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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
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Agency: San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)

Submitted Rules: (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 these rules is as follows:

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

under which SJVUAPCD rules are enforced. 

Rule 1050 explains the procedures for issuing an order of abatement, the 

rules governing hearings in the issuance of orders of abatement, and the 

penalties for violating orders of abatement. 

Rule 1070 outlines the District’s authority in determining compliance with 

District rules and regulations. It explains that inspections shall 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 air district rules incorrectly states that SJVUAPCD Rules 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/fedrgstr/EPA-AIR/1999/July/Day23/a18600.htm .
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Rule 1090 applies to any person or source operation that is required to 

comply with any SJVUAPCD 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 these SIP revisions to determine whether they would interfere with 

any applicable requirement 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 respect to CAA infrastructure SIP 

requirements, we have also considered these requirements 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, including 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 of 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 the 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
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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).