AMAAPCD RULE 423 POWER PLANTS
LAST REVISED 11/11/11

Rule 423  Power Plants.  This Rule 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 Air Pollution
          Control Officer, pursuant to Section 25538 of the
          Public Resources Code, may apply for reimbursement of
          all costs, including lost fees, incurred in order to
          comply with the provisions of this Section.

     A.   Within fourteen days of receipt of an NOI, the Air
          Pollution Control Officer shall notify the Air
          Resources Board and the Energy Commission of the
          District's intent to participate in the NOI Proceeding. 
          If the Air Pollution Control Officer chooses to
          participate in the NOI proceeding, he shall prepare and
          submit a report to the Air Resources Board and the
          Energy 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:

          1.   A preliminary specific definition of best
               available control technology and where applicable,
               lowest achievable emission rate for the proposed
               facility;

          2.   A preliminary discussion of whether there is a
               substantial likelihood that the requirement of
               these Rules and Regulations can be satisfied by
               the proposed facility;

          3.   A preliminary list of conditions which the
               proposed facility must meet in order to comply
               with these Rules and Regulations.

          The preliminary determinations contained in the report
          shall be as specific as possible within the constraints
          of the information contained in the NOI.

     B.   Upon receipt of an Application of Certification (AFC)
          for a power plant, the Air Pollution Control Officer
          shall conduct a Determination of Compliance review. 
          This determination shall consist of a review identical
          to that which would be performed if an application for
          an Authority to Construct had been received for the
          power plant.  If the information contained in the AFC
          does not meet the requirements of Rule 403, the Air
          Pollution Control Officer shall, within 20 calendar
          days of receipt of the AFC, so inform the Energy
          Commission, and the AFC shall be considered incomplete
          and returned to the applicant for resubmittal.

     C.   The Air Pollution Control Officer shall consider the
          AFC to be equivalent to an application for an Authority
          to Construct during the Determination of Compliance
          review, and shall apply all provisions of this
          Regulation.

     D.   The Air Pollution Control Officer may request from the
          applicant any information necessary for the completion
          of the Determination of Compliance review.  If the Air
          Pollution Control Officer is unable to obtain the
          information, the Air Pollution Control Officer may
          petition the presiding Commissioner for an order
          directing the applicant to supply such information.

     E.   Within 180 days of accepting an AFC as complete, the
          Air Pollution Control Officer shall make a preliminary
          decision on:

          1.   Whether the proposed power plant meets the
               requirements of this Regulation and all other
               applicable District Rules; and

          2.   In the event of compliance, what permit conditions
               will be required, including the specific emission
               control requirements and a description of required
               emission offset measures.

     F.   The preliminary written decision made under Section E.
          above shall be treated as a preliminary decision under
          Rule 424.A., and shall be finalized by the Air
          Pollution Control Officer only after being subject to
          the notice and comment requirements of Rule 424..  The
          Air Pollution Control Officer shall not issue a
          Determination of Compliance unless all requirements of
          this Regulation are met.

     G.   Within 240 days of the filing date of the complete AFC,
          the Air Pollution Control Officer shall issue and
          submit to the Commission a Determination of Compliance
          or, if such a determination cannot be issued, shall so
          inform the Commission.  A Determination of Compliance
          shall confer the same rights and privileges as an
          Authority to Construct only when and if the Energy
          Commission approves the AFC, and the Energy Commission
          certificate includes all conditions of the
          Determination of Compliance.