City of 

Adelanto 

Mojave Desert Air Quality Management District 

14306 Park Avenue, Victorville, CA 92392-2310 

760.245.1661 • fax 760.245.2699 

Visit our web site: http://www.mdaqmd.ca.gov 

Eldon Heaston, Executive Director 

July 21, 2008 

Patrick Au 

California Air Resources Board 

P.O. Box 2815 

Sacramento, CA 95812 

Rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 

Dear Mr. Au: 

The Mojave Desert Air Quality Management District (District) rescinded Rules 203.1, 203.2, 

213, 213.1, 213.2, and 213.3 on April28, 2008. The District was unsure ofthe SIP status of 

certain of the rules for parts of our jurisdiction and asked CARB to submit all the rules for 

removal from the SIP of the San Bernardino County and the Blythe/Palo Verde Valley portion of 

Riverside County for certainty. 

EPA has informed the District in the attached email that all the rules involved in the rescission 

action are still in the SIP. Pursuant to http://www.epa.gov/region09/air/sips the EPA considers 

only Rules 213, 213.1, and 213.2 to be in the SIP for the San Bernardino and Riverside County 

portions of the District. To clarify the situation the MDAQMD is requesting CARB to submit to 

EPA the following rules for removal from the SIP for the portions ofMDAQMD jurisdiction as 

listed. 

Blythe/Palo Verde Valley portion of Riverside County: 

1. Remove Rule 213, 213.1, and 213.2 from the SIP. 

2. Determine ifRule 213.3 is in the SIP, and if so, remove from the SIP. If not, make this 

determination and state in the EPA Evaluation and Action. 

San Bernardino County: 

1. Remove Rule 213, 213.1, and 213.2 from the SIP. 

2. Determine ifRule 203.1, 213.2, and 213.3 are in the SIP, and if so, remove from the SIP. 

If not, make this determination and state in the EPA Evaluation and Action. 

The MDAQMD is basing this request on the information provided and attached in table format. 

Town of 

Apple Valley 

City of 

Barstow 

City of 

Blythe 

City of 

Hesperia 

City of 

Needles 

County of 

Riverside 

County of 

San 

Bernardino 

City of 

Twentynine 

Palms 

City of 

Victorville 

Town of 

Yucca Valley 
2 

If you have any questions regarding this submission, please contact me at (760) 245-1661. 

Sincerely, 

~ J·l:A: Eldon Heaston 

- Executive Director 

Enclosure 

EH/TW SIP Re-submittal 
Tracy Walters 

From: 

Sent: 

To: 

Cc: 

Yannayon.Laura@epamail.epa.gov 

Tuesday, July 01, 2008 4:37 PM 

Tracy Walters 

Rios.Gerardo@epamail.epa.gov; Steckei.Andrew@epamail.epa.gov 

Subject: Re: Fw: MDAQMD Rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 

Attachments: 43 FR 52237.pdf; Final 200s Staff Report.pdf; minute item 200s.PDF; reso_200s.PDF; CARS 

Rule Evaluation.doc; SIP Checklist.doc 

am 

43 FR 52237.pdf 

(298 KB) 

Final 200s Staff minute item 

Report.pdf (3... 200s.PDF (138 KB) 

reso_200s. PDF 

(200 KB) 

CARB Rule SIP Checklist.doc 

valuation.doc (57 K. (47 KB) 

Tracy, 

I took a quick look at the rules involved in this action and they are all still in the 

SIP. Please see the attached Federal Notice that codifies the rules into 40 CFR 51.220. 

As you read each subsection citation in todays version of 40 CFR 51.220, you will note 

that these rules have not been rescinded from the SIP by EPA. You may need to revise your 

SIP submittal requesting these rules be rescinded for clarity. For example, I note that 

back in 1978 when these rules were approved into the SIP, they were approved by county for 

the Southeast Desert portion. I would suggest that in your submittal you clarify who has 

jurisdiction for each of these areas today (e.g. are they all in Mojave Desert or are some 

rules still part of other District's SIPs?) and which rules -- listed by the historic 

jurisdiction you are 

requesting to be rescinded from the SIP. Please feel free to call me 

if you have any questions. 

