Imperial County Air Pollution Control District Rule 904

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RULE 904 PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT 

PROGRAM

(Adopted 06/28/2011; Revised 12/20/2011)

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 

located in areas classified as attainment or in areas that are unclassifiable for any 

criteria air pollutant. 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. 

B. APPLICABILITY

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

source subject to any requirement under 40 Code of Federal Regulations (hereinafter, 

CFR) Part 52.21 as incorporated into this rule.

C. INCORPORATION BY REFERENCE

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

December 20, 2011, are incorporated herein by reference and made part of the Rules 

and Regulations of the District. 

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

(b)(55-58), (f), (g), (p)(6-8), (q), (s), (t), (u), (v), (w), (x), (y), (z) and (cc).

C.2 Exemption, Greenhouse Gas Air Quality Analyses: Greenhouse Gas 

emissions, shall not be subject to the requirements of subsections (k) or 

(m) of 40 CFR Part 52.21.

D. DEFINITIONS

Unless otherwise defined below, the terms used in this rule are defined in 40 CFR Part 

52.21(b):

D.1 The definition of “potential to emit” contained in 40 CFR, Part 52.21(b)(4), 

is revised so that the phrase “is federally enforceable” shall read “is 

federally enforceable or enforceable as a practical matter.”

D.2 The definition of “allowable emissions” contained in 40 CFR, Part 

52.21(b)(16), is revised so that:

D.2.a the phrase “unless the source is subject to federally enforceable 

limits which restrict the operating rate, or hours of operation, or 
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both” shall read, “unless the source is subject to enforceable 

limits which restrict the operating rate, or hours of operation, or 

both.”

D.2.b paragraph (iii) shall read as follows: “The emissions rate 

specified as an enforceable permit condition, including those 

with a future compliance date.”

D.3 The following terms found in 40 CFR Part 52.21(b) are revised as follows:

D.3.a The term “administrator” means:

D.3.a.1 “federal administrator” in 40 C.F.R. 52.21(b)(17), 

(b)(37)(i), (b)(43), (b)(48)(ii)(c), (b)(50)(i), (b)(51), (l)(2) 

and (p)(2); and

D.3.a.2 “APCO/Control Officer” elsewhere, as defined in Rule 

101.

D.3.b The phrase “paragraph (q) of this section” in 40 CFR 52.21(p)(6) 

and (p)(7) shall read as follows: the public notice and comment 

provisions of Rule 206. 

E. REQUIREMENTS

E.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).

E.2 Notwithstanding 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.

E.3 The applicant shall pay the applicable fees specified in District Rule 301.

F. PUBLIC PARTICIPATION

Prior to issuing a federal PSD permit pursuant to this rule and after receipt of a 

complete application, the APCO shall:

F.1 Make a preliminary determination whether construction should be 

approved with conditions or disapproved.
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F.2 Make available at the District office 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.

F.3 Notify the public, by advertisement in a newspaper of general circulation in 

the Imperial 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.

F.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.

F.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.

F.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 for public inspection in the 

same locations where the District made available preconstruction 

information relating to the proposed source or modification.

F.7 Make a final determination whether construction should be approved with 

conditions or disapproved.

F.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.