November 10, 2015 Revision RULE 26.13: 1 

VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT 

RULE 26.13 - NEW SOURCE REVIEW - PREVENTION OF SIGNIFICANT 

DETERIORATION (PSD) (Adopted 6/28/2011, Revised 11/10/2015) 

A. Purpose 

The prevention of significant deterioration (PSD) program is a construction permitting 

program for new major facilities and major modifications 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 through 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 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 

Section 52.21 (40 CFR) Part 52.21) as incorporated into this ruleRule. 

C. Incorporation by Reference 

Except as provided below, the provisions of 40 CFR Part 52.21, in effect September 1, 

2015 August 2, 2010, are incorporated herein by reference and made part of these the 

District’s Rules and Regulations. 

1. The following subsections of 40 CFR Part 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. The following definitions found in 40 CFR Part 52.21(b) are revised as follows: 

a. In the definition of “potential to emit” contained in 40 CFR Part 

52.21(b)(4), the phrase “is federally enforceable” shall read “is federally 

enforceable or enforceable as a practical matter.” 

b. In the definition of “allowable emissions” contained in 40 CFR Part 

52.21(b)(16): 

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.” 
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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 found in 40 CFR Part 52.21(b) are revised as followsUnless 

otherwise defined below, the terms used in this Rule are defined in 40 CFR 52.21: 

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

1) “federalUSEPA administrator” 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, as defined in Rule 2. 

b3. 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 26.7, New 

Source Review - Notification26.13 Section E”. 

D. Requirements: 

1. An owner or operator must obtain a prevention of significant deterioration (PSD) 

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). 

2. Not withstanding the provisions of any other District Rule or Regulation, the Air 

Pollution Control Officer shall require compliance with this rule 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 fees 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 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 a permit to 

construct. 

5. The Air Pollution 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 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 
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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 subject to the requirements of subsections 

(k) or (m) of 40 CFR 52.21 in effect on September 1, 2015. 

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 Construct 

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 requirements 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 Source 

Review – Power Plants 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 Pollution 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 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 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 for written public comment. 

4. Send a copy of the notice of public comment to the applicant, USEPA 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 
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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 

Pollution 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, 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 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.1. Prior to issuing a federal PSD permit pursuant to this rule, the Air 

Pollution Control Officer shall comply with the public notice requirements of 

Rule 26.7, New Source Review - Notification.