Placer County APCD 518

- 1 Rules and Regulations 

### RULE 518 PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT

PROGRAM

A dopted February 10, 2011

CONTENTS

100 GENERAL

101 PURPOSE

102 APPLICABILITY

103 INCORPORATION BY REFERENCE

104 EXEMPTION, GREENHOUSE GAS AIR QUALITY ANALYSES

200 DEFINITIONS

201 ADMINISTRATOR

202 ALLOWABLE EMISSIONS

203 PARAGRAPH (q)

204 POTENTIAL TO EMIT

300 STANDARDS

301 REQUIREMENTS

400 ADMINISTRATIVE REQUIREMENTS

401 PUBLIC PARTICIPATIONRules and Regulations 518

- 2 Placer County APCD This Page Intentionally Left BlankPlacer County APCD Rules and Regulations 518

- 3 100 GENERAL

101 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 Rul e is to incorporate the federal PSD rule

requirements into the District’s Rules and Regulations by incorporating the federal

requirements by reference.

102 APPLICABILITY: The provisions of this rule shall apply to any source and the owner or

operator o f any source subject to any requirement under 40 Code of Federal Regulations

(CFR) Part 52.21 as incorporated into this rule.

103 INCORPORATION BY REFERENCE: Except as provided below, the provisions of Title

40 of the Code of Federal Regulations (CFR) Part 52.21, in effect February 10, 2011 are

incorporated herein by reference and made part of the Rules and Regulations of the

Placer County Air Pollution Control District.

103.1 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).

104 EXEMPTION, GREENHOUSE GAS AIR QUALITY ANALYSES: Greenhouse gas

emissions, as defined in Rule 517, PERMITTING REQUIREMENTS FOR STATIONARY

SOURCES EMITTING GREENHOUSE GASE S, shall not be subject to the requirements

of subsections (k) or (m) of 40 CFR Part 52.21.

200 DEFINITIONS : Unless otherwise defined below, the terms used in this rule are defined in 40

CFR Part 52.21(b):

201 ADMINISTRATOR : The term “administrator” means:

201.1 “ F ederal A dministrator” 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

201.2 “ Air Pollution Control Officer (APCO) ” elsewhere, as defined in District Rule 102

, DEFINITIONS

.

202 ALLOWABLE EMISSIONS : The definition of “allowable emissions” contained in 40

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

202.1 T he 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.”

202.2 P aragraph (iii) shall read as follows: “The emissions rate specified as an

enforceab le permit condition, including those with a future compliance date.”

20 3 PARAGRAPH (q) : The phrase “paragraph (q) of this section” in 40 CFR 52.21(p)( 1 )

shall read as follows: “ the public notice and comment provisions of Rule 502, NEW

SOURCE REVIEW ”

.

20 4 POTENTIAL TO EMIT : 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.”Rules and Regulations 518

- 4 Placer County APCD . 300 STANDARDS

301 R EQUIREMENTS:

301.1 An owner or operator must obtain a 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

define d in 40 CFR 52.21(b).

301.2 Not withstanding 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.

301. 3 The applicant shall pay the applicable fees specified in District Rule 601,

PERMIT FEES

.

400 ADMINISTRATIVE REQUIREMENTS

401 PUBLIC PARTICIPATION : Prior to issuing a federal PSD permit pursuant to this rule

and after receipt of a complete application, the APCO shall:

401.1 Make a preliminary determination whether construction should be approved with

conditions or disapproved.

401.2 Make available at the District office a copy of all materials the applicant

subm itted, 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.

401.3 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, and of the

opportunity for written public comment.

401.4 Send a copy of the notice of pub lic 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.

401.5 Provide opportunity for a public hearing for persons to app ear 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.

401.6 Consider all written c omments 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 insp ection in the same locations where

the District made available preconstruction information relating to the proposed

source or modification.

401.7 Make a final determination whether construction should be approved with

conditions or disapproved.Placer County APCD Rules and Regulations 518

- 5 401.8 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.Rules and Regulations 518

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