Santa Barbara County APCD 2

- 1 June 20, 2013

Rule Findings

– Proposed Amended Rule 810 ATTACHMENT 2

RULE FINDINGS FOR AMENDED RULE 810, FEDERAL PREVENTION OF

SIGNIFICANT DETERIORATION (PSD )

Pursuant to California Health and Safety Code Section 40727, the Board makes the following findings for the adoption of amended Rule 810, Federal Prevention o f Significant Deterioration (PSD )

.

Necessity

The Board determines that it is necessary to adopt amended Rule 810, Federal Prevention o f Significant Deterioration (PSD ) to implement the EPA Greenhouse Gas Tailoring Ru le provisions (40 Code of Federal Regulations, Parts 51, 52, 70, and 71)

.

Authority

The Board is authorized under state law to adopt, amend, or repeal rules and regulations pursuant to Health and Safety Code Section 40000, and 40725 through 40728 which assigns to local and regional authorities the primary responsibility for the control of air pollution from all sources other than exhaust emissions from motor vehicles. Additionally, pursuant to Health and Safety Code Section 40702, the District Board is required to adopt rules and regulations and to do such acts as are necessary and proper to execute the powers and duties granted to it and imposed upon it by State law.

Clarity

The Board finds that proposed amended Rule 810

, Federal Prevention of Significant

Deterioration (PSD ) , is sufficiently cl ear. Proposed Amended Rule 810 was publicly noticed and reviewed by the Community Advisory Council. The rule is written or displayed so that its meaning can be easily understood by persons directly affected by it.

Consistency

The Board determines that p roposed amended Rule 810 is consistent with, and not in conflict with or contradictory to, existing federal or state statutes, court decisions, or regulations.

The neighboring air pollution control districts include the Ventura County Air Pollution Control District, the San Luis Obispo County Air Pollution Control District, and the San Joaquin Valley

Unified Air Pollution Control District. The San Luis Obispo County APCD and the Ventura County APCD are in the process of amending their PSD rules in a fashion similar to the District’s proposed amended Rule 810. The San Joaquin Valley Unified APCD Rule 2410 is similar to the District’s Rule 810. EPA approved Rule 2410 into the SIP with the understanding that the San Joaquin Valley Unified APCD would revise the rule in the future for clarity.Santa Barbara County APCD 2

- 2 June 20, 2013

Rule Findings

– Proposed Amended Rule 810 Based on this evidence, the Board finds that the rule s are consistent with neighboring air pollution control districts.

Nonduplication

The B oard finds that the proposed amended Rule 810, Federal Prevention of Significant

Deterioration (PSD ) does not impose the same restrictions as any existing state or federal regulation, and the proposed amendments are necessary and proper to execute the powe rs and duties granted to, and imposed upon, the District

.

Reference

The Board finds that we have authority under state law to adopt amended Rule 810, Federal Prevention of Significant Deterioration (PSD )

, pursuant to Health and Safety Code Section

39002

. Health and Safety Code Section 39002 assigns to local and regional authorities the primary responsibility for the control of air pollution from all sources other than exhaust emissions from motor vehicles. Additionally, pursuant to Health and Safety Cod e Section 40702, the Board is required to adopt rules and regulations and to do such acts as are necessary and proper to execute the powers and duties granted to it and imposed upon it by State law.

Public Comment

Response to Comments

The Board has rev iewed the responses to public comments included in Attachment 3 and hereby approves those responses to comments as findings.