# BOARD OF DIRECTORS AIR POLLUTION CONTROL DISTRICT COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA

22 day January , 2014

RESOLUTION NO. 2014-3

RESOLUTION OF THE AIR POLLUTION CONTROL BOARD AMENDING THE RULES AND REGULATIONS OF THE SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT TO ADOPT REVISIONS TO RULE 220, PREVENTION OF SIGNIFICANT DETERIORATION

The following resolution is hereby offered and read:
WHEREAS, a revision of the Air Pollution Control District's Rules and Regulations is needed to align District Rules with new federal provisions and to allow delegation of federal permitting to the
District; and WHEREAS, this Board finds that the Rule ha s been composed and amended to the extent reasonably practicable, and are written in plain Eng lish wherever feasible, in order to assure that the Rule can be easily understood by the pers ons directly affected by said Rule; and
WHEREAS, Section 40001 of the California Health and Safety code establishes authority for the District to adopt the Rule; and
WHEREAS, the Rule, as written and amended, is consistent with existing statutes, court decisions, and State and Federal Regulations; and
WHEREAS, the Rule, as written and amended, does not result in duplication of existing State or Federal statutes or regulations in that the Ru le does not impose the same requirements as an existing State or Federal Regulation, except to the extent that the Rule is necessary or proper to execute the powers and duties granted to and imposed upon the District; and
WHEREAS, the Rule, as written and amended, is exempt from CEQA under section 15061(b)(3) of the CEQA guidelines because it can be seen with certainty that there is no possibility that these changes may have a significant effect on the envi ronment. The proposed changes do not establish new requirements or require modifications to facilities; andWHEREAS, 

### the Board has on 

### this date held and conducted a 

### duly noticed Public Hearing on

said 

### amendments to the Rules 

### and Regulations of 

### the San Luis Obispo County 

### Air Pollution Control


### District and has 

### determined the necessity 

### for said amendments.
WHEREAS, 

### the District has complied 

### with H&SC Sections 40725 

### through 40728 in 

### adopting

these regulatory changes; and
NOW, THEREFORE, BE lT RESOLVED AND ORDERED by 

### the Air Pollution Control Board of 

### the

San Luis Obispo County 

### Air Pollution Control District 

### that amendments 

### to 

### the District Rules and Regulations, specifically Rule 220, 

### attached hereto, and 

### incorporated by 

### reference herein as Exhibit

A, 

### are hereby 

### adopted 

### to be effective on January 

### 22,2014.

On 

### motion 

### of 

### Director Noah Smukler seconded by 

### Director 

### Jan 

## l{arx

and passed and 

### adopted on 

### the following roll call vote: 

## Arra<. 

## Directors Arnold, 

## Costello, Gibson, flanon, g11l-, 

# llarx, Bright, Snukler, 

# "''-' Ray, 

## llaage, Chalrperson Fonzi NOeS: None.



### Absent: 

## Di.rector Uecham 

### Abstaining: None.

Attest:



### Approved as 

### to Form 

### and Legal Effect: Chair, 

### Air Pollution Contt i stri ct Board San Luis Obispo County

Acting erk, 

### Air Pollution Control District Board

Raymonp A. Biering 

### District Cou nsel

Date:San Luis Obispo County APCD 220-1 1/22/2014 RULE 220. FEDERAL PREVENTION OF SIGNIFICANT DETERIORATION (Adopted 3/23/11; Last revision 1/22/2014)

A. Purpose
The federal 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 attain ment or in areas that are unclassifiable for any criteria air pollutant. The application, processing requirements and procedures are those contained in District Rules 202 through 214 unless otherwise superseded by this rule. The intent of this Rule is to incorpor ate the federal PSD rule requirements into the District’s Rules and Regulations by incorporat ing the federal requirements by reference.

B. Applicability
The provisions of this rule shall apply to any source and the owner or operator of any source subject to any requirement under Ti tle 40 of the Code of Federal Regulations (hereinafter, 40 CFR) Part 52.21 as incorporated into this rule.

