01 /1 6 RULE 26.13 : 1 VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 26.13

- NEW SOURCE REVIEW

- PREVENTION OF SIGNIFICANT DETERIORATION (PSD) (Adopted 6/28 /

20 11 , Revised 11 / 10 /201 5 )

A. Purpose

The prevention of significant deterioration (PSD) program is a construction p ermitting program for new major facilities and major m odifications to existing major facilities that emit either criteria or greenhouse gas pollutants located in areas classified for an air pollutant as either attainment or unclassifiable . Rules 10 throug h 32 contain application requirements and processing requirements for permit actions. The intent of this Rule is to incorporate by reference federal PSD rule requirements into these Rules and Regulations.

B. Applicability

The provisions of this Rule s hall 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

S ection 52.21 (40 CFR 52.21 ) as incorporated into this Rule

.

C. Incorporation by Reference

Except as provided be low, the provisions of 40 CFR 52.21, in effect Sept ember 1 , 201 5

, are incorporated herein by reference and made part of the District’s Rules and Regulations.

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

- 58), (f), (g), (i)(1) (i

- v, ix, x), (i)(6

- 8), (p)(6

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

2

. Unless otherwise defined below, the terms used in this Rule are defined in 40

CFR 52.21 :

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

1) “ US EPA administra tor” as used 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); or

2) “Air Pollution Control Officer” (defined in Rule 2), as used

elsewhere in this Rule

.

3

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

read as follows: “ the public notice and comment provisions of Rule 26.13 Section

E ”

.01 /1 6 RULE 26.13 : 2 D. Requirements

1. An owner or operator must obtain a prevention of significant deterioration (PSD) permit pursuant to this Rule b efore beginning actual construction of a new major stationary source, a major modification, or a Plantwide Applicability Limit ation ( PAL ) major modification, as defined in 40 CFR 52.21(b).

2

. Notwithstanding the provisions of any other District Rule or Regulation, the Air Pollution 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.

3

. The applicant shall pay the applicable fee s specified in Rule 42.

4. The Air Pollution Control Officer shall provide written notice of any permit application for a proposed major stationary source or major modification to the USEPA administrator. Such notification shall include a copy of all inf ormation 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.

5. The Air Pollution Control Officer shall determine whether an applic ation is complete not later than 30 days after receipt of the application or after such longer time as both the applicant and the Air Pollution Control Officer may agree. If the

Air Pollution 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 re

- submittal of the application, a new 30

- day period to determine completeness shall begin. Upon determination that the application is complete, the Air Pollution 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.

6. Greenhouse gas emissions shall not be s ubject to the requirements of subsections (k) or (m) of 40 CFR 52.21 in effect on Sept em ber 1 , 201 5

.

7. Except as specified in Section D.7.a below , the PSD requirements of this Rule shall be incorporated into and made enforceable through Authority to Cons truct permits and Permits to Operate according to the permitting requirements of Regulation II (Rules 10 through 36) of the District’s Rules and Regulations.

a. For power plants which will be licensed by the California Energy Commission, the PSD require ments of this Rule may, at the District’s discretion, be incorporated into and made enforceable through Determinations of Compliance and Permits to Operate according to the Determination of Compliance provisions of Rule 26.9 New Source01 /1 6 RULE 26.13 : 3 Review

– Power Plant s and the permitting requirements of Regulation II of the District’s Rules and Regulations.

E. Public Participation

Prior to issuing a federal PSD permit pursuant to this Rule and within one year after receipt of a complete application, the Air Pollutio n Control Officer shall:

1

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

2

. Make available in at least one location in each region in which the proposed source would be constructed a copy of al l materials the applicant submitted, a copy of the preliminary determination, a copy of the proposed permit and a copy or summary of other materials, if any, considered in making the preliminary

determination.

3

. 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 expected from the source or modification, the opportunity for comment at a public hearing and the opportunity f or written public comment.

4

. Send a copy of the notice of public comment to the applicant, US 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 ex ecutives 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.

5

. 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 Air

Polluti on Control Officer ’s judgment such a hearing is warranted.

6

. 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 o n 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 so urce or modification.

7

. Make a final determination whether construction should be approved with conditions or disapproved.

8

. Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the District01 /1 6 RULE 26.13 : 4 made available preconstruction information and public comments relating to the

source.