II-19 Mendocino County Air Quality Management District Re gulation 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 not ify the applicant in writing by mail or in person, of the action taken on that application. Such acti on shall include a determination of completeness or incompleteness. A determination of completeness sh all include approval, conditional approval, or denial. A determination of incompleteness shall in clude a request for more information necessary to issue a determination of completeness. Notice o f action taken on an application shall be deemed to have been given when the written notification ha s been deposited in the mail, postpaid, addressed to the address shown on the application, or when pe rsonally 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 sub ject to the requirements of Rule 1-220(b), the Air Pollution Control Officer shall provide for pub lic notice in accordance with the provisions of
said rule.

(a) General Approval

The Air Pollution Control Officer shall grant an Au thority to Construct only after he has determined that the new or modified stationary sour ce of air contaminants:

(1) will cause the article, machine, equipment or othe r contrivance, so constructed or modified, to operate within all applicable rules an d regulations pertaining to the emission of air contaminants;

(2) will not prevent the attainment, interfere with th e 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 Im plementation Plan;

(3) has complied with all applicable requirements of 4 0 CFR. Part 52.21 and will not cause deterioration of existing air quality in exce ss of 50% of remaining available PSD increments;

(4) will not result in air contaminant emissions in ex cess of the allowable standards established by the U.S. Environmental Protection Ag ency for new stationary sources of the category types listed in Rule 1-490 and 1-49 2 of the District, or employs best available control technology, BACT, for each air co ntaminant for which the significance level is exceeded; whichever is the mo re restrictive condition; and

(5) provides adequate facilities for sampling, emissio n monitoring, and reporting procedures as specified by the Air Pollution Contro l Officer.

NOTE: The variance provisions of the California Health a nd Safety Code do not apply to sources or emissions subject to the requir ements of Rules 1-490 & 1-492.II-20 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.II-21 Mendocino County Air Quality Management District Regulation 1 T he 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.