• Introduction
• Who needs an air pollution permit?
• Examples of Equipment Needing Permits
• Examples of Facilities Needing Permits
• Rules that Apply to the Permitting Process
• The Application Process
• What happens after the application is evaluated?
• What is New Source Review (NSR)?

We have developed this page to help you better understand the process of obtaining an Air Pollution Permit in the San Joaquin Valley Air Basin.  Basic information regarding a number air pollution rules and standards are included here, but it is not intended to serve as a substitute for the District’s Rulebook that contains air pollution regulations. The Rulebook is available from any District office or through our subscription service.  Go to our Rules and Regulations page to download free copies of individual District rules. 

In addition, we encourage potential applicants to contact one of our regional business assistance offices.  Our small business assistance engineers can help you every step of the way towards obtaining your Air Pollution Permit.

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Who needs an air pollution permit?

Facilities with equipment that may emit air pollution or is used for controlling air pollution are subject to permit requirements.  The District grants two types of permits:

• Authority to Construct
• Permit to Operate

An Authority to Construct must be obtained before building or installing a new emissions unit or modifying an existing emissions unit that requires a permit.

A Permit to Operate is issued after all construction is completed and the emission unit is ready for operation.

Certain equipment is exempt from permit requirements.  A permit is not usually required for repair and maintenance or identical replacement.  District Rule 2020 (Exemptions) lists the types and sizes of devices that are exempt from permitting requirements.

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Examples of Equipment Needing Permits

• Internal combustion engines greater than 50 hp
• Boilers and steam generators
• Mixing, blending or processing of any organic solvents, adhesives, or coatings
• Operations creating dust or smoke or involving incineration of any material
• Metal reclamation or refining of any liquids or solids
• Storage or use of solvents or motor fuels (except diesel)
• Storage or use of acids
• Operations involving chemical reactions
• Equipment handling asbestos, beryllium, hexavalent chromium, mercury, vinyl chloride, fluorides, sulfuric acid mist, and hydrogen sulfide or other sulfur compounds
• Use of solvents for cleanup

Examples of Facilities Needing Permits

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Rules that Apply to the Permitting Process

Rules applying to various operations are adopted by the District as part of a plan to meet state and federal air quality standards and are listed in the District Rulebook. 

An automotive body repair shop, for instance, may be subject to the requirements of District Rule 4602 (Motor Vehicle and Mobile Equipment Refinishing Operations).  Some prohibitory rules, such as 4201 (Particulate Matter Concentration), apply to all sources that emit a specific air contaminant.  The prohibitory rules are a part of Regulation IV in the District Rulebook.

Rules in Regulation VII of the Rulebook apply to specific sources of toxic air contaminants.  District Rule 7012 (Hexavalent Chromium – Cooling Towers), for example applies to cooling towers in which circulating water is exposed to the atmosphere.

Rules that directly govern the permitting process are contained in Regulation II of the District Rulebook.  For instance, Rules 2010 (Permits Required) and 2020 (Exemptions) describe the equipment or operations that must obtain permits.  Rule 2201 (New and Modified Source Review) is one of the most important rules to project proponents, as its requirements apply to every facility installing or modifying equipment that requires permits.  See “What is New Source Review?”, below, for an overview of this rule.

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The Application Process

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. 

Obtaining Applications

A permit application and instructions may be obtained by mail or in person from any of the three District offices, or by downloading them from our Application Forms page.  Be sure to indicate the type of equipment that you wish to permit when requesting the application.

Scheduling a Pre-application Meeting

Applicants are encouraged to meet with District staff before submitting applications.    

Pre-application meetings:

• allow applicants to fully explain proposed projects
• can assist applicants to submit complete applications
• encourage discussion of compliance options
• provide an opportunity for District staff to explain permit requirements

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 Business Assistance Offices.

Submitting Applications

Applications may be submitted to any of the three regional District offices by mail or in person. All information requested in the application instructions should be included.

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. Checks or money orders should be payable to the SJVAPCD.

Evaluating Applications

Complete applications for some projects, such as installation of motor vehicle refueling equipment, 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.

Applications that require a District engineering evaluation receive a preliminary review within two weeks of the District’s receipt.  These preliminary reviews determine if the applications contain sufficient information to process.  The applicant is notified of the District’s completeness review within 30 days of the date received.  Additional information will be requested if the application is deemed incomplete.  Complete applications are assigned for engineering review in the order they are deemed complete, unless they have been assigned for priority processing.

Permit Processing Timeline

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What happens after the application is evaluated?

The Authority to Construct is Issued

If the project meets all applicable requirements, the applicant will be mailed an Authority to Construct.  An applicant that has been granted an Authority to Construct is required to notify the Compliance Division at the District office in his or her region when the installation or modification is complete.

The Compliance Division will have an inspector visit the site.  The inspector will determine whether the completed project was built in accordance with the design specified in the application and/or if the completed project complies with District rules and conditions contained within the Authority to Construct.  The inspector will then give a recommendation on the Permit to Operate.

Projects approved by Permit Services Division and the Compliance Division will be billed for an annual permit fee.  The permit fee schedules are contained in District Rule 3020 in Regulation III of the District Rulebook.

The Permit to Operate is Issued

After receiving your permits in the mail, the person receiving them should review them carefully.  Permit holders are responsible for complying with all terms and conditions of the permits.  Comments on the permit should be submitted to the Permit Services Division within 10 days of receiving the permit.

The Permit to Operate, renewable every five years, must be posted at the operation whenever possible.  If the permit cannot be posted on the equipment, the Permit to Operate must be posted within 25 feet of the equipment or be kept readily available onsite at all times.

The frequency of routine inspections by the District’s Compliance Division will vary depending on the size and category of the facility.

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What is New Source Review (NSR)?

New sources of air pollution, and modifications of existing sources must comply with District Rule 2201 (New and Modified Source Review), also known as New Source Review or NSR.  This rule is a component of Regulation II of our District Rulebook.  The NSR rule provides the mechanism for the District to issue permits to new and expanding businesses without interfering with efforts to meet the state and federal health-based air quality standards.  NSR contains a couple of main requirements – BACT and Offsets.

Best Available Control Technology

The best available air pollution control technology (BACT) is required for new and modifying units that result in certain calculated emissions increases.  BACT is, at a minimum, the most stringent control technique or limitation that has been achieved in practice for the same class of source.  However, if there is a more effective control that is both technologically feasible and cost effective, or that is contained in an approved implementation plan, the more effective control technique must be used.

Emissions Offsets

Emissions Offsets are emissions reductions that are provided to “offset” emissions increases from new or modifying sources of air pollution.  District Rule 2201 requires offsets for increases in allowed emissions above certain trigger levels.

Offsets, when required, may be provided by onsite or offsite emissions reductions and must be real, surplus, quantifiable, enforceable, and permanent.  Offsets may be obtained by purchasing emissions reduction credits from another party.  Procedures for banking and use of emission reduction credits are described in Rule 2301 (Emission Reduction Credit Banking) in Regulation II of the District Rulebook.  A list of names and addresses of owners of emission reduction credit certificates is available from any of the regional District offices for a nominal fee, or may be downloaded free from our ERC Certificate Holders page.

Other Requirements

For larger projects, or for those with a potentially significant health impact, New Source Review also requires public noticing of preliminary decisions and/or analysis of alternate sites or processes.

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