KERAPCD RULE 208-2 MINISTERIAL PERMIT REVIEWS (CA Environmental Quality Act
LAST REVISED 09/07/95




RULE 208.2 Ministerial Permit Review (California Environmental Quality Act): Adopted 9/7/95

I. "Ministerial" Permit Reviews

"Ministerial" permit reviews under the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, California Code of Regulations, Title 14, Section 153689, are decisions by the Air Pollution Control Officer involving little or no personal judgment as to the wisdom or manner of carrying out the project. The Air Pollution Control Officer merely evaluates the project against the fixed standards represented by the Rules and Regulations of the Kern County Air Pollution Control District and any applicable state and/or federal laws and regulations. With these projects, the officer of agency must act upon the given facts without regard to his own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance, or regulation may require, in some degree, a construction of its language by the Air Pollution Control Officer, and the use of technical and engineering skills to determine whether the project would comply with the fixed standards. It does not require, however, personal, subjective judgment on the part of the Air Pollution Control Officer in deciding whether or how the project should be carried out.

II. Criteria For Authorities to Construct

For the purposes of determining which permit reviews conducted by the Air Pollution Control Officer are ministerial, action on an Authority to Construct for new or modified emissions unit (as defined in Rule 210.1, Subparagraph I.M.) at a facility shall be considered ministerial if the new or modified emissions unit meets all of the following requirements:

A. The proposed new or modified emissions unit will comply with all applicable requirements and limits established in Regulation IV of the Kern County Air Pollution Control District Rules and Regulations, and all provisions of state and federal law and regulations which the Kern County Air Pollution Control District has the duty to enforce.

B. The emissions from the proposed new or modified emissions unit can be established using:

  1. Standardized emission factors from published government sources;

  2. Source tests on the same or similar facilities conducted in accordance with the testing protocols established by the District in which the facility tested is located;

  3. Established formulas from published engineering and scientific handbooks, material safety data sheets or other similar published literature;

  4. Manufacturer's warranties; or

  5. Other fixed standards.

C. If the proposed new or modified emissions unit will be required to utilize Best Available Control Technology ("BACT"), BACT can be determined based on:

  1. The latest edition of the CARB/U.S. EPA BACT/LAER Clearinghouse;

  2. The District's own compilations of BACT levels for specific types of sources; or

  3. A more stringent BACT level proposed by the project proponent.

D. If emission reduction offsets are required to be provided pursuant to Rule 210.1, Subparagraph III.B.3., emission reductions are provided solely from emission units within the facility at which the new or modified emission unit is proposed to be constructed and the emission reductions from those units can be determined from source tests, production data, or other existing District records.

E. If the proposed new or modified emissions unit may result in a change in the quantity or type of toxic air contaminants emitted from the facility, a risk assessment prepared in accordance with current Cal-EPA guidelines shows that the increased cancer risk at any receptor outside the facility perimeter is less than one in one million (1 x 10-6) and the total hazard index at any receptor outside the facility perimeter is less than 0.2.

III. Criteria for Permits to Operate

The issuance of the Permit to Operate for a proposed new or modified emissions unit shall be a ministerial duty if:

A. The source will meet all of the conditions imposed in connection with issuance of the Authority to Construct and all applicable laws, rules, and regulations enforced by the District; and

B. Emissions testing conducted after the new or modified emissions unit has been constructed demonstrates that the emissions from the new or modified emissions unit are such that if those actual emissions had been known at the time the Authority to Construct was evaluated the review would still have qualified as a ministerial permit review.