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RULE 2410 PREVENTION OF SIGNIFICANT DETERIORATION (Adopted June 16, 2011, 

effective upon federal EPA approval)

1.0 Purpose 

The prevention of significant deterioration (PSD) program is a construction permitting 

program for new major stationary sources and major modifications to existing major 

stationary sources located in areas classified as attainment or in areas that are 

unclassifiable for any criteria air pollutant. The intent of this Rule is to incorporate the 

federal PSD rule requirements into the District’s Rules and Regulations by incorporating 

the federal requirements by reference. 

2.0 Applicability

The provisions of this rule shall apply to any source and the owner or operator of any 

source subject to any requirement under Title 40 Code of Federal Regulations (40 CFR) 

Part 52.21 as incorporated into this rule. This rule shall become effective upon the 

effective date of the federal Environmental Protection Agency’s (EPA’s) final and full 

approval of Rule 2410. The District expects the effective date to occur 30 days after EPA 

publishes their final approval in the federal register.

3.0 Incorporation by Reference

Except as provided below, the provisions of 40 CFR Part 52.21, in effect on June 16, 

2011, are incorporated herein by reference and made part of the Rules and Regulations of 

the San Joaquin Valley Unified Air Pollution Control District.

3.1 The following subsections of 40 CFR Part 52.21 are excluded: (a)(1), (b)(55-58), 

(f), (g), (i)(1)(i-v) and (ix-x), (i)(6-8), (p)(6-8), (q), (s), (t), (u), (w), (x), (y), (z) 

and (cc). 

3.2 The following definitions found in 40 CFR Part 52.21(b) are revised as follows:

3.2.1 The definition of “potential to emit” contained in 40 CFR, Part 

52.21(b)(4), is revised so that the phrase “is federally enforceable” shall 

read “is federally enforceable or enforceable as a practical matter.” 

3.2.2 The definition of “allowable emissions” contained in 40 CFR, Part 

52.21(b)(16), is revised so that:

3.2.2.1 The phrase “unless the source is subject to federally enforceable 

limits which restrict the operating rate, or hours of operation, or 

both” shall read, “unless the source is subject to enforceable 

limits which restrict the operating rate, or hours of operation, or 

both.”
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3.2.2.2 Paragraph (iii) shall read as follows: “The emissions rate 

specified as an enforceable permit condition, including those 

with a future compliance date.”

3.3 The following terms found in 40 CFR Part 52.21(b) are revised as follows:

3.3.1 The term “administrator” means:

3.3.1.1 “Federal administrator” in 40 CFR 52.21(b)(17), (b)(37)(i), 

(b)(43), (b)(48)(ii)(c), (b)(50)(i), (b)(51), (l)(2) and (p)(2); and

3.3.1.2 “Air Pollution Control Officer (APCO)” elsewhere, as defined in 

District Rule 1020.

3.4 The phrase “procedures developed in accordance with paragraph (q) of this 

section.” in 40 CFR 52.21(l)(1) shall read as follows, “the public notice and 

comment provisions of District Rule 2201, Section 5.5.1 through 5.5.6, and 

Sections 5.9.1.1 through 5.9.1.5.”

 

3.5 The phrase “paragraph (q) of this section,” in 40 CFR 52.21(p)(1) shall read as 

follows, “District Rule 2201, Section 5.5.1 through 5.5.6, and Sections 5.9.1.1 

through 5.9.1.5.”

4.0 Requirements 

4.1 An owner or operator must obtain a PSD permit pursuant to this Rule before 

beginning actual construction of a new major stationary source, a major 

modification, or a plantwide applicability limitation (PAL) major modification, as 

defined in 40 CFR 52.21(b). 

4.2 Not withstanding the provisions of any other District Rule or Regulation, the 

APCO shall require compliance with this rule prior to issuing a federal PSD 

permit as required by Clean Air Act (CAA) Section 165.

4.3 Except as specified in Section 4.3.1, the PSD requirements of this rule shall be 

incorporated into and made enforceable through authority to construct permits and 

permits to operate according to the permitting requirements of Regulation II of the 

District’s Rules and Regulations.

4.3.1 For power plants which will be licensed by the California Energy 

Commission, the PSD requirements of this rule shall be incorporated into 

and made enforceable through Determinations of Compliance and Permits 

to Operate according to the requirements of Rule 2201, Section 5.8, and 

the permitting requirements of Regulation II of the District’s Rules and 

Regulations.
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4.4 The applicant shall pay the applicable fees specified in Regulation III of the 

District’s Rules and Regulations.

5.0 Public Participation

 Prior to issuing a federal PSD permit pursuant to this rule, the APCO shall comply with 

the public notice requirements of District Rule 2201, Sections 5.5.1 through 5.5.6, and 

Sections 5.9.1.1 through 5.9.1.5.
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