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PROPOSAL:

Set Public Hearing April 10, 1998 to 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

SYNOPSIS:

Rule 210 and the List and Criteria Identifying Information Required of Applicants Seeking a Permit to Construct from the SCAQMD (the List) contained in Regulation II set forth requirements for submitting permit applications to the 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 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, Scheduled for Review

RECOMMENDED ACTION:

Set Public Hearing April 10, 1998, to 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 omissions of matters stated in the Permit Streamlining Act (California Government Code §§ 65940, 65941(b), 65941.5, 65943., 65950, 65952, 65962.5(f)) from 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. The modifications principally add deadlines for action on permits after completion of CEQA documents. 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. These modifications generally conform to existing practice.

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 include the following:

(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 performing a lead agency versus responsible agency role; 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 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 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 reflect current practices. Additional fiscal impacts on the AQMD are thus not expected.

Implementation Plan

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 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.

Attachments

A. Summary of Changes to Rule 210 - Applications and

Regulation II - List and Criteria

B. Rule Development Process

C. Key Contacts

D. Draft Rule Language: Rule 210 - Applications

E. Draft Rule Language: Regulation II - List and Criteria

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