(See attached file: 43 FR 52237.pdf) 

Laura Yannayon 

****************** 

US EPA, Region 9 I Air Division, Permits Office (Air-3) I San Francisco, CA 94105-3901 

yannayon.laura@epa.gov I (415) 972-3534 I (415) 947-3579 (fax) 

Andrew 

Steckel/R9/USEPA 

/US 

07/01/2008 08:49 

AM 

Gerardo Rios/R9/USEPA/US@EPA, 

Laura Yannayon/R9/USEPA/US@EPA 

To 

cc 

Subject 

Fw: MDAQMD Rescission of Rules 

203.1, 203.2, 213, 213.1, 213.2, 

and 213.3 

Forwarded by Andrew Steckel/R9/USEPA/US on 07/01/2008 08:49AM 

1 
"Tracy Walters" 

<twalters@mdaqmd 

.ca.gov> 

07/01/2008 08:46 

AM 

To 

<pau@arb.ca.gov> 

cc 

Andrew Steckel/R9/USEPA/US@EPA, 

"Alan De Salvio" 

<Adesalvio@mdaqmd.ca.gov> 

Subject 

MDAQMD Rescission of Rules 203.1, 

203.2, 213, 213.1, 213.2, and 

213.3 

The Governing Board of the Mojave Desert Air Quality Management District 

(MDAQMD) rescinded several rules from Regulation II - Permits, 

specifically: Rule 203.1- Special Permit Provisions; Rule 203.2- Eligibility of 

Compensatory Emission Reductions; Rule 213 - Standards for Permits to Construct: Air 

Quality Impact; Rule 213.1- Standards for Permits to Operate: Air Quality Impact; Rule 

213.2- Definitions for RULES 213, 213.1, and 213.3; and Rule 213.3- Additional Standards 

for Permits to Construct and Operate. Attached for your review are the following 

documents pertaining to the adoption: 

* Final Staff Report 

* Proof of Publication (included in Final Staff Report, 

appendix B) 

* Signed Notice of Exemption, San Bernardino and 

* 

Riverside Counties (included in Final Staff Report, appendix D) 

Minute item, Official Copy 

* Resolution 08-03, Official Copy 

* CARE Rule Evaluation Form 

* SIP Completeness Checklist 

Submission to USEPA is not required for the rescission of Rules 203.1, 203.2, 213, 213.1, 

213.2, and 213.3 because these rules were superceded by Regulation XIII. However, the 

MDAQMD is requesting CARE to officially notify USEPA of this rescission and to follow SIP 

submission related procedures to avoid confusion regarding the SIP status of these rules 

in the future. The District is requesting that CARE submit the rescission of Rules 203.1, 

203.2, 213, 213.1, 213.2, and 213.3 to the USEPA for the SIP versions in effect in the 

MDAQMD and the Blythe/Palo Verde Valley portion of Riverside County. This submission is 

necessary to ensure that these rules were properly removed from the SIP in effect in both 

areas. 

Tracy Walters 

Air Quality Specialist 

(760) 245-1661 X 6122 

twalters@mdaqmd.ca.gov 

(See attached file: Final 200s Staff Report.pdf) (See attached file: 

minute item 200s.PDF) (See attached file: reso 200s.PDF) (See attached 

file: CARE Rule Evaluation.doc) (See attached file: SIP Checklist.doc) 

2 
Table 1 

SIP Submission Summary 

Rule Affected Area Acting Agency Date of Action Submission to EPA EPA Action & Cite 

Number 

203.1 Blythe/Palo Verde SCAQMD (South Rescinded N/A N/A EPA declared "n

Valley (Riverside Coast Air Quality 06/28/90 

County) Management 

District) 

203.1 Desert Portion San Bernardino Superceded by Unknown Unknown EPA does not co

(San Bernardino County Air Reg Xlll, 07/21/80 httQ://www.ena.g

County) Pollution Control (Rule l30l(c)) or San Bernardin

District MDAQMD. Att

(SBCAPCD) this action are sti

that EPA determi

so, remove this ru

in the SIP, the M

determination is 

Action for clarifi

for SCAQMD). 

