United States Environmental Protection Agency

Region IX Air Division

Technical Support Document

for

EPA's Notice of Proposed Rulemaking

for the 

California State Implementation Plan

Modoc County Air Pollution Control District

Rule 2.3 – Transfers

Rule 2.5 – Expiration of Applications

Rule 2.7 – Conditional Approval

Rule 2.10 – Further Information

Prepared by: Ya-Ting (Sheila) Tsai

Reviewed by 

Gerardo Rios

June 9, 2016
I. INTRODUCTION

This technical support document (TSD) addresses the general New Source Review (NSR)

program requirements of the federal NSR program, and discusses the Environmental Protection 

Agency’s (EPA) findings on whether the rules and regulations related to NSR that have been 

submitted by the Modoc County Air Pollution Control District (MCAPCD or District) for 

approval into the California State Implementation Plan (SIP) meet federal NSR requirements. 

The TSD also discusses EPA’s findings under sections 110(l) and 193 of the Clean Air Act

(CAA or the Act) relevant to this action.

Section 110(a)(2)(C) of the Act requires that each SIP include a program to provide for 

“regulation of the modification and construction of any stationary source within the areas 

covered by the plan as necessary to assure that national ambient air quality standards are 

achieved, including a permit program as required in parts C and D” of title I of the Act. Thus, in 

addition to the permit programs required in parts C and D of title I of the Act, which apply to 

new major stationary sources and major modifications, each SIP must include a program 

regulating stationary sources and modifications with emissions below specified major source 

thresholds. These preconstruction requirements are commonly referred to as the minor or general 

NSR program and are implemented through EPA’s regulations at Title 40 of the Code of Federal 

Regulations (CFR) part 51, sections 160 through 164. These more general program requirements 

are the only federal requirements that apply to these “minor” stationary sources and non-major 

modifications. They also apply to major sources and major modifications, in addition to the more 

detailed requirements in parts C and D of the Act and their implementing regulations at 40 CFR 

51.166 and 51.165, respectively. 

MCAPCD is designated attainment for all pollutants; therefore, the District is not required to 

submit a nonattainment NSR program as required under 40 CFR 51.165. While the District was 

required to submit a PSD program, EPA adopted a PSD program for Modoc County through the 

application of a Federal Implementation Plan (FIP) to satisfy this CAA requirement. Therefore 

we are not evaluating the submitted rules against the requirements of 40 CFR 51.165 and 51.166. 

II. SIP REVISION SUBMITTAL

MCAPCD adopted the submitted permit program related rules as listed in Table 1, as part of 

their general NSR program requirements. The California Air Resources Board (ARB) submitted

the revised rules listed in Table 1 to EPA Region 9 as a revision to the California SIP. ARB is 

the governor’s designee for submitting official revisions of the California SIP to the EPA. Table 

1 provides the name, number, adoption and submittal dates for the rules evaluated as part of this 

TSD.

Table 1 –Submitted Rules

Rule # Rule Title

Adopted or 

Amended

Date

Submitted

Date

2.3 Transfers 1/15/1989 12/31/1990

2.5 Expiration of Applications 1/15/1989 12/31/1990
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Rule # Rule Title

Adopted or 

Amended

Date

Submitted

Date

2.7 Conditional Approval 1/15/1989 12/31/1990

2.10 Further Information 5/15/1989 12/31/1990

Completeness Determination

With respect to procedures, CAA sections 110(a) and 110(l) require that revisions to a SIP be 

adopted by the State after reasonable notice and public hearing. EPA has promulgated specific 

procedural requirements for SIP revisions in 40 CFR part 51, subpart F. These requirements 

include publication of notices by prominent advertisement in the relevant geographic area, a 

public hearing on the proposed revisions, a public comment period of at least 30 days, and an 

opportunity for a public hearing. Based on our review of the public process documentation 

included in the submittals listed in Table 1, we find that MCAPCD has provided sufficient 

evidence of public notice and opportunity for comment and public hearings prior to adoption and 

submittal of these rules to EPA. On February 28, 1991, EPA determined that ARB’s SIP 

submittal packages in Table 1 conformed to the completeness criteria in 40 CFR part 51, 

appendix V.

Existing Rules

EPA approved the rules listed in Table 2 into the MCAPCD portion of the California SIP on the 

dates listed. If the rules listed in Table 1 are approved by EPA, those rules will take the place of 

the existing SIP approved rules listed in Table 2. 

