RULE 1- 230 - ACTION ON APPLICATIONS

Within 30 days of receipt of an application for an Authority to Construct, Modify, Replace, Operate or Use, the Air Pollution Control Officer shall notify the appli cant in writing by mail or in person, of the action taken on that application. Such action shall include a de termination of completeness or incompleteness. A determination of incompleteness shall include a request for more information necessary to issue a determination of completeness. Notice of action taken on an application shall be deemed to have been given when the written notif ication has been deposited in the mail, postpaid, addressed to the address shown on th e application, or when personally de livered to the applicant or his representative. (R ef. HS&C, Section 42301.3(d)(1)) [Amended 5/6/03, Amended 9/20/16] In acting upon any application for an Authority to Construct involving indire ct sources or new or modified stationary sources of ai r contaminants subject to the requi rements of Rule 1-220(b), the Air Pollution Control Officer shall provide for public notice in accordance with the provisions of said rule. (a) General Approval The Air Pollution Control Officer shall grant anAuthority to Construct only after determining that the new or modified stati onary source of air contaminants: (1) will cause the article, machine, equipment or other contrivance, so constructed or modified, to operate within all applicable ru les and regulations pertaining to the emission of air contaminants; (2) will not prevent the attainment, interfere withthe maintenance, or cause a violation, of any state or national ambient air quality standa rd nor interfere with the control strategy contained in the State of Californi a Air Quality Implementation Plan; (3) has complied with all applicable requirem ents, including the requi rements provided in Rule 1-220 and will not cause cumulative deterior ation of existing air quality in excess of 50% of remaining available PSD increm ents as defined in Rule 1-130(p7); (4) will not result in air contaminant emissi ons in excess of the allowable standards established by the U.S. Environmental Protec tion Agency for new stationary sources of the category types listed in Rule 1-490 a nd 1-492 of the District, or employs best available control technology, BACT, for each air contaminant for which the significance level is exceeded; whichever is th e more restrictive condition; and (5) provides adequate f acilities for sampling, emission mon itoring, and reporting procedures as specified by the Air Pollution Control Officer.

NOTE: The variance provisions of the Californi a Health and Safety Code do not apply to sources or emissions subject to the requirements of Rules 1-490 & 1-492. [Amended 9/20/16] (b) New Source Approval (1) Immediately upon filing the public notice for a ne w or modified stationary source subject to the provisions of Rule 1-220, the Air Pollu tion Control Officer shall forward to the California Air Resources Board and the U. S. Environmental Protection Agency an analysis of the effect of the source on air qua lity and the preliminary decision to grant or deny the Authority to Construct.(2) An Authority to Construct for any stationary source subject to the provisions of Rule 1- 220, may not be granted or denied by the Ai r Pollution Control Officer until at least 30 days after the date of public notice. (c) Denial of Application The Air Pollution Control Officer shall deny an Authority to Construct for any new or modified stationary source of air contaminants that does not meet the requirements specified in Rule 1-230. In the event of such denial, the Air Pollution C ontrol Officer shall notify the applicant in writing of the reasons therefore. Service of this notification may be made in person or by mail, addressed to the applicant at the address set forth on the application, and such service may be proved by the written ack nowledgement of the persons served or affidavit of the person making the service. Th e Air Pollution Control O fficer shall not accept a further application unless the applicant has satisfied the requirements that were the basis for denial of the Authority to Construct. (d) Conditional Approval The Air Pollution Control Officer may issue an Authority to Construct, subject to conditions which will assure the operation of any equipment or stationary source within the applicable standards set forth in these re gulations, in which cas e, the conditions shall be specified in writing. Commencing work under such an Author ity to Construct sha ll be deemed acceptance of all conditions so specified. No conditional approval may be granted for any proposed stationary source that would violate the general approval requirements of Rule 1-230(a)(2) with respect to a federal, state, or local am bient air quality standardunless all the following conditions are met for the appl icable (violating) pollutant: (1) The new source is required to empl oy "Best Available Control Technology". (2) Emission reductions from existing sources in the area of the proposed new source are required such that the total actual emissi ons from the combined existing and proposed sources will be less than the total actual emi ssions from the existing sources prior to the date of application for the Authority to Cons truct. Any emission reductions of this type must be enforceable by revised permit conditions. (3) The emission reductions stated above will provi de a positive net air quality benefit in the affected area. (4) The applicant certified that all existing s ources owned or controlled by the owner or operator of the proposed source in the State ar e in compliance with all applicable rules, regulations or approved compliance schedules. The Air Pollution Control Officer may issue an Authority to Construct with revised conditions upon receipt of a ne w application, if the appli cant demonstrates that the equipment or stationary source can operate within the standards of these regulations under the revised conditions. (e) Performance Standards in Effect The issuance of an Authority to Construc t does not relieve the permit holder of the requirement to comply with all applicable rules and regulations , including emission limitations and other performance st andards, whether or not such limitations and standards are explicitly stated or re ferenced in the permit.