Authority to Construct/Permit to Operate
Monterey Bay Air Resources District (MBARD) Rule 200 requires any business or person to obtain an Authority to Construct and Permit to Operate before installing or operating new equipment or processes that may release or control air pollutants to ensure that all MBARD rules and regulations are considered.
Following this requirement will enable business owners to make any required design changes early in the planning stage and stay in compliance. Failure to do so may result in civil or criminal penalties, as well as lost time and money in design and/or the purchase of equipment that cannot be permitted. We highly recommend you contact MBARD at (831)647-9411 before purchasing or installing any new equipment.
The guidance "When do I need to check with the Air District" also provides a general list to help you determine whether your project requires a permit.
Please submit a general application form, fee sheet, and equipment-specific permit applications (if applicable to your equipment, see list below). Permit applications are subject to a 30-day completeness review. If the application is deemed complete, then there is up to a 180-day evaluation process. Upon completion of the evaluation finding the equipment can meet the required regulations, an Authority to Construct will be issued.
Please also note, per MBARD Rule 200, no person shall build, erect, alter, or replace any article, machine, equipment or other contrivance which may cause the issuance of air contaminants or the use of which may eliminate or reduce or control the issuance of air contaminants unless the facility owner or operator has obtained an Authority to Construct. An Authority to Construct allows for temporary operation, until the issuance of a Permit to Operate, to verify compliance. The temporary operation must be in accordance with all MBARD Rules and Regulations and the conditions contained on the Authority to Construct.Form 1 - ATC/PTO Application Form (updated February 2023) Form 400 - General Application Fee Sheet (effective starting July 1, 2022)
Change of Ownership or Name
Permits to Operate can be transferred to a new owner or change their name by completing the Form 1 ATC-PTO Application and submitting the appropriate fee as per Schedule 2 Administrative Amendment of Rule 301 using Form 400 Fee Determination Sheet above.
Permits to Operate can be cancelled by submitting a Permit Cancellation request form.
Equipment-Specific Permit Applications
Below is a list of typical equipment or processes needing a permit. Clicking on one of the categories will take you to a page specific for that category, containing permit application forms, record keeping forms, compliance advisories, pertinent regulations, etc.