Frequently Asked Questions
Rule 208 - Action on Applications - Time Limits
For more information or assistance, call the Engineering Division at (805)
961-8800, or e-mail us at engr@sbcapcd.org.
Q: The revised definition of "Day" makes it clear now that calendar
days are used. It states that if a deadline falls on a weekend or a state or
federal holiday that the deadline shall be the next business day. Does this also
apply to APCD deadlines listed in Rule 208 (e.g., completeness dates and permit
issuance dates)?
A: Yes. If the Rule 208 deadline falls on a weekend or state or federal
holiday, the next business day becomes the applicable deadline date.
Q: Section D.4 states that an application (ATC or PTO) shall be denied
120 days after filing if the applicant has not submitted sufficient information
to deem the applicant complete. Therefore, if an application is submitted, is
then deemed incomplete by the APCD and no response to the incompleteness letter
is received, then the agency may deny the application. As for the rule
transition, what happens to applications on file that meet the 120 criteria?
A: The basic tenet is that the rules in effect on the date of application
completeness apply. Since these applications are not yet considered complete,
the revised Rule 208 provisions apply.
Q: What is meant by "small modification" at a medium or large source in
Section E.9?
A: The intent is to allow medium and large sources to benefit from the
timelines and permit processing streamlining measures afforded to Small sources
if BACT, AQIA or offsets are not required. Thus, a small modification has
essentially the same meaning as a Small source (less than 5 tons per year of
emissions). Example: A large or medium sized source wishes to install a gasoline
fueling facility. BACT, offsets and AQIA are not triggered. In this case, the
timelines and streamlined permit process can also apply to these sources.
Q: Small sources can apply for a combined ATC/PTO permit. However, my
reading of the rule implies that seeking such a permit is up to the applicant
(i.e., it is not mandatory - they can elect not to receive such a combined
permit if they so choose). If they choose not to receive a combined ATC/PTO
permit, what is the permit processing time limit?
A: The timelines for a Medium source would apply.
For more information or assistance, call the Engineering Division at (805)
961-8800, or e-mail us at
engr@sbcapcd.org.
of application completeness apply. Since these applications are not yet
considered complete, the revised Rule 208 provisions apply.
Q: What is meant by "small modification" at a medium or large source in
Section E.9?
A: The intent is to allow medium and large sources to benefit from the
timelines and permit processing streamlining measures afforded to Small sources
if BACT, AQIA or offsets are not required. Thus, a small modification has
essentially the same meaning as a Small source (less than 5 tons per year of
emissions). Example: A large or medium sized source wishes to install a gasoline
fueling facility. BACT, offsets and AQIA are not triggered. In this case, the
timelines and streamlined permit process can also apply to these sources.
Q: Small sources can apply for a combined ATC/PTO permit. However, my
reading of the rule implies that seeking such a permit is up to the applicant
(i.e., it is not mandatory - they can elect not to receive such a combined
permit if they so choose). If they choose not to receive a combined ATC/PTO
permit, what is the permit processing time limit?
A: The timelines for a Medium source would apply.
For more information or assistance, call the Engineering Division at (805)
961-8800, or e-mail us at
engr@sbcapcd.org.
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Rule 208
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