Adopted Oct. 5, 1979)(Amended Sept. 10, 1982)(Amended July 12, 1985)
(Amended August 1, 1986)(Amended June 28, 1990)
(Amended December 7, 1995)

(a) Completeness of Application

The Executive Officer or designee shall determine whether or not the application is complete and shall notify the applicant in writing not later than 30 calendar days after receipt of the application, or after such longer time as both the applicant and the Executive Officer or designee may agree. If the application is determined to be incomplete, the determination shall specify which parts of the application are incomplete and how they can be made complete. Upon receipt by the Executive Officer or designee of any resubmittal of the application, a new 30-day period, in which the Executive Officer or designee must determine completeness, shall begin. Completeness of an application or resubmitted application shall be evaluated on the basis of the guidelines for such, published by the Executive Officer or designee.

(b) Reporting and Rule Modifications

By February 1997, and annually thereafter, the Executive Officer or designee shall report to the District Governing Board regarding the effectiveness of Regulation XIII in meeting the state and federal NSR requirements.

(c) Requirements for Public Notice

For those sources requesting emission reduction credits in excess of the amounts specified below:

following acceptance of an application as complete, the Executive Officer or designee shall:

  1. Perform the evaluations required to determine compliance with this regulation and make a preliminary written decision, as appropriate, as to whether or not an ERC should be approved or disapproved. The decision shall be supported by a succinct written analysis; and
  2. Within ten calendar days following such decision, publish a notice by prominent advertisement in at least one newspaper of general circulation in the District stating the preliminary decision of the Executive Officer or designee and where the public may inspect the information required to be made available under paragraph (c)(3). The notice shall provide 30 days from the date of publication for the public to submit written comments on the preliminary decision; and
  3. At the time notice of the preliminary decision is published, make available for public inspection at the District office the information submitted by the applicant, the supporting analysis for the preliminary decision, and the preliminary decision to grant or deny an ERC and the reasons therefore. The confidentiality of trade secrets shall be considered in accordance with Section 6254.7 of the Government Code.