Imperial County Air Pollution Control District Rule 904

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- 1 RULE 904 PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT

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

A. PURPOSE

The P revention of S ignificant D eterioration (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 R ule is to incorporate the federal PSD rule requirements into the District’s Rules and Regulations by incorporating the federal requirements by reference.

B. APPLICAB I LITY

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. INCORP O RATION 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 excl uded: (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 G as emissions, shall not be subject to the requirements of subsections (k) or (m) of 40 CFR Par t 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” s hall 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, orImperial County Air Pollution Control District Rule 904

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- 2 both” shall read, “unless the source is subject to enforceable limits which restrict the operating rate, or hours of operatio n, 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 “adm inistrator” 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. R EQUIREMENTS

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. P UBLIC 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.Imperial County Air Pollution Control District Rule 904

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- 3 F.2 Make av ailable 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 No tify 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

executi ves 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 Prov ide 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 suc h 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 b e approved with conditions or disapproved.

F.8 N otify 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.