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AIR DISTRICTS (APCD
OR AQMD)
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Authority to
Construct
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I.
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Who needs an Authority to Construct? |
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Any
person or oganization proposing to construct, modify, or operate a
facility or equipment that may emit pollutants from
a stationary source into the atmosphere must first obtain an
Authority to Construct from the county or regional air pollution
control district (APCD) or air quality management district (AQMD). Air
districts issue permits and monitor new and modified sources of air
pollutants to ensure compliance with national, state, and local
emission standards and to ensure that emissions from such
sources will not interfere with the attainment and maintenance of
ambient air quality standards adopted by the
California Air Resources Board (CARB) and the U.S. Environmental
Protection Agency. |
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Each
air district determines which emission sources and levels have an
insignificant impact on air quality and, therefore, are exempt
from permit requirements. Examples of activities that may be exempt
from the permit requirements include: |
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A.
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Combustion
Equipment Less Than 2 Million Btu / Hr. Fired on
Natural Gas / Liquefied Petroleum Gas |
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B.
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Stationary
Piston-Type Internal Combustion Engines with
50 Brake-Horsepower or Less, and |
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C.
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Incinerators
Used in Residential Dwellings for Not More Than
Four Families. |
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Many
projects also require a Prevention of Significant Deterioration (PSD)
permit from the U.S. Environmental Protection
Agency (U.S. EPA). The U.S. EPA requires
this permit on a pollutant-by-pollutant basis when
two conditions exist: |
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A.
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The
project's emissions may exceed 100 tons per year for certain industrial
activities and 250 tons per
year for other industrial activities; and |
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B.
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The
project is in an area where the ambient air quality standard is not
being exceeded for the pollutant
that the proposed project will emit. |
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The
types of pollutants that do not exceed ambient air quality standards
vary from district to district. Developer-applicants
should contact U.S. EPA, Region IX, in San Francisco to
determine whether their project requires a PSD permit. Because
a project may emit several types of pollutants,
developer-applicants may need both a PSD permit from U.S. EPA
and an Authority to Construct from the local Air District. The number
of the New Source Section is (415) 744-1254. |
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II.
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Where
should the Developer-Applicant apply? |
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Developer-Applicants
should direct inquiries and applications to the appropriate county or regional APCD / AQMD. |
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III.
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What
information should the Developer-Applicant provide upon applications? |
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Each
air district uses its own application form for the Authority to
Construct permit, generally requesting the following information: |
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A.
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Description
of the business and industrial process, including the types of all
material used and the
products manufactured, as well as wastes generated. This
description should also include the type of
air pollution control equipment by design, size, or its anticipated
degree of control. Applicants should
also describe the types of fuels to be used, their rates of
use, and the sulfur and nitrogen content of
the fuels. |
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B.
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Detailed
description of the equipment to be used, including the size and type
for the entire unit or
major part of each unit. This description should
include all auxillary equipment and the location, size,
and shape of all features which may influence the
production, collection, or control of air contaminants.
If the equipment uses burners, the description should
specificy the type, size, and maximum capacity
of each burner. |
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C.
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Identification
Numbers of Existing Air District Permits, If Any |
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D.
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Operating
Schedule for Emission Sources by Hours Per Day, Days Per Week and Weeks
Per Year
Including Preventive Maintenance Schedules, and |
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E.
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Description
of how the developer-applicant intends to comply with
the requirements of the California
Environmental Quality Act (CEQA). Typically, a final
Environmental Impact Report (EIR) is needed
before the air district can determine application
completeness. |
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IV.
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What
application fee must the Developer-Applicant submit? |
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Each
air district sets its own filing fees for the Authority to Construct
application. Applicants may expect to pay from $100.00
to $20,000.00 in major metropolitan areas. Air districts also
charge a permit fee, generally greater than the filing fee,
based on the size of the project. |
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V.
