RULE 200 - PERMIT REQUIREMENTS

(a) Authority to Construct or Modify

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

written authorization 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 by the applicant submitsting 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, Erect, 

Modify, Replace, Operate or Use for any equipment or indirect 

source which may cause, potentially cause, reduce, control, or 

eliminate the emission of air contaminantsrequired 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 requested by the District from the list 

adopted pursuant to "AB 884" (1977)required for a complete 

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

Control Officer, any existingent 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:

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(1) Whether the project application is subject to the 

requirements of Regulation 1 of the California North Coast 

Air Basin.

(2) Whether the project application is ministerial, 

categorically exempt, or subject to an environmental 

evaluation in accordance with the requirements of the 

California Environmental Quality Act of 1970.

(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 under the provisions of the 

Code of Federal Regulations 52.21as 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 

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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 

emissions, except fugitive dust emissions, are included in 

determining aggregate emissionsfor which a permit is 

required to be obtained in accordance with California 

Health and Safety Code 42301.16(a), as of November 14, 

2014;

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 which apply to air pollutant emissions from 

agricultural sources or operationsenforceable 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 

below the significance levelin 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

Amendments of 1990), including Agricultural Sources as 

defined in Section 39011.5 of the California Health and 

Safety Code, as of November 14, 2014. upon amendment of the 

California Health and Safety Code to allow the issuance of 

Title V permits to agricultural production sources.

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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

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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