Imperial County Air Pollution Control District Rule 206

RULE 206 PROCESSING OF APPLICATIONS

(Adopted 2/21/72; Revised 9/14/99; 10/10/2006; 10/22/2013)

A. Guidelines

A.1 The Air Pollution Control Officer (APCO) 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 4, Part 4, Division 26 of the Health and Safety Code and 

Chapter 4.5, Division 1, Title 7, of the Government Code).

A.2 The APCO shall determine whether the application is complete not later 

than 30 days after receipt of the application, or after such longer time as 

both the applicant and the APCO may agree. If the APCO determines that 

the application is not complete, the applicant shall be notified in writing of 

the decision specifying 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 APCO shall notify the applicant in writing. The APCO may, 

during the processing of the application, request an applicant to clarify, 

amplify, 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 Project 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 APCO is satisfied that all 

applicable Rules, orders, and regulations will be complied with.

A.4 The APCO 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.

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 

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the provisions of Rule 407 (Nuisance), the APCO 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 APCO may include 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.

A.5 The following definitions apply for all terms applicable to this Rule. If a 

term is not defined in this Rule, then the definitions provided in Rule 207 

shall apply.

MAJOR PROJECT: means a Project which will emit pollutants under any 

of the following conditions: 250 or more lbs/day controlled for any single 

pollutant; 100 or more tons/yr uncontrolled for any single pollutant; 250 or 

more tons/yr uncontrolled for all emissions combined.

MINOR PROJECT: means a Project for which uncontrolled emissions will 

not exceed 35 lbs/day of any pollutant, and for which there will be no 

emission of pollutants which are toxic Air Contaminants or for which the 

District has been designated nonattainment.

B. Ministerial Permits

B.1 Burn permits, 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. All other 

permits shall be considered discretionary permits, and subject to Section 

C of this Rule.

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

malfunction of normal operating Equipment cannot result in emissions in 

violation of any Rule or standard, shall be considered ministerial.

B.3 The APCO 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 APCO 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 APCO to either approve or deny a ministerial permit 

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within the prescribed time limits shall be deemed an approval if all 

fees have been paid and the Project complies with all Rules and 

regulations.

B.5 Any Project that meets the definition of a Major Stationary Source or a 

Major Modification, as defined in Rule 207, shall not be considered a 

ministerial permit

C. Discretionary Permits 

C.1 Following acceptance of an application for a discretionary permit as 

complete, the APCO 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, conditionally approved, or disapproved. The 

APCO shall deny any application if the APCO finds that the subject of the 

application would not comply with the requirements of this Rule 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 

APCO shall publish in at least one newspaper of general circulation in the 

District a notice stating the preliminary decision, noting how pertinent 

information can 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 (CARB), the United 

States Environmental Protection Agency (US EPA), and to any Person 

requesting such information its preliminary written decision (including 

proposed conditions of approval represented by permit conditions), the 

APCO's analysis, and a copy of the notice submitted for publication, no 

later than the date of publication.

C.3 The requirements of Subsection C.2 shall not apply if the Potential to Emit 

of the new or modified Stationary Source is less than the values listed 

below, in terms of lbs/day or tons/year, as listed.

Pollutant Lbs/day Tons/year

VOC, Nitrogen oxides, Sulfur dioxide, Total 

Reduced Sulfur Compounds or Hydrogen Sulfide

100

PM10 (non-fugitive)

PM10 (including fugitive)

80

100

PM2.5 40

Carbon Monoxide (Offsets required) 137

Carbon Monoxide (Offsets not required) 550

Fluorides 16

Sulfuric Acid Mist 38

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Pollutant Lbs/day Tons/year

Lead (Actual emissions) 5.0

C.4 The APCO shall make available for public inspection at the District office, 

the information submitted by the applicant and the APCO's analysis no 

later than the date the preliminary 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.5 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 APCO shall take final action on 

the application after considering all written comments.

C.6 The APCO shall provide written notice of the final permit action to the 

applicant, the US EPA, and the CARB and shall publish such notice on the 

District’s website or in a newspaper of general circulation in the District. 

The APCO shall make available for public inspection at the District office a 

copy of the notice submitted for publication and all supporting documents. 

The requirements of Subsection C.6 shall not apply if the Potential to Emit 

of the new or modified Stationary Source is less than the emission rates 

listed in Section C.3 above.

C.7 Failure of the APCO to either approve or deny a discretionary permit 

within the prescribed 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.8 A Notice of Determination, pursuant to the California Environmental 

Quality Act, shall be filed, for approved Projects.

C.9 For Major Stationary Sources or Modifications to Major Stationary 

Sources, a copy of the approved permit shall be sent to the CARB and the

US EPA, and make copies of the final approval and supporting documents 

available for public inspection.

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