Table 2 – SIP Approved Rules

Rule # Rule Title SIP Approval 

Date

Federal Register 

Citation

2.3 Transfer 09/22/1972 37 FR 19812

2.5 Cancellation of Applications 09/22/1972 37 FR 19812

2.7* Provision of Sampling and Testing 

Facilities 09/22/1972 37 FR 19812

2.9* Conditional Approval 09/22/1972 37 FR 19812

*Note: SIP approved Rule 2.7 - Provision of Sampling and Testing Facilities will be replaced by portions of newly 

submitted Rule 2.10 Further Information. SIP approved Rule 2.9 - Conditional Approval will be replaced by 

submitted Rule 2.7 - Conditional Approval.

III. RULE REVISION SUMMARIES AND EVALUATION

The submitted rules are revisions to existing SIP-approved general NSR permit program rules, 

but Rule 2.10 is a new SIP submittal incorporating SIP-approved Rule 2.7. The District has made 

several minor formatting and editorial revisions which improve the clarity and enforceability of 

each rule. These changes are mostly administrative in nature and their approval will not interfere 

with any applicable requirement concerning attainment and reasonable further progress, or any 

other CAA applicable requirement. Below we provide a summary of each rule and any 
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significant changes to the existing SIP approved rule. 

Rule 2.3 – Transfers

The SIP approved version of Rule 2.3 generally prohibits the transfer of an Authority to 

Construct or Permit to Operate. The rule has been revised by adding new language allowing the 

transfer of an Authority to Construct or Permit to Operate from one location to another, from one 

person to another, or from one piece of equipment to another, upon written approval of the Air 

Pollution Control Officer (APCO). Other minor formatting and editorial revisions to improve 

clarity have also been made.

Rule 2.3 is an administrative rule regarding the transfer of permits. The revisions allowing 

transfers upon the written approval of the APCO are acceptable since they do not conflict with 

any federal program requirements or interfere with the attainment or maintenance of any

NAAQS. 

Rule 2.5 – Expiration of Applications

The SIP-approved version of Rule 2.5 provides that an Authority to Construct or an application 

for a Permit to Operate will be cancelled after two years. Changes from the approved SIP rule 

include:

1. Renamed the rule from Cancellation of Applications to Expiration of Applications.

2. Changed the expiration period for an Authority to Construct or an application for a 

Permit to Operate from two years to one year, or until the Permit to Operate is granted or 

denied, or the application is cancelled, whichever occurs first.

3. Addition of language to allow an Authority to Construct or the application for a Permit to 

Operate to be extended on an annual basis for up to two years.

The revisions to Rule 2.5 decreased the valid period of an Authority to Construct from two years 

to one year, but also added language which allows for an extension upon request for up to two 

years. For minor sources there are no specific requirements for the expiration of an Authority to 

Construct or Permit to Operate application. The revisions are acceptable since they do not 

conflict with any federal program requirements or interfere with the attainment or maintenance 

of a NAAQS.

Rule 2.7 – Conditional Approval 

Rule 2.7 provides authority to the APCO to issue an Authority to Construct or a Permit to 

Operate with conditions necessary to ensure compliance with all District regulations. Changes 

from SIP-approved Rule 2.9 include:

1. Renumbered the rule from Rule 2.9 to Rule 2.7. Submitted Rule 2.7 will replace SIP 

approved Rule 2.9 – Provision of Sampling and Testing Facilities. 

2. Addition of language clarifying that commencing work under an authority to Construct or 

operation under a Permit to Operate shall be deemed acceptance of all conditions.

3. Addition of language prohibiting a person to operate equipment contrary to permit 

conditions specified on permits issued in accordance with the provisions of Rule 2.7.

The revisions to submitted Rule 2.7 provide additional enforceability by clarifying construction 

and operation of equipment deems acceptance of those conditions and that equipment cannot be 
3

operated contrary to permit conditions specified in the permit. The rule revisions are acceptable 

since they do not conflict with any federal program requirements or interfere with the attainment 

or maintenance of a NAAQS.

