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( (c) Power Plant Review Procedures 

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This section shall apply to all power plants proposed to be 

constructed in ~;e District and for ·which a Notice of 

Intention {NOI) or Application for Certification (AFC) has 

been accepted by the California Energy Commission. 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, incurree in order to 

comply with·thc provisions of this section. 

(1) Within fourteen days of receipt of an NOI,! the Air 

Pollution Control Officer shall notify the ARD · and the 

Commission of the DistrictS-intent to participate in the NOI 

proceeding. If ~1e District chooses to participate in the 

NOI proceeding, the Air pollution Control Officer shall 

prepare and submit a report to the ARB and the Commission 

prior to the conclusion of the nonadjudicatory hearings 

specified in Section 25509.5 of the Public Resources Couc. 

That repot shall include, at a minimum: 

a. 

c. 

a preliminary determination of ~~e need for .:and a 

specific definition of best available control 

technology (DZ\CT) for tho proposed facility, , 

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a preliminary discussion of whether there . 'is 

substantial likelihood that the requirements ;of 

' Rule 230(a) and all other District regulations can 

be satisfied by the proposed facility, 

a preliminary list 

facility must meet 

30(a) or any other 

of conditions which the proposed 

in order to comply with .Rule· 2 

applicable district regulation. 

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.~he preliminary determinations contained in the 

specific as possible within the constraints of 

contained in the NOI. 

report , shall )be 

~;e information 

(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 sith the 

procedures of Rule ·220. If the information contained in the 

AFC does not meet ~;e requirements of Rule 200(b), the 

AirPollution Control Officer shall, within 20 calendar days 

of receipt of theAFC, so inform the Commission, and the AFC 

shall be considered incomplete and returned to the applicant 

for resubmittal. 

(3) The Air Pollution Control Officer shall consider ~~e 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 

applicant any information necessary for 

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request from the 

the completion of 
(5) 

(5) 

(7) 

g -(o.-'6Jt..~e Determination of ·compliance review. ·If the · Air 

Pollution Conttol Of~icer is · unable · to obtain t.~~ 

information, the ·Air Pollution Control.··o·fficer may petition 

the presiding Co~~is~ioncr 

!or an order airccting t.~c 

applicant to supply sue~ in!~rrna~ion. . ~· ' 

Wi dlin Within 180 days of . .'accepting. an AFC as· 

Air Pollution Control Officer .. shall .. ma}te 

aecis~on 

on: 

·. 

complete, the 

a prelimina:y 

A. whet.~er tne proposed power plant meets the .requirements 

o£- Rule 230 (a) .and. ·all ot.,er applicable eistrict 

regulations; and, ·· · 

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B. in t.~e event of.compliance, ~hat permit conditions will 

be· required including specific B1\CT reczui.rements and a 

description of' required mitigati~n measures;_ an~, , .. 

c. complete the new source review requirements ~f Rule 230 

l Wit.~in 240 days.of t.~e filing date, the Air Pollution Control 

Officer shall submit to the Co~~ission 

a Determination of 

Compliance, or if such a determination cannot be issuee, 

shall so inform the Co~~ission 

as to the reason· for 

noncompliance. 

Any app}icant·rece~ving 

a certificate from the 

pursuan~ 

to t.~is section and .in compliance 

eondi tions of the cer~i!icat.e 

shall be issued -a 

Operate by ~~e Air Poilu~ion 

Control Offi~er. 

Com.'nission 

wit.~ all 

Permit to 

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