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RULE 10.10 – Prevention of Significant Deterioration

A. PURPOSE (Proposed adoption 8/1/2011)

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 (Proposed adoption 8/1/2011)

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.

C. INCORPORATION BY REFERENCE (Proposed adoption 8/1/2011)

Except as provided below, the provisions of Title 40 of the 

Code of Federal Regulations (CFR) Part 52.21, in effect 

August 1, 2011 are incorporated herein by reference and 

made part of the Rules and Regulations of the Feather River 

Air Quality Management 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).

D. EXEMPTION, GREENHOUSE GAS AIR QUALITY ANALYSES: (Proposed adoption 

8/1/2011)

Greenhouse gas emissions, as defined in Rule 10.11, 

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.

E. DEFINITIONS (Proposed adoption 8/1/2011)

Unless otherwise defined below, the terms used in this rule 

are defined in 40 CFR Part 52.21(b):

E.1 Administrator: The term “administrator” means:

a. “Federal Administrator” in 40 C.F.R. 

52.21(b)(17), (b)(37)(i), (b)(43), 
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(b)(48)(ii)(c), (b)(50)(i), (b)(51), (l)(2) and 

(p)(2); and

b. “Air Pollution Control Officer (APCO)” elsewhere, 

as defined in District Rule 1.1, DEFINITIONS.

E.2 Allowable Emissions: The definition of “allowable 

emissions” contained in 40 CFR, Part 52.21(b)(16), is 

revised so that:

a. 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.”

b. Paragraph (iii) shall read as follows: “The 

emissions rate specified as an enforceable permit 

condition, including those with a future 

compliance date.”

E.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 

10.1, NEW SOURCE REVIEW”.

E.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.

F. REQUIREMENTS (Proposed adoption 8/1/2011)

F.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).

F.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.

F.3 The applicant shall pay the applicable fees specified 

in Regulation VII, FEES.

G. ADMINISTRATIVE REQUIREMENTS (Proposed adoption 8/1/2011)

G.1 Public Participation: Prior to issuing a federal PSD 

permit pursuant to this rule and after receipt of a 

complete application, the APCO shall:
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a. Make a preliminary determination whether 

construction should be approved with conditions 

or disapproved.

b. 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.

c. 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.

d. 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.

e. 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. 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.

g. Make a final determination whether construction 

should be approved with conditions or 

disapproved.
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h. 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.