FEATHER RIVER AQMD 10.10

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RULE 10.10

– Prevention of Significant Deterioration

A. PURPOSE ( Adopted 8/1/2011 )

The prevention of significant deterioration (PSD) program is a construction permitting program for new major facilities and major modifications to existing major
facilities 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 federa l requirements by

reference.

B. APPLICABILITY ( Adopted 8/1/2011 )

The provisions of this rule shall apply to any source and the owner or operator of any source subject to any requirement under 40 Code of Federal Regulations (CFR) Part 52.21 as incorporated into this rule.

C. INCORPORATION BY REFERENCE ( Adopted 8/1/2011 )

Except as provided below, the provisions of Title 40 of the Code of Federal Regulations (CFR) Part 52.21, in effect August 1 , 2011 are incorporated herein by reference and made part of the Rul es and Regulations of the Feather River Air Quality Management District

. C.1 The following subsections of 40 CFR Part 52.21 are excluded: (a)(1), (b)(55

- 58), (f), (g), (p)(6

- 8), (q), (s), (t), (u), (v), (w), (x), (y), (z) and (cc).

D. EXEMPTION, GREENHOUSE GAS A IR QUALITY ANALYSES: ( Adopted 8/1/2011 ) Greenhouse gas emissions, as defined in Rule 10. 11
, PERMITTING REQUIREMENTS FOR STATIONARY SOURCES EMITTING GREENHOUSE GASES, shall not be subject to the requirements of subsections (k) or (m) of 40 CFR Part 52.21.

E. DEFINITIONS ( Adopted 8/1/2011 )

Unless otherwise defined below, the terms used in this rule are defined in 40 CFR Part 52.21(b):

E.1 Administrator : The term “administrator” means:

a. “Federal Administrator” in 40 C.F.R. 52.21(b)(17), (b)(37)(i), (b)(43),FEATHER RIVER AQMD 10.10

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

b. “Air Pollution Control Officer (APCO)” elsewhere,
as defined in District Rule 1.1 , DEFINITIONS.
E.2 Allowable Emissions : The definition of “allowable emissions” contained in 40 CFR, Part 52.21(b)(16), is

rev ised so that:

a. 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.”

b. Paragraph (iii) shall read as follows: “The emissions rate specified as an enforceable permit condition, including those with a future compliance date.”
E.3 Paragraph (q) : The phrase “paragraph (q) of this
section” in 40 CFR 52.21 (p)(1) shall read as follows: “the public notice and comment provisions of Rule

10.1 , NEW SOURCE REVIEW”.
E.4 Potential to Emit : The definition of “potential to emit” contained in 40 CFR, Part 52.21(b)(4), is revised so that the phrase “is federally enforceabl e” shall read “is federally enforceable or enforceable as a practical matter.

F. REQUIREMENTS ( Adopted 8/1/2011 )

F.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 maj or modification, or a Plantwide Applicability Limitation (PAL) major modification, as defined in 40 CFR 52.21(b).

F.2 Notwithstanding 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.

F.3 The applicant shall pay the applicable fees specified

in Regula tion VII
, F EES.

G. ADMINISTRATIVE REQUIREMENTS ( Adopted 8/1/2011 )

G.1 Public Participation : Prior to issuing a federal PSD permit pursuant to this rule and after receipt of a complete application, the APCO shall:FEATHER RIVER AQMD 10.10

- 3 a. Make a preliminary determination whether construction should be approved with conditions or disapproved.

b. Make available at the District office a copy of all materials the applicant submitted, a copy of the preliminary determination, a copy of the proposed permit and a copy or summary of other

mat erials, if any, considered in making the preliminary determination.

c. Notify the public, by advertisement in a newspaper of general circulation in the District, of the application, the preliminary determination, the degree of increment consumption that is ex pected from the source or modification, and of the opportunity for written public comment.

d. Send a copy of the notice of public comment to the applicant, EPA Region 9, any persons requesting such notice and any other interested parties such as: Any other St ate or local air pollution control agencies, the chief executives of the city and county where the source would be located; any comprehensive regional land use planning agency, and any State, Federal Land Manager, or Indian Governing body whose lands may

b e affected by emissions from the source or
modification.

e. Provide opportunity for a public hearing for persons to appear and submit written or oral comments on the air quality impact of the source, alternatives to it, the control technology required, and other appropriate considerations, if in the APCO’s judgment such a hearing is

warranted.

f. Consider all written comments that were submitted within 30 days after the notice of public comment is published and all comments received at any public hearing(s) in making a final decision on the approvability of the application and make all comments available for public inspection in the
same locations where the District made available preconstruction information relating to the proposed source or modification.

g. Make a final determination whether construction should be approved with conditions or disapproved.FEATHER RIVER AQMD 10.10

- 4 h. Notify the applicant in writing of the final
determination and make such notification available for public inspection at the same
location where the District made available preconstruction information and public comments relating to the source.