RULE 220 - NEW SOURCE REVIEW STANDARDS (INCLUDING PSD 

EVALUATIONS)

(a) Emission Analysis

In reviewing an Authority to Construct for any new or 

modified stationary source subject to the requirements of 

Chapter II, the Control Officer shall require the applicant to 

submit information sufficient to describe the nature and amounts 

of emissions; the location, design, construction, and operation 

of the source; and to submit any additional information 

requested by the Control Officer to make any preliminary 

determinations as required by Rule 200(c) and the approval 

determinations required by the provisions of Rule 230.

For the purposes of emission considerations:

(1) Emissions from a proposed new or modified stationary 

source shall be based on the source's potential to emit. 

(Ref: 52.21(b)(4))

(2) Emissions from a proposed modified stationary source 

shall be based upon the cumulative net emission increase as 

defined in Rule 130(n1), and considering any limitations 

enforceable in Authority to Construct and Permit to Operate 

conditions, excluding any emission reductions required to 

comply with federal, state, or district laws, rules, or 

regulations. (Ref: 52.21(b)(2&3)as incorporated into Rule 

130)

(3) Actual emissions from an existing stationary or 

previously permitted source shall be based on the actual 

rate of air contaminant emissions during the two year 

period of operation prior to the date of application. A 

different averaging period may be used if the applicant 

demonstrates to the satisfaction of the Control Officer 

that it would be more representative of normal source 

operation. (Ref: 52.21(b)(3&21) as incorporated into Rule 

130))

(b) New Source Review Procedure

In reviewing an Authority to Construct for any new or 

modified stationary source which is subject to Rules 490 or 492; 

or for any new or modified stationary source which the Control

Officer estimates will result in a net emissions increase of any 

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pollutant which exceeds the significant emission rates as

specified in Rule 130(s2), the Control Officer shall:

(1) Determine best available control technology (BACT) for 

each increase of a pollutant which exceeds the significant 

emission rates specified in Rule 130(s2) and so inform the 

applicant. (Ref: 52.21(b)(12))

(2) Analyze the effect of the new or modified stationary 

source on air quality for each increase of a pollutant for 

which exceeds the significant emission rates specified in 

Rule 130(s2).(Ref: 52.21(m))

(3) Determine that the degree of emission limitation 

required for control of any air pollutant is affected in 

any manner by-

(i) So much of the stack height of any source as 

exceeds good engineering practice, or 

(ii) Any other dispersion technique. 

(4) Prepare or cause to be prepared an air quality analysis

that includes all of the following:

(i) Continuous air monitoring, consistent with 40 CFR 

52.21(m), that establishes ambient conditions for 

each pollutant that it would have the potential to 

emit in a significant amount as specified in 

Regulation 1, Rule 130 (s2);

(ii) Assessment of the effect of increased emissions of 

air contaminants on the PSD increments;

(iii)The expected net increase above baseline 

concentration;

(iv) The expected impacts on air quality related values 

in any Class I area, for any proposed new major 

stationary source or major modification as defined 

in Rule 130, including any associated vessel 

emissions; and

(v) The impairment to visibility, soils and vegetation

(except vegetation having no commercial or 

recreational value), and the impact projected for 

the area as a result of general commercial, 

residential, industrial, and other growth 

associated with the source or modification. The 

Control Officer may accept an analysis conducted 

pursuant to Regulation 1, Rule 210 if it adequately 

addresses these impairments and impacts.

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(5) Publish a notice by prominent advertisement in at least 

one newspaper of general circulation in the District 

stating where the public may inspect the information 

required by this Rule. The notice shall include the 

preliminary determination; present the expected additional 

and cumulative increment consumption; provide opportunity 

for a public hearing; and allow 30 days beginning on the 

date of publication, for the public to submit written 

comments on the proposed Authority to Construct.

