BUTTE COUNTY AQMD RULES AND REGULATIONS 

Rule 1107 June 28, 2012 1107-1

Rule 1107 Prevention of Significant Deterioration (PSD) Permits

 (Adopted June 28, 2012) 

RULE 1107 CONTENTS 

1 PURPOSE 

2 APPLICABILITY 

3 INCORPORATION BY REFERENCE 

4 REQUIREMENTS 

5 PUBLIC PARTICIPATION 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

Rule 1107 June 28, 2012 1107-2

Rule 1107 

1 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 Butte County Air Quality Management District 

(DISTRICT) Rule 400-Permit Requirements and Rule 432-Federal New Source 

Review unless otherwise superseded by federal regulation. 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. 

2 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 (CFR) Part 52.21 as incorporated into this Rule. 

3 INCORPORATION BY REFERENCE: Except as provided below, the provisions 

of 40 CFR Part 52.21, in effect on June 28, 2012, are incorporated herein by 

reference and made part of the Rules and Regulations of the DISTRICT. 

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

58), (f), (g), (i)(1)((i-v) and (ix-x), (i)(6-8), (k)(2), (p)(6-8), (q), (s), (t), (u), 

(v), (w), (x), (y), (z) and (cc). 

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

CFR Part 52.21(b): 

3.2.1 Administrator: The term “administrator” means: 

3.2.1.1 Federal 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,

3.2.1.2 Air Pollution Control Officer (APCO), elsewhere, as 

defined in Rule 100-Definitions. 

3.3 “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 DISTRICT Rule 

1107, Section 5”. 

3.4 “to the Federal land manager and the Federal official” in 40 CFR 

52.21(p)(1) shall read as follows: “to the U. S. Environmental Proctecion 

Agency (EPA) Region 9, the Federal land manager and the Federal official”. 

3.5 “shall also notify all affected Federal land managers within 30 days of 

receipt of any advance notification of any such permit application” in 40 

CFR 52.21(p)(1) shall read as follows: “shall also notify EPA Region 9 and 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

Rule 1107 June 28, 2012 1107-3

all affected Federal land managers within 30 days of receipt of any advance 

notification of any such permit application”. 

4 REQUIREMENTS: 

4.1 An owner or operator must obtain a PSD permit pursuant to this Rule before 

beginning actual construction of a new major stationary source, a major 

modification, or a plantwide applicability limit (PAL) major modification, as 

defined in 40 CFR 52.21(b). 

4.2 Not withstanding the provisions of any other DISTRICT Rule or Regulation, 

the APCO shall require compliance with this Rule prior to issuing a federal 

PSD permit as required by Clean Air Act (CAA) Section 165. 

4.3 The applicant shall pay the applicable fees specified in DISTRICT Rule 515-

Prevention of Significant Deterioration (PSD) Fees. 

4.4 The APCO shall determine whether the application is complete not later than 

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

applicant and the APCO have agreed in writing. If the APCO determines that 

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

decision specifying the information required. Upon receipt of any re-submittal 

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

begin. The APCO may, during the processing of the application, request an 

applicant to clarify, amplify, correct, or otherwise supplement the information 

submitted in the application. 

4.5 Upon request from the Federal Administrator, the APCO shall transmit to the 

Federal Administrator a copy of each permit application relating to a major 

stationary source or major modification and provide notice to the 

Administrator of every action related to the consideration of such permit. 

Such notification is required for sources impacting Class I areas. 

4.6 The APCO shall make a final determination within one (1) year of receipt of a 

complete application. 

4.7 Greenhouse gas emissions shall not be subject to the requirements of 

subsections (k) or (m) of 40 CFR Part 52.21 in effect on June 28, 2012. 

4.8 Except as specified in Section 4.8.1 below, the PSD requirements of this Rule 

shall be incorporated into and made enforceable through Authority to 

Construct permits and Permits to Operate according to the permitting 

requirements of Rule 400-Permit Requirements of the DISTRICT’s Rules and 

Regulations. 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

Rule 1107 June 28, 2012 1107-4

4.8.1 For power plants which will be licensed by the California Energy 

Commission, the PSD requirements of this Rule shall be 

incorporated into and made enforceable through Determinations of 

Compliance and Permits to Operate according to the requirements of 

Rule 432-Federal New Source Revew, and the permitting 

requirements of Rule 400-Permit Requirements of the DISTRICT’s 

Rules and Regulations. 

5 PUBLIC PARTICIPATION: Prior to issuing a federal PSD permit pursuant to this 

Rule and after receipt of a complete application, the APCO shall: 

5.1 Make a preliminary determination whether construction should be approved 

with conditions or disapproved. 

5.2 Make available in at least one location in each region 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 and a 

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

preliminary determination. 

 

5.3 Notify the public, by advertisement in a newspaper of general circulation in 

Butte 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. 

 

5.4 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. 

 

5.5 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 APCO’s judgment such a hearing is warranted.

5.6 Consider all written comments that were submitted within 30 days after the 

notice of public comment was 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. 
BUTTE COUNTY AQMD RULES AND REGULATIONS 

Rule 1107 June 28, 2012 1107-5

5.7 Make a final determination whether construction should be approved with 

conditions or disapproved. 

 

5.8 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.