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.
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.
The ATC permit evaluation performed by the Air District 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.
As mentioned above, a Risk Management Review is part of the District approval process. This analysis consists of evaluating the potential impact of the proposed project on the health of surrounding public by determining the level of exposure in three areas: Cancer risk, and Acute and Chronic Hazard indexes. The District does not issue permits that will allow the creation of a significant health risk. For more details about this Risk Management Review process please click here.
ATC(s) must be issued when the proposed equipment or operation meets all the following criteria:
When the proposed equipment or operation does not comply with any of the above listed criteria, the ATC application is denied.
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. As part of this public process, the District offers to the public the opportunity to review and comment on the proposed permitting action, prior to the District issuing or denying the permit.
1. Request for Notification for a Specific Facility
To be notified when the District makes initial and final decisions prior to issuing or denying a proposed ATC/ERC application(s) for a project subject to public notice and occurring at a specific facility, please fill out the online form by clicking on the following link: Request for Notification for a Specific Facility. Copies of this form are also available at District offices.
The Request for Notification for a Specific Facility form can also be downloaded by clicking here. Copies of this form are also available at District offices
With this request, you will be notified by your choice of either email or U.S. mail of preliminary and final decisions to issue or deny a permit for the specified facility that is subject to a District public noticing requirement.
2. Request for Notification of ALL Public Notices in a Region or in the entire District
To be notified when the District makes initial and final decisions prior to issuing or denying proposed ATC/ERC application(s) for ALL projects subject to public notice and occurring at any facility within the District or within a Region of the District (North – San Joaquin, Stanislaus and Merced counties, Central – Madera, Fresno and Kings counties, or South – Tulare and the Valley portion of Kern counties), please subscribe to the public emailing list by clicking on the following link: Notices For Permitting Actions.
