RULE 230 - ACTION ON APPLICATIONS

The Control Officer shall act promptly on an application 

for an Authority to Construct, Modify, Replace, Operate or Use, 

and shall notify the applicant in writing by mail or in person, 

of the action taken; namely approval, conditional approval, or 

denial. Notice of action taken 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.

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 220(b), the Control Officer shall provide 

for public notice in accordance with the provisions of said 

rule.

(a) General Approval

The Control Officer shall grant an Authority to Construct 

only after s/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, 

including the requirements of 40 CFR 52.21provided in Rule 

220 and will not cause cumulative deterioration of existing 

air quality in excess of the maximum allowable PSD 

increments as defined in Rule 130(p7);

(4) will not result in air contaminant emissions in excess 

of the allowable standards established by the Environmental 

Protection Agency for new stationary sources of the 

category types listed in Rule 490 and 492 of the District, 

or employs best available control technology, BACT, for 

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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 

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 490 & 492.

(b) New Source Approval

(1) Immediately upon filing the public notice for a new or 

modified stationary source subject to the provisions of 

Rule 220, the Control Officer shall forward to the 

California Air Resources Board and 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 220, may not be granted 

or denied by the Control Officer until at least 30 days 

after the date of public notice.

(c) Denial of Application

The Control Officer shall deny an Authority to Construct 

for any new or modified stationary source of air contaminants 

which does not meet the requirements specified in Rule 230. In 

the event of such denial, the 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 Control Officer shall not accept a further application 

unless the applicant has satisfied the requirements which were 

the basis for denial of the Authority to Construct.

(d) Conditional Approval

The 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 

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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 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. However, hydrogen sulfide 

reductions may not be required for geothermal power plant 

sources in Northern Sonoma County provided all such sources 

owned by the applicant are in compliance with the hydrogen 

sulfide emission limitations of Rule 455(b).

(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.

The 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.

(e) Performance Standards in Effect

The issuance of an Authority to Construct does not relieve 

the permit holder of the requirement to comply with all 

applicable rules and regulations, including emission limitations 

and other performance standards, whether or not such limitations 

and standards are explicitly stated or referenced in the permit.

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