203.2 Blythe/Palo Verde SCAQMD Rescinded N/A N/A EPA declared "no

Valley (Riverside 06/28/90 

County) 

203.2 Desert Portion SBCAPCD Superceded by Unknow~ Unknown EPA does not con

(San Bernardino Reg XIII, 07/21180 httQ://www.ena.g

County) (Rule l30l(c)) or San Bernardin

MDAQMD. Atta

this action are sti

that EPA determi

so, remove this ru

in the SIP, the M

determination is s

Action for clarific

for SCAQMD). 

213 Blythe/Palo Verde SCAQMD Rescinded 04/05/91 Deleted from SIP Rescission action 

Valley (Riverside 06/28/90 64 FR 25828, 05113/99 Blythe/Palo Verd

County) Rescission theref

Verde Valley. M

determine if this r

this rule from the 

the MDAQMD re

stated in the EPA 

clarification (as i

-- ---------

~---

. _ _§_(:AQM[)). 

1 
Table 1 

SIP Submission Summary 

Rule Affected Area Acting Agency Date of Action Submission to EPA EPA Action & Cite 

Number 

213 Desert Portion SBCAPCD Superceded by Reg XIII submitted 09/05/80 40 CFR 52.220( c )(239)(i)(A)(l) Approval of Rule 

(San Bernardino Reg XIII, 07/21180 61 FR 58113, 11113/96 superceded Rule 

County) (Rule 1301(c)) considers Rule 21

httQ://www.eQa.g

and San Bernardi

MDAQMD, as w

MDAQMD reque

removed from the 

213.1 Blythe/Palo Verde SCAQMD Rescinded 04/05/91 Deleted from SIP Rescission action 

Valley (Riverside 06/28/90 64 FR 25828,05113/99 Blythe/Palo Verd

County) Rescission theref

Verde Valley. M

determine ifthis 

this rule from the 

the MDAQMD re

stated in the EPA 

clarification (as in 

SCAQMD). 

213.1 Desert Portion SBCAPCD Superceded by Reg XIII submitted 09/05/80 40 CFR 52.220(c)(239)(i)(A)(l) Approval of Rule 

(San Bernardino Reg XIII, 07/21/80 61 FR 58113, 11113/96 superceded Rule 

County) (Rule 130l(c)) considers Rule 21

httQ://www.eQa.g

and San Bernardi

MDAQMD, as w

MDAQMD reque

removed from the 

213.2 Blythe/Palo Verde SCAQMD Rescinded 04/05/91 Deleted from SIP Rescission action 

Valley (Riverside 06/28/90 64 FR 25828, 05/13/99 Blythe/Palo Verd

County) Rescission theref

Verde Valley. M

determine if this r

this rule from the 

the MDAQMD re

stated in the EPA 

clarification (as in 

SCAQMD). 

2 
Table 1 

SIP Submission Summary 

Rule Affected Area Acting Agency Date of Action Submission to EPA EPA Action & Cite 

Number 

213.2 Desert Portion SBCAPCD Superceded by Reg XIII submitted 09/05/80 40 CFR 52.220(c)(239)(i)(A)(l) Approval of Rule 

(San Bernardino Reg XIII, 07/21/80 61 FR 58113, 11/13/96 superceded Rule 

County) (Rule 1301(c)) considers Rule 21

httQ:I/www.eQa.g

and San Bernardi

MDAQMD, as w

MDAQMD reque

removed from the 

213.3 Blythe/Palo Verde SCAQMD Rescinded ? ? No mention of Ru

Valley (Riverside 06/28/90 SCAQMD action

County) 213.3 part of the 

httQ://www.eQa.g

or the Riverside p

MDAQMD reque

is in the SIP and 

SIP. If this rule i

requests that this 

Evaluation and A

25828 action for 

213.3 Desert Portion SBCAPCD Superceded by Unknown Unknown EPA does not con

(San Bernardino Reg XIII, 07/21/80 httQ://www.eQa.g

County) (Rule 1301(c)) or San Bernardin

MDAQMD. Atta

this action are stil

that EPA determi

so, remove this ru

in the SIP, the MD

determination in t

clarification (as in 

SCAQMD). 

3