(Adopted January 9, 1976)(Amended July 6, 1984)(Amended May 17, 1985)

(Amended May 1, 1987)(Amended July 10, 1987)(Amended March 3, 1989)

(Amended June 28, 1990)(Amended September 6, 1991)

(Amended August 12, 1994)(Amended December 7, 1995)

212-1

Rule 212. Standards For Approving Permits

(a) The Executive Officer or designee shall deny a Permit to Construct or a Permit to

Operate, except as provided in Rule 204, unless the applicant shows that the

equipment the use of which may cause the issuance of air contaminants or the use

of which. may eliminate, reduce, or control the issuance of air contaminants, is so

designed, controlled, or equipped with such air pollution control equipment that it

may be expected to operate without emitting air contaminants in violation of

Section 41700, 41701, or 44300 (et sec.) of the State Health and Safety Code or of

these rules.

(b) If the Executive Officer or designee finds that the equipment has not been

constructed in accordance with the permit and provides less effective air pollution

control than the equipment specified in the Permit to Construct, he shall deny the

Permit to Operate.

(c) Prior to granting a Permit to Construct for a significant project, all addresses

within the area described in section (d) shall be notified of the Executive Officer's

or designee's intent to grant a Permit to Construct at least 30 days prior to the date

action is to be taken on the application. For the purpose of this rule, significant

projects will consist of:

(1) all new or modified permit units that may emit air contaminants located

within 1000 feet from the outer boundary of a school. This subdivision

shall not apply to modification of an existing facility if the Executive

Officer or designee determines that the modification will result in a

reduction of emissions of air contaminants from the facility and no

increase in health risk at any receptor location. This paragraph shall not

apply to modifications that have no potential to affect emissions;

(2) all new or modified facilities which have on-site emission increases

exceeding any of the daily maximums specified in subdivision (g) of this

rule; and
Rule 212 (Cont.) (Amended December 7, 1995)

212-2

(3) all new or modified permit units with increases in emissions of toxic air

contaminants, for which the Executive Officer or designee has made a

determination that a person may be exposed to an individual cancer risk

greater than, or equal to, one in a million (1 x 10-6) during a lifetime (70

years) period, or may be exposed to quantities or concentrations of other

substances that pose a potential risk of nuisance. Toxic and potentially

toxic air contaminants are substances listed in Table I of Rule 1401, or any

other material determined by the Executive Officer or designee to be

potentially toxic. This paragraph shall not apply if the Executive Officer

or designee determines that modifications to the existing facility will not

result in an increase in health risk at any receptor location.

(d) Except as provided for in subdivision (g), the notification of the proposed

construction of a significant project, which is to be prepared by the District, is to

contain sufficient detail to fully describe the project. The applicant shall provide

verification to the Executive Officer or designee that public notice has been

distributed as required by this subdivision. In the case of notifications performed

under paragraphs (c)(2) and (c)(3), the applicant for the Permit to Construct shall

be responsible for the distribution of the public notice to each address within a 1/4

mile radius of the project or such other area as determined appropriate by the

Executive Officer or designee. In the case of notifications performed under

paragraph (c)(1), distribution of the public notice shall be to the parents of

children in any school within 1/4 mile of the facility and the applicant shall

provide distribution of the public notice to each address within a radius of 750

feet from the outer property line of the proposed new or modified facility.

(e) Any person may file a written request for notice of any decision or action

pertaining to the issuance of a Permit to Construct. The Executive Officer or

designee shall provide mailed notice of such decision or action to any person who

has filed a written request for notification. Requests for notice shall be filed

pursuant to procedures established by the Executive Officer or designee. The

notice shall be mailed at the time that the Executive Officer or designee notifies

the permit applicant of the decision or actions The 10-day period to appeal,

specified in Rule 216(b), shall commence on the third day following mailing of

the notice pursuant to this subdivision. The requirements for public notice

pursuant to this subdivision are fulfilled if the Executive Officer makes a good
Rule 212 (Cont.) (Amended December 7, 1995)

212-3

faith effort to follow procedures established pursuant to this subdivision for

giving notice and, in such circumstances, failure of any person to receive the

notice shall not affect the validity of any permit subsequently issued by the

Executive Officer or designee.

(f) An application for a Permit to Operate, for a permit unit installed or constructed

without a required Permit to Construct, shall be subject to the requirements of this

rule.

(g) For new or modified sources subject to Regulation XX, RECLAIM facilities, or

Outer Continental Shelf (OCS) Facilities located within 25 miles of the State's

seaward boundary and for which the District has been designated as the

corresponding onshore area (COA), which undergo construction or modifications

resulting in an emissions increase exceeding any of the daily maximums specified

as follows:

Air Contaminant

Daily Maximum

in lbs per Day

Volatile Organic Compounds 30

Nitrogen Oxides 40

PM10 30

Sulfiir Dioxide 60

Carbon Monoxide 220

Lead 3

The process for public notification and comment shall include all of the applicable

provisions of 40 Code of Federal Regulations (CFR) Part 51, Section 51.161(b),

and 40 CFR Part 124, Section 124.10. The federal public notice and comment

procedures for these facilities require that the public notice be distributed to the

broadest possible scope of interested parties, and include at a minimum:

(1) Availability of information submitted by the owner or operator and of

District analyses of the effect on air quality for public inspection in at least

one location in the area affected;

(2) Notice by prominent advertisement in the area affected of the location of

the source information and the District's analyses of the effect on air

quality;
Rule 212 (Cont.) (Amended December 7, 1995)

212-4

(3) Mailing a copy of the notice required in paragraph (2) to the following

persons: The applicant the Administrator of U. S. EPA through Region 9,

the Air Resources Board, affected local air pollution control districts, the

chief executives of the city and county or the onshore area that is

geographically closest to where the major stationary source or major

modification would be located, any comprehensive regional land use

planning agency, and State, Federal Land Manager, or Indian Governing

Body whose lands may be affected by emissions from the regulated

activity;

(4) A 30-day period for submittal of public comments.