by the 

District from the list adopted pursuant to "AB 884" (1977) (California Public Utilities 

Commission, Information and Criteria List). Upon request of the Air Pollution Control Officer, 

any existing stationary, portable, or indirect source of air contaminant emissions, actual or 

potential, shall apply for a Permit to Operate from the District. The applicant for an Authority 

to Construct or Permit to Operate shall pay the fees as specified in Regulation 1, Rule 1-300 et 

seq. [Amended 12/5/06] 

(c) Preliminary Determinations 

In acting upon an application for an Authority to Construct, the Air Pollution Control Officer 

shall make the following determinations: 

(1) Whether the project application is subject to the requirements of Regulation 1 of the 

Mendocino County Air Quality Management District. 
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Mendocino County Air Quality Management District Regulation 1

(2) Whether the project application is ministerial, categorically exempt, statutorily 

exempt, or subject to an environmental evaluation in accordance with the requirements 

of the California Environmental Quality Act of 1970 as amended at the time of 

application. 

(3) Whether the project application is subject to the new source review procedures 

specified in Rule 1-220(b). 

(4) Whether the project is subject to the new power plant review procedures specified in 

Rule 1-220(c). 

(5) Whether the project application is subject to the requirements of federal New Source 

Performance Standards Rule 1-490), or subject to national emission standards for 

Hazardous Air Pollutants (Rule 1-492). 

(6) Whether the project is classified as a major stationary source or major modification 

under the provisions of Title 40 of the Code of Federal Regulations, Part 52.21 and 

subject to all applicable Prevention of Significant Deterioration review requirements. 

(d) General Exemptions 

An Authority to Construct and Permit to Operate shall be required for all new or modified 

facilities, equipment, processes, operations or indirect sources which may emit air contaminants 

with the following exceptions: 

(1) Any vehicle as defined in the Vehicle Code. 

(2) Equipment utilized exclusively in connection with any structure, which structure is 

designed for and used exclusively as a dwelling for not more than four families. 

(3) Barbecue equipment that is not used for commercial purposes. 

(4) Orchard, vineyard or citrus grove heaters. 

(5) Any equipment used in agricultural operations in the growing of crops or the raising of 

fowl or animals in accordance with California Health and Safety Code, Section 

42310(e). 

(6) Mixing, blending, conveying, or other mechanical systems which do not, directly or 

indirectly, emit air contaminants. 

(7) Gasoline and organic liquid storage tanks having a capacity of less than 250 gallons. 

(8) Any article, machine, equipment or other contrivance that the Air Pollution Control 

Officer finds emits air contaminants below the significance level and he determines 

should be exempted. 

No exemption from the requirements listed herein under Rule 1-200(d) for an Authority to 

Construct or Permit to Operate may be allowed for any individual source that is subject to 

New Source Review in accordance with Rule 1-220(b).