Any person building, altering or replacing any operation or equipment which may emit air contaminants has to first submit an application and obtain an Authority to Construct (ATC) from the Air District. The ATC must be obtained before the equipment is modified or brought on site, and can only be obtained once the District has determined that the proposal is complying with all air quality regulations.
Permit applications must be submitted to obtain the necessary permits and must contain all information necessary for the District to determine compliance with the requirements of all applicable District rules.
While the District’s role is to regulate the operation of equipment and processes that emit air contaminants, the District has no authority over land use decisions. In fact, local land use agencies (i.e. city and county local governments) have authority over land use planning, and as such, authorize the location and construction of various facilities. It is only after those land-use and siting decisions are made that the District can make an official determination about whether the facility complies with air pollution regulations.
Obtaining Applications
Scheduling a Pre-application Meeting
A pre-application meeting may be scheduled by contacting the Permit Service Division at the nearest District office, or by contacting one of the District’s regional Small Business Assistance Offices. Additional information about the District Small Business Assistance program can be obtain by clicking on the following link: http://www.valleyair.org/busind/busasst/sba.htm
Submitting Applications
A nonrefundable application-filing fee for each permit unit is required pursuant to Rule 3010 (Permit Fee). The District will assess reasonable additional fees based upon expenses and the average weighted labor rate if the original application fee does not cover the time and effort required to evaluate the project. You will be notified in writing of the assessment of any additional fees in conjunction with notification that the application is deemed complete. Payment can be made by checks or money orders payable to the SJVAPCD or made online by clicking here.
Evaluating Applications
For some projects, such as installation of motor vehicle refueling equipment, complete applications may be processed within one hour. Many applications, however, are more complex and may take a number of months for the District to process. District involvement in a project’s early planning stages is very advantageous in most situations.
Preliminary Review
Once the District receives an application that requires a District engineering evaluation, it is entered into our Permit Administration System database and assigned to permit staff member. Within 30 days of receiving the project application, the assigned permit staff member will perform a preliminary review to determine if all the information needed to process the application is available.
When the Preliminary Review is done, the applicant is notified of the District’s completeness determination. In case it is determined that information or application filing fees are missing, the application is deemed incomplete and a letter sent to the applicant identifying the missing information. State law allows an additional 30 days to review new information submitted. Once the District has all the information needed, the application is deemed complete and moves to the next step: the Final Review
Final Review
Complete applications are assigned for final review on a first-come, first-served basis (based on the date the application was deemed complete). The assigned permit staff member will then proceed with the project engineering evaluation of the proposed project.
The evaluation review process involves calculating emissions, determining compliance with District Rule 2201, New Source Review (NSR) and all applicable prohibitory District Rules, performing a Risk Management Review, and ensuring that the proposed project complies with CEQA requirements.
NSR includes Best Available Control Technology (BACT), including performing a new BACT determination if needed, offset requirements, an Ambient Air Quality Analysis for certain projects, and public noticing when emissions exceed certain thresholds. Prohibitory Rules may be applicable to all projects (such as visible emissions limits) or specific to certain types of operations (such as boilers, engines, oilfield operations, automotive painting and drycleaners).
When project related emissions exceed certain thresholds as identified in District Rule 2201, NSR, section 5.4, a 30-day public notice is required before the District makes a final decision over the project.
For the Air District to issue ATC(s), the proposed equipment or operation must meet all the following criteria:
In case the proposed equipment or operation does not comply with any of the above listed criteria, the ATC application will be denied.
Once the assigned permit staff member has completed his/her review, a lead/supervisory engineer reviews the project to ensure it is correct and that the District’s high quality standards are upheld. The District Compliance Division then reviews the proposed permit conditions and the District makes a preliminary decision to approve or deny the project. If the decision is to approve the project, any required public noticing is performed (30 days when NSR public notice threshold is exceeded or when hazardous emissions increases occur within 1,000 feet of a K-12 school, 45 days if the facility has a Title V permit) and comments are addressed, then the Authority to Construct is issued.
If the decision is to deny, the District will contact the applicant to discuss what changes are needed to comply with the applicable Rules.
Most projects will be finalized within 30 days of being assigned for final review. Certain projects (such as emergency IC engines and auto body shops) will be issued within 30 days of being deemed complete, not including noticing time if required.
Projects can also be expedited, if there is an economic or environmental justification.
State law requires the District to act on an application (approve or deny) within 180 days of when the application was deemed complete, or when CEQA has been satisfied, whichever is later. Due to the potential length of time it may take to issue an Authority to Construct, it is recommended to submit permit applications as early as possible.
