Placer County APCD 518 - 1 Rules and Regulations

RULE 518 PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT 

PROGRAM

Adopted 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 PARTICIPATION
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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 Rule 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 of 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 GASES, 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 “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

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 The 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 Paragraph (iii) shall read as follows: “The emissions rate specified as an 

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

203 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”. 

204 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.”
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.

300 STANDARDS

301 REQUIREMENTS:

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 

defined 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 

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.

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 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.

401.5 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.

401.6 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.

401.7 Make a final determination whether construction should be approved with 

conditions or disapproved.
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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.
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