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 PARTICIPATIONBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 1107 June 28, 2012 1107-2 Rule 1107

1 PURPOSE: The federal Prevention of Significant Deterioratio n (PSD) program is a construction permitting program for new major facil ities and major modifications to existing major facilities located in areas classifi ed 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Review unless otherwise superseded by federal regulation.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 in to the DISTRICT’s Rules and Regulations by incorporating the federal requiremen ts by reference.

2 APPLICABILITY: The provisions of this Rule shall apply to any sou rce and the owner or operator of any source subject to any requ irement under Title 40 of the Code of Federal Regulations (CFR) Part 52.21 as inc orporated 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, a re incorporated herein by reference and made part of the Rules and Regulation s 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 t his 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 provisio ns of DISTRICT Rule 1107, Section 5”.

3.4 “to the Federal land manager and the Federal offici al” in 40 CFR 52.21(p)(1) shall read as follows: “to the U. S. En vironmental Proctecion Agency (EPA) Region 9, the Federal land manager and the Federal official”.

3.5 “shall also notify all affected Federal land manage rs within 30 days of receipt of any advance notification of any such per mit application” in 40 CFR 52.21(p)(1) shall read as follows: “shall also notify EPA Region 9 andBUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 1107 June 28, 2012 1107-3

all affected Federal land managers within 30 days o f receipt of any advance notification of any such permit application”.

4 REQUIREMENTS:

4.1 An owner or operator must obtain a PSD permit pursu ant to this Rule before beginning actual construction of a new major statio nary source, a major modification, or a plantwide applicability limit (P AL) major modification, as defined in 40 CFR 52.21(b).

4.2 Not withstanding the provisions of any other DISTRI CT Rule or Regulation, the APCO shall require compliance with this Rule pr ior to issuing a federal PSD permit as required by Clean Air Act (CAA) Secti on 165.

4.3 The applicant shall pay the applicable fees specifi ed 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 s uch longer time as both the applicant and the APCO have agreed in writing. If t he APCO determines that the application is not complete, the applicant shal l 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 determin e completeness shall begin. The APCO may, during the processing of the a pplication, request an applicant to clarify, amplify, correct, or otherwis e supplement the information submitted in the application.

4.5 Upon request from the Federal Administrator, the AP CO shall transmit to the Federal Administrator a copy of each permit applica tion relating to a major stationary source or major modification and provide notice to the Administrator of every action related to the consid eration of such permit. Such notification is required for sources impacting Class I areas.

4.6 The APCO shall make a final determination within on e (1) year of receipt of a complete application.

4.7 Greenhouse gas emissions shall not be subject to th e requirements of subsections (k) or (m) of 40 CFR Part 52.21 in effe ct 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 thr ough 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 Cali fornia Energy Commission, the PSD requirements of this Rule shall be incorporated into and made enforceable through Dete rminations 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, t he APCO shall:

5.1 Make a preliminary determination whether constructi on should be approved with conditions or disapproved.

5.2 Make available in at least one location in each reg ion 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 th e proposed permit and a copy or summary of other materials, if any, conside red 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 d etermination, the degree of increment consumption that is expected from the sou rce 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 in terested parties such as: any other State or local air pollution control agen cies, the chief executives of the city and county where the source would be locat ed; any comprehensive regional land use planning agency, and any State, F ederal Land Manager, or Indian Governing body whose lands may be affected b y emissions from the

source or modification.

5.5 Provide opportunity for a public hearing for person s 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 a ppropriate considerations, if in the APCO’s judgment such a hearing is warranted.

5.6 Consider all written comments that were submitted w ithin 30 days after the notice of public comment was published and all comm ents received at any public hearing(s) in making a final decision on the approvability of the application and make all comments available for pub lic inspection in the same locations where the DISTRICT made available pr econstruction information relating to the proposed source or modi fication.BUTTE COUNTY AQMD RULES AND REGULATIONS

Rule 1107 June 28, 2012 1107-5 5.7 Make a final determination whether construction sho uld be approved with conditions or disapproved.

5.8 Notify the applicant in writing of the final determ ination 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.