## Title V 

## Permit Review Protocol Agreement San JoaquinValley Unified

## APCD United 

## States EnvironmentalAgency, ~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 initialTitle 

### V permits sent to 

### EPAfor review by the District after the agreement date. EPA 45 dav 

### Review 

### Period EPAwill contact the District as soon as possible after receiving the proposed permit to discuss comments and possible objections. The purpose of these discussionswill be to ensure that EPA has all necessary facts, and to attempt to resolve issues. 

### €PAwill discuss its concerns with the District prior to objecting to a permit. Ifthe 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 committingto 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 Districtwill commit to supplying this information in a letter that also identifiesthe nature of the additional data. No objectionswill be necessary if, during the initial 45-day review period, €PA reviews and concurswith proposed languageor data demonstrating adequacy of the permit. Underthese circumstances, EPA will confirm the agreements inwriting. Any EPA objection will include a statement of the reasons for the objection and a specific description of the conditionsthat the permit must include. Resolvinq ObiectionsAfter the Initial45-day Period In an attempt to resolve objection issues, the Districtwill contact 

### EPA 

### as soon as possible but no later than 45 days after receivingany 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, "Additional45-day review by EPA," will be followed for the review of these changes. For the changes made 

### in response to 

### EPA'sDistrictJEPATitle 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 notifyingthe District. Duringthis period,the 

### EPA may approvethe District's proposal either 

### inwriting, or 

### by choosing not to provide written comments. If the 

### €PA is not satisfied with the proposed changes or additional data, then EPAwill communicate the basis for its continued objection 

### inwriting, and identify the specific shortcomings inthe District's proposal. Within 6 monthsfrom the date of this agreement, 

### EPAwill 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 receivingan objection, 

### to submit 

### a revised proposal orjustification 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 in40 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 permitto 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 objectsto the revised proposal. Scope of EPA 

### Review 

### Bevond Initial Review Period 

# . The purpose of additional 

### €PA review beyondthe initial 

### 45 day period is to allow for the review of changes made subsequentto the initial EPA review. After the initial45 day comment period, 

### EPA review will generally be limitedto unresolved issues addressed inthe original €PA cornrnenWobjection letter, issues brought up in public comments on the permit, and any changes madeto the permit since the preliminary notice.

### DistrictJEPA

### Title V 

### Permit Review Protocol October 

### 1998 Page 3



### Date: 

## 1

## / 15

## 198'
Executedfor 

### USEPA By: 

### Date: Executedfor 

### 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