United States Environmental Protection Agency, Region 9 

Air Division 

Technical Support Document 

for 

EPA's Notice of Proposed Rulemaking 

for the 

California State Implementation Plan 

San Joaquin Valley Unified Air Pollution Control District 

Rule 2410 – Prevention of Significant Deterioration 

Lisa Beckham 

Laura Yannayon 

Reviewed by Gerardo Rios 

May 2012 
Table of Contents 

Section Page

1. Introduction 1 

2. PSD Program SIP Revision Submittal 1 

3. What are the General Requirements of a SIP-Approved PSD Program? 2 

4. Rule Summary 3 

5. Rule Evaluation 4 

6. Program Transfer and Implementation Issues 9 

7. Section 110(a), 110(l), and 193 of the Act 11 

8. Recommendations 11 

9. Attachments 11 

 
Page 1 of 11 

1. Introduction

Part C of title I of the Clean Air Act (CAA or Act) contains the provisions for the Prevention of 

Significant Deterioration (PSD) of air quality in areas designated as “attainment” or 

“unclassifiable” for the national ambient air quality standards (NAAQS). Part D of title I of the Act 

contains the requirements for areas designated “nonattainment” for any of the NAAQS. Both parts 

C and D of the Act require pre-construction permit programs for certain new or modified 

stationary sources of pollutants. The PSD requirements under part C, apply to certain new or 

modified sources that would be located within attainment areas, and apply to all “regulated NSR 

pollutants,” except those pollutants for which an area has been designated as “nonattainment.” The 

requirements under part D, referred to as “Nonattainment New Source Review,” apply to certain 

new or modified sources of nonattainment pollutants in nonattainment areas. Collectively, the 

pre-construction permit requirements related to PSD and Nonattainment New Source Review are 

commonly referred to simply as “New Source Review” or “NSR.” Both of these programs apply to 

“major stationary sources” and “major modifications” as those terms are defined in Title 40 of the 

Code of Federal Regulations (CFR) Part 51, Subpart I. In addition to the regulation of major 

stationary sources, states are also required to adopt a program to provide for the regulation of the 

construction and modification of minor stationary sources and minor modifications at major 

sources, to assure that the NAAQS are achieved and/or maintained. These pre-construction 

program requirements are commonly referred to as “minor NSR” (see 40 CFR 51.160-164). This 

technicalsupport document (TSD) specifically addresses the requirements of Part C of title I of the 

Act and the implementing regulations at 40 CFR 51.166 governing PSD programs in State 

Implementation Plans (SIPs). 

2. PSD Program SIP Revision Submittal

On June 16, 2011, the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or 

District) adopted Rule 2410 – Prevention of Significant Deterioration (see Attachment 1). In a 

letter dated August 23, 2011, the California Air Resources Board (ARB) submitted the rule 

package to Region 9 of the United States Environmental Protection Agency (EPA) as a revision to 

California’s SIP. The ARB is the California governor’s designee for submitting official revisions 

of the California SIP to the EPA. The District currently does not have a SIP-approved PSD 

program. EPA’s approval of the ARB’s SIP submittal package into the California SIP would 

transfer authority and responsibility for implementation of the PSD permitting program from the 

EPA to the SJVUAPCD. 

In a letter dated April 17, 2012, EPA requested that the District provide certain clarifications 

regarding District Rule 2410 and how the District would implement its rules to ensure that its PSD 

program satisfies the requirements of 40 CFR 51.166 for PSD programs (see Attachment 2). The 

letter also requested that the District provide further confirmation and explanation concerning (1) 

the District’s authority, personnel, and funding to implement the PSD program within the District 

pursuant to Clean Air Act Section 110(a)(2)(E)(i), and (2) the District’s request to implement the 

PSD program with respect to existing PSD permits issued by EPA. The District provided the 

requested information in a letter dated May 18, 2012 (see Attachment 3). 
Page 2 of 11 

The August 23, 2011, SIP submittal package was considered complete by operation of law on 

February 23, 2012. 

