UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Direct Final Rulemaking

for the

California State Implementation Plan

IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT

Rule 101, Definitions

Prepared by: Arnold Lazarus

Reviewed by: Andy Steckel

May 2014
2

RULE IDENTIFICATION 

Agency: Imperial County Air Pollution Control District (ICAPCD)

SIP Approved Rule: Rule 101 - Definitions

Adopted - February 23, 2010

Submitted - July 20, 2010

EPA Approved - March 7, 2011 (76 FR 12280)

Subject of this TSD: Rule 101 - Definitions

Adopted - October 22, 2013

Submitted - February 10, 2014

Background

Imperial County Air Pollution Control District (ICAPCD) Rule 101 contains definitions 

for specific terms applicable to all District rules. EPA most recently approved a version of 

Rule 101 in 2011. Revisions to the 2011 version that are incorporated in the submitted 

2013 version include:

1. Revisions as a direct result of recent revisions to District Rule 207 regarding 

permits.1

2. Administrative and formatting changes. 

3. Removal of obsolete definitions no longer used elsewhere in the District’s 

rulebook. 

Specific Revisions

Changes from the approved SIP rule include:

1. Adding the following new definitions:

Class I Area; ERC; Federal Land Manager; Identical Replacement Unit; 

Implements Of Husbandry; Major Modification; Major Stationary Source: Military 

Base; Particulate Matter (PM2.5); PM2.5 Nonattainment Area; Significant; 

Significant Emissions Increase; Significant Net Emissions Increase; and Treated 

Brush.

2. Revising the following definitions for clarity; administrative changes and 

pertaining to Rule 207:

Actual Emissions; Actual Interruptions of Power; Affected Pollutants; Agricultural 

Source; Air Pollution Control Officer; Ambient Air Quality Standards; Authority 

to Construct; Best Available Control Technology (BACT); Best Available Retrofit 
3

Technology (BARCT); Certificate; Complete Application; Daily Emissions Limit; 

Dairy; Decontamination; District; Emission Control System; Emission Increase; 

Enforceable; Equipment; Freeboard Height; Freeboard Ratio; Halogenated 

Hydrocarbons; Historic Actual Emissions; Lowest Achievable Emission Rate 

(LEAR); Medium Duty Vehicle; Minor Project; Modification; Nonattainment 

Area; Nonattainment Area Pollutant; Offset; Other Cattle Facility; Particulate 

Matter (PM10); Passenger Car; Permanent; Permit to Operate; Person; Potential 

Emissions; Potential To Emit; Precursor; Precursors; Priority to Reserve; Project; 

Quantifiable; Reactive Organic Compound (ROC); Reasonably Available Control 

Technology (RACT); Secondary Emissions; Shutdown; Source; Stationary Source; 

Surplus; Transfer; Upwind; Vehicle Class; and Volatile Organic Compound 

(VOC),

3. Deleting the following definitions:

Identical Emissions Unit; and Valid. 

EPA Evaluation

These revisions do not have a direct effect on air pollution emissions, but they improve 

clarity and enforceability of other ICAPCD Rules which do reduce emissions. ICAPCD 

found that the proposed revisions comply with restrictions imposed by California law that 

prohibit the District from adopting changes to certain rules that make them less stringent. 2

EPA’s criteria for rule approval are satisfied by the following:

1. The definitions are clear and help make other provisions enforceable so it is 

consistent with enforceability requirements of CAA 110(a)(2)(A).

2. Because these definitions do not establish emission controls but provide 

clarification to requirements found elsewhere, we have determined that they will 

not interfere with any applicable requirement concerning attainment and 

reasonable further progress (RFP) or any other applicable requirement of the Act 

(CAA 110(l)) or modify, in a nonattainment area, any SIP-approved control 

requirement in effect before November 15, 1990 (CAA 193).

3. The rule does not directly establish emission controls, so it is not relevant to 

evaluate it regarding stringency.

EPA approved a version of the rule on March 7, 2011, and these rule revisions since then 

are consistent with NSR requirements and are otherwise largely editorial and formatting 

changes that improve rule clarity and consistency.3

EPA staff recommends approval of ICAPCD Rule 101 under section 110(k) as meeting 

the requirements section 110(a) and Part D of the Clean Air Act, as amended in 1990. 

Approval of the definitions should not be interpreted as EPA approval of the other rules in 

which these definitions are used.
4

EPA Recommendations

The following revisions are not currently the basis for rule disapproval, but are 

recommended for the next time the rule is amended.

1. The Definition, “Federal Lan Manager” contains a typographical error. “Lan” 

should be “Land.”

2. The term, “Mobile Source Emission Reduction Credit” should be deleted from the 

definition “Banking” because it creates a name for the bank not the credit system.

3. The Definition, ”Certificate” has the wording “ERC/MSERC/ABERC” within it 

describing the three kinds of credits. These acronyms should be spelled out, 

especially ABERC.

References

1. District Draft Staff Report for the proposed revisions to Rule 101 Definitions, 

October 22, 2013.

2. District Rule 101 Definitions, Clean Copy, Submitted - February 10, 2014.

3. District Rule 101 Definitions, Struck Copy, Submitted - February 10, 2014.

_______________________________________________________________________

1 District Rule 207, “New And Modified Stationary Source Review.” Revised October 22, 

2013.

2 District Staff Report associated with Rule 207, October 22, 2013.

3

76 FR 12280.