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## MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT

STAFF REPORT Proposed Revisions to Rule 203 (Application) Rule 210 (Denial of Applications) Rule 211 (Appeals) Rule 212 (Public Availability of Emission Data) Rule 216 (Permit Requirements for Wastewater Treatment Facilities) Rule 217 (Annual Review of Permits)

Board Adoption Hearing October 16, 2002

Prepared by: Mike Sewell Air Quality Engineer Approved by: Lance Ericksen Manager, Engineering Division

### 7 Background The staff proposal to revise District Rules 203 (Application), 210 (Denial of Applications), 211 (Appeals), 212 (Public Availability of Emission Data), 216 (Permit Requirements for Wastewater and Sewage Treatment Facilities), and 217 (Annual Review of Permits) are part of the District’s continuing efforts to improve the readability and consistency of its Rules and Regulations.
Authority The District is authorized by the California Health and Safety (HSC) Code Sections 40001 and 40702 to adopt and enforce rules and regulations to meet and maintain state and federal ambient air quality standards.

Associated Benefits The proposed revisions would improv e the clarity, consistency and readability of Rules 203 (Application), 210 (Denial of Applications), 211 (Appeals), 212 (Public Availability of Emission Data), 216 (Permit Requirements for Wastewater and Se wage Treatment Facilities), and 217 (Annual Review of Permits).
Major Proposed Provisions To facilitate the interpretation of the proposed revisions to Rules 203, 210, 211, 212, 216, and 217 provided as Appendix A to this report, the text proposed to be deleted is indica ted with overstriking (overstriking ) and the text proposed to be added is indicated with redlining ( redlining)

. The major revisions would incorporate existing State law provisions into Rules 211 and 217. Rule 203 (Application) • Section 1.5: update name of Rule 206 and remove reference to Rule 208 which was previously repealed and incorporated into Rule 206. • Section 3.1: remove reference to Rule 208. Rule 210 (Denial of Applications) • Reformat the rule into the Distr ict’s current format, adding text as necessary. • Section 3.1: revise requirement such that notification of permit denial is made via certified mail. Rule 211 (Appeals) • Subsection 1.5.2: remove reference to Rule 208 and update to Rule 206, and add reference to Rule 210. • Sections 3.1 & 3.2: revise the appeals period from 10 days to 30 days as specified in amended Health and Safety Code Sections

### 8 42302 and 42302.1. Rule 212 (Public Availability of Emission Data) • Reformat the rule into the Distr ict’s current format, adding text as necessary. • Part 2: add definitions for Public Records, Stationary Source, and Trade Secrets

. Rule 216 (Permit Requirements for Wastewater and Sewage Treatment Facilities) • Reformat the rule into the Distr ict’s current format, adding text as necessary. • Section 2.4: add definition for Population Projections

. • Section 3.2: change permit to an Authority to Construct or a Permit to Operate

. • Subsection 3.2.4: remove definition of and reference Population Projections

. • Remove redundant requirements. • Remove outdated public noticing requirements. Rule 217 (Annual Review of Permits) • Reformat the rule into the Distr ict’s current format, adding text as necessary. • Section 1.1: update the Health and Safety Code reference to 42301(e). • Section 1.2: remove redundant language. • Subsection 3.1.1: remove outdated implementation language from initial rule adoption in 1990. • Subsection 3.2.3: allow for an alternative anniversary date on a revised permit at the request of the permit holder. • Subsection 3.2.6: correctly identif y the Rule 300 section relative to Revising Permit Terms or Conditions

. • Subsection 4.1.1: update the reference and revise the appeal period from 10 to 30 days as specified in Health and Safety Code Section 42302.
Affected Sources The proposed revisions to Rules 203, 210, 211, 212, 216, and 217 would not affect existing permitted sources.

Fiscal Impact On Affected Sources No fiscal impact is expected on existing permitted sources from Rules 203, 210, 211, 212, and 217. The proposed revisions to Rule 216 would reduce the permitting cost on Wastewater and Sewage Treatment Facilities by eliminati ng the public noticing requirement.

### 9 Socioeconomic Effects The proposed regulatory action described herein will notsignificantly affect air quality or emissions limitations and therefore is exempt from Health and Safety Code (HSC) Section 40728.5, which requires that a socioeconomic analysis of the proposed action be performed.

Alternative Analysis The proposed regulatory action de scribed herein is exempt from California Health and Safety Code (HSC) Section 40727.2, which requires that a comparative alter native analysis of any new control standard be performed.

District Implementation As part of the District’s standard im plementation procedures, we would send a rule adoption announcement to interested parties. If requested, an informational workshop will be held at the District office following rule adoption to provide information and assistance to persons with additional questions.
Fiscal Impact upon District District staff expects no fiscal impact upon the District from the proposed revisions to these rules.

California Environmental Quality Act (CEQA) Status The proposed revisions to Rules 203, 210, 211, 212, 216, and 217 are ministerial, and therefore not subject to the requirements of Public Resources Code Section 21000 et seq

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Comments Received A September 10, 2002 “No Comment” letter from the California Air Resources Board provided as Appendix B to this report.