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How
does the air district evaluate and process the application? |
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Criteria for Evaluation. The California Air Resources
Board and the U.S. Environmental Protection Agency have
established standards based on public health considerations which
govern the quality of the surrounding atmosphere, known as ambient air
quality standards. |
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Emission
limits for specific types of equipment have been established in order
to assure that ambient standards are attained and maintained. In
addition to emission limits and ambient air quality standards, air
districts have adopted what are commonly known as New Source
Review Rules (See Appendix F for District New Source Review
Requirements for Best Available Control Technology and Offsets). Some
districts regulate toxic air contaminants (for which there are
no ambient standards) in order to prevent endangerment of the public
health. Applicants may be required to provide information,
risk assessments, and control methods for these pollutants
in such districts. |
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New
Source Review Rules regulate new or modified sources which emit or have
the potential to emit any pollutant, or precursor to such
pollutant, for which there is a state or national ambient air quality
standard. Standards exist for sulfur dioxide, nitrogen
dioxide, ozone particulate matter smaller than 10 microns, and carbon
monoxide, among others. There are two major requirements in
each district New Source Review Rule: Best Available Control
Technology (BACT) and offsets. Many air districts require BACT and
offsets for any increase in emissions from a new or modified
stationary source, as opposed to a mobile source.
Others have established emission thresholds which trigger BACT and
offset requirements when emission increases from new or modified
sources exceed these thresholds. |
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In
areas where the ambient air quality standards are not being violated,
an air district may determine whether additional emissions would cause
a violation. The developer-applicant must reduce the emissions to a
level where no violation would occur. |
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A
new or modified stationary source which triggers district offset
requirements must reduce emissions from the same or
other existing stationary source to mitigate the effect of new
or increased emissions on ambient air quality. The amount
of offsets required is dependent upon the distance between the
source of offsets and the new or modified source. Offset distance
ratios range from 1:1 for reductions occurring within the same
stationary source to 3:1 and higher for reductions occurring 50 miles
or more and within the same air basin from the new or modified source.
For example, an applicant proposing a new or modified source
producing 1,000 pounds of pollutants per day with the use of
BACT would be required to obtain reductions totaling
1,200 (1.2:1 offsets ratio for source within 15 miles) pounds
of pollutants per day from other existing sources. |
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If
an applicant obtains emission offsets outside the areas described
above, or if one type of pollutant is offset against another type, the
applicant must show through modeling that these offsets will result in
a net benefit to air quality. Modeling combines the emission rates from
the facility with identified meteorological conditions to indicate the
point of maximum concentration at ground level. The
emission reduction from these offsets must improve the air quality in
the area affected by the emissions from the source. |
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If
developer-applicants reduce emissions below actual emission levels
allowed by the local air district, they may in some
cases "bank" the reduction in actual emissions for use as
offsets for future projects. Emissions banked in this manner
can be used as offsets by the developer-applicant or
sold, in whole or part, to other sources seeking offsets. |
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Procedures. Each air district has adopted
specific procedures for evaluating permit applications. In general, the
local air district staff first reviewed the
application to determine whether it contains complete and accurate
information. If not, the staff returns it to the
developer-applicant specifying what additional information must be
provided. When the air district accepts the application as complete,
the staff evaluates it for conformance with the New Source Review Rule,
district, state and national emissions limitations, and
national and state ambient air quality standards. |
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The
staff calculates the emissions from the new source and any offsetting
source using the maximum design capacity of the new
source and the actual operating conditions averaged over three years
preceding the date of the application to determing the
existing source's emissions. The air district requires applicants to
calculate maximum expected quarterly emissions from the new source. For
modified sources, the air districts compare the emissions of the
proposed source after modification to the emissions of the
existing source to determine the net increases. The
air district credits all banked reductions in emissions
associated with the existing source to the new source and determines
the net increase in emissions from the modifications. |
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In
addition to evaluating criteria pollutant emissions from the proposed
source, the air districts will also evaluate whether
there exists potential to emit non-criteria pollutant
emissions or toxic air contaminants from the proposed facility. |
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The
air districts' evaluation of non-criteria pollutants will include
estimating the amount and composition of identifiable toxic compound
emissions that originate from the source. These estimates are used to
predict public exposure to specified toxic compounds. When these
predictions are used along with population density and health data,
they can serve as the basis
for an assessment of risk to public health. The
determination of what is an acceptable public health risk from exposure
to non-criteria air pollutants is normally made at the local government
level. |
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In
addition to air districts' evaluation of non-criteria pollutants, the
ARB has established a process under state law
for identifying toxic air contaminants and developing
control measures. Toxic air contaminant regulations developed
pursuant to this process are adopted and enforced by
air districts. These regulations must be as effective as control
measures developed by the ARB. |
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After
completing the evaluation, the air pollution control officer (APCO)
decides whether to approve, conditionally approve,
or disapprove an Authority to Construct. The APCO writes a
preliminary decision and publishes a notice providing 30 days
for the ARB, the U.S. EPA, and the public to submit written
comments about the preliminary decision. The APCO must
consider all written comments and make a final decision within
180 days after accepting an application as complete. |
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The
air district may take about four to six months to review an application
for an Authority to Construct. |
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Appeals. If the APCO denies an
Authority to Contruct, the applicant may appeal the decision within 10
days of the denial notice to the district's Hearing Board. The
applicant must file a petition with the Hearing Board
and submit a fee. The petition usually includes: |
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A.
