BOARD MEETING DATE: April 10, 1998 AGENDA NO. 37
PROPOSAL:
Amend Rule 210 - Applications, and the List and Criteria Identifying Information Required of Applicants Seeking a Permit to Construct from the South Coast Air Quality Management District Contained in Regulation II
SYNOPSIS:
Rule 210 and the List and Criteria Identifying Information Required of Applicants Seeking a Permit to Construct from the SCAQMD (List and Criteria) contained in Regulation II set forth requirements for submitting permit applications to AQMD and identify information required of applicants seeking permits to construct air pollution sources before an application can be determined to be complete. The recent discovery of minor omissions in these requirements has led staff to recommend that Rule 210 and the List and Criteria be modified to conform to Permit Streamlining Act Requirements set forth in the California Government Code. The modifications principally add deadlines for action on permits after completion of CEQA documents. These modifications generally conform to existing practice.
COMMITTEE:
Stationary Source, March 20, 1998, Reviewed
RECOMMENDED ACTION:
Amend Rule 210 - Applications and Amend Regulation II - List and Criteria Identifying Information Required of Applicants Seeking a Permit to Construct from the South Coast Air Quality Management District.
Barry R. Wallerstein, D.Env.
Acting Executive Officer
Background
The recent discovery of minor discrepancies between the Permit Streamlining Act (California Government Code §§65940, 65941(b), 65941.5, 65943. 65950, 65952, 65962.5(f)) and AQMD Rule 210 - Applications and Regulation II - List and Criteria Identifying Information Required of Applicants Seeking a Permit to Construct from the South Coast Air Quality Management District has led staff to recommend that Rule 210 - Applications and Regulation II - List and Criteria be modified to conform to Permit Streamlining Act requirements. This Board letter and its attachments serve as the staff report for proposed amendments to Rule 210 - Applications and Regulation II - List and Criteria Identifying Information Required of Applicants Seeking a Permit to Construct from the South Coast Air Quality Management District.
Policy Issues
Although no law specifically requires Governing Board adoption of Regulation II - List and Criteria, this item was nonetheless adopted June 2, 1978, and amended twice thereafter in formal actions by the Board to ensure that all applicants seeking a permit to construct would be afforded adequate notice of the type and scope of information required by AQMD to determine that an application is complete. Continuing this precedent, the formal modification of both Rule 210 - Applications and Regulation II - List and Criteria ensures that applicants seeking a permit to construct are kept abreast of AQMD requirements, in conformity with the Permit Streamlining Act.
Regulation II Proposal
Attachment A summarizes the proposed minor language changes that will make Rule 210 - Applications and Regulation II - List and Criteria consistent with Permit Streamlining Act requirements.
AQMP and Legal Mandates
The Permit Streamlining Act (Government Code §§65920 et. seq.) was intended to provide the public with a "clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions on such projects" by public agencies (§65921). Proposed modifications of Rule 210 - Applications and Regulation II - List and Criteria:
(1) Clarify that development projects subject to these provisions include AQMD Permits to Construct;
(2) No longer condition the determination that an application is complete on the prior submittal of an EIR or proof of compliance with CEQA;
(3) Provide timeframes for permit action following certification of an EIR, approval of a negative declaration, or determination that a project is exempt from CEQA requirements;
(4) Distinguish time limits for permit processing where AQMD is lead agency vs. responsible agency; and
(5) Require that applicants for a Permit to Construct submit a signed Hazardous Waste and Substances Statement where AQMD is lead agency.
CEQA
Staff has reviewed the proposed amendments to Rule 210 - Applications and Regulation II - List and Criteria Identifying Information Required of Applicants Seeking a Permit to Construct from the South Coast Air Quality Management District, pursuant to state and AQMD CEQA guidelines §15002(k)(1) - Three Step Process, and has determined that the proposed amendments are exempt from CEQA pursuant to state CEQA Guidelines §15268. Because AQMD exercises no discretion with regard to the proposed project, it is considered to be ministerially exempt. If approved by the Governing Board, a Notice of Exemption (NOE) will be prepared for the proposed project pursuant to state and AQMD CEQA Guidelines §15062 and filed with the county clerks of Los Angeles, Orange, Riverside, and San Bernardino counties.
