1714

- 1 Adop t ed November 5 , 2010

RULE 1714

. PREVENTION OF SIGNIFICANT DETERIORATION FOR

GREENHOUSE GASES

(a) Purpose
This rule sets forth preconst ruction 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 re gulated for the purpose
of P revention of S ignificant D eterioration (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 requirement s 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 incorporate d herein by reference and made part of th e 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

- x i ), (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 Pa rt 52.21(b) is revised as follows : ( A ) The term “administrator” means: ( i ) “federal administr ator” 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 r ule before beginn ing actual construction , as defined in 40 CFR 52.21 (b)(11), of a ne w major stationary source or major modification to an existing major source as defined in 40 CFR 52.21 (b)(1) and (b)(2), respectively

.Rule 1714 (Adopted November 5, 2010)

1714

- 2 ( 2 ) Not withstanding the provisions of any other Di str ict Rule or Regulation, the
Executive Officer shall require compliance with this rule, if applicable, prior to issuing a PSD permit for GHG emission s as required by CAA Section 165

(e) Public Participation For major stationar y sources subject to Rule 17 14, 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 ap plicant 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

acc ordance 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 pro vide 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 c onstruction 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 s ource, alternatives to it, the control technology required, and other appropriate considerations;Rule 1714 (Adopted November 5, 2010)

1714

- 3 (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 maki ng 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

propose d 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 i nspection at the same location where the Executive Officer made available preconstruction information and public comments relating to the source.