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Petitioner's
Name, Address and Telephone Number |
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B.
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Petitioner's
Name, Address and Telephone Number |
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C.
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Type
of Business or Activity Involved in the Application |
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D.
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Brief
Description of the Article, Machine or Equipment Involved in the
Application and |
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E.
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Reasons
for the Denial and the Appeal. |
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The
Hearing Board conducts a public hearing at which the applicant, air
district staff, and the general public may present testimony. The
Hearing Board must reach a decision within 30 days of receipt of the
appeal, unless the applicant and the air district agree to
additional time. |
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The
Hearing Board mails a copy of its decision to the applicant, the air
district, and all persons who testified at the public hearing.
The decision contains a brief statement of facts found by the Board to
be true, the Board's determination of the issues involved, and
its order. This decision generally becomes effective 30 days after the
Board mails the copies to the parties listed above. |
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VI.
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What
are the Developer-Applicant's rights and responsibilities after the
permit is granted? |
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Rights. The developer-applicant may
begin the approved construction or modification according to the terms
and
conditions of the Authority to Construct. The permit remains valid for
a specified period. The air district may, under
certain conditions, extend the deadline if construction is not complete.
Responsibilities. The developer-applicant may
not transfer the Authority to Construct to another party. The
developer-applicant must comply with all conditions included in the
permit. Developer-applicants may also be
required to ensure that Permits to Operate, which are held by
a source which is being used as an offset, are kept
in compliance. |
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VII.
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What Are the Air District's Rights and
Responsibilities After the Permit is Granted? |
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Rights. The air district may, after
holding a public hearing, revoke an Authority to Construct permit if it
finds the developer-applicant has violated any district rules,
regulations, or permit conditions. |
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Responsibilities. The air districts are
responsible for ensuring that ambient air quality standards are
attained and maintained in their respective air
basins. |
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VIII.
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What
other agencies should the Developer-Applicant contact? |
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The
developer-applicant should consider whether the agencies listed below
must issue permits for the proposed project: |
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A.
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Local - City, County or
Special District |
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B.
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State - Coastal Commission |
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Department
of Conservation
Division of Oil and Gas
Department of Fish and Game
Department of Forestry
The Reclamation Board
Regional Water Quality Control Board
San Francisco Bay Conservation and Development Commission
Integrated Waste Management Board
State Lands Commission
State Water Resources Control Board
Tahoe Regional Planning Agency
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C.
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Federal
- United States Army
Corps of Engineers |
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United
States Environmental Protection Agency
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(Note: See Appendix F for Telephone
Numbers and Appendix G for Internet addresses.) |
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IX.
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What
other sources of information are available to the Developer-Applicant? |
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The
developer-applicant may refer to the publications listed below for
further information about the Authority to Construct: |
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A.
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Rules and Regulations / Permit Applications, Published by Each Air District |
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B.
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Clean Air Act (42 U.S.C. 1857 et seq.) |
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C.
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Code of Federal Regulations, Review of New Sources and
Modifications, 40 CFR 51.18 |
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D.
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Code of Federal Regulations, Emission Offset
Interpretative Ruling, 40 CFR, Part 51, Appendix S |
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E.
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Code of Federal Regulations, Prevention of Significant
Deterioration, 40 CFR 51.24 |
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F.
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California Air Pollution Control Laws, Published Annually by the Air
Resources Board |
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G.
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Clean Air Act Amendments of 1990 (42 U.S.C. 7401 et seq.) |
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These
publications are generally available at air district offices, county or
state law libraries, or the California Air Resources Board,
P.O. Box 2815, Sacramento, California 95812. |
