VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT

Rule 26-7 New Source Review - Notification

(Adopted 10/22/91, Revised 12/22/92)

A. Applicability

This Rule specifies the cases in which notification shall be provided of the Air Pollution Control Officer's preliminary decision to grant an Authority to Construct, or issue a Certificate of Emission Reduction Credit. In addition, this Rule specifies the process by which such notification shall be made.

B. Requirements

  1. The Air Pollution Control Officer (APCO) shall publish a notice, as specified in subsection B.3, of any preliminary decision to grant an Authority to Construct for any new, replacement, modified, or relocated emissions unit where the potential to emit from all new, modified, replacement, or relocated emissions units at the stationary source, which are covered by the application for such Authority to Construct, would exceed the limits in Table B-1.

Table B-1.

Nitrogen Oxides (NOx) 15.0 tons/year
Reactive Organic Compounds (ROC) 15.0 tons/year
Sulfur Oxides (SOx) 15.0 tons/year
Particulate Matter (PM-10) 15.0 tons/year
Carbon Monoxide 100.0 tons/year
  1. The APCO shall publish a notice, as specified in subsection B.3, of any preliminary decision to certify emission reduction credits where the amount of such credit would exceed any of the limits specified in Table B-1.

  2. Any notice of a preliminary decision required to be published pursuant to subsections B.1 or B.2 shall:

  3. a. Be published in at least one newspaper of general circulation in Ventura County, by no later than 10 days after such preliminary decision.

    b. Include the location where the public may inspect the information required to be made available pursuant to subsection B.5.

    c. Provide at least 30 days from the date of publication for the public to submit written comments regarding such preliminary decision.

  4. The APCO shall publish a notice of any preliminary decision to certify emission reduction credits. Such notice shall:

  5. a. Be published in the Ventura County Air Pollution Control District Monthly Report.

    b. Include the location where the public may inspect the information required to be made available pursuant to subsection B.5.

    c. Provide at least 30 days from the date of publication for the public to submit written comments regarding such preliminary decision.

  6. The APCO shall, by no later than the date of publication, make available for public inspection at the District office the information submitted by the applicant and the APCO's supporting analysis for any preliminary decision subject to the notification requirements of subsections B.1, B.2 or B.4. Information which contains trade secrets shall be handled in accordance with Section 6254.7 of the Government Code.

  7. The APCO shall, by no later than the date of publication, provide to the California Air Resources Board (ARB) and the U.S. Environmental Protection Agency (EPA) a copy of any notification made pursuant to subsections B.1 or B.2, and the supporting data and analysis relating to any such preliminary decision.

  8. The APCO shall consider any comments received during the 30 day comment period. If during the 30 day comment period the APCO receives a written request from either ARB or EPA to defer the APCO's final decision pending the requesting agency's review of the application, then the APCO shall defer the final decision for a period of 30 days from the date of such request.

  9. The APCO shall provide written notification of the final decision to grant or deny any such Authority to Construct or Certificate of Emission Reduction Credits to any person and/or agency which submitted comments during the comment period.