MOJAQMD RULE 1311 ELECTRIC ENERGY GENERATING FACILITIES
LAST REVISED 10/27/93
(Adopted: July 21,1980) (Amended: 10/27/93)
RULE 1311
ELECTRIC ENERGY GENERATING FACILITIES
This section shall apply to all electrical energy generating
facilities (EEGFs) proposed to be constructed in the
District and for which a Notice of Intention (NOI) or
Application for Certification (AFC) has been accepted by the
California Energy Commission (Commission).
(A) Intent to Participate and Preliminary Report
Within fourteen days of receipt of an NOI, the APCO shall
notify the California Air Resources Board and the Commission
of the District's intent to participate in the NOI
proceeding. If the District chooses to participate in the
NOI proceeding, the APCO shall prepare and submit a report
to the ARB and the Commission prior to the conclusion of the
nonadjudicatory hearings specified in Section 25509.5 of the
Public Resources Code. That report shall include, at a
minimum:
(1) a preliminary specific definition or description of
BACT for the proposed facility; and
(2) a preliminary discussion of whether there is a
substantial likelihood that the requirements of this
regulation and all other District regulations can be
satisfied by the proposed facility; and
(3) a preliminary list of conditions which the proposed
facility must meet in order to comply with this
regulation or any other applicable District
regulation. The preliminary determinations contained
in the report shall be as specific as practicable
within the constraints of the information contained in
the NOI.
(B) Determination of Compliance Review
Upon receipt of an AFC for an EEGF, the APCO shall conduct a
Determination of Compliance review. This Determination
shall consist of a review identical to that which would be
performed if an application for an authority to construct
had been received for the EEGF. If the information
contained in the AFC does not meet the requirements which
would otherwise comprise a complete application pursuant to
these regulations, the APCO shall, within 20 calendar days
of receipt of the AFC, so inform the Commission, and the AFC
shall be considered incomplete and returned to the applicant
for resubmittal.
(C) Application for an Authority to Construct
The APCO shall consider the AFC to be equivalent to an
application for an authority to construct during the
Determination of Compliance review, and shall apply all
provisions of these regulations which apply to applications
for an authority to construct.
(D) Additional Information
The APCO may request from the applicant any information
necessary for the completion of the Determination of
Compliance review. If the APCO is unable to obtain the
information, the Executive Officer of the ARB may petition
the presiding Commissioner for an order directing the
applicant to supply such information.
(E) Preliminary Decision
Within 180 days of accepting an AFC as complete, the APCO
shall make a preliminary decision on:
(1) whether the proposed EEGF meets the requirements of
this regulation and all other applicable District
rules and regulations; and
(2) in the event of compliance, what permit conditions
will be required, including the specific BACT
requirements.
(F) Public Notice Requirements - Preliminary Decision
The preliminary written decision made under subsection (E)
shall be treated as a preliminary decision under Rule
1310(B)(1) and shall be finalized by the APCO only after
being subject to the public notice and comment requirements
of Rule 1310.
(G) Determination of Compliance
Within 240 days of the filing date, the APCO shall issue and
submit to the Commission a Determination of Compliance or,
if such a Determination cannot be issued, shall so inform
the Commission. A Determination of compliance shall confer
the same rights and privileges as an authority to construct
only when and if the Commission approves the AFC, and the
Commission certificate includes all conditions of the
Determination of Compliance.