II-1 Mendocino County Air Quality Management District Re gulation 1 

### CHAPTER II – PERMITS

All permit requirements and procedures covered by t his 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 Cali fornia 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, p ortable, indirect source or conducting large grading operations which may cause, potentially cau se, reduce, control or eliminate the emission of air contaminants. A single authorizati on may be issued for all components of an integrated system or process. An Authority to Cons truct shall remain in effect for one (1) year or until a Permit to Operate is issued or denied, o r the application is canceled at the request of the applicant, whichever occurs first. If the Auth ority to Construct expires prior to issuance of a Permit to Operate, the authorization may be exten ded 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 Oper ate. [Amended 5/6/03, Amended 12/5/06]

(b) Applications

All applications for an Authority to Construct, Ere ct, Modify, Replace, Operate or Use any equipment, indirect source or to conduct large grad ing operations, which may cause, potentially cause, reduce, control, or eliminate the emission o f air contaminants, shall be filed at the office of the District or its designated agent for accepti ng applications, except as provided in Rule 1- 220(c) for new power plants. Such application shal l 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 r equest of the Air Pollution Control Officer, any existing stationary, portable, or indirect sour ce 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 fee s 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 C onstruct, 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.II-2 Mendocino County Air Quality Management District Re gulation 1 (2) Whether the project application is ministerial, ca tegorically exempt, statutorily exempt, or subject to an environmental evaluation i n 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 pl ant 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 na tional emission standards for Hazardous Air Pollutants (Rule 1-492).

(6) Whether the project is classified as a major stati onary source or major modification under the provisions of Title 40 of the Code of Fed eral 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 sha ll be required for all new or modified facilities, equipment, processes, operations or ind irect 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 t he growing of crops or the raising of

fowl or animals in accordance with California Healt h and Safety Code, Section 42310(e).

(6) Mixing, blending, conveying, or other mechanical s ystems 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 contrivan ce that the Air Pollution Control Officer finds emits air contaminants below the sign ificance level and he determines should be exempted.

No exemption from the requirements listed herein un der Rule 1-200(d) for an Authority to Construct or Permit to Operate may be allowed for a ny individual source that is subject to New Source Review in accordance with Rule 1-220(b).