3. What are the General Requirements of a SIP-Approved PSD Program?

The PSD program is a preconstruction review and permitting program applicable to certain new 

major stationary sources and major modifications at existing stationary sources. The specific 

requirements applicable to SIP-approved PSD programs are contained in 40 CFR 51.166. The PSD 

program applies to any regulated NSR pollutant (as defined in 40 CFR 51.166), except for a 

pollutant in an area designated as nonattainment for a NAAQS. The CAA defines “nonattainment 

areas” as air quality planning areas that exceed the national primary or secondary NAAQS for a 

given criteria pollutant (or that contribute to ambient air quality in a nearby area that does not meet 

the NAAQS). In some instances the emission increases of a particular pollutant may be subject to 

the PSD program and the Nonattainment NSR program. For example, NOx emissions from a 

source in an area designated as attainment for the NO2 NAAQS and nonattainment for the ozone 

NAAQS would be subject to both permitting programs because NOx would be a PSD pollutant as 

well as a precursor to the nonattainment pollutant – ozone. 

The applicability of PSD to a particular source must be determined in advance of construction or 

modification and is pollutant-specific. The primary criteria in determining PSD applicability is 

whether the proposed project is sufficiently large (in terms of its emissions) to be a major 

stationary source or modification, both of which are described below. 

Section 169 of the CAA specifies the emissions threshold, depending on source category, which is 

used to determine whether a source is a “major emitting facility” and subject to PSD. For PSD 

purposes, a “major stationary source” is any source belonging to a specified list of 28 source 

categories

1

that emits or has the potential to emit 100 tons per year (tpy) or more of any air 

pollutant subject to regulation under the CAA, or belonging to any other source category that emits 

or has the potential to emit such pollutants in amounts equal to or greater than 250 tpy. A new 

source with a potential to emit (PTE) at or above the applicable “major stationary source 

threshold” is subject to PSD for any pollutant emitted in “significant” amounts. Significance 

levels, which EPA has promulgated for criteria pollutants and certain other pollutants, represent a 

threshold for a de minimis contribution to air quality problems. When EPA has not set a 

significance level for a pollutant, PSD applies to an increase of the pollutant in any amount (that is, 

in effect, the significance level is treated as zero). 

PSD also applies to existing sources that undertake a “major modification,” which occurs when: 

(1) there is a physical change, or change in the method of operation, at a “major stationary source;” 

(2) the change results in a “significant” emissions increase of a pollutant subject to PSD regulation 

(at or above the significance level that EPA has set for the pollutant); and (3) there is a “significant 

net emissions increase” of a pollutant subject to PSD regulation that is at or above the significance 

level (as defined in 40 CFR 51.166(b)(23)). 

 

1 See 40 CFR 51.166(b)(1)(i) for the 28-source category list. 
Page 3 of 11 

On January 2, 2011, greenhouse gases (GHGs) became subject to regulation under the CAA. 

Based on the definition of “subject to regulation” in 40 CFR 51.166(b)(48), there are specific 

thresholds that determine when GHGs are considered subject to regulation and therefore subject to 

PSD permitting requirements. The emission thresholds for GHGs are: 

1. For a new stationary source, 

a. A PTE of 100,000 tpy of CO2 equivalent emissions (CO2e), OR 

b. An emission increase of 75,000 tpy of CO2e at a source that is a new major 

stationary source for a pollutant other than GHGs. 

2. For an existing stationary source, 

a. An emission increase of 75,000 tpy of CO2e at a source that has a PTE of at least 

100,000 tpy of CO2e, OR 

b. A significant emissions increase of any pollutant other than GHGs and an increase 

of 75,000 tpy of CO2e. 

4. Rule Summary 

Rule 2410 – Prevention of Significant Deterioration applies to pollutants designated as attainment 

or unclassifiable in the SJVUAPCD, as well as to other regulated NSR pollutants. Consistent with 

the requirements for a PSD program, Rule 2410 does not apply to nonattainment pollutants. 

Currently, the District is either attainment or unclassifiable for the PM10, NO2, SO2, CO, and lead 

NAAQS and nonattainment for the ozone and PM2.5 NAAQS. The SJVUAPCD does not take any 

credit in its attainment plans (for ozone and PM2.5) for any emission reductions achieved as part of 

these PSD regulations. 

