San Luis Obispo County APCD 220-1 1/22/2014

RULE 220. FEDERAL PREVENTION OF SIGNIFICANT DETERIORATION 

 (Adopted 3/23/11; Last revision 1/22/2014)

A. Purpose 

The federal 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 application, processing requirements and procedures are 

those contained in District Rules 202 through 214 unless otherwise superseded by this 

rule. 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. 

B. 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 of the Code of Federal Regulations 

(hereinafter, 40 CFR) Part 52.21 as incorporated into this rule. 

C. Incorporation by Reference 

Except as provided below, the provisions of 40 CFR Part 52.21, in effect January 22, 2014, 

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

San Luis Obispo Air Pollution Control District. 

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

(k)(2), (p)(6-8), (q), (s), (t), (u), (v), (w), (x), (y), (z) and (cc). 

2. The following incorporated provisions of 40 CFR Part 52.21(b) are revised as follows: 

a. The term “administrator” shall read as follows: 

1) “ EPA administrator” in 40 C.F.R. 52.21(b)(17), (b)(37)(i), (b)(43), 

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

2) “Control Officer” elsewhere, as defined in Rule 105, Definitions. 

b. The phrase “paragraph (q) of this section” in 40 CFR 52.21(p)(1) and (1)(2) 

shall read as follows: the public notice and comment provisions of Rule 220, 

Section E. 

c. The definition of the term “Subject to regulation” as defined in 40 CFR 

52.21(b)(49)(ii)(a) shall be read as: “Multiplying the mass amount of emissions 

(tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s 

associated global warming potential published at Table A-1 to subpart A of 

part 98 of this chapter--Global Warming Potentials.” 
San Luis Obispo County APCD 220-2 1/22/2014

d. The subparagraph in 40 CFR 52.21(i)(5)(i)(c) shall be revised to read as: “PM2.5-

-no de minimis air quality level is provided;”. 

D. Requirements:

1. The Control Officer shall provide written notice of any permit application for a 

proposed major stationary source or major modification to the EPA administrator. 

Such notification shall include a copy of all information relevant to the permit 

application and shall be given within 30 days of receipt and at least 60 days prior to 

any public hearing on the application for a permit to construct. 

2. The Control Officer shall determine whether an application is complete not later than 

30 days after receipt of the application or after such longer time as both the 

applicant and the Control Officer may agree. If the Control Officer determines that 

the application is not complete, the applicant shall be notified in writing of the 

decision specifying the information that is required. Upon receipt of any resubmittal 

of the application, a new 30-day period to determine completeness shall begin. 

Upon determination that the application is complete, the Control Officer shall notify 

the applicant in writing. The date of receipt of the application shall be the date on 

which the reviewing authority received all required information. 

3. An owner or operator must obtain a prevention of significant deterioration (PSD) 

permit pursuant to this Rule before beginning actual construction of a new major 

stationary source, a major modification, or a PAL major modification, as defined in 40 

CFR 52.21(b). 

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

APCO/Control Officer shall require compliance with this rule prior to issuing a federal 

Prevention of Significant Deterioration permit as required by Clean Air Act (CAA) 

Section 165. 

5. The applicant shall pay the applicable fees specified in District Rule 301 Fees and Rule 

302, Schedule of Fees. 

6. Greenhouse gas emissions shall not be subject to the requirements of subsections (k) 

or (m) of 40 CFR Part 52.21 in effect on January 22, 2014. 

E. Public Participation: 

1. Prior to issuing a federal PSD permit pursuant to this rule and within one year after receipt of 

a complete application, the APCO/Control Officer shall: 

a. Make a preliminary determination whether construction should be approved with 

conditions or disapproved. 

b. Make available in at least one location in San Luis Obispo County in which the 

proposed source would be constructed a copy of all materials the applicant 

submitted, a copy of the preliminary determination, a copy of the proposed permit 
San Luis Obispo County APCD 220-3 1/22/2014

and a copy or summary of other materials, if any, considered in making the 

preliminary determination.

c. Notify the public, by advertisement in a newspaper of general circulation in San Luis 

Obispo County, of the application, the preliminary determination, the degree of 

increment consumption that is expected from the source or modification, the 

opportunity for comment at a public hearing 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 

State 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 be 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/Control 

Officer’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, including the District’s response to the comments, 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. 

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.