Santa Barbara County APCD 3-1 September 20, 2010 

Public Comments and Responses to Comments - Amended Rule 901 

ATTACHMENT 3 

PUBLIC COMMENTS AND RESPONSES TO PUBLIC COMMENTS 

Environmental Protection Agency, 

December 3, 2010 

[COMMENT 1] 

In reviewing Rules 102 and 201, it is not clear to 

EPA that either of these rules needs to be revised. In 

Rule 102, your general definition rule, you propose to 

expand the definition of major source to include 

sources with GHG emissions over the tailoring rule 

thresholds. But the only two places this new 

definition applies is in your Part 70 rules (370 and 

1301) which you are amending separately and the 

new PSD rule 810, which also contains its own major 

source definition. It seems unnecessary, and it may 

have some unintended consequences to change your 

general definition of major source to include GHGs. 

[RESPONSE TO COMMENT 1] 

The District agrees that a revised Rule 102 “Major 

Stationary Source Definition” is not necessary and 

we have removed its amendment from proposed 

amended Rule (PAR) 102. However, we believe 

other new/amended definitions are necessary to Rule 

102 as discussed below. 

 

[COMMENT 2] 

In Rule 201, it appears that the current applicability 

criteria, devices that "may cause the issuance of air 

contaminants" is sufficiently broad to cover GHG, 

and thus no change is need to this rule. Again, see 

my comment in the rule about potential unintended 

consequences. 

[RESPONSE TO COMMENT 2] 

We agree and have retracted Rule 201 amendments 

from the project. 

[COMMENT 3] 

In most of the rules, you choose to reference EPA 

regulations to cite the new GHG tailoring rule 

thresholds, but you only provided very broad citation 

levels (i.e. to the reg, but no section number). In 

addition, the term "GHG threshold" is not defined in 

the EPA regulations, like the terms "significance" or 

"major source" are defined with specific thresholds. 

Instead, the GHG permitting thresholds are somewhat 

buried in the new definition EPA added of "subject to 

regulation.” So the net effect is when a source has 

PTE emissions that meet the definition of subject to 

regulation for GHG, they are subject to PSD and/or 

Title V requirements. This definition includes the 

triggering dates and thresholds. I made a suggested 

edit to cite the EPA regulations in this manner. 

[RESPONSE TO COMMENT 3] 

The issue of providing only broad citation levels in 

the PARs no longer exists with the PAR changes and 

retraction. The citations in PAR 370 and 1301 refer 

to 40 CFR 70.2. 

The District replaced the term “greenhouse gas 

thresholds” with the EPA-recommended text, 

“subject to regulation.” 

[COMMENT 4] 

I will also note that while it is acceptable to cross 

reference to the CFR language to incorporate the 

tailoring rule thresholds into your regulations, it is 

not the preferred method, since a reader must now 

pull out a copy of the cross-referenced regulations to 

determine these values. EPA strongly encourages 

you to reconsider this approach. 

[RESPONSE TO COMMENT 4] 

The cross-referencing greatly simplifies the rule text, 

and we have retained it to avoid complexities. In 

addition, we have defined the GHG threshold levels 

to potentially impacted sources. 
Santa Barbara County APCD 3-2 January 20, 2011 

Public Comments and Responses to Public Comments – EPA GHG Tailoring Rule Project 

[COMMENT 5, REFERENCE MARKED-UP PAR 102]3

I strongly recommend putting actual numerical thresholds in your definition rule. It is always more difficult when a 

rule cross-references to another rule, especially when the citation is to something in the CFR and not your rulebook. 

If this is your preferred route, then the language I have provided provides a specific citation to the thresholds, which 

are only found within the definition of “subject to regulation.” The language you proposed is too vague and not 

enforceable as a practical matter, since 52.21 does not provide a definition of the terms GHG or threshold. I also 

suggest you use the July 1 date if you are going to send the reader to the CFR. This is the date the CFR is published 

annually, and it provides an easy way to look up what was in the CFR as of that date, versus the miscellaneous date 

of your rule adoption. 