District Rule 2410 essentially incorporates by reference the federal PSD program as codified in 40 

CFR Part 52.21, which is the Federal Implementation Plan (FIP) used by EPA to implement the 

required PSD program in areas that do not have a SIP-approved PSD program. Rule 2410 is 

comprised of five sections: 

Section 1.0 – Purpose 

Section 2.0 – Applicability 

Section 3.0 – Incorporation by Reference 

Section 4.0 – Requirements 

Section 5.0 – Public Participation 

Section 1.0 outlines the purpose of the rule, which is to implement the PSD program by 

incorporating the federal PSD program by reference. Section 2.0 contains an applicability 

provision that requires any source that is subject to a requirement in 40 CFR 52.21 to comply with 

Rule 2410. With some minor revisions and exceptions, Section 3.0 incorporates by reference the 

provisions of 40 CFR Part 52.21 as they were written on June 16, 2011. Section 4.0 identifies the 

requirements necessary to administer the program. Section 5.0 requires the District to meet the 

public noticing requirements of District Rule 2201 prior to issuance of a PSD permit. 
Page 4 of 11 

5. Rule Evaluation

We reviewed the SIP submittal for Rule 2410 – Prevention of Significant Deterioration to ensure 

that it meets the requirements of title I of the Act, specifically part C (sections 160 through 169B), 

and current implementing regulations at 40 CFR 51.166. EPA has condensed the approval criteria 

contained in these various materials in this TSD, which describes the basis for our proposed action 

on the rule submittal. 

5.1. District Rule 2410 – Prevention of Significant Deterioration

The Act requires all states to submit a PSD program consistent with the requirements of 40 CFR 

51.166. EPA’s evaluation of Rule 2410 and how it meets the requirements for a PSD program is 

included in the attached document, Evaluation of 40 CFR 51.166 and District Rule 2410 for the 

SJVUAPCD (Evaluation) (see Attachment 4). In general, Rule 2410 does this by incorporating by 

reference the specific provisions of 40 CFR 52.21 that are necessary to implement a state PSD 

program. As mentioned above, 40 CFR 52.21 contains the FIP used by EPA to implement the 

required PSD program in areas that do not have a SIP-approved PSD program. EPA considers the 

provisions of 40 CFR 52.21 to generally be consistent with the requirements of 40 CFR 51.166. 

Therefore, only those provisions of Rule 2410 which warrant additional review are discussed 

below. 

5.2. Exclusions 

Section 3.1 of Rule 2410 excludes the following paragraphs from its incorporation by reference of 

40 CFR 52.21: 

• (a)(1) – Plan disapproval 

• (b)(55-58) and (cc) – equipment replacement program (ERP) provisions which were 

vacated by the United States Circuit Court of Appeals for the District of Columbia on 

March 17, 2006 

• (g) – Redesignation 

• (i)(1)(i-v, ix-x) and (i)(6-8) – Exemptions 

• (p)(6-8) – Class I variances by the Governor 

• (q) – Public participation 

• (s) – Environmental impact statements 

• (t) – Disputed permits or redesignations 

• (u) – Delegation of authority 

• (w) – Permit rescission 

• (f), (x), (y), and (z) – “[Reserved]” 

EPA has reviewed these exclusions and, except for paragraph (q), concurs that these excluded 

paragraphs are not necessary to implement a state PSD program. 

A SIP-approved PSD program is required to include certain public participation requirements 

found in 40 CFR 51.166(q). Instead of incorporating the public participation requirements found in 
Page 5 of 11 

40 CFR 52.21(q), the District specified the applicable public participation requirements in Section 

5.0 of Rule 2410. The public participation requirements are further discussed in Section 5.5 of this 

TSD. 

5.3. Revised Definitions and Terms 

5.3.1. Definitions in 40 CFR 52.21(b) 

Section 3.2 of Rule 2410 revises the definitions incorporated by reference from 40 CFR Part 

52.21(b), as follows: 

• The definition of “potential to emit” in 40 CFR 52.21(b)(4) is revised so that the phrase 

“is federally enforceable” instead reads “is federally enforceable or enforceable as a 

practical matter”. 

• The definition of “allowable emissions” in 40 CFR 52.21(b)(16) is revised so that the 

language reading “unless the source is subject to federally enforceable limits which 

restrict the operating rate, or hours of operation, or both” instead reads “unless the 

source is subject to enforceable limits which restrict the operation rate, or hours of 

operation, or both”. 

