RULE 200 - PERMIT REQUIREMENTS

(a) Authority to Construct or Modify

An Authority to Construct, Modify, Replace, Operate or Use 

shall be obtained from the District prior to starting 

construction, modification, operation or use of any stationary 

or indirect source 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 for up to one (1) year if the 

applicant submits an annual renewal fee per Rule 300(f). 

Construction not in accordance with this Authority to Construct 

shall be sufficient reason to deny a Permit to Operate.

(b) Applications

All applications for an Authority to Construct, Modify, 

Replace, Operate or Use for any equipment or indirect source 

required in (a) above, shall be filed at the office of the 

District or its designated agent for accepting applications, 

except as provided in Rule 220(c) for new power plants. Such 

application shall contain all information required for a 

complete application as specified in (e), below. Upon request 

of the Control Officer, any existing stationary 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 Chapter III-Fees.

(c) Preliminary Determinations

In acting upon an application for an Authority to 

Construct, the Control Officer shall make the following 

determinations:

(1) Whether the project application is subject to the 

requirements of Regulation 1.

(2) Whether the project application is ministerial, 

categorically exempt, or subject to an environmental 

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evaluation in accordance with the requirements of the 

California Environmental Quality Act.

(3) Whether the project application is subject to the new 

source review procedures specified in Rule 220(b).

(4) Whether the project is subject to the new power plant 

review procedures specified in Rule 220(c).

(5) Whether the project application is subject to the 

requirements of federal new source performance standards 

(Rule 490), or subject to national emission standards for 

hazardous air pollutants (Rule 492).

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

source or major modification as defined in Rule 130 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 plants, equipment, process 

operations or indirect sources which may emit air contaminants 

with the following exceptions:

(1) Any vehicle as defined in the Section 670 of the 

California Vehicle Code, as of November 14, 2014.

(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 which 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, except 

that this exemption shall not apply to the following 

sources or equipment:

a) Agricultural sources at a stationary source that, in 

aggregate, produce actual emissions equal to or greater 

than 50 tpy of any regulated NSR pollutant. For the 

purposes of determining permitting applicability, fugitive 

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emissions, except fugitive dust emissions, are included in 

determining aggregate emissions;

b) Diesel engines used in agricultural operations subject 

to the State Airborne Toxic Control Measure (ATCM) for 

Stationary Compression Ignition Engines; 

c) Agricultural sources subject to any state or federal 

regulations enforceable by the District.

(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 

which the Control Officer finds emits air contaminants in 

an amount that is less than 50% of the level specified in 

Rule 130(2) as significant, is not subject to any federal 

regulation enforceable by the District or any NSPS or 

NESHAP, and which and s/he determines should be exempted.

A Federal Operating (Title V) Permit shall be required for 

any source that is a Major Source as defined in District 

Regulation 5 (Procedures for Issuing Permits to Operate for 

Sources Subject to Title V of the Federal Clean Air Act), 

including Agricultural Sources as defined in Section 

39011.5 of the California Health and Safety Code, as of 

November 14, 2014..

No exemption from the requirements listed herein under Rule 

200(d) for an Authority to Construct or Permit to Operate 

may be allowed for any individual source which is subject 

to new source review in accordance with Rule 220(b).

(e) Procedures

Applications for an Authority to Construct or Permit to Operate

(permit) shall be made and reviewed in accordance with the 

following procedures.

(1) In order to be deemed complete, an application for a 

permit shall include all information necessary to fully 

characterize the equipment, operation, emissions, and 

emissions impacts of the activity for which the permit is 

requested, and to determine compliance of such activity 

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with all applicable requirements, and to assess applicable 

fees. To be deemed complete, the application shall also 

include payment of all fees assessed for review of said 

application.

(2) Within 30 days of receipt an application for a permit, 

the Control Officer shall notify the applicant in writing 

if the application is not deemed complete, and shall 

provide a list of information needed to complete the 

application, including assessment of fees unless

insufficient information has been submitted for the permit 

fees to be determined, in which case fees shall be assessed 

when the necessary information has been submitted by the 

applicant.

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