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Mendocino County Air Quality Management District Regulation 1

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 completeness shall include approval, conditional approval, or 

denial. 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] 

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 he has 

determined 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 of 40 CFR. Part 52.21 and will not 

cause deterioration of existing air quality in excess of 50% of remaining available PSD 

increments; 

(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. 
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Mendocino County Air Quality Management District Regulation 1

(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 or written contract agreements.

(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.
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Mendocino County Air Quality Management District Regulation 1

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.