C. Incorporation by Reference

Except as provided below, the provisions of 40 CFR Part 52.21, in effect January 22, 2014, are incorporated herein by reference and made part of the Rules and Regulations of the San Luis Obispo Air Pollution Control District.
1. The following subsections of 40 CFR Part 52. 21 are excluded: (a)(1), (b)(55-58), (f), (g), (k)(2), (p)(6-8), (q), (s), (t), (u), (v), (w), (x), (y), (z) and (cc).
2. The following incorporated provisions of 40 CFR Part 52.21(b) are revised as follows:

a. The term “administrator” shall read as follows:

1) “ EPA 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

2) “Control Officer” elsewhere, as defined in Rule 105, Definitions.

b. The phrase “paragraph (q) of this section” in 40 CFR 52.21(p)(1) and (1)(2) shall read as follows: the public notice and comment provisions of Rule 220, Section E.
c. The definition of the term “Subject to regulation” as defined in 40 CFR 52.21(b)(49)(ii)(a) shall be read as: “Multiplying the mass amount of emissions (tpy), for each of the six greenhouse ga ses in the pollutant GHGs, by the gas’s associated global warming potential pu blished at Table A-1 to subpart A of part 98 of this chapter--Global Warming Potentials.”San Luis Obispo County APCD 220-2 1/22/2014 d. The subparagraph in 40 CFR 52.21(i)(5)(i)(c) shall be revised to read as: “PM 2.5 - -no de minimis air quality level is provided;”. D. Requirements:

1. The Control Officer shall provide writte n notice of any permit application for a proposed major stationary source or major modification to the EPA administrator. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for a permit to construct.

2. The Control Officer shall determine whether an application is complete not later than 30 days after receipt of the application or after such longer time as both the applicant and the Control Officer may agree. If the Control Officer determines that the application is not complete, the applic ant shall be notified in writing of the decision specifying the information that is required. Upon receipt of any resubmittal of the application, a new 30-day period to determine completeness shall begin. Upon determination that the application is complete, the Control Officer shall notify the applicant in writing. The date of rece ipt of the application shall be the date on which the reviewing authority received all required information.

3. An owner or operator must obtain a pr evention of significant deterioration (PSD) permit pursuant to this Rule before begi nning actual construction of a new major stationary source, a major modification, or a PAL major modification, as defined in 40 CFR 52.21(b).
4. Not withstanding the provisions of any other District Rule or Regulation, the APCO/Control Officer shall require compliance with this rule prior to issuing a federal Prevention of Significant Deterioration permit as required by Clean Air Act (CAA) Section 165.
5. The applicant shall pay the applicable fees specified in District Rule 301 Fees and Rule 302, Schedule of Fees.

6. Greenhouse gas emissions shall not be subj ect to the requirements of subsections (k) or (m) of 40 CFR Part 52.21 in effect on January 22, 2014.

E. Public Participation:
1. Prior to issuing a federal PSD permit pursuant to this rule and within one year after receipt of a complete application, the APCO/Control Officer shall:

a. Make a preliminary determination whethe r construction should be approved with conditions or disapproved.

b. Make available in at least one location in San Luis Obispo County in which the proposed source would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determ ination, a copy of the proposed permitSan Luis Obispo County APCD 220-3 1/22/2014 and a copy or summary of other material s, if any, considered in making the preliminary determination.
c. Notify the public, by advertisement in a newspaper of general circulation in San Luis Obispo County, of the application, the preliminary determination, the degree of increment consumption that is expected from the source or modification, the opportunity for comment at a public hearing 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 emission s from the source or modification.

e. Provide opportunity for a public hearing fo r 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/Control Officer’s judgment such a hearing is warranted.

f. Consider all written comments that were su bmitted within 30 days after the notice of public comment is published and all comment s received at any public hearing(s) in making a final decision on the approvability of the application and make all comments available, including the District’s response to the comments, for public inspection in the same locations where th e 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.
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.