MOJAQMD RULE 1310 APPLICATIONS, NOTICE, AND REPORTING

LAST REVISED 10/27/93

(Adopted: July 21, 1980) (Amended: 10/27/93)

RULE 1310

APPLICATIONS, NOTICE, AND REPORTING

(A) Completeness of Application

(1) Except as provided in Rule 1311, the APCO shall

determine whether the application is complete not

later than 30 calendar days after receipt of the

application, or after such longer time as both the

applicant and the APCO may agree in writing. Such

determination of completeness shall be transmitted in

writing immediately to the applicant at the address

indicated on the application. 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 APCO of any resubmittal of the application, a new

30-day period in which the APCO must determine

completeness, shall begin.

(2) After an application is deemed complete, the APCO

shall not subsequently request of an applicant any new

or additional information which was not specified in

the APCO's list of items to be included within such

applications. However, the APCO may, during the

processing of the application, request an applicant to

clarify, amplify, correct, or otherwise supplement the

information required in such list in effect at the

time the complete application was received. Making

any such request does not waive, extend, or delay the

time limits in this rule for decision on the completed

application, except as the applicant and APCO may both

agree.

(B) Requirements for Public Notice

For those facilities which meet the thresholds of Rule

1307(A) pursuant to 1306(C), following acceptance of an

application as complete, the APCO shall:

(1) Perform the evaluations required to determine

compliance with this regulation.

(2) The APCO shall write a preliminary decision as to

whether an authority to construct should be approved,

conditionally approved, or disapproved. The

preliminary decision shall include a succinct written

analysis; and

(3) Within ten calendar days following such preliminary

decision, the APCO shall publish a notice by prominent

advertisement in at least one newspaper of general

circulation in the District stating the preliminary

decision of the APCO and where the public may inspect

the information required to be made available under

subsection (B)(4). The notice shall provide 30 days

from the date of publication for the public to submit

written comments on the preliminary decision; and

(4) At the time that the 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 the authority to construct,

including any proposed permit conditions, and the

reasons therefor. (Information shall be considered

confidential when (a) the information is a trade

secret under the provisions of California Government

Code §6254.7(d); or (b) the information is otherwise

entitled to confidential treatment pursuant to 18

U.S.C. §1905; and (c) the information is marked or

otherwise identified as confidential); and

(5) No later than the date of publication of the notice

required by subsection (B)(3), forward the analysis,

the preliminary decision, and copies of the; notice to

the ARB (Attention: Chief, Stationary Source Control

Division) and the Regional Office of the EPA

(Attention: Chief, New Source Section, Air & Toxics

Division, mail code A-5-1).

(C) Comments

The APCO shall consider all written comments submitted

during the 30-day public comment period.

(D) Final Action

Within 180 days after the application is deemed complete,

the APCO shall take final action on the application. The

District's APCO shall provide written notice of the final

action to the applicant, the EPA, and the ARB. The APCO

shall publish such notice in a newspaper of general

circulation, and shall make the notice and all supporting

documents available for public inspection at the District

office.