5

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 improve 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 Sewage 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 indicated 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Rule 208 which was previously repealed and incorporated into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 District’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 District’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 District’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 District’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 identify 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 eliminating the public noticing requirement. 
9

Socioeconomic

Effects

The proposed regulatory action described herein will not significantly

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 described herein is exempt from

California Health and Safety Code (HSC) Section 40727.2, which

requires that a comparative alternative analysis of any new control

standard be performed.

District

Implementation

As part of the District’s standard implementation 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.

Comments

Received

A September 10, 2002 “No Comment” letter from the California Air

Resources Board provided as Appendix B to this report.