GBUAPCD – Rule 205

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09/05/74

RULE 205. ACTION AND APPLICATIONS

Adopted: 08/20/79

A. The Air Pollution Control Officer shall determine whether the application is complete not 

later than 30 calendar days after receipt of the application, or after such longer time as 

both the applicant and the Air Pollution Control Officer may agree. Such determination 

shall be transmitted in writing immediately to the applicant at the address indicated on 

the application. If the application is determined to be incomplete, the determination shall 

specify which parts of the application are incomplete and how they can be made 

complete. Upon receipt by the Air Pollution Control Officer of any resubmittal of the 

application, a new 30-day period in which the Air Pollution Control Officer must 

determine completeness shall begin. Completeness of an application or resubmitted 

application shall be evaluated on the basis of the requirements set forth in District 

regulations adopted pursuant to AB 884 regarding information requirements as it exists 

on the date on which the application or resubmitted application was received. After the 

Air Pollution Control Officer accepts an application as complete, the Air Pollution Control 

Officer shall not subsequently request of an applicant any new or additional information 

which was not specified in the Air Pollution Control Officer's list of items to be included 

within such applications. However, the Air Pollution Control Officer may, during the 

processing of the application, request an applicant to clarify, amplify, correct, or 

otherwise supplement the information required in such list in effect at the time the 

complete application was received. Making any such request does not waive, extend, or 

delay the time limits in this rule for decision on the completed application, except as the 

applicant and Air Pollution Control Officer may both agree.

B. Following acceptance of an application as complete, the Air Pollution Control Officer 

shall: 

1. Perform the evaluations required to determine compliance with this rule and 

make a preliminary written decision as to whether an authority to construct 

should be approved, conditionally approved, or disapproved. The decision shall 

be supported by a succinct written analysis. 

2. Within 10 calendar days following such decision, publish a notice by prominent 

advertisement in at least one newspaper of general circulation in the District 

stating the preliminary decision of the Air Pollution Control Officer and where the 

public may inspect the information required to be made available under 

Subsection (3). The notice shall provide 30 days from the date of publication for 

the public to submit written comments on the preliminary decision. 

3. At the time notice of the preliminary decision is published, make available for 

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

submitted by the applicant, the Air Pollution Control Officer's supporting analysis 

for the preliminary decision, and the preliminary decision to grant or deny the 

authority to construct, including any proposed permit conditions, and the reasons 

therefore. The confidentiality of trade secrets shall be considered in accordance 

with Section 6254.7 of the Government Code and relevant sections of the 

Administrative Code of the State of California. 

4. No later than the date of publication of the notice required by Subsection (2), 

forward the analysis, the preliminary decision, and copies of the notice to the Air 
GBUAPCD – Rule 205

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09/05/74

Resources Board (attn: Chief, Stationary Source Control Division) and the 

Regional Office of the U.S. Environmental Protection Agency. 

5. Consider all written comments submitted during the 30 day public comment 

period. 

6. Within 180 days after acceptance of the application as complete, take final action 

on the application after considering all written comments. The Air Pollution 

Control Officer shall provide written notice of the final action to the applicant, the 

Environmental Protection Agency, and the California Air Resources Board, shall 

publish such notice in a newspaper of general circulation, and shall make the

notice and all supporting documents available for public inspection at the Air 

Pollution Control District's office. 

C. The public notice and reporting requirements set forth in Subsections B(2) and B(6) shall 

not be required for any permit which does not include conditions requiring the control of 

emissions from an existing source. 

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