(a) After certification of a site and related facility, the department shall petition the commission for approval of any change it proposes to the site and related facility design, operation, or performance requirements. The petition shall contain the following information:
(1) A description of the proposed change, including new language for any conditions of certification that will be affected;
(2) A discussion of the necessity for the proposed change and an explanation of why the change should be permitted;
(3) A description of any new information or change in circumstances that necessitated the change;
(4) An analysis of the effects that the proposed change to the site and related facility may have on the environment and proposed measures to mitigate any substantial environmental effects;
(5) An analysis of how the proposed change would affect the site and related facility's compliance with applicable laws, ordinances, regulations, and standards;
(6) A discussion of how the proposed change would affect the public;
(7) A list of current assessor's parcel numbers and owners' names and addresses for all parcels within 500 feet of any affected site and related facility linears and 1000 feet of the site; and
(8) A discussion of the potential effect of the proposed change on nearby property owners, residents, and the public.
(b) At the time of submission of the petition, the department shall provide a payment using the methodology specified in Public Resources Code section 25806(e).
(c) Within 30 days after a petition is filed pursuant to Section 1208 and the applicable fee is paid, staff shall review the petition and either approve the petition pursuant to Section 1899(d)(1) or submit the petition to the commission for consideration pursuant to Section 1899(d)(2).
(d) Approval of Proposed Change
(1) Staff Approval of Proposed Change
(A) Staff shall approve the change where staff determines:
(i) That there is no possibility that the change may have a substantial effect on the environment;
(ii) That the change would not cause the site and related facility to fail to comply with any applicable laws, ordinances, regulations, or standards; and
(iii) The change will not require a change to, or deletion of, a condition of certification previously adopted by the commission or approved by staff for the site and related facility.
(B) Staff, in consultation with the air pollution control district where the site and related facility is located, may approve any change to a condition of certification regarding air quality provided:
(i) That the criteria in subdivisions (d)(1)(A)(i) and (ii) are met; and
(ii) That no daily, quarterly, annual, or other emission limit will be increased as a result of the change.
(C) Staff shall file its analysis and any decision approving a proposed change in accordance with subdivision (d)(1).
(D) Staff may submit to the commission for consideration and approval a proposed change that could otherwise be approved by staff under subdivisions (d)(1)(A) or (B).
(2) Commission Approval of Proposed Change
If staff determines that a change does not meet the criteria for staff approval set forth in subdivision (d)(1)(A) or (B), or if staff submits the proposed change to the commission for consideration under subdivision (d)(1)(D), the petition shall be considered by the commission at a noticed business meeting. The commission shall issue an order approving, rejecting, or modifying the petition or shall establish a schedule for subsequent actions.
Credits
Note: Authority cited: Sections 25213, 25218(e), 25793(e) and 25794.2(a), Public Resources Code. Reference: Section 25794.2(a), Public Resources Code.
History
1. New section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022, No. 43). Pursuant to Public Resources Code section 25793(e), this action is a deemed emergency and shall remain in effect for three years or until replaced by nonemergency regulations, whichever is sooner. A Certificate of Compliance must be transmitted to OAL by 10-24-2025 or emergency language will be repealed by operation of law on the following day.
This database is current through 4/12/24 Register 2024, No. 15.
