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 Clean 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 construction, modification, operation 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 integrated system or process. An Authority to 

Construct shall remain in effect for one (1) year or until a Permit to Operate is issued or 

denied, or the application is canceled at the request of the applicant, whichever occurs first. If 

the Authority to Construct expires prior to issuance of a Permit to Operate, the authorization 

may be extended for up to one (1) year if the 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 Construct, Modify, Replace, Operate or Use any 

equipment, indirect source or to conduct large grading operations as required by Rule 1-

200(a), , shall be filed at the office of the District 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 complete application as specified in Rule 1-200(e). 

Upon request of the Air Pollution Control Officer, any existing stationary, portable, or 

indirect source of air contaminant emissions, actual 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 subject to the requirements of Regulation 1. 

(2) Whether the project application is ministerial, categorically exempt, statutorily exempt, 

or subject to an environmental evaluation in accordance with the requirements of the 

California Environmental Quality. 

(3) Whether the project application 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 subject to national emission standards for 

Hazardous Air Pollutants (Rule 1-492). 

(6) Whether the project is classified as a major 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 Operate shall be required for all new or modified 

facilities, equipment, processes, operations or indirect sources which may emit air 

contaminants with the following exceptions: 

(1) Any vehicle as defined in Section 670 of the California Vehicle Code, as of November 

14, 2014. 

(2) Equipment utilized exclusively in connection 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 crops 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, produce actual emissions equal to or greater 

than 50 tons of any regulated NSR pollutant. 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 operations subject to the State Airborne Toxic 

Control Measure (ATCM) for Stationary Compression Ignition Engines. 

(C) Agricultural sources subject to any state or federal regulations enforceable by the 

District. 

(6) Mixing, blending, conveying, or other mechanical systems which do not, directly or 

indirectly, emit air contaminants. 

(7) Gasoline and organic liquid storage tanks having a capacity of less than 250 gallons. 

(8) Any article, machine, equipment or other contrivance that the Air Pollution Control 

Officer finds emits air contaminants in an amount that is less than 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 (Procedures 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 Health and Safety Code, as of November 14, 

2014 
No exemption from the requirements listed herein under Rule 1-200(d) for an Authority 

to Construct or Permit to Operate may be allowed for any individual source 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 application for a permit shall include all information 

necessary to fully characterize 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 application for a permit, the APCO shall notify the 

applicant in writing if the application is not deemed complete, and shall provide a list of 

information needed to complete the application, 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]