Imperial County Air Pollution Control District Rule 206 

RULE 206. PROCESSING OF APPLICATIONS 

(Adopted 2/2 1 /72; revised 91 1 4/99) 

A. Guidelines 

A. 1 The Air Pollution Control Officer shall prepare guidelines for the processing of 

applications and issuance of permits, to implement and supplement the provisions of 

these Rules and other laws (notably Article 1, Chapter 3, Part 4, Division 26 of the 

Health and Safety Code and Chapter 4.5, Division 1. Title 7, of the Government 

Code). 

The Air Pollution Control Officer shall determine whether the application is complete 

not later than 3 0 days after receipt of the application, or after such longer time as both 

the applicant and the Air Pollution Control Officer may agree. If the Air Pollution 

Control O&er determines that the application is not complete, the applicant shall be 

notified in writing of the decision spec* the information required. Upon receipt 

of any re-submittal of the application, a new 30-day period to determine completeness 

shall begin. Completeness of an application or resubmitted application shall be 

evaluated on the basis of the information requirements established by the District. 

Upon determination that the application is complete, the Air Pollution Control Officer 

shall notitjr the applicant in writing. ihe Air Pollution Control Officer may, during 

the processing of the application, request an applicant to clarify, ampw, correct, or 

otherwise supplement the information submitted in the application. 

A.3 Guidelines and procedures for processing and issuing permits shall insure that: 

A.3.a no Pfoject will prevent or interfere with the attainment or maintenance of 

applicable Ambient Air Quality Standards, and 

A.3.b no Project will be permitted unless the Air Pollution Control Officer is 

satisfied that all applicable rules, orders, and regulations will be complied 

with. 

A.4 The Air Pollution Control Officer shall provide guidelines specifying criteria and 

methods for the calculation of emissions, required by these Rules, and pursuant to 

applicable state and federal requirements. 

A.4.a Fugitive Emissions shall be included in the assessment of emissions for a 

Project. 
Imperial County Air Pollution Control District Rule 206 

A.4.b Mobile sources (e.g. trucks, forklifts. tractors, etc.) whose activity is 

predominantly "on-site" shall be included in the assessment of emissions for 

a Project. 

A.4.c Toxic and hazardous air contaminants may be restricted. Beyond the 

provisions ofRule 407 (Nuisance), the Air Pollution Control Officer shall take 

reasonable steps to insure that no Project will emit air contaminants that may 

endanger the short or long term health, safety or property of Persons. The Air 

Pollution Control Officer may inciude emission standards for toxic and 

hazardous air contaminants as conditions of permits even where standards for 

such materials have not been established by state, federal, or other agencies. 

if based upon a substantial body of responsible literature and data. 

B. Ministerial Permits 

B. 1 Burn permits, Livestock Feed Yard certiiicates, permits for Minor Projects, transfer 

of named permittee, annual renewals, and permits to operate issued pursuant to a 

valid Authority to Construct permit, shall be considered ministerial. 

B.2 Projects which do not require Control Equipment and for which malfhction of 

normal operating equipment cannot result in emissions in violation of any Rule or 

Standard, shall be considered ministerial. 

B.3 The Air Pollution Control Officer may determine, upon significant evidence, that an 

application should not be processed as ministerial. Such decision may be appealed to 

the Hearing Board. 

B.4 Within ten (10) days of acceptance as complete, the Air Pollution Control Officer 

shall approve an application for a ministerial Project which complies with all 

applicable rules, procedures, and guidelines, and issue the permit, or shall deny the 

application and give the applicant a written statement of the reasons for the denial. 

B.4.a Failure of the Air Pollution Control Officer to either approve or deny a 

ministerial permit within the prescribed time limits shall be deemed approval 

if all fees have been paid and the Project complies with all rules and 

regulations. 

B.4. b For Major Projects or others with complex inspection and evaluation, the time 

limit for an approval or denial of a Permit to Operate may be extended by the 

actual time required for the evaluation. 
Imperial County Air Pollution Control District Rule 306 

C. Discretionary Permits 

Following acceptance of an application for a non-ministerial Project as complete, the 

Air Pollution Control Officer shall perform the evaluations and environmental impact 

analysis required to determine compliance with all applicable rules and regulations 

and make a preliminary written decision as to whether the permit should be approved. 

conditionalIy approved, or disapproved. The Air Pollution Control Officer shall deny 

any application if the Air Pollution Control Officer finds that the subject of the 

application would not comply with the requirements of this regulation or any other 

applicable rule or regulation. The decision shall be supported by a succinct written 

analysis. 

C.2 Within ten (10) calendar days following the preliminary decision, the Air Pollution 

Control Officer shall publish in at least one newspaper of general circulation in the 

District a notice stating the preliminary decision, noting how pertinent informationcan 

be obtained, and inviting written public comment for a 30-day period following the 

date of publication. The District shall transmit to the applicant, the California Air 

Resources Board, the U.S. Environmental Protection Agency, and to any Person 

requesting such information its preliminary written decision (including proposed 

conditions of approval represented by permit conditions), the Air Pollution Control 

Officer's analysis, and a copy of the notice submitted for publication, no later than the 

date of publication. These requirements relating to notification and publication of the 

Air Pollution Control Officer's preliminary decisions, do not apply ifthe application 

is for a new or modified Stationary Source with a Potential to Emit less than 100 

pounds per day of nitrogen oxides, reactive organic compounds, carbon monoxide 

(Nonattainrnent Areas only), sdfiu oxides, or PMIO, or 550 pounds per day ofcarbon 

monoxide in-attainment areas. 

C.3 The Air Pollution Control Officer shall make available for public inspection at the Air 

Pollution Control District's office, the information submitted by the applicant and the 

Air Pollution Control Oficer's analysis no later than the date the prelirmnary decision 

is published. Information submitted which contains trade secrets shall be handled in 

accordance with Section 6254.7 of the California Government Code and relevant 

sections of the California Code of Regulations. 

C.4 Within 180 days after acceptance of an application as complete, or within 180 days 

(or one year if the District is lead agency) after the designated lead agency has 

approved the Project under the California Environmental Quality Act, whichever 

occurs later, the Air Pollution Control Officer shall take final action on the application 

after considering alI written comments. The Air Pollution Control Officer shall 

provide written notice of the final action to the applicant,the U.S. Environmental 

Protection Agency, and the California Air Resources Board and shall publish such 
Imperial County Air Pollution Control District Rule 206 

notice in a newspaper of general circulation in the District. The Air Po llution Control 

Officer shall make available for public inspection at the District office a copy of the 

notice submitted for publication and all supporting documents. These requirements 

relating to notification and publication of the Air Pollution Control 06cer's action. 

do not apply if the application is for a new or modified Stationary Source with a 

Potential to Emit less than 100 pounds per day of nitrogen oxides, reactive organic 

compounds, carbon monoxide (Nonattainment Areas only), sulfur oxides, or PM 1 0, 

or 550 pounds per day of carbon monoxide in attainment areas. 

C.5 Failure of the Air Pollution Control Officer to either approve or deny a discretionary 

permit within the prescnid time limits shall be deemed a denial. In such case the 

applicant may appeal, pursuant to the Hearing Board Procedures, but without paying 

the appeal fee. 

C.6 A Notice of Determination, pursuant to the California Environmental Quality Act, 

shall be fled, for approved Projects. 

C.7 For Major Projects, a copy of the approved permit shall be sent to the California Air 

Resources Board and the Environmental Protection Agency, notice of the approval 

published, and copies of the approval and supporting documents made available for 

public inspection.