GBUAPCD – Rule 221

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Rule 221. PREVENTION 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those contained in District Rules 200 through 205 unless otherwise superseded by 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 operator 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, 2012, 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 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 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) The 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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D. Requirements 

1. The APCO shall provide written 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 APCO 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 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 Rule 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 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 Regulation III –

Fees.

6. Prior to issuing a federal PSD 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 

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. 

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

in the Great Basin Unified Air Pollution Control District, of the application, 

the preliminary determination, the degree of increment consumption that 
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is expected from the source or modification, and of the opportunity for 

written public comment. 

(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 technology 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 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. 

(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 for public inspection at the same location where the 

District made available preconstruction information and public comments 

relating to the source.

End