No socioeconomic assessment was performed for the proposed amendments, since they do not significantly affect air quality or emissions limitations. Moreover, proposed amendments generally conform to current practices. Additional fiscal impacts on the AQMD are thus not expected.
Public Comment
The following comments were received during or after the public workshop held February 24, 1998:
Comment: How was the "Hazardous Waste & Substance Statement" form derived? (Bill Zapca, ARCO)
Response: The "Hazardous Waste & Substance Statement" form is derived from Government Code §65962.5 (f), which requires applicants for a Permit to Construct to submit a signed copy of the completed form where AQMD is lead agency.
Comment: Rule 210 (b) is not fully consistent with Government Code §65943. Rule 210 (b) states:
"Upon receipt of any resubmittal or additional information a new 30-day period shall begin..."
However, Government Code §65943 states:
"Upon receipt of any resubmittal of the application, a new 30-day period shall begin..."
Rule 210 (b) should be changed to reflect state law and allow a re-start of the 30-day clock only if a resubmittal of the application occurs, not any information, as is now stated in Rule 210 (b). (Frank Caponi, Los Angeles County Sanitation District)
Response: Where an application has been determined not to be complete, Government Code §65943 (a) requires the agency to specify "those parts of the application which are incomplete and...[to] indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application." The submittal of information in support of a determination that an application is complete has the same effect as the re-submittal of the application itself: the 30-day clock begins when the new information is received by the agency. Thus, staff interprets Rule 210 (b) as consistent with the provisions of Government Code §65943.
Comment: Subparagraphs (d)(2) and (d)(3) of Rule 210 describe permit processing timeframes for applications determined to be subject to CEQA review. With the proposed removal of Rule 210 (d)(1), all project approvals are tied to CEQA projects only. What are the applicable permit processing timeframes for applications determined to be exempt from CEQA review where AQMD is not lead agency? (Charlie Aarni, Chevron; Mike Shaffer, Sierra-Pacific Environmental)
Response: Rule 210 (d)(2) has been modified such that, where AQMD is the responsible agency, a Permit to Construct must be granted or denied within 180 days after a project has been approved by a lead agency or the application is deemed complete, whichever is later.
As a lead agency, however, AQMD must:
In conformity with state law, staff is developing a protocol for adoption by the Board that will facilitate the determination of CEQA applicability for projects where AQMD is lead agency. Implementation of this protocol will expedite application processing and permit issuance for projects exempt from CEQA review.
Comment: Rule 210 (d)(4) refers Title V applicants to Rule 3003 and 3005 for significant and minor permit modifications. To be complete, this subparagraph should also include de minimis significant permit modifications. (Frank Caponi, Los Angeles County Sanitation District)
Response: Staff has modified Rule 210 (d)(4) to include de minimis significant permit modifications for Title V facilities among other permit modifications subject to timetables for permit action as specified in the aforementioned rules.
Implementation Plan
With the exception of projects determined to be exempt from CEQA review where AQMD is lead agency, proposed amendments do not materially affect the structure or function of existing programs associated with the implementation of Rule 210 - Applications and Regulation II - List and Criteria Identifying Information Required of Applicants Seeking a Permit to Construct from the South Coast Air Quality Management District or any other AQMD rules. Staff is working to streamline permit processing procedures for applications determined to be exempt from CEQA review to ensure the timely issuance of Permits to Construct for such projects, consistent with the requirements of state law. Staff is available to assist those facilities affected by the proposed amendments.
Resource Impacts
Current AQMD resources are sufficient to implement and enforce proposed Regulation II amendments.
A. Summary of Changes to Rule 210 - Applications and Regulation II - List and Criteria
B. Rule Development Process
C. Key Contacts
D. Resolution
E. Draft Rule 210 - Applications
F. Draft Regulation II - List and Criteria
G. Notice of Exemption
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