Great Basin Unified APCD

Revised Rule 216

RULE 216. NEW SOURCE REVIEW REQUIREMENTS FOR DETERMINING IMPACT

ON AIR QUALITY SECONDARY SOURCES

ADOPTED 10/15/79, REVISED 7/7/05

A. GENERAL

1. A person shall not initiate, modify, construct or operate any secondary source which will

cause the emission of any manmade air pollutant for which there is a state or national

ambient air quality standard without first obtaining a permit from the Air Pollution Control

Officer.

2. The Air Pollution Control Officer shall deny a permit for any new secondary source or

modification which he determines will cause a violation or contribute to the continued

violation of any state or national ambient air quality standard.

B. EXEMPTIONS

1. The Air Pollution Control Officer may exempt from the provisions of this rule any new

secondary source or modification which includes:

a. Vehicular parking facilities without dust retardant agents and which have a parking

capacity of less than 50 vehicles.

b. Unpaved roads having less than 100 vehicle trip-ends in any one hour period, or

less than 300 vehicle trip-ends in an eight hour period per a 20 mile continuous road

length.

c. Unpaved runways and airports having less than 60 operations per month.

→ d. Agricultural operations specifically necessary for the direct growing of crops or the

raising of fowl or animals.

e. Other secondary sources deemed by the Air Pollution Control Officer that emit

insignificant amounts of air contaminants.

C. APPLICATIONS

1. Before granting or denying a permit for any new secondary source or modification, subject to

the requirements of this rule, the Air Pollution Control Officer shall:

a. Require the applicant to submit information sufficient to describe the nature and

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

secondary source; and to submit any additional information required by the Air

Pollution Control Officer to make the analysis.

b. Require the applicant to submit the projected expansion plans for the secondary

source for the ten-year period subsequent to the date of application for the permit.

c. Analyze the effect of the new secondary source or modification on air quality. Such

analysis shall consider expected air contaminant emissions and air quality in the

vicinity of the new secondary source or modification, within the Air Basin and within
Great Basin Unified APCD

Revised Rule 216

adjoining air basins at the time the secondary source or modification is proposed to

commence operation.

d. Make available for public inspection at the Air Pollution Control District office, the

information submitted by the applicant, the Air Pollution Control Officer's analysis of

the effect on air quality, and the preliminary decision to grant or deny the permit.

e. 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 in subparagraph (d) of this paragraph. The notice shall provide 30 days,

beginning on the date of publication, for the public to submit comments on the

application.

f. Forward copies of the notice required in sub-paragraph (e) of this paragraph to the

U.S. Environmental Protection Agency, the California Air Resources Board, all

counties within the air basin and all adjoining Air Pollution Control Districts in other

air basins.

g. Consider public comments submitted.

D. CONDITIONAL APPROVAL

The Air Pollution Control Officer shall impose conditions on the permit as he deems necessary to

ensure the secondary source or modification will be operated in such a manner assumed in making

the analysis required by this rule.

E. EFFECTIVE DATE

This rule shall become effective upon adoption. All new secondary sources or modifications pending

on the date of adoption of this rule are subject to its provisions.

F. DEFINITIONS

1. "Secondary Source" includes any structure, building, facility, equipment, installation or

operation (or aggregation thereof) which is located on one or more bordering properties

within the District and which is owned, operated or under shared entitlement to use by the

same person.

2. "Manmade air pollutant" means air pollution which results directly or indirectly from human

activities.

3. "Modification" means any physical change in, change in method of, or addition to an existing

secondary source, except that routine maintenance or repair shall not be considered to be a

physical change.

G. SEVERABILITY

If any portion of this rule is found to be unenforceable, such finding shall have no effect on the

enforceability of the remaining portions of the rule which shall continue to be in full force and effect.
RULE 405. EXCEPTIONS

ADOPTED 9/05/74 REVISED 3/10/76, 5/08/96, 11/07/01, 7/7/05

Rules 400, 404-A and 404-B do not apply to:

A. Fire set by or permitted by a public officer if such fire is set or permission given in the

performance of an official duty of such officer, and such fire, in the opinion of such officer, is

necessary:

1. For the purpose of the prevention of a fire hazard which cannot be abated by other

means, or

2. The instruction of public employees in the methods of fighting fire.

B. Fires set pursuant to a permit on property used for industrial purposes for the purpose of

instruction of employees in methods of fighting fire.

C. Agricultural operations necessary in the growing of crops or raising of fowls or animals, or

D. The use of an orchard, field crop, or citrus grove heater which does not produce unconsumed,

solid carbonaceous matter at a rate in excess of that allowed by State law.

E. The use of other equipment in agricultural operations necessary in the growing of crops, or

raising of fowls, or animals.

F. The treatment of waste propellants, explosives and pyrotechnics (PEP) in open burn/open

detonation operations on military bases for operations approved in accordance with a burn plan

as required in Rule 432.

G. Burning of materials for the purpose of creating special effects during production of commercial or

educational films, videos or photographs.

H. Disposal of contraband (confiscated controlled substances) by burning.

I. Recreational or ceremonial fires contained in a fireplace, barbeque, or fire pit.

J. A fire set for the purpose of eliminating a public health hazard that cannot be abated by any other

practical means.

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