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Adopted November 5, 2010

RULE 1714. PREVENTION OF SIGNIFICANT DETERIORATION FOR 

GREENHOUSE GASES

(a) Purpose

This rule sets forth preconstruction review requirements for greenhouse gases (GHG). 

The provisions of this rule apply only to GHGs as defined by EPA to mean the air 

pollutant as an aggregate group of six GHGs: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. All other attainment air 

contaminants, as defined in Rule 1702 subdivision (a), shall be regulated for the purpose 

of Prevention of Significant Deterioration (PSD) requirements pursuant to Regulation 

XVII, excluding Rule 1714.

(b) Applicability

The provisions of this rule shall apply to any source and the owner or operator of any 

source subject to any GHG requirements under 40 Code of Federal Regulations Part 

52.21 as incorporated into this rule.

(c) Incorporation by Reference

Except as provided below, the provisions of Title 40 of the Code of Federal Regulations 

(CFR) Part 52.21, are incorporated herein by reference and made part of the Rules and 

Regulations of the South Coast Air Quality Management District.

(1) The following subsections of 40 CFR Part 52.21 are excluded: (a)(1), (b)(13), 

(b)(14), (b)(15), (b)(55-58), (c), (d), (e), (f), (g), (h), (i)(1)((i-v) and (ix-xi), (i)(6-

8), (k), (l), (m), (o), (p), (q), (s), (t), (u), (v), (w), (x), (y), (z), (aa), and (cc).

(2) The following term found in 40 CFR Part 52.21(b) is revised as follows:

(A) The term “administrator” means:

(i) “federal administrator” in 40 CFR 52.21(b)(17), (b)(37)(i), (b)(43), 

(b)(48)(ii)(c), (b)(50)(i), and (b)(51); and

(ii) Executive Officer elsewhere, as defined in Rule 102.

(d) Requirements

(1) An owner or operator must obtain a PSD permit pursuant to this rule before 

beginning actual construction, as defined in 40 CFR 52.21 (b)(11), of a new major 

stationary source or major modification to an existing major source as defined in

40 CFR 52.21 (b)(1) and (b)(2), respectively.
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(2) Not withstanding the provisions of any other District Rule or Regulation, the 

Executive Officer shall require compliance with this rule, if applicable, prior to 

issuing a PSD permit for GHG emissions as required by CAA Section 165

(e) Public Participation

For major stationary sources subject to Rule 1714, after receipt of a complete application, 

the Executive Officer shall:

(1) Make a preliminary determination whether construction shall be approved, 

approved with conditions, or disapproved;

(2) Make available for public review a copy of 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. The confidentiality of trade secrets shall be considered in 

accordance with Section 6254.7 of the Government Code; 

(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, whether an 

alternative to an EPA approved model was used, and of the opportunity for 

written public comment. The applicant shall be responsible for the distribution of 

the public notice to each address within a 1/4-mile radius of the project or such 

other greater area as determined appropriate by the Executive Officer. The 

applicant shall provide verification to the Executive Officer that the public notice 

has been distributed as required by this Section. The notice shall provide 30 days 

from date of publication for the public to submit written comments;

(4) Send a copy of the notice of public comment to the applicant, the EPA 

Administrator, and to officials and agencies having cognizance over the location 

where the proposed construction would occur as follows: 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 or 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 interested 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;
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(6) Consider all written comments submitted within a time specified in the notice of 

public comment and all comments received at any public hearing(s) in making a 

final decision on the approvability of the application. The Executive Officer shall 

make all comments available for public inspection in the same locations where the 

Executive Officer made available preconstruction information relating to the 

proposed source or modification.

(7) Make a final determination whether construction should be approved, approved 

with conditions, or disapproved; and

(8) Notify the applicant in writing of the final determination and make such 

notification available for public inspection at the same location where the 

Executive Officer made available preconstruction information and public 

comments relating to the source.