(6) Make available for public inspection at the District 

office, the information submitted by the applicant, the 

analysis of the effect of the source on air quality, and 

the preliminary decision to grant or deny the Authority to 

Construct.

(7) On the date of publication forward copies of the notice

required in paragraph (5) to the Environmental Protection 

Agency, the California Air Resources Board, all Air 

Pollution Control and Air Quality Management Districts in 

the air basin or adjoining the District in other air 

basins, and any federal land managers of a Class I area 

which may experience a significant air quality impact or is 

within 100 kilometers.

(8) Hold a public hearing on the project in the event of an 

air quality controversy and consider all public comments 

submitted prior to the granting or denial of the Authority 

to Construct.

(9) Transmit copies of the application and notice of each 

action affecting the application to EPA. Also transmit 

copies of the application and notice of action to the 

federal land managers of any affected Class I areas and 

allow the managers of the affected Class I areas to provide 

a demonstration of adverse impacts.

(10) All comments and the final determination on the 

application shall be available for public inspection.

(c) Power Plant Review Procedures

This section shall apply to all power plants proposed to be 

constructed in the District and for which a Notice of Intention 

(NOI) or Application for Certification (AFC) has been accepted 

by the California Energy Commission. The Control Officer, 

pursuant to Section 25538 of the Public Resources Code, may 

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apply for reimbursement of all costs, which may include lost 

fees, incurred in.

(1) Within fourteen days of receipt of an NOI, the Control 

Officer shall notify the ARB and the Commission of the 

District's intent to participate in the NOI proceeding. If 

the District chooses to participate in the NOI proceeding, 

the Control Officer shall prepare and submit a report to 

the ARB and the Commission prior to the conclusion of the 

nonadjudicatory hearings specified in Section 25509.5 of 

the Public Resources Code. That report shall include, at a 

minimum:

(i) a preliminary determination of the need for and a 

specific definition of best available control 

technology (BACT) for the proposed facility;

(ii) a preliminary discussion of whether there is 

substantial likelihood that the requirements of Rule 

230(a) and all other District regulations can be 

satisfied by the proposed facility;

(iii) a preliminary list of conditions which the 

proposed facility must meet in order to comply with 

Rule 230(a) or any other applicable district 

regulation.

The preliminary determinations contained in the report 

shall be specific as possible within the constraints of the 

information contained in the NOI.

(2) Upon receipt of an Application for Certification (AFC) 

for a power plant, the Control Officer shall conduct a 

Determination of Compliance review in accordance with the 

procedures of Rule 220. If the information contained in 

the AFC does not meet the requirements of Rule 200(b), the 

Control Officer shall, within 20 calendar days of receipt 

of the AFC, so inform the Commission, and the AFC shall be 

considered incomplete and returned to the applicant for 

resubmittal.

(3) The Control Officer shall consider the AFC to be 

equivalent to an application for an Authority to Construct 

during the Determination of Compliance review.

(4) The Control Officer may request from the applicant any 

information necessary for the completion of the 

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Determination of Compliance review. If the Control Officer 

is unable to obtain the information, he may petition the 

presiding Commissioner for an order directing the applicant 

to supply such information.

(5) Within 180 days of accepting an AFC as complete, the 

Control Officer shall make a preliminary decision on:

(i) whether the proposed power plant meets the 

requirements of Rule 230(a) and all other applicable 

district regulations; and 

(ii) in the event of compliance, what permit 

conditions will be required including specific BACT 

requirements and a description of required mitigation 

measures; and

(iii) complete the new source review requirements of 

Rule 230.

(6) Within 240 days of the filing date, the Control Officer 

shall submit to the Commission a Determination of 

Compliance, or if such a determination cannot be issued, 

shall so inform the Commission as to the reason for 

noncompliance.

(7) Any applicant receiving a certificate from the 

Commission pursuant to this section and in compliance with 

all conditions of the certificate shall be issued a Permit 

to Operate by the Control Officer.

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