California Code of Regulations
Title 20 - Public Utilities and Energy
Division 2 - State Energy Resources Conservation and Development Commission
Chapter 5 - Power Plant Site Certification
Article 3 - Procedures for Considering Applications for Certification
Section 1744.5 - Air Quality Requirements; Determination of Compliance
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The applicant shall submit in its application all of the information required for an authority to construct under the applicable district rules, subject to the provisions of Appendix B(g)(8) of these regulations.
(b) The local air pollution control officer shall conduct, for the commission's certification process, a determination of compliance review of the application in order to determine whether the proposed facility meets the requirements of the applicable new source review rule and all other applicable district regulations. If the proposed facility complies, the determination shall specify the conditions, including BACT and other mitigation measures, that are necessary for compliance. If the proposed facility does not comply, the determination shall identify the specific regulations which would be violated and the basis for such determination. The determination shall further identify those regulations with which the proposed facility would comply, including required BACT and mitigation measures. The determination shall be submitted to the commission within 240 days (or within 180 days for any application filed pursuant to Sections 25540 through 25540.6 of the Public Resources Code) from the date of the acceptance.
(c) The local district or the Air Resources Board shall provide a witness at the hearings held pursuant to Section 1745 to present and explain the determination of compliance.
(d) Any amendment to the applicant's proposal related to compliance with air quality laws shall be transmitted to the APCD and ARB for consideration in the determination of compliance.
1. Amendment
of subsection (b) filed 1-28-81; effective thirtieth day thereafter (Register
81, No. 5).
2. Amendment of subsection (b) filed 1-11-83; designated
effective 2-1-83 pursuant to Government Code section
11346.2(d)
(Register 83, No. 3).
3. Amendment of subsection (c) and NOTE filed
8-10-93; operative 9-9-93 (Register 93, No. 33).
4. Amendment of
subsection (a) filed 4-17-96; operative 5-17-96 (Register 96, No.
16).
5. Amendment of subsection (c) filed 12-21-2015; operative
1-1-2016 pursuant to Government Code section
11343.4(b)(3)
(Register 2015, No. 52).
Note: Authority cited: Sections 25218(e) and 25541.5, Public Resources Code. Reference: Sections 25216.3 and 25523, Public Resources Code.
