Santa Barbara County APCD 2-1 June 20, 2013

Rule Findings – Proposed Amended Rule 810

ATTACHMENT 2

RULE FINDINGS FOR AMENDED RULE 810, FEDERAL PREVENTION OF 

SIGNIFICANT DETERIORATION (PSD)

Pursuant to California Health and Safety Code Section 40727, the Board makes the following 

findings for the adoption of amended Rule 810, Federal Prevention of Significant Deterioration

(PSD).

Necessity

The Board determines that it is necessary to adopt amended Rule 810, Federal Prevention of 

Significant Deterioration (PSD) to implement the EPA Greenhouse Gas Tailoring Rule 

provisions (40 Code of Federal Regulations, Parts 51, 52, 70, and 71). 

Authority

The Board is authorized under state law to adopt, amend, or repeal rules and regulations 

pursuant to Health and Safety Code Section 40000, and 40725 through 40728 which assigns to 

local and regional authorities the primary responsibility for the control of air pollution from all 

sources other than exhaust emissions from motor vehicles. Additionally, pursuant to Health and 

Safety Code Section 40702, the District Board is required to adopt rules and regulations and to 

do such acts as are necessary and proper to execute the powers and duties granted to it and 

imposed upon it by State law.

Clarity

The Board finds that proposed amended Rule 810, Federal Prevention of Significant 

Deterioration (PSD), is sufficiently clear. Proposed Amended Rule 810 was publicly noticed 

and reviewed by the Community Advisory Council. The rule is written or displayed so that its 

meaning can be easily understood by persons directly affected by it.

Consistency

The Board determines that proposed amended Rule 810 is consistent with, and not in conflict 

with or contradictory to, existing federal or state statutes, court decisions, or regulations. 

The neighboring air pollution control districts include the Ventura County Air Pollution Control 

District, the San Luis Obispo County Air Pollution Control District, and the San Joaquin Valley 

Unified Air Pollution Control District. The San Luis Obispo County APCD and the Ventura 

County APCD are in the process of amending their PSD rules in a fashion similar to the 

District’s proposed amended Rule 810. The San Joaquin Valley Unified APCD Rule 2410 is 

similar to the District’s Rule 810. EPA approved Rule 2410 into the SIP with the understanding 

that the San Joaquin Valley Unified APCD would revise the rule in the future for clarity.
Santa Barbara County APCD 2-2 June 20, 2013

Rule Findings – Proposed Amended Rule 810

Based on this evidence, the Board finds that the rules are consistent with neighboring air 

pollution control districts.

Nonduplication

The Board finds that the proposed amended Rule 810, Federal Prevention of Significant 

Deterioration (PSD) does not impose the same restrictions as any existing state or federal 

regulation, and the proposed amendments are necessary and proper to execute the powers and 

duties granted to, and imposed upon, the District.

Reference

The Board finds that we have authority under state law to adopt amended Rule 810, Federal 

Prevention of Significant Deterioration (PSD), pursuant to Health and Safety Code Section 

39002. Health and Safety Code Section 39002 assigns to local and regional authorities the 

primary responsibility for the control of air pollution from all sources other than exhaust 

emissions from motor vehicles. Additionally, pursuant to Health and Safety Code Section 

40702, the Board is required to adopt rules and regulations and to do such acts as are necessary 

and proper to execute the powers and duties granted to it and imposed upon it by State law.

Public Comment

Response to Comments

The Board has reviewed the responses to public comments included in Attachment 3 and hereby 

approves those responses to comments as findings.