SACRAMENTO METROPOLITAN AQMD RULES AND REGULATIONS

August 23, 2012 217-1

RULE 217 – PUBLIC NOTICE REQUIREMENTS FOR PERMITS

Adopted 8-23-12

INDEX

100 GENERAL

101 PURPOSE

102 APPLICABILITY

103 SEVERABILITY

110 EXEMPTION: NOTIFICATION REQUIREMENTS

200 DEFINITIONS

201 FINAL ACTION

202 POTENTIAL TO EMIT

203 PRELIMINARY DECISION

300 STANDARDS (NOT INCLUDED)

400 ADMINISTRATIVE REQUIREMENTS

401 PUBLIC NOTIFICATION, INSPECTION, AND REVIEW

402 NOTIFICATION FOR CLASS I AREA VISIBILITY AND FEDERAL LAND MANAGER

CONSULTATION

403 EMISSION CALCULATIONS

500 MONITORING AND RECORDS (NOT INCLUDED)
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100 GENERAL

101 PURPOSE: The purpose of this rule is to provide an administrative mechanism for public

notification and review of the issuance of authorities to construct and permits to operate at

new and modified stationary air pollution sources.

102 APPLICABILITY: This rule shall apply to all new stationary sources and emissions units

and all modifications to existing stationary sources and emissions units which are subject

to Rule 201, GENERAL PERMIT REQUIREMENTS, except that emissions units

exempted by Rule 201 must be included in the potential to emit of the stationary source

unless the emissions unit emits less than 2 pounds per day of each pollutant. This rule

shall not apply to prescribed burning of forest, or range land, road construction or any

other non-stationary source common to timber harvesting. This Section 102 shall not be

used to exempt any stationary source or modification, which would be subject to review

under U.S. Environmental Protection Agency regulations, from permit requirements.

103 SEVERABILITY: If a court of competent jurisdiction issues an order that any provision of

this rule is invalid, it is the intent of the Board of Directors of the District that other

provisions of this rule remain in full force and effect to the extent allowed by law.

110 EXEMPTION: NOTIFICATION REQUIREMENTS: The requirements of Section 401,

relating to notification, publication, and public inspection of Preliminary Decisions; and

notification, publication, and public inspection of Final Actions shall not apply if the

application is for any new or modified emissions unit where the combined potential to emit

from the project would have an increase in potential to emit, as defined in Section 403, of

less than the amounts listed below. This exemption does not apply where emission

offsets are required pursuant to the applicable New Source Review requirements.

Pollutant

Volatile organic compounds 5,000 pounds per quarter

Nitrogen oxides 5,000 pounds per quarter

Sulfur oxides 9,200 pounds per quarter

PM10 7,300 pounds per quarter

PM2.5 10 tons per year

Carbon monoxide 49,500 pounds per quarter

200 DEFINITIONS: Unless otherwise defined below, the terms in this rule are defined in Rule 101,

GENERAL PROVISIONS AND DEFINITIONS, Rule 201, GENERAL PERMIT REQUIREMENTS,

and Rule 214, FEDERAL NEW SOURCE REVIEW.

201 FINAL ACTION: The final action to grant or deny a permit pursuant to Rule 201,

GENERAL PERMIT REQUIREMENTS.

202 POTENTIAL TO EMIT: The maximum physical and operational design capacity to emit a

pollutant. Limitations on the physical or operational design capacity, including emissions

control devices and limitations on hours of operation, may be considered only if such

limitations are incorporated into the applicable Authority to Construct and Permit to

Operate as a permit condition that is enforceable as a practical matter and, for all new and

modified major stationary sources, federally enforceable. The potential to emit shall

include both directly emitted and fugitive emissions.

203 PRELIMINARY DECISION: The proposed action of the Air Pollution Control Officer to

grant or deny a permit, pursuant to Rule 201, GENERAL PERMIT REQUIREMENTS.

