AMAAPCD RULE 424 AUTHORITY TO CONSTRUCT DECISION
LAST REVISED 11/11/11

Rule 424  Authority to Construct Decision.

     A.   The Air Pollution Control Officer shall issue a
          preliminary decision on whether the Authority to
          Construct should be approved, approved with conditions,
          or disapproved no later than one year after an
          application has been deemed complete by the Air
          Pollution Control Officer.  The preliminary decision,
          together with a copy of all materials the applicant
          submitted and a copy or summary of all other materials,
          if any, considered in making the preliminary decision,
          shall be made available in at least one location in the
          District for public inspection.  The Air Pollution
          Control Officer may exempt from the provisions of this
          Section any source with the potential to emit less than
          100 tons per year of each criteria pollutant or
          precursor.

     B.   Within ten (10) calendar days following the preliminary
          decision in the case of an Authority to Construct for a
          facility or modification with the potential to emit 100
          tons per year or more of any criteria pollutant or
          precursor, the Air Pollution Control Officer shall
          publish a notice in at least one newspaper of general
          circulation in the District stating the preliminary
          decision and where the public may inspect the
          information required to be available in Section A.
          above.  The notice shall provide 30 days from the date
          of publication for the public to submit written
          comments on the preliminary decision.  For a major
          facility or major modification of attainment pollutants
          or precursors, the notice shall include (1) the degree
          of increment consumption that is expected from the
          facility or modification, and (2) the date and place of
          a public hearing to accept public comment on the
          preliminary decision.

     C.   The Air Pollution Control Officer shall send copies of
          any notice of preliminary decision to the applicant,
          the Air Resources Board, the Environmental Protection
          Agency, and to any appropriate Federal Land Manager and
          Air Pollution Control District affected by emissions
          from the proposed source or modification.

     D.   The Air Pollution Control Officer shall consider all
          written comments submitted within a time specified in
          the notice of public comment and all comments received
          at any public hearing in making a final decision on the
          approvability of the application.  Such comments shall
          be made available for public inspection in the same
          location as available application information relating
          to the proposed facility or modification are located.

     E.   The Air Pollution Control Officer shall make a final
          decision as to whether an Authority to Construct should
          be approved with conditions or disapproved.  Such
          decision shall be transmitted to the applicant and made
          available for public inspection.  If the application is
          denied, the Air Pollution Control Officer shall not
          accept a further application unless the application has
          complied with the objections or deficiencies specified
          by the Air Pollution Control Officer as reasons for
          denial of the Authority to Construct.

     F.   Within ten (10) days after notice by the Air Pollution
          Control Officer of a denial or conditional approval of
          an Authority to Construct, the applicant may petition
          the Hearing Board, in writing, for public hearing.  The
          Hearing Board, after notice and public hearing held
          within 30 days after filing the petition, may sustain
          or reverse the action of the Air Pollution Control
          Officer, provided that in reversing an action the
          Hearing Board shall make the finding that the action of
          the Air Pollution Control Officer was not proper.  Such
          orders of the Hearing Board may be made subject to
          specified conditions.