Agenda Item No.16 

MONTEREY BAY UNIFIED 

AIR POLLUTION CONTROL DISTRICT 

STAFF REPORT 

Proposed Revisions to 

Rule 207 (Review of New or Modified Sources) 

Board Adoption Hearing 

April 20, 2011 

Prepared by: Mike Sewell 

Air Quality Engineer 

Approved by: Greg Chee, Supervising Air Quality Engineer 

Mike Gilroy, Deputy Air Pollution Control Officer 

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Agenda Item No.16 

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Agenda Item No. 16 

Background 

Authority 

Significant 

Proposed 

Provisions 

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Staffis proposing to revise Rule 207 (Review of New or Modified Sources) to 

incorporate the federal requirements for fine particulate matter. In addition, 

staff is proposing minor clarifications and clean-up language for the rule. 

On September 29,2010, the U.S. Environmental Protection Agency (EPA) 

published a rule which established new requirements for the Clean Air Act's 

Prevention of Significant Deterioration(PSD) program relative to fine 

particulate matter. 

EPA's regulation established PSD Increments and Significant Impact Levels 

for particulate matter less than 2.5 micrometers in diameter (PM2.5). This 

regulation also established May 15, 2011 as the deadline by which local Air. 

Pollution Control Districts will have regulations in place to implement these 

new requirements. 

. The District is authorized to adopt new and revise rules by: California Health 

and Safety (HSC) Code Sections 40001 and 40702. 

To facilitate the interpretation of the proposed revisions to Rule 207, the text 

proposed to be deleted is indicated with overstriking ( everstrikiag) and the text 

proposed to be added is indicated with redlining (redlining). The revisions 

proposed would: 

• Section 2.1: Add PMz.s as an affected pollutant and rename total 

suspended particulates (TSP) as particulate matter (PM) to align with 

present nomenclature, 

• Section 2.4: Replace TSP with PM2.s and PM10• 

• Section 2.5: Add the baseline date of October 20, 2010 for air quality 

increments for PMz.s and update the Increments Table by removing 

TSP and including PMz.s. TSP has been removed because there is no 

longer a National Ambient Air Quality Standard for TSP, 

• Section 2.36: Include the PM25 criteria in the Net Emissions Increase 

defmition and replace all references to TSP with PM, 

• Section 2.46: Rename the TSP definition as PM, 

• Section 2.47: Add a definition for PM2.s. 

• Section 2.51: Include the PM25 fraction in the defmition of Precursor, 

• Section 2.63: Remove the definition of TSP, 

• Section 4.1: Update the BACT Table to include PM2.s and replace TSP 

with PM, and add the applicability date for PM2.s. In addition, 

Asbestos, Beryllium, Mercury, and Vinyl Chloride have been removed 

from the table as these compounds are regulated under other federal 

regulations, 

Section 4.2: Replace TSP with PM, 
Affected Sources 

and Potential 

Fiscal Impact 

Socioeconomic 

Effects 

Alternative 

Analysis 

District 

Implementation 

Fiscal Impact 

npon District 

California 

Environmental 

Quality Act 

(CEQA) Status 

Comments 

Received 

Agenda Item No.16 

• Section 4.5: Add the PM2.s criteria for Protection of Class I Areas and 

replace TSP with PM, 

• Section 6.8: Update the reference for the required Air Quality Model, 

• Section 7.4: Add the applicability date for PM2.5, 

• Section 9.1: Update the reference for the required Air Quality Model, 

and 

• Section 9.3: Correct the example calculation. 

The proposed regulatory action described herein is exempt from the 

requirements of Health and Safety Code (HSC) Section 40728.5. However, a 

brief analysis of the potential fiscal impacts upon affected sources is provided 

herein. · 

The proposed revisions would have no impact on existing permitted sources. 

New projects with PM25 emissions above specific thresholds would be 

required to include additional information in their application which would 

enable the District to perform an Increments Analysis . 

The proposed regulatory action described herein would not significantly affect 

air quality or emissions limitations and therefore is exempt from Health and 

Safety Code (HSC) Section 40728.5, which requires that a socioeconomic 

analysis of the proposed action be performed. 

Since there are no new control standards being proposed, the proposed 

regulatory action described herein is exempt from California Health and Safety 

Code (HSC) Section 40727.2, which requires that a comparative alternative 

analysis of any new control standard be performed. 

Notice of the adoption of the revised rule will be made to all potentially 

affected sources, as part of the District's normal rule implementation process. 

There should be no significant fiscal impact upon the District from the 

proposed revisions to this rule. 

The proposed revisions to Rule 207 are Categorically Exempt under Section 

15308- Actions by Regulatory Agencies for Protection of the Environment, 

and therefore not subject to the requirements of Public Resources Code Section 

21000 et seq. 

None. 

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