FEATHER RIVER AQMD 10.10

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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 D istrict

. 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),FEATHER RIVER AQMD 10.10

- 2 (b)(48)(ii)(c), (b)(50)(i), (b)(51), (l)(2) an d (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. Paragra ph (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 pu blic 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 enforceab le 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 Plant wide 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 requir ed 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:FEATHER RIVER AQMD 10.10

- 3 a. Make a preliminary determination whether construction should be approved with conditions or disapproved.

b. Make available at the Distric t 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 adv ertisement 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. Se nd 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 wher e 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 hea ring 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. Consid er 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.FEATHER RIVER AQMD 10.10

- 4 h. 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.