### CHAPTER II – PERMITS

All permit requirements and procedures covered by this chapter are and shall be interpreted in accordance with the provisions of the federal Clea n Air Act Amendments of 1990 and as amended at the time of application, Title 40 of the Code of Federal Regulations, Part 52.21 and Division 26 of the California Health and Safety Code as applicable, to comply with the California State Implementation Plan (SIP). [Amended 5/6/03, Amended 9/20/16]

RULE 1-200 - PERMIT REQUIREMENTS

(a) Authority to Construct or Modify An Authority to Construct, Modify, Replace, Operate or Use shall be obtained from the District prior to starting c onstruction, modification, operati on or use of any stationary, portable, indirect source or conducting large grading operations which may cause, potentially cause, reduce, control or eliminate the emission of air contaminants. A single authorization may be issued for all components of an integr ated system or process. An Authority to Construct shall remain in effect for one (1) ye ar or until a Permit to Operate is issued or denied, or the application is cance led at the request of the applican t, whichever occurs first. If the Authority to Construct expires prior to issu ance of a Permit to Operate, the authorization may be extended for up to one (1) year if th e applicant submits an annual renewal fee per Rule 1-300(f). Construction not in accordance with this Authority to Construct shall be sufficient reason to deny a Permit to Operate. [Amended 5/6/03, Amended 12/5/06, Amended 9/20/16] (b) Applications All applications for an Authority to Constr uct, Modify, Replace, Operate or Use any equipment, indirect source or to conduct la rge grading operations as required by Rule 1- 200(a), , shall be filed at the office of the Di strict or its designated agent for accepting applications, except as provided in Rule 1-220( c) for new power plants. Such application shall contain all information required for a comple te application as specified in Rule 1-200(e). Upon request of the Air Pollution Control Offi cer, any existing stationary, portable, or indirect source of air contaminant emissions, act ual or potential, shall apply for a Permit to Operate from the District. The applicant for an Authority to Construct or Permit to Operate shall pay the fees as specified in Regulation 1, Rule 1-300 et seq

. [Amended 12/5/06, Amended 9/20/16] (c) Preliminary Determinations In acting upon an application for an Authority to Construct, the Air Pollution Control Officer shall make the following determinations: (1) Whether the project application is subj ect to the requireme nts of Regulation 1. (2) Whether the project application is ministeria l, categorically exempt , statutorily exempt, or subject to an environmental evaluation in accordance with the requirements of the California Environmental Quality. (3) Whether the project applicati on is subject to the new source review procedures specified in Rule 1-220(b).(4) Whether the project is subject to the new power plant review procedures specified in Rule 1-220(c). (5) Whether the project application is subject to the requirements of federal New Source Performance Standards (Rule 1-490), or s ubject to national emission standards for Hazardous Air Pollutants (Rule 1-492). (6) Whether the project is classified as a majo r stationary source or major modification as defined in Rule 1-130 and subject to all applicable Prevention of Significant Deterioration review requirements. [Amended 9/20/16] (d) General Exemptions An Authority to Construct and Permit to Operat e shall be required for all new or modified facilities, equipment, proce sses, operations or indirect sources which may emit air contaminants with the following exceptions: (1) Any vehicle as defined in S ection 670 of the California Ve hicle Code, as of November 14, 2014. (2) Equipment utilized exclusively in connecti on with any structure, which structure is designed for and used exclusively as a dwelling for not more than four families. (3) Barbecue equipment that is not used for commercial purposes. (4) Orchard, vineyard or citrus grove heaters. (5) Any equipment used in agricultural operations in the growing of cr ops or the raising of fowl or animals, except that this exemption shall not apply to the following sources or equipment: (A) Agricultural sources that, in aggregate, pr oduce actual emissions equal to or greater than 50 tons of any regulated NSR pollu tant. For the purposes of determining permitting applicability, fugitive emissions, except fugitive dust emissions, are included in determining aggregate emissions (B) Diesel engines used in agricultural operat ions subject to the State Airborne Toxic Control Measure (ATCM) for Stati onary Compression Ignition Engines. (C) Agricultural sources subject to any state or federal regulations enforceable by the District. (6) Mixing, blending, conveying, or other mechan ical systems which do not, directly or indirectly, emit air contaminants. (7) Gasoline and organic liquid storage tanks having a capacity of le ss than 250 gallons. (8) Any article, machine, equipment or other contrivance that the Air Pollution Control Officer finds emits air contaminants in an am ount that is less th an 50% of the level specified in Rule 1-130(s2) as significant, is not subject to any federal regulation enforceable by the District, or any NSPS or NESHAP, and which the APCO determines should be exempt. A federal Operating (Title V) Permit shall be required for any source that is a Major Source as defined in District Regulation 5 (P rocedures for Issuing Permits to Operate for Sources Subject to Title V of the Federal Clean Air Act, including agricultural sources as defined in Section 39011.5 of the California H ealth and Safety Code, as of November 14, 2014No exemption from the requirements listed herein under Rule 1-200(d) for an Authority to Construct or Permit to Operate may be allo wed for any individual so urce that is subject to New Source Review in accordance with Rule 1-220(b). (e) Procedures Applications for an Authority to Construct or Permit to Operate (permit) shall be made and reviewed in accordance with the following procedures: (1) In order to be deemed complete, an applic ation for a permit shall include all information necessary to fully character ize the equipment, operation, emissions, and emissions impacts of the activity for which the permit is requested, and to determine compliance of such activity with all applicable requirements, and to assess applicable fees. To be deemed complete, the application shall also include payment of all fees assessed for review of said application. (2) Within 30 days of receipt of an applica tion for a permit, the APCO shall notify the applicant in writing if the application is not deemed complete, and sh all provide a list of information needed to complete the app lication, including assessment of fees, unless insufficient information has been submitted for the permit fees to be determined, in which case fees shall be assessed when the necessary information has been submitted by the applicant. [Amended 9/20/16]