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 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for

EPA ’ s Notice of Proposed Rulemaking

For the

California State Implementation Plan

As submitted by the California Air Resources Board

EPA’s Analysis of

San Joaquin Valley Unified Air Pollution Control District’s

1040 Enforcement

1050 Order of Abatement 1070 Inspections 1090 Penalty

April 22 , 2014

Prepared by Vanessa Graham

Approved by Andrew Steckel 2

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Agency : S an Joaquin Valley Unified Air Pollution Control District (SJV U APCD)

Sub mitted Rule s : (revised by the District on December 17, 1992 and submitted

to EPA on September 28, 1994 )

 Rule 1040 Enforcement

 Rule 1050 Order of Abatement

 Rule 1070 Inspections

 Rule 1090 Penalty

State Implementation Plan (SIP) Rules: There are no versions of SJVUAPCD Rule 1040, Rule 1050, Rule 1070, or Rule 1090 which have been SIP approved. 1

PURPOSE OF SUBMITTED RULES

Section 110(a) of the Clean Air Act (CAA) requires states to submit regulations that control volatile organic compounds, oxides of nitrogen, particulate matter and other air pollutants which harm human health and the environment. The rules were developed as part of the local agency’s program to control these pollutants.

The California Air Resources Board (CARB) submitted these rules on behalf of SJVUAPCD in part to fulfil infrastructure requirements outlined in sections 110( a ) (2)(A) and 110(a)(2) (C) of the CAA

.

The purpose of the se rules is as follows:

Rule 1040 defines the provisions of the California Health and Safety Code

under which SJVUAPCD rules are enforced.

Rule 1050 explain s the procedures for issuing an order of abatement, t he

rules governing hearings in the i ssuance of orders of abatement

, and the penalties for violating orders of abatement.

Rule 1070 outlines the D istrict’s authority in determining compliance with

District rules and regulations. It explains that i nspections shal l be made by

the District's enforcement agency for the purpose of obtaining information necessary to determine whether air pollution sources are in compliance with applicable rules and regulations.

1 CARB 's link to a ir d istrict r ules incorrectly states that SJVUAPCD R ules 1040 and 1050 were approved by the EPA
( http://www.arb.ca.gov/rldb/processform.php?did=SJU&rulenumber=&lookup=&Go=Go ! ). We believe this approval should instead, refer to Rules 1140 and 1150 which were submitted to EPA on the

same date. See 64 FR 39920 ( July 23, 1999 ) http://www.epa.gov/fed rgstr/EPA

- AIR/1999/July/Day

23/a18600.htm

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 Rule 1090 applies to any person or source operation that is required to comply with any SJV U APCD rules and regulations. It specifies that any person who violates any provision of the District's rules and Regulations is guilty of a misdemeanor and is liable for a penalty.

EPA EVALUATION AND ACTION

Generally, prohibitory SIP rules must be enforceable (see section 110(a) of the CAA) and must not relax existing requirements (see sections 110(l) and 193). We

have evaluated th ese SIP revisions to determine whether they would interfere with any applicable requiremen t concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the Act (CAA 110(l) and 193 ). Since

we expect to consider these rules with respe c t to CAA infrastructure SIP requirements, we have also considered these r equirements in our evaluation.

Evaluation of the submitted rules: Infrastructure SIP elements are addressed in portions of section 110(a)(2) of the

CAA . Under this section, states are required to meet basic structural requirements, includ ing but not limited to: a program to provide for the

enforcement of emission limits and control measures ; and adequate personnel and authority under State Law to carry out the implementation plan

. Rule 1040 includes a program to provide for the enforcement o f the measures described in 110(a ) (2)(A) of the CAA ). Rules 1050, 1070 and 1090 strengthen the enforceability of emission limitations and control measures as required in 110(a ) (2)(A) of the CAA. Because there are no specific rules regarding these requirements currently in the SJVUAPCD SIP, the submitted rules strengthen the

SIP , are adequately enforceable, and are consistent with the relevant CAA requirements including sections 110 and 193.

EPA has direct enforcement authorities under the CAA , which, in some cases,

are similar to the SJVUAPCD rules being acted on

. Nothing in SJVUAPCD's rules or EPA’s approval of these rules interferes with EPA’s independent federal authority. For example, EPA maintains independent inspection authority irrespective of SJVUAPCD Rule 1070.

EPA RECOMMENDED ACTIONS

There were no deficiencies found , and t he addition of these rules strengthens the

SIP. EPA staff recommends full approval of SJVUAPCD Rule 1040, Rule 1050,
Rule 1070, and Rule 1090 as amended on December 12, 1992 and submitted to

EPA on September 28, 1994.

REFERENCES

1. Submitted SJVUAPCD Rules 1040, 1050

, 1070 and 1090 as amended on
December 12, 1992 4

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. 2. Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2), EPA (September 2013).