# 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The Mojave Desert Air Quality Management District (District) rescinded Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 on April28, 2008.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 Notes

Number 203.1 Blythe/Palo Verde SCAQMD (South Rescinded N/A N/A EPA declared "not SIP" 64 FR 25825, 05113/99.

Valley

(Riverside Coast Air Quality 06/28/90

County)

Management District)

203.1 Desert Portion San Bernardino Superceded by Unknown Unknown EPA does not consider this a SIP rule pursuant to

(San

Bernardino County Air Reg Xlll, 07/21/80 httQ://www.ena.gov/region09/air/siQs for Riverside

County)

Pollution Control (Rule l30l(c)) or San Bernardino County portions of the

District

MDAQMD. Attached E-mail indicates all rules in

(SBCAPCD)

this action are still in the SIP. MDAQMD requests

that

EPA determine if this rule is in the SIP and if

so, remove this rule from the SIP. If this rule is not

in

the SIP, the MDAQMD requests that this 

### I

determination is stated in the EPA Evaluation and

Action

for clarification (as in 64 FR 25 828 action

for

SCAQMD).

203.2

Blythe/Palo Verde SCAQMD Rescinded N/A N/A EPA declared "not SIP" 64 FR 25825, 05/13/99.

Valley

(Riverside 06/28/90

County) i

203.2 Desert Portion SBCAPCD Superceded by

**Unknow~** Unknown EPA does not consider this a SIP rule pursuant to I

(San Bernardino Reg XIII, 07/21180 httQ://www.ena.gov/region09/air/sins for Riverside

County)

(Rule l30l(c)) or San Bernardino County portions of the
MDAQMD.

Attached E-mail indicates all rules in

this

action are still in the SIP. MDAQMD requests

that

EPA determine if this rule is in the SIP and if

so, remove this rule from the SIP. If this rule is not

in

the SIP, the MDAQMD requests that this
determination

is stated in the EPA Evaluation and

Action

for clarification (as in 64 FR 25 828 action

for

SCAQMD).

213

Blythe/Palo Verde SCAQMD Rescinded 04/05/91 Deleted from SIP Rescission action by EPA occurred after

Valley

(Riverside 06/28/90 64 FR 25828, 05113/99 Blythe/Palo Verde Valley joined MDAQMD.

County) Rescission therefore may not include Blythe/Palo

Verde

Valley. MDAQMD requests that EPA

determine

if this rule is in the SIP and if so, remove

this

rule from the SIP. If this rule is not in the SIP,

the

MDAQMD requests that this determination is

stated

in the EPA Evaluation and Action for

clarification

(as in64 FR 25828 action for

-- --------- **~---** . _ _§_(:AQM[)).



## 1Table1SIPSubmissionSummaryRuleAffectedAreaActingAgencyDateofActionSubmissiontoEPAEPAAction&CiteNotesNumber213DesertPortionSBCAPCDSupercededbyRegXIIIsubmitted09/05/8040CFR52.220(c)(239)(i)(A)(l)ApprovalofRule1301(c)textautomatically(SanBernardinoRegXIII,07/2118061FR58113,11113/96supercededRule213etseq.However,EPACounty)(Rule1301(c))considersRule213partoftheSIPpursuanttohttQ://www.eQa.gov/region09/air/sigsforRiversideandSanBernardinoCountyportionsoftheMDAQMD,aswellasinattachedE-mail.MDAQMDrequeststhatRule213isfonnallyremovedfromtheSIP.I213.1Blythe/PaloVerdeSCAQMDRescinded04/05/91DeletedfromSIPRescissionactionbyEPAoccurredafterValley(Riverside06/28/9064FR25828,05113/99Blythe/PaloVerdeValleyjoinedMDAQMD.County)RescissionthereforemaynotincludeBlythe/PaloVerdeValley.MDAQMDrequeststhatEPAdetermineifthisruleisintheSIPandifso,removethisrulefromtheSIP.IfthisruleisnotintheSIP,theMDAQMDrequeststhatthisdeterminationisstatedintheEPAEvaluationandActionforclarification(asin64FR25828actionforSCAQMD).213.1DesertPortionSBCAPCDSupercededbyRegXIIIsubmitted09/05/8040CFR52.220(c)(239)(i)(A)(l)ApprovalofRule130l(c)textautomatically(SanBernardinoRegXIII,07/21/8061FR58113,11113/96supercededRule213etseq.However,EPACounty)(Rule130l(c))considersRule213.1partoftheSIPpursuanttohttQ://www.eQa.gov/region09/air/siQSforRiversideandSanBernardinoCountyportionsoftheMDAQMD,aswellasinattachedE-mail.MDAQMDrequeststhatRule213.1isformallyremovedfromtheSIP.213.2Blythe/PaloVerdeSCAQMDRescinded04/05/91DeletedfromSIPRescissionactionbyEPAoccurredafterValley(Riverside06/28/9064FR25828,05/13/99Blythe/PaloVerdeValleyjoinedMDAQMD.County)RescissionthereforemaynotincludeBlythe/PaloVerdeValley.MDAQMDrequeststhatEPAdetermineifthisruleisintheSIPandifso,removethisrulefromtheSIP.IfthisruleisnotintheSIP,theMDAQMDrequeststhatthisdeterminationisstatedintheEPAEvaluationandActionforclarification(asin64FR25828actionforSCAQMD).2Table 1

SIP Submission Summary

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

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 130l(c) text automatically

(San

Bernardino Reg XIII, 07/21/80 61 FR 58113, 11/13/96 superceded Rule 213 et seq. However, EPA

County)

(Rule 1301(c)) considers Rule 213.2 part of the SIP pursuant to httQ:I/www.eQa.gov/region09/air/siQS

for Riverside

and

San Bernardino County portions of the
MDAQMD, as well as in attached E-mail.

MDAQMD

requests that Rule 213.2 is formally

removed

from the SIP.

213.3

Blythe/Palo Verde SCAQMD Rescinded ? ? No mention of Rule 213.3 in 64 FR 25828

Valley

(Riverside 06/28/90 SCAQMD action. EPA does not consider Rule

County)

213.3 part of the SIP pursuant to httQ://www.eQa.gov/region09/air/sins

for SCAQMD

or

the Riverside portion of the MDAQMD.

MDAQMD

requests that EPA determine if this rule

is

in the SIP and if so, remove this rule trom the

SIP.

If this rule is not in the SIP, the MDAQMD

requests

that this determination is stated in the EPA

Evaluation

and Action for clarification (as in 64 FR

25828

action for SCAQMD).

213.3

Desert Portion SBCAPCD Superceded by Unknown Unknown EPA does not consider this a SIP rule pursuant to

(San

Bernardino Reg XIII, 07/21/80 httQ://www.eQa.gov/region09/air/siQS for Riverside

County)

(Rule 1301(c)) or San Bernardino County portions of the
MDAQMD.

Attached E-mail indicates all rules in

this

action are still in the SIP. MDAQMD requests

that

EPA determine if this rule is in the SIP and if

so, remove this rule from the SIP. If this rule is not

in

the SIP, the MDAQMD requests that this determination

in the EPA Evaluation and Action for

clarification

(as in 64 FR 25828 action for
SCAQMD).

3