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 applicant in writing by mail or in person, of the 

action taken on that application. Such action shall include a determination 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 notification has been deposited in the mail, postpaid, 

addressed to the address shown on the application, or when personally delivered to the applicant or his 

representative. (Ref. 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 indirect sources or new or 

modified stationary sources of air contaminants subject to the requirements 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 an Authority to Construct only after determining 

that the new or modified stationary source of air contaminants: 

(1) will cause the article, machine, equipment or other contrivance, so constructed or 

modified, to operate within all applicable rules and regulations pertaining to the emission 

of air contaminants; 

(2) will not prevent the attainment, interfere with the maintenance, or cause a violation, of 

any state or national ambient air quality standard nor interfere with the control strategy 

contained in the State of California Air Quality Implementation Plan; 

(3) has complied with all applicable requirements, including the requirements provided in 

Rule 1-220 and will not cause cumulative deterioration of existing air quality in excess of 

50% of remaining available PSD increments as defined in Rule 1-130(p7); 

(4) will not result in air contaminant emissions in excess of the allowable standards 

established by the U.S. Environmental Protection Agency for new stationary sources of 

the category types listed in Rule 1-490 and 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 the more restrictive condition; and 

(5) provides adequate facilities for sampling, emission monitoring, and reporting procedures 

as specified by the Air Pollution Control Officer. 

NOTE: The variance provisions of the California 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 new or modified stationary source subject 

to the provisions of Rule 1-220, the Air Pollution 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 quality 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 Air 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 Control 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 acknowledgement of the persons served or 

affidavit of the person making the service. The Air Pollution Control Officer 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 regulations, in which case, the conditions shall be specified in 

writing. Commencing work under such an Authority to Construct shall 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 ambient air quality standard unless all the following 

conditions are met for the applicable (violating) pollutant: 

(1) The new source is required to employ "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 emissions from the combined existing and proposed 

sources will be less than the total actual emissions from the existing sources prior to the 

date of application for the Authority to Construct. Any emission reductions of this type 

must be enforceable by revised permit conditions. 

(3) The emission reductions stated above will provide a positive net air quality benefit in the 

affected area. 

(4) The applicant certified that all existing sources owned or controlled by the owner or 

operator of the proposed source in the State are 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 new application, if the applicant 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 Construct does not relieve the permit holder of the 

requirement to comply with all applicable rules and regulations, including emission 

limitations and other performance standards, whether or not such limitations and standards are 

explicitly stated or referenced in the permit.