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 ofpermits, 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 shalldetermine whether the application is complete not laterthan 3 0 days after receipt ofthe application, or after such longer time asboth the applicant and the 

### Air Pollution Control Officer may agree. If the Air Pollution Control O&er determinesthat the application is not complete, the applicant shall be notified in writing ofthe decision spec* the informationrequired. Upon receipt ofany re-submittalofthe application, a new 30-day periodto determinecompleteness shall begin. Completeness of an application or resubmitted application shall be evaluated on the basis of the information requirements established by the District. Upon determinationthat the application is complete,the

### Air PollutionControlOfficer 

### shall notitjr the applicant in writing. ihe

### Air Pollution Control Officer may, during the processing ofthe application, request an applicantto 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 provisionsofRule407 (Nuisance),the Air Pollution ControlOfficer shall take reasonable steps to insure that no Project will emit 

### air contaminants that may endanger the short or long termhealth, safetyorpropertyofPersons. The Air Pollution Control Officer may inciude emission standards for toxic and hazardousair contaminants as conditionsofpermits even where standardsfor such materials have not been established by state, federal, or other agencies. ifbased upon a substantial body ofresponsible literature and data.

B. Ministerial Permits

B. 1 Burn permits, LivestockFeed 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 Officermay determine, upon significant evidence, that an application should not be processed as ministerial. Suchdecision may be appealedto 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 ofthe 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 MajorProjectsorothers with complexinspectionand evaluation,thetime 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 ofan application for a non-ministerial Project as complete, the Air Pollution Control Officer shallperform the evaluationsand environmental impact analysis required to determine compliance with 

### all applicable rules and regulations and make apreliminarywritten decision as to whether the permit should be approved. conditionalIyapproved,or disapproved. The 

### Air PollutionControlOfficer 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 preliminarydecision,noting how pertinentinformationcan 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 ofthe notice submittedforpublication,no laterthanthe date ofpublication. These requirementsrelating to notification and publication ofthe 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 (NonattainrnentAreas only), sdfiuoxides, orPMIO, or 550pounds per dayofcarbon monoxide in-attainmentareas.
C.3 The Air Pollution Control Officer shallmake available for public inspectionat the 

### Air Pollution ControlDistrict's office, the information submittedby the applicant and the Air Pollution ControlOficer's analysisno later than the datethe 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 ofRegulations.

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
occurslater, the 

### Air PollutionControlOfficer shalltake 

### finalactiononthe 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 suchImperial County Air Pollution Control District Rule 206
notice in a newspaper ofgeneral 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 ofthe 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 applicantmay appeal, pursuant to the Hearing Board Procedures,but without paying the appeal fee.

C.6 A Notice ofDetermination, pursuant to the California Environmental 

### Quality Act, shall be fled, for approved Projects.

C.7 For Major Projects, a copy ofthe approved permit shall 

### be sent to the CaliforniaAir Resources Board and the Environmental Protection Agency, notice ofthe approval published, and copies of the approval and supporting documents made available for public inspection.