• Paragraph (iii) of the definition for “allowable emissions” was revised to read “The 

emissions rate specified as an enforceable permit condition, including those with a 

future compliance date.” 

SIP-approved PSD programs must use the definitions provided in 40 CFR 51.166(b), except that 

deviations are approvable if demonstrated to be more stringent, or at least as stringent, as the 

definition provided. The revisions made by the District to the definitions described above further 

clarify “federally enforceable”. We find these revisions to be at least as stringent as the definitions 

in 40 CFR 51.166(b). 

5.3.2. Administrator 

Section 3.3 of Rule 2410 revises the term “administrator” incorporated by reference from 40 CFR 

52.21, as follows: 

• It defines the term “administrator” to mean “Federal administrator” in 40 CFR 

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

• It otherwise defines the term “administrator” to mean “Air Pollution Control Officer 

(APCO)”, consistent with the existing definition in District Rule 1020 – Definitions. 

Because 40 CFR 52.21 was written to provide a framework for EPA to administer the PSD 

program in areas that do not have a SIP-approved PSD program, the term “Administrator” as used 

in section 52.21 refers to the EPA Administrator. Upon EPA’s approval of the District’s PSD SIP 
Page 6 of 11 

submittal, the SJVUAPCD will be administering the PSD program within the District, but certain 

authorities are retained for the EPA Administrator, per 40 CFR 51.166. Therefore, the District’s 

revisions described above are intended to differentiate between those provisions that will apply to 

the District as the entity that will administer the PSD program and those that will continue to refer 

to EPA (as the “Federal administrator”). We find these revisions acceptable. 

We note that Rule 2410, Section 3.3 refers only to paragraph (b) of 40 CFR 52.21 when revising 

the term “administrator”. However, in Section 3.3.1.1 of the rule, instances of the term 

“administrator” are also revised with respect to paragraphs (l) and (p) of section 52.21. This 

appears to be a typographical error and we recommend that the District revise Section 3.3 to 

remove the reference to paragraph (b) the next time the rule is revised.

5.3.3. References to 40 CFR 52.21(q) 

Sections 3.4 and 3.5 of Rule 2410 revise paragraphs (l) and (p) from 40 CFR 52.21 as incorporated 

by reference, to allow the SJVUAPCD to use its existing public notice procedures to issue PSD 

permits: 

• The rule changes the phrase “procedures developed in accordance with paragraph (q) 

of this section” in 40 CFR 52.21(l)(1) to read as follows: “the public notice and 

comment provisions of District Rule 2201, Section 5.5.1 through 5.5.6, and Sections 

5.9.1.1 through 5.9.1.5.” 

• The rule changes the phrase “paragraph (q) of this section” in 40 CFR 52.21(p)(1) to 

read as follows: “District Rule 2201, Section 5.5.1 through 5.5.6, and Section 5.9.1.1 

through 5.9.1.5.” 

These revisions are necessary because the District will use its existing SIP-approved public notice 

procedures instead of the procedures in paragraph (q) of 40 CFR 52.21. We note that the phrase 

“procedures developed in accordance with paragraph (q) of this section” appears in paragraph 

(l)(2) of 40 CFR 52.21 and not (l)(1). This appears to be a typographical error and we recommend 

the District revise Section 3.4 the next time Rule 2410 is revised. 

5.4. Additional Requirements 

Section 4.0 of Rule 2410 includes additional requirements beyond those specifically included in 

40 CFR 52.21 that the District finds necessary to administer the PSD program. These requirements 

include: 

• PSD permits shall be issued pursuant to Rule 2410 prior to 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); 

• The air pollution control officer (APCO) shall require compliance with Rule 2410 prior 

to issuing a PSD permit; 
Page 7 of 11 

• District Regulation II shall be used to incorporate and make enforceable the 

requirements of Rule 2410 through authority to construct permits and permits to 

operate; and 

• Applicants shall pay the applicable fees specified in District Regulation II. 

EPA has reviewed these requirements and determined they are consistent with the requirements of 

40 CFR 40 CFR 51.166. 

5.5. Public Participation 

EPA’s Evaluation provides an analysis of how the District meets the requirements of 40 CFR 

51.166(q) for public participation. The District currently issues and revises permits according to 

SIP-approved regulations in District Rule 2201 of Regulation II. Rule 2410, Section 4.3 requires 

the District to issue PSD permits through authority to construct permits according to the permitting 

requirements of Regulation II of the District’s Rules and Regulations. In a letter dated May 18, 

2012, the District clarified how the District’s current regulations meet the requirements of 40 CFR 

51.166(q) (see Attachment 3). Only those requirements that warrant additional discussion are 

described below. 

5.5.1. Notify the Public 

• 40 CFR 51.166(q)(2)(iii) – Notify the public, by advertisement in a newspaper of general 

circulation in each region in which the proposed source would be constructed, of the 

application, the preliminary determination, the degree of increment consumption that is 

expected from the source or modification, and of the opportunity for comment at a public 

hearing as well as written public comment. 

The District meets these requirements in Rule 2201, Sections 5.5.1, 5.9.1.2.1, 5.9.1.2.3, 5.9.1.2.4, 

5.9.1.2.5, and 5.9.1.2.6. We note however, that the District’s rules do not specifically state that the 

District must notify the public of the “degree of increment consumption that is expected from the 

source or modification”. An increment analysis is required by Rule 2410, which incorporates by 

reference 40 CFR 52.21(k)(1)(ii), to demonstrate that the allowable emission increases from the 

proposed source or modification would not cause or contribute to air pollution in violation of any 

applicable maximum allowable increase (increment) over the baseline concentration in any area. 

The District confirmed that the District’s regulations already require the notice to include the 

“emissions change involved in the permit action” and that for PSD permits that would include the 

“degree of increment consumption expected from the source or modification”. The District has 

committed to ensuring that its public notice for PSD permits will include the “degree of increment 

consumption that is expected from the source or modification” and will revise Rule 2410, for 

clarity, the next time the rule is open for revision. 
Page 8 of 11 

5.5.2. Interested Parties 

• 40 CFR 51.166(q)(2)(iv) – Send a copy of the notice of public comment to the applicant, 

the Administrator and to officials and agencies having cognizance over the location where 

the proposed construction would occur as follows: 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. 

The District addresses these requirements through District Rule 2201, Sections 5.5.2, 5.5.3, and 

5.9.1.1 and by its incorporation by reference of 40 CFR 52.21(p)(1). These sections broadly 

require notifying various persons, agencies and “interested parties”, but do not specifically state 

that notice must be given to the parties listed in 40 CFR 51.166(q)(2)(iv). The District has 

confirmed that for PSD permits its public notice will be provided to all of the interested parties 

listed in 40 CFR 51.166(q)(2)(iv). Therefore, the District has committed to ensuring all of the 

parties listed in paragraph (iv) are notified for PSD permits and will revise Rule 2410, for clarity, 

the next time the rule is open for revision. 

5.6. Notice to EPA– 40 CFR 51.166(p)(1) 

40 CFR 51.166(p)(1) requires the reviewing authority to provide notice to the EPA of every action 

related to the consideration of a PSD permit: 

Notice to EPA. The plan shall provide that the reviewing authority shall transmit to the 

Administrator a copy of each permit application relating to a major stationary source or 

major modification and provide notice to the Administrator of every action related to the 

consideration of such permit. 

The District confirmed this requirement is addressed to a certain extent by its incorporation by 

reference of 40 CFR 52.21(p)(2), which requires (see Attachment 3): 

(2) Federal Land Manager. The Federal Land Manager and the Federal official charged 

with direct responsibility for management of such lands have an affirmative responsibility 

to protect the air quality related values (including visibility) of such lands and to consider, 

in consultation with the Administrator, whether a proposed source or modification 

would have an adverse impact on such values. (emphasis added) 

As discussed above in Section 5.3.2.1, the reference to “Administrator” in 40 CFR 52.21(p)(2) 

refers to the Federal administrator and not the APCO. In its letter, the District confirmed that in 

order to ensure the Federal Land Manager (FLM) can work “in consultation with the 

Administrator”, the District will also provide notice to the EPA of the application and preliminary 

determination information that is already required to be provided to the FLM by 40 CFR 

52.21(p)(1). The District committed to providing the application transmittals and notices to EPA 

required by 40 CFR 51.166(p)(1), and further committed to revising Rule 2410, for clarity, to 
Page 9 of 11 

specifically incorporate the provisions in 40 CFR 51.166(p)(1) the next time Rule 2410 is open for 

revisions. 

5.7. Revisions to 40 CFR 52.21 Since Incorporation by Reference 

Rule 2410 incorporates 40 CFR 52.21 by reference as in effect on June 20, 2011. On July 20, 2011, 

the definition of “subject to regulation” was revised in 40 CFR 51.166(b)(48)(ii)(a) and 40 CFR 

52.21(b)(49)(ii)(a) to exclude the applicability of CO2 emissions from biogenic sources from 

being considered “subject to regulation” until July 21, 2014. Because Rule 2410 was adopted prior 

to this federal rule revision, Rule 2410 does not include this provision. However, because the 

District’s definition is more stringent than the revised definition in 40 CFR 51.166, we find this 

difference acceptable.

5.8. Definition of Stationary Source in Rule 2410 and Rule 2210

We note that the definition of “stationary source” in in 40 CFR 52.21(b)(5), as incorporated by 

reference in Rule 2410, is different than the definition historically used by the District in Rule 

2201 for issuing NSR permits. Rule 2201, Section 3.39.4 includes in the definition of “stationary 

source” emission units which: 

“Are located on one or more properties wholly within either the Western Kern County Oil 

Fields or the Central Kern County Oil Fields or Fresno County Oil Fields and are used for 

the production of light oil, heavy oil or gas. Notwithstanding the provisions of this 

definition, light oil production, heavy oil production, and gas production shall constitute 

separate Stationary Sources.” 

While the District will rely on Rule 2201 for application processing and public participation 

procedures for issuing PSD permits, this does not affect the requirement to use the definition of 

“stationary source” in 40 CFR 52.21(b)(5) that has been incorporated by reference through Rule 

2410. Because Section 4.1 of Rule 2410 requires an owner or operator to obtain a PSD permit 

pursuant to Rule 2410, the definition of “stationary source” in Rule 2201, Section 3.39.4 will not 

apply to the District’s PSD program. 

6. Program Transfer and Implementation Issues

As discussed above, in a letter dated April 17, 2012, EPA requested, among other things, that the 

District provide further confirmation and explanation concerning (1) the District’s authority, 

personnel, and funding to implement the PSD program within the District pursuant to CAA 

Section 110(a)(2)(E)(i), and (2) the District’s request to implement the PSD program with respect 

to existing PSD permits issued by EPA. The District provided the requested information in a letter 

dated May 18, 2012 (see Attachment 3). 

In its letter, the SJVUAPCD confirmed that, as part of, and concurrent with, EPA’s approval of the 

District’s PSD program into the SIP, the District is requesting approval to exercise its authority to 

administer the PSD program with respect to those sources located in the District that have existing 
Page 10 of 11 

PSD permits issued by EPA. This would include authority to conduct general administration of 

these existing permits, authority to process and issue any and all subsequent PSD permit actions 

relating to such permits including, for example, modifications, amendments, or revisions of any 

nature, and authority to enforce such permits. 

Pursuant to section 110(a)(2)(E)(i) of the Act, the District’s previous submittals and its letter 

demonstrate that the District has the authority under State statute and/or rule to administer the PSD 

permit program, including but not limited to the authority to administer, process and issue any and 

all permit decisions, and enforce PSD permit requirements. This applies to PSD permits the 

District will issue and to existing PSD permits issued by EPA within the District transferred by 

EPA to the District for implementation pursuant to EPA’s approval of this PSD SIP submittal. 

The District’s letter also demonstrates that the District has adequate personnel and funding to 

administer, implement and enforce the PSD program. 

The existing PSD permits issued by EPA for which EPA currently anticipates that responsibility 

would be transferred to the District immediately upon the effective date of an EPA final action 

approving the SJVUAPCD PSD SIP submittal are identified in Attachment 5 to this TSD. EPA 

intends to provide a copy of these permits to the District prior to the effective date of the final SIP 

approval. In addition, EPA will assume the oversight role of the District’s PSD permitting 

program, as intended by the Act. 

6.1. PSD Permits Awaiting Final Agency Action and/or Potentially Subject to Appeal or 

Further Processing by EPA 

In order to promote an orderly transition of the PSD program from the EPA to the District, the 

efficient use of the District’s and EPA’s resources, and certainty for the regulated community and 

the public, EPA believes it is appropriate to transfer PSD permitting implementation authority to 

the District for most PSD permits previously issued by EPA within the District. For the same 

reasons, EPA also proposes to retain PSD permit implementation authority for those specific 

sources within the District that have submitted PSD permit applications to EPA and for which 

EPA has issued a proposed permit decision, but for which final agency action and/or the 

exhaustion of all administrative and judicial appeals processes (including any associated remand 

actions) have been not yet been concluded or completed upon the effective date of EPA’s final 

action on the District’s PSD SIP submittal. If EPA approves the District's PSD SIP submittal as 

proposed, the District would assume full PSD responsibility for the administration and 

implementation of such PSD permits immediately upon notification from EPA that all 

administrative and judicial appeals processes and any associated remand actions have been 

completed or concluded for any such permit application.

2

The District has notified EPA that it 

concurs with this approach. 

 

2 Additionally, any PSD permit applicationsfor sources within the District that have been submitted to EPA for which 

EPA has not yet issued a proposed permit decision will be transferred to the District for processing upon the effective 

date of approval of the District’s PSD SIP submittal. 
Page 11 of 11 

7. Sections 110(a), 110(l), and 193 of the Act

CAA section 110(a) requires, among other things, that the requirements of SIP rules be 

enforceable. Sources subject to District Rule 2410 are required to meet emission limits and other 

measures for the prevention of significant deterioration of air quality, which meets the 

enforceability requirement in section 110(a). 

We have also evaluated this SIP revision to determine whether it would interfere with any 

applicable requirement concerning attainment and reasonable further progress (RFP) or any other 

applicable requirement of the Act (CAA section 110(l)) or whether it would modify, in a 

nonattainment area, any SIP-approved control requirement in effect before November 15, 1990 

(CAA section 193). 

We find that our approval of the submittal would comply with CAA section 110(l), because the 

SIP, as revised to reflect the submitted revision, would provide for RFP and attainment of the 

NAAQS, and the requirements of the PSD SIP revision are essentially equivalent to, and at least as 

stringent as, those of the FIP codified in 40 CFR Part 52.21 and used to date by EPA to implement 

the required PSD program within the District. As described elsewhere in this document, approval 

of this SIP submittal would merely result in the transfer of authority for the PSD program from the 

EPA to the District, and therefore would not result in any substantive changes to the PSD program 

requirements, other CAA requirements, or air quality. 

Further, section 193 of the CAA does not apply to this proposed action because this submittal to 

incorporate PSD requirements into the SIP does not address nonattainment pollutants. 

8. Recommendations

Pursuant to section 110(k)(3) of the Act, we recommend full approval of District Rule 2410 – 

Prevention of Significant Deterioration. We recommend approval based on our determination that 

the submittal complies with the applicable statutory and regulatory provisions requiring regulation 

of major stationary sources, in particular, part C of title I of the Act. If we finalize this action as 

proposed, our action would be codified through revisions to 40 CFR 52.220 – Identification of 

plan and 40 CFR 52.270 – Significant deterioration of air quality. 

9. Attachments 

• Attachment 1 – Rule 2410 – Prevention of Significant Deterioration

• Attachment 2 – Letter dated April 17, 2012, from Gerardo Rios, Chief, Air Permits Office 

to Dave Warner, San Joaquin Valley APCD 

• Attachment 3 – Letter dated May 18, 2012, from Dave Warner, Director of Permit 

Services, San Joaquin Valley APCD, to Gerardo Rios, Chief, Air Permits Office 

• Attachment 4 – Evaluation of 40 CFR 51.166 and District Rule 2410 for the SJVUAPCD, 

EPA Region 9, May 2012. 

• Attachment 5 – List of EPA-issued PSD Permits, EPA Region 9, May 2012