(Adopted 10/18/1971, revised 5/1/1972, adopted 5/12/1973, revised 3/5/1975, 10/11/1976 and 6/26/1978, readopted 10/23/1978, revised 7/2/1979, 3/5/1984, 6/9/1986, 6/13/1988, 8/8/1988, 7/30/1991, and 4/17/1997)

A. Applicability

This rule shall apply to any person applying for an Authority to Construct or a Permit to Operate.

B. Exemptions


C. Definitions

See Rule 102 for definitions

D. The Control Officer shall deny an Authority to Construct or Permit to Operate, except as provided in Rule 206 if the applicant does not show that every article, machine, equipment or other contrivance, the use of which may cause the issuance of air contaminants, or the use of which may eliminate or reduce or control the issuance of air contaminants, is so designed, controlled, or equipped with such air pollution control equipment, that it may be expected to operate without emitting or without causing to be emitted air contaminants in violation of Sections 41700 or 41701 of the Health and Safety Code, or of these Rules and Regulations. No Authority to Construct, Permit to Operate or permit reevaluation shall be issued for any project unless that project's emissions are consistent with the Air Quality Attainment Plan and Clean Air Plan emissions inventory adopted by the Board. Notwithstanding any rule to the contrary, this Section shall apply to all applicants regardless of the date of their application and rules in effect on that date. Where applicable, project emissions shall be specified in pounds per million British thermal units, parts per million by volume, and pounds per hour.

E. Before an Authority to Construct or a Permit to Operate is granted, the Control Officer may require the applicant to provide and maintain such facilities as are necessary for sampling and testing purposes in order to secure information that will disclose the nature, extent, quantity or degree of air contaminants discharged into the atmosphere from the article, machine, equipment or other contrivance described in the Permit to Operate. The platform and access for sampling shall be constructed in accordance with the General Industry Safety Orders of the State of California.