This includes the preliminary decision to determine whether a power plant over 50

megawatts will be in compliance with all applicable New Source Review requirements.
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300 STANDARDS (NOT INCLUDED)

400 ADMINISTRATIVE REQUIREMENTS

401 PUBLIC NOTIFICATION, INSPECTION, AND REVIEW: Except as provided in Section

110, the following administrative requirements shall apply to all preliminary decisions and

final actions:

401.1 PRELIMINARY DECISION NOTIFICATION: The Air Pollution Control Officer

shall transmit to the California Air Resources Board and the U.S. Environmental

Protection Agency the Air Pollution Control Officer’s preliminary written decision

and analysis for sources subject to Best Available Control Technology or emission

offsets, upon issuance of the preliminary decision, for a 30-day review period.

401.2 PUBLICATION AND PUBLIC COMMENT: Within ten calendar days following a

preliminary decision, the Air Pollution Control Officer shall publish in at least one

newspaper of general circulation in the District a notice stating the preliminary

decision of the Air Pollution Control Officer, noting how pertinent information can

be obtained, and inviting written public comment for a 30-day period following the

date of publication. The notice shall include the time and place of any hearing that

may be held, including a statement of procedure to request a hearing (unless a

hearing has already been scheduled). The Air Pollution Control Officer shall give

notice of any public hearing at least 30 days in advance of the hearing.

401.3 PUBLIC INSPECTION: The Air Pollution Control Officer shall make available for

public inspection at the District's office the information submitted by the applicant

and the Air Pollution Control Officer's written analysis no later than the date the

notice of the preliminary decision is published, pursuant to Section 401.2. All such

information shall be transmitted no later than the date of publication to the

California Air Resources Board and the U.S. Environmental Protection Agency

regional office, and to any party which requests such information. 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 Administrative Code.

401.4 AUTHORITY TO CONSTRUCT, FINAL ACTION NOTIFICATION: The Air

Pollution Control Officer shall provide written notice of the final action to the

applicant, the U.S. Environmental Protection Agency, the California Air Resources

Board, and to any party that requests such information. The Air Pollution Control

Officer shall publish the notice, only after considering all written comments, on the

District’s website and shall make the notice and all supporting documents

available for public inspection at the District's office.

402 NOTIFICATION FOR CLASS I AREA VISIBILITY AND FEDERAL LAND MANAGER

CONSULTATION: In addition to the public notification procedures of Section 401, the

following additional administrative requirements shall apply to all preliminary decisions and

final actions that require a visibility analysis to be prepared pursuant to Rule 214,

FEDERAL NEW SOURCE REVIEW.

402.1 PUBLIC HEARING: The Air Pollution Control Officer shall provide an opportunity

for a public hearing allowing interested persons to appear and submit comments

on the air quality impact of the source, alternatives to it, the control technology

required, and other appropriate considerations as allowed by 40 CFR

51.166(q)(2)(v). The Air Pollution Control Officer shall give notice at least 30 days

in advance of the hearing.
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402.2 PUBLIC INSPECTION AND CONSIDERATION OF COMMENTS: The Air

Pollution Control Officer shall consider all comments received in making a final

decision on the approvability of the application. The Air Pollution Control Officer

shall make available all comments received, any analysis provided from the

Federal Land Manager, and a copy or summary of other materials considered for

public inspection at the District's office, pursuant to 40 CFR 51.166(q)(2)(ii) and 40

CFR 51.166(q)(2)(vi).

402.3 PUBLICATION: The Air Pollution Control Officer shall send a written notification

to all relevant officials and agencies having cognizance over the location where

the proposed construction would occur as required by 40 CFR 51.166(q)(2)(iv).

The written notification must include a copy of all information relevant to the permit

application within 30 days of receipt and at least 60 days prior to a public hearing

on the permit application.

403 EMISSION CALCULATIONS: The following provision shall be used:

403.1 Notification – Increase in Potential to Emit: The increase in potential to emit, for

purposes of determining whether Section 110 – Exemption: Notification

Requirements applies, shall be calculated by subtracting the potential to emit for

the project prior to modification from the potential to emit for the project after the

proposed modification.

500 MONITORING AND RECORDS (NOT INCLUDED)
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