MOJAQMD RULE 1306 ELECTRIC ENERGY GENERATING FACILITIES

LAST REVISED 03/25/96



## RULE 1306 ELECTRIC ENERGY GENERATING FACILITIES

(Adopted: 06/21/80; Amended: 10/27/93; Amended: 03/25/96)

(A) General **1. This Rule shall apply to all EEGF proposed to be constructed in the District and for which an NOI**  **or AFC has been accepted by the CEC, as such terms are defined in District Rul e 1301(T), (PP),**  **(G) and (L) respectively. 2. If any provision of this Rule conflicts with any other provision of this Regulation, the p**  **rovisions contained in this Rule shall control.** 

(B) Intent to Participate **1. Notification of Intent to Participate (NOI) (a) Within fourteen (14) days of receipt of an NOI, the APCO shall notify CARB and the C**  **EC of the District's intent to participate in the NOI proceeding.**  **2. Preliminary Report (a) If the District chooses to participate in the NOI proceeding, the APC**  **O shall prepare and submit a preliminary report to CARB and the CEC prior to the conclusion of the**  **nonadjudicatory hearings specified in Section 25509.5 of the Public Resources Code.**  **(b) The Preliminary Report shall include, at a minimum: (i) A preliminary specific definition or description of BACT for the prop**  **osed Facility; and (ii) A preliminary discussion of whether there is a substantial likelihood t** **hat the requirements of this Regulation and all other District Rules can be satisfie**  **d by the proposed Facility; and**  **(iii) A preliminary list of conditions which the proposed Facility must mee t in order to**  **comply with this Regulation and any other applicable District Rules. Page**  **1 of**  **3 MOJAQMD 1306 ELECTRIC ENERGY GENERATING FACILITIES** 

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**... (c) The preliminary determination shall be as specific as practic**  **able within the constraints of the**

**information contained in the NOI.**

(C) Applications **1. Application for New Source Review (a) The APCO shall consider the AFC to be equivalent to an application pursuant to D**  **istrict Rule 1302(B) during the Determination of Compliance review, and shall apply all applicable**  **provisions of District Rule 1302 to the application.**  **(b) If the information contained in the AFC does not meet the requirements which would otherwise comprise a complete application pursuant to District Rule 1302(B**  **)(1), the APCO shall, within twenty (20) calendar days of receipt of the AFC, specify the information neede**  **d to render the application complete and so inform the CEC.**  **2. Requests for Additional Information (a) The APCO may request from the applicant any information necessary for the compl**  **etion of the Determination of Compliance review.**  **(b) If the APCO is unable to obtain the information, CARB or the APCO may peti tion the**  **presiding committee of the CEC for an order directing the applicant to supply such infor mation.** 

(D) Determination of Compliance Review **1. Upon receipt of an AFC for an EEGF, the APCO shall conduct a Determination of Compl iance**  **review. This Determination shall consist of a review identical to that require d pursuant to District**  **Rule 1302(C).**

(E) Permit Issuance Procedure **1. Preliminary Decision (a) Within one hundred and fifty (150) days of accepting an AFC as complete and after the**  **determination of compliance review has been completed, the APCO shall make a preliminary**  **decision containing the following: (i) A determination whether the proposed EEGF meets the requirements of this**  **Regulation and all other applicable District Rules; and**  **(ii) In the event of compliance with all applicable District Rules and Regula tions, what**  **permit conditions will be required, including the specific BACT requirements. Page**  **2 of**  **3 MOJAQMD 1306 ELECTRIC ENERGY GENERATING FACILITIES** 

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**... 2.**  **Public Notice Requirements**

**(a) The preliminary written decision shall be treated as a prelimina ry decision under Rule 1302(D)**  **(1) and shall be finalized by the APCO only after being subject to the public notice and comment**  **requirements of Rule 1302(D)(2-3). 3. Determination of Compliance**  **(a) Within two hundred and ten (210) days of accepting an AFC as complete and after the notice provisions have been completed, the APCO shall issue and submit to the CEC either**  **of the following:**  **(i) A determination of compliance; or, (ii) If such a determination of compliance cannot be issued, an explanation regardi**  **ng why such determination of compliance cannot be issued.**  **(b) A determination of compliance shall confer the same rights and privileges a s the new source**  **review document and ATC(s) if and when the CEC approves the AFC, and the CEC certifi cate**  **includes all conditions contained in the determination of compliance.**

**[SIP: Submitted as amended 03/25/96 on _______; Sub mitted as amended 10/27/93 on 03/29/94; Conditional**  **Approval 47 FR 25013, 06/09/82]**  **Page 3**  **of 3**  **MOJAQMD 1306 ELECTRIC ENERGY GENERATING FACILITIES**

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