[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 application 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 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 40 Code of Federal Regulations, Part 52, Section 52.21 (40 CFR 52.21) in effect August 

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” contained 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 which 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.”

32. The following terms and phrases 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 days 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 Rule 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.

13. 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) major modification, as defined 

in 40 CFR 52.21(b). 

24. 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. 

35. 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 approved 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 consumption 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 such 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 the 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 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. 

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.