Title V Permit Review Protocol Agreement 

San Joaquin Valley Unified APCD 

United States Environmental Agency, ~e~i0.n IX 

October 1998 

This agreement establishes a protocol for the EPA's review of Title V permits issued by 

the San Joaquin Valley Unified Air Pollution Control District. It applies to all initial Title 

V permits sent to EPA for review by the District after the agreement date. 

EPA 45 dav Review Period 

EPA will contact the District as soon as possible after receiving the proposed permit to 

discuss comments and possible objections. The purpose of these discussions will be 

to ensure that EPA has all necessary facts, and to attempt to resolve issues. €PA will 

discuss its concerns with the District prior to objecting to a permit. 

If the District and EPA can agree upon changes to the proposed permit prior to the end 

of the €PA review period, the District will senda letter committing to rectify the 

situation, which includes specific language that will be incorporated into the permit. If 

the District and EPA agree that more data or information is needed to show that the 

permit is adequate as proposed, the District will commit to supplying this information in 

a letter that also identifies the nature of the additional data. 

No objections will be necessary if, during the initial 45-day review period, €PA reviews 

and concurs with proposed language or data demonstrating adequacy of the permit. 

Under these circumstances, EPA will confirm the agreements in writing. 

Any EPA objection will include a statement of the reasons for the objection and a 

specific description of the conditions that the permit must include. 

Resolvinq Obiections After the Initial 45-day Period 

In an attempt to resolve objection issues, the District will contact EPA as soon as 

possible but no later than 45 days after receiving any written objections. The District 

will forward to the EPA: 1) specific changes in permit language that will resolve EPA 

objections; or 2) a written justification andlor data supporting the original proposal. (If 

the District cannot accomplish either of the above within the required timeframe, the 

District may withdraw its preliminary decision.) At the same time, the District will 

forward to EPA any other changes that have been made, or will be made, to the permit 

before its issuance, outside of those made to address EPA's objections. The process 

described in the following section, "Additional 45-day review by EPA," will be followed 

for the review of these changes. For the changes made in response to EPA's 
DistrictJEPA Title V Permit Review Protocol 

October 1998 

Page 2 

objections, €PA commits to a 15-day review period whenever possible but may use an 

additional 15 days if necessary upon notifying the District. During this period, the EPA 

may approve the District's proposal either in writing, or by choosing not to provide 

written comments. If the €PA is not satisfied with the proposed changes or additional 

data, then EPA will communicate the basis for its continued objection in writing, and 

identify the specific shortcomings in the District's proposal. Within 6 months from the 

date of this agreement, EPA will review the use of the additional 15 day period to 

ensure that the additional time is only being taken when absolutely necessary. 

If the District fails, within 90 days after receiving an objection, to submit a revised 

proposal or justification that satisfies EPA's objection, the EPA may issue or deny the 

permit. 

Additional 45 dav review bv EPA 

EPA shall have another 45-day period to review revisions to permits made,subsequent 

to the initial 45-day review period, unless the revisions are: 

1) Changes that are consistent with the definition of administrative amendments in 40 

CFR part 70, or 

2) Specific changes in permit language that EPA Staff have concurred with, either in 

writing or by choosing not to comment on the District's proposal as described in the 

previous sections of this agreement. 

In its transmittal of the revised permit to EPA, the District will note all changes made to 

the permit since EPA's previous review. If EPA objects to the revised permit, the 90- 

day period for District response to €PA objections begins on the date that the EPA 

objects to the revised proposal. 

Scope of EPA Review Bevond Initial Review Period . 

The purpose of additional €PA review beyond the initial 45 day period is to allow for 

the review of changes made subsequent to the initial EPA review. After the initial 45 

day comment period, EPA review will generally be limited to unresolved issues 

addressed in the original €PA cornrnenWobjection letter, issues brought up in public 

comments on the permit, and any changes made to the permit since the preliminary 

notice. 
DistrictJEPA Title V Permit Review Protocol 

October 1998 

Page 3 

Date: 1 / 15 198' 

Executed for USEPA By: 

Date: 

Executed for SJVUAPCD By: 

&'/ 

~ebbrah ~ordapf Associate Director S~YM Sadredin 

U.S. €PA ~e~i&n IX, Air Division ~iiector of Permit Services 

Richard McVaig 

U.S. EPA Region IX, Air Division Permit services Manager