[ draft of June 20 , 2013 ]

Santa Barbara County APCD Rule 810 810

- 1 January 20, 2011 [ date of amended rule adoption ] RULE 810. FEDERAL PREVENTION OF SIGNIFICANT DETERIORATION (PSD). (Adopted

1/20/2011 , amended [ date of amended rule adoption ] )

A. Purpose

The federal Prevention of Significant Deterioration 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. Rule 201

, ( Permits Required )

, contains appl ication requirements and Rule 204

, ( Applications ) , Rule 205

, ( Standards for Granting Applications ) , Rule 206

, ( Conditional Approval of Authority to Construct or Permit to Operate )

, Rule 207

, ( Denial of Applications ) , and Rule 208

, ( Action on Applications

- Time Limits )

, contain processing requirements for permit actions. The purpose of this rule is to incorporate the federal Prevention of Significant Deterioration rule requirements into the District’s Rules and Regulations by incorporating the federal requ irements 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 40 Code of Federal Regulations, Part 52, Section 52.21 (40 CFR 52.21) in effect Aug ust 2, 2010 [ date of amended rule adoption ] as incorporated into this rule.

C. Incorporation by Reference

Except as provided below, the provisions of Title 40 CFR 52.21 in effect August 2, 2010 [ date of amended rule adoption ] are incorporated herein by reference and made part of the Rules and Regulations of the Santa Barbara County Air Pollution Control District.

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

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

- v), (i)(1)(ix

- x), (i)(6

- 8), (p)(6

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

.

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

a. The definition of “potential to emit” contained in 40 CFR 52.21(b)(4) is revised so that the phrase “is federally enforceable” shall read “is federally enforceable or enforceable as a practical matter.”

b. The definition of “allowable emissions” containe d in 40 CFR 52.21(b)(16) is revised so

that:

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 whi ch restrict the operating rate, or hours of operation, or both.”

2) paragraph (iii) shall read as follows: “The emissions rate specified as an enforceable permit condition, including those with a future compliance date.”

3 2

. The following terms and phra ses found in 40 CFR 52.21(b) are revised as follows:

a. The term “administrator” means:[ draft of June 20 , 2013 ]

Santa Barbara County APCD Rule 810 810

- 2 January 20, 2011 [ date of amended rule adoption ] 1) “ federal Environmental Protection Agency 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

2 ) “Control Officer” elsewhere, as defined in Rule 102

, ( Definitions )

.

b. 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 810 Section E below .”

3. The phrase “permit to construct” found in 40 CFR 52.21(p)(1) means “Authority to Construct” as
defined in Rule 102, Definitions.

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 Environmental Protection Agency 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 an Authority 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. If the Control Officer determines that the application is still not complete, the applicant may appeal that determination to the Board. The Board shall make its written determination

within 60 d ays after receiving the applicant's appeal. If such determination is not made within that

60

- day period, the application with the submitted materials shall be deemed complete. Appeals will be assessed a fee based on the cost reimbursement provisions of R ule 210, Fees. 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.

1 3

. An owner or operator must obtain a federal Prevention of Significant Deterioration permit pursuant to this rule before beginning actual construction of a new major stationary source, a major modification, or a plantwide applicability limitation ( PAL) ma jor modification, as defined in 40 CFR 52.21(b).

2 4

. Notwithstanding the provisions of any other District Rule or Regulation, the Control Officer shall require compliance with this rule prior to issuing a federal Prevention of Significant Deterioration permit as required by Clean Air Act Section 165.

3 5

. The applicant shall pay the applicable fees specified in Rule 210

, ( Fees )

.

E. Public Participation

Prior to issuing a federal Prevention of Significant Deterioration permit pursuant to this rule and within one

year after receipt of a complete application, the Control Officer shall:

1. Make a preliminary determination whether construction should be appr oved with conditions or disapproved.[ draft of June 20 , 2013 ]

Santa Barbara County APCD Rule 810 810

- 3 January 20, 2011 [ date of amended rule adoption ] 2. Make available in at least one location in Santa Barbara County 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 materials, if any, considered in making the preliminary determination.

3. Notify the public, by advertisement in a newspaper of general circulation in Santa Barbara County of the application, the preliminary determination, the degree of increment consum ption that is expected from the source or modification, and of the opportunity for written public comment.

4. Send a copy of the notice of public comment to the applicant, United States Environmental Protection Agency Region 9, any persons requesting suc h notice and any other interested parties such as: Any other State or local air pollution control agencies; the chief executives of the cities in the County; the County Executive Officer; 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 t he source, alternatives to it, the control technology required, and other appropriate considerations, if in the Control Officer’s judgment such a hearing

is warranted.

6. Consider all written comments that were submitted within 30 days after the notice o f 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 availabl e preconstruction information relating to the proposed source 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 District made available preconstruction information and public comments relating to the source.