Rule 2.10 – Further Information

Rule 2.10 is a new rule number with some of its contents moved from SIP approved Rule 2.7 –

Provision of Sampling and Testing Facilities. Rule 2.10 allows the APCO to require data, 

sampling, testing, and monitoring to determine a stationary source’s emissions. It also specifies 

that the APCO may require the disclosures be certified by a professional engineer registered by 

the State of California and that the cost of providing such information must be paid by the 

applicant or permit holder. This new rule improves the SIP by providing the APCO with 

authority to require a source to provide information regarding the stationary source’s emissions. 

This new rule is acceptable since it does not conflict with any federal program requirements or 

interfere with the attainment or maintenance of a NAAQS. This rule also satisfies Section 

110(a)(2) of the CAA.

Clean Air Act Section 110(l) Analysis

Section 110(l) of the CAA states that each SIP revision submitted by a State shall be adopted by 

such State after reasonable notice and public hearing. It also states that the Administrator shall 

not approve a SIP revision if the revision would interfere with any applicable requirement 

concerning attainment and reasonable further progress, or any other CAA applicable 

requirement.

With respect to the procedural requirements of CAA section 110(l), based on our review of the 

public process documentation included in the SIP submittal packages listed in Table 1, we find 

that MCAPCD has provided sufficient evidence of public notice and opportunity for comment 

and public hearings prior to adoption and submittal of these rules to EPA. 

With respect to the substantive requirements of CAA section 110(l), each of the rules being 

reviewed contains minor revisions which generally improve the clarity and enforceability of the 

rule and/or additional requirements which strengthen the District’s permit program. These rules 

are administrative or procedural in nature and do not require any specific level of emission 

control, therefore their approval will not interfere with any applicable requirement concerning 

attainment and reasonable further progress, or any other CAA applicable requirement. For these

reasons, we find the revisions contained in the submitted rules to be approvable under 110(l).

Clean Air Act Section 193 Analysis

Section 193 of the Act, which was added by the Clean Air Act Amendments of 1990, includes a 

savings clause which provides, in pertinent part: “No control requirement in effect, or required to 

be adopted by an order, settlement agreement, or plan in effect before November 15, 1990, in 

any area which is a nonattainment area for any air pollutant may be modified after November 15, 

1990, in any manner unless the modification insures equivalent or greater emission reductions of 

such air pollutant.” 
4

The MCAPCD is currently classified as attainment for all NAAQSs, therefore the provisions of 

Section 193 are not applicable to this action. 

IV. EPA Recommendation

Under the Act, EPA is required to evaluate the state/local programs to determine whether they 

meet the minimum federal requirements for approval. Changes to the state/local programs also 

are submitted and must be approved or disapproved by EPA. During this evaluation, EPA 

noticed several local rule updates to the current SIP-approved rules in Regulation II – Permit 

System. It is EPA’s recommendation to submit those updated rules to eliminate the SIP gap, 

which results in differing state/local and federal requirements for the same program.

V. EPA’S PROPOSED ACTION

Rules 2.3, 2.5, 2.9, and portions of 2.10 were previously SIP-approved as meeting certain 

requirements of a general NSR permit program (37 FR 19812, 09/22/1972). The revisions to

Rules 2.3, 2.5 and 2.9 (now 2.7) and the addition of Rule 2.10 are mostly administrative or 

procedural in nature and generally provide additional clarification and enforceability. The rule 

provisions also ensure compliance with certain general NSR program requirements contained in 

40 CFR 51.160-164. The revisions comply with the requirements of section 110(l) of the CAA. 

We recommend approval of submitted Rules 2.3, 2.5, 2.7, and 2.10 pursuant to CAA §110(k)(3) 

and §301(a).

VI. ATTACHMENTS

1. Current MCAPCD SIP Rule 2.3, Transfers, SIP approved September 22, 1972

2. Current MCAPCD SIP Rule 2.5, Cancellation of Applications, SIP approved September 

22, 1972

3. Current MCAPCD SIP Rule 2.7, Provision of Sampling and Testing Facilities, SIP 

approved September 22, 1972

4. Current MCAPCD SIP Rule 2.9, Conditional Approval, SIP approved September 22, 

1972

5. Submitted MCAPCD Rule 2.3, Transfers, revised January 15, 1989

6. Submitted MCAPCD Rule 2.5, Expiration of Applications, revised January 15, 1989

7. Submitted MCAPCD Rule 2.7, Conditional Approval, revised January 15, 1989

8. Submitted MCAPCD Rule 2.10, Further Information, revised May 15, 1989