[RESPONSE TO COMMENT 5] 

Please see the responses to items 1 and 4. (The new 40 CFR GHG Tailoring Rule provisions are effective August 2, 

2010) 

[COMMENT 6, REFERENCE MARKED-UP PAR 201]

It appears that the current language in A.1, “may cause the issuance of air contaminants”, is already sufficiently 

broad to address GHG emitting sources. As written, A.2 says that this rule only applies to a source emitting GHG 

emissions above the specified threshold. So if a source is emitting GHG emissions below this threshold, but also 

other “air contaminants”, is it subject to this rule? At a minimum, and “or” needs to be added between section 1 and 

2, but EPA suggest simply deleting A.2 and not making any revisions to this rule. 

[RESPONSE TO COMMENT 6] 

Please see the response to item 2. 

[COMMENT 7, REFERENCE MARKED-UP PAR 370]

 

3

 For brevity, the District has combined many of the subsequent comments into one. 
Santa Barbara County APCD 3-3 January 20, 2011 

Public Comments and Responses to Public Comments – EPA GHG Tailoring Rule Project 

[RESPONSE TO COMMENT 7] 

This is existing text and there are not conflicts between the definitions in Rules 370 and 1301. 

[COMMENT 8, REFERENCE MARKED-UP PAR 370]

[RESPONSE TO COMMENT 8] 

The District made the suggested addition to Section “a.” On the Section “a.1” edit the “or more” text is removed. 

For the Section “a.2” text: 

1. Staff verified with the commentor that the 40 CFR reference to 70.2 should be maintained, and 

2. The “threshold” language changed to be “subject to regulation.” 

Regarding the Section “b” addition, EPA asks, “Where specifically does EPA do this defining?” The implementing 

regulations that defines “major stationary source” are: 

1. Clean Air Act, Title III, Section 302(j), and 

2. 40 CFR 70.2 

It should be noted that this is similar to the text found in the current/existing Rule 1301 “Part 70 Source” definition 

(Rule 1301.C.2). The District is amending the Rule 370 "Major Source of Regulated Air Pollutants (excluding 

hazardous air pollutants)" definition to be consistent with the Rule 1301"Part 70 Source" definition. Hence, the 

District has left the Rule 370 definition of “Major Source of Regulated Pollutants . . .” Section “b” unchanged. 

On the “in effect” clause being in the Rule 370 Section C introduction and in the reference to fugitive emissions, our 

counsel has advised us that it is desirable to include a date of reference whenever citing a 40 CFR part or section. 
Santa Barbara County APCD 3-4 January 20, 2011 

Public Comments and Responses to Public Comments – EPA GHG Tailoring Rule Project 

[COMMENT 9, REFERENCE MARKED-UP PAR 370]

[RESPONSE TO COMMENT 9] 

The District removed the subsequent “and its implementing regulation” from PAR 370. The corresponding existing 

text in the Rule 1301 definition of “Regulated Air Pollutant” is now shown as deleted in PAR 1301 as well.

[COMMENT 10, REFERENCE MARKED-UP RULE 810] 

[RESPONSE TO COMMENT 10] 

We revised each reference to indicate “August 2, 2010,” the date the new 40 CFR GHG Tailoring Rule provisions 

become effective. 

[COMMENT 11, REFERENCE MARKED-UP RULE 810] 

[RESPONSE TO COMMENT 11] 

We’ve made the suggested addition. 

[COMMENT 12, REFERENCE MARKED-UP PAR 1301] 

[RESPONSE TO COMMENT 12] 

We’ve made the suggested revision using “August 2, 2010.” 
Santa Barbara County APCD 3-5 January 20, 2011 

Public Comments and Responses to Public Comments – EPA GHG Tailoring Rule Project 

[COMMENT 13, REFERENCE DRAFT BACKGROUND PAPER, PAGE 5] 

[RESPONSE TO COMMENT 13] 

That is true, but none of these sources are in a category listed in 40 CFR 52.21(b)(1)(i)(a). 

[COMMENT 14, REFERENCE DRAFT BACKGROUND PAPER, APPENDIX B, PAGE B-2] 

[RESPONSE TO COMMENT 14] 

The District revised the response to include a reference to the November 2010 EPA document, “PSD and Title V 

Permitting Guidance For Greenhouse Gases.”