UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document 

for

EPA’s Direct Final Rulemaking

for the

California State Implementation Plan

Monterey Bay Unified Air Pollution Control District

Rule 205, Provision of Sampling and Testing Facilities

Prepared by: Stanley Tong

June 12, 2012
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RULE IDENTIFICATION –

Agency: Monterey Bay Unified Air Pollution Control District 

(MBUAPCD)

SIP Approved Rule: Rule 205 – Provision of Sampling and Testing 

Facilities 

Adopted – December 13, 1984

Submitted – February 6, 1985

EPA Approved – July 13, 1987 (52 FR 26148)

Subject of this TSD: Rule 205 – Provision of Sampling and Testing 

Facilities

Amended – March 21, 2001

Submitted – May 31, 2001

BACKGROUND –

Monterey Bay Unified Air Pollution Control District (MBUAPCD) is currently 

designated as attainment for the National Ambient Air Quality Standards for the 8-

hour ozone standard, lead, carbon monoxide, nitrogen dioxide, PM 2.5, PM 10, 

and SO2.

RULE SUMMARY -

Rule 205 requires any person operating or using any article, machine, equipment 

for which MBUAPCD requires a permit, to provide and maintain sampling and 

testing facilities as specified in the authority to construct or permit to operate for 

that facility.

The submitted rule updates the SIP approved rule to the current District rule 

format by adding a table of contents and adding sections for: purpose, 

applicability, exemptions, effective dates, references, definitions, and 

requirements. For rule clarity, the District also changed "the" to "their" in the 

following requirement:

A person operating or using any article, machine, equipment, or other contrivance 

for which District Rules require a permit shall provide and maintain such sampling 

and testing facilities as specified in the their Authority to Construct or Permit to 

Operate.

EPA EVALUATION –

Since MBUAPCD is designated attainment for the NAAQS, this rule is not a 

required element for the state implementation plan.

The following criteria were used to evaluate the submitted rule. 

1. Enforceability - The Bluebook (Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little 
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Bluebook (Guidance Document for Correcting Common VOC & Other Rule 

Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate 

compliance with the CAA §110(a)(2)(A) requirement for enforceability. 

2. SIP Relaxation - Where previous versions of rules have been SIP 

approved, new submittals must comply with CAA §110(l) and §193 

regarding SIP relaxations. We have evaluated this SIP revision to 

determine whether it would interfere with any applicable requirement 

concerning attainment and reasonable further progress (RFP) or any other 

applicable requirement of the Act (CAA 110(l)) or modify, in a 

nonattainment area, any SIP-approved control requirement in effect before 

November 15, 1990 (CAA 193).

The submitted rule primarily involves formatting changes to make it consistent with 

the District's rule format and makes one minor editorial change. The rule

requirements generally ensure that the submitted rule can be enforced. The 

submitted rule strengthens the version previously approved into the SIP and 

complies with CAA §110(l) and §193. 

EPA ACTION –

The submitted Rule 205 strengthens the SIP by clarifying requirements and 

standardizing the format of the rule. The rule largely fulfills the relevant CAA §110 

and part D requirements. EPA staff recommends a full approval of Rule 205

pursuant to CAA §110(k)(3) and §301(a). 

ATTACHMENTS -

1. MBUAPCD, Rule 205, Provision of Sampling and Testing Facilities, as 

submitted on May 31, 2001.

2. MBUAPCD, Rule 205, Provision of Sampling and Testing Facilities, as 

approved into the SIP on July 13, 1987. 

3. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 

Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988 

(http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf).

4. “Guidance Document for Correcting Common VOC & Other Rule 

Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001 

(http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf).