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09/05/12 R ule 221

. P REVENTION OF SIGNIFICANT DETERIORATION (PSD)
PERMIT REQUIREMENTS FOR NEW MAJOR FACILITIES OR MAJOR

MODIFICATIONS IN ATTAINMENT OR UNCLASSIFIABLE AREAS

Adopted : 09/05/12

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 attainment or in areas that are unclassifiable for any criteria air pollutant. The application, processing requirements and procedures are

those contained in District Rules 200 through 2 05 unless otherwise superseded by federal regulation. 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

The provisions of this rule shall apply to any source and the owner or ope rator of any source subject to any requirement under Title 40 of the Code of Federal Regulations

Part 52.21 as incorporated into this rule

.

C. Incorporation by Reference

Except as provided below, the provisions of Title 40 of the Code of Federal Regulations (CFR) Part 52.21 , in effect on July 1, 201 2

, are incorporated herein by reference and made part of the Rules and Regulations of the Great Basin Unified Air Pollution Control

District

.

1. The following subsections of 40 CFR Part 52.21 are exc luded: (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 terms found in 40 CFR Part 52.21are revised as follows:

( i) The term “administrator” means:

(a) EPA 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); and

(b) Air Pollution Control Officer (APCO)

(ii) T he phrase “paragraph (q) of this section” in 40 CFR 52.21 ( p)( 1 ) and (l)(2) shall read as follows: the public notice and comment provisions of

District Rule 221, section D. 6

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09/05/12 D. Requirements

1. The APCO shall provide written notice of any permit application for a proposed major stationary source or major modifica tion 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 APCO shall determine wh ether 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 APCO may agree. If the APCO determines that the application is not complete, the applicant shall be notified in writing of the decision specifying the information that is required. Upon receipt of any re

- submittal of the application, a

new 30

- day period to determine completeness shall begin. Upon determination that the application is complete, the APCO shall notify the applicant in writing. The date of receipt of the application shall be the date on which the reviewing authority received all required information.

3. An owner or operator must obtain a Prevention of Significant Deterioration (PSD) permit pursuant to this R ule before beginning 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. Notwithstanding the provisions of any other District Rule or Regulation, the Air

Pollution Control Officer shall require compliance with this r ule 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 R egulation III

– Fees.

6. Prior to issuing a federal P SD permit pursuant to this rule and within one year after receipt of a complete application, the Air Pollution Control Officer shall:

(i) Make a preliminary determination whether construction should be approved with conditions or disapproved.

(ii) Make available in at least one location in each region in which the proposed source would be constructed a copy of all materials the appli cant 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.

(iii) Notify the public, by advertisement in a newspaper of gene ral circulation

in the Great Basin Unified Air Pollution Control District , of the application, the preliminary determination, the degree of increment consumption thatGBUAPCD

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09/05/12 is expected from the source or modification, and of the opportunity for written public co mment.

(iv) 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.

(v) 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 technolog y required, and other appropriate

considerations , if in the Air Pollution Control Officer’s judgment such a hearing is warranted

.

(vi) Consider all written comments that were submitted within 30 days after the notice of public comment is published and al l comments received at any public hearing(s) in making a final decision on the approvability of the applica tion and m ake all comments available for public inspection in the

same locations where the District made available preconstruction

information relati ng to the proposed source or modification.

(vii) Make a final determination whether construction should be approved with conditions or disapproved.

(viii) Notify the applicant in writing of the final determination and make such

notification available f or public inspection at the same location where the District made available preconstruction information and public comments relating to the source.

End