RULE 216. New Source Review Requirements for Determining

Impact on Air Quality Secondary Sources

Adopted 10/15/79

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 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.