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

, Pro vision of Sampling and Testing Facilities

Prepared by: Stanley Tong

J une 1 2

, 2012 2



RULE IDENTIFICATION

–

Agency: Monterey Bay Unified Air Pollution Control District ( MBUAPCD )

SIP Approved Rule: Rule 205

– Provision of Sam pling 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

F acilities

Amended

– March 21, 2001

Submitted

– May 31, 2 001

BACKGROUND

– Monterey Bay Unified Air Pollution Control District (MBUAPCD) is currently designated as attainment for the National Ambient Air Quality Standard s for the 8

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

and SO 2

.

RULE SUMMARY

- Rule 205 requires any person operating or using any article, m achine, 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 ope rate for that facility.

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

format by add ing a table of contents and adding sections for : purpose, applicability, exemptions, effective dates, references, definitions, and requireme nts. 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 sam pling 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 followin g 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 3

 Bluebook ( Guidance Document for Correcting Common VOC & O ther 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 comp ly 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 require ment 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 for mat an d makes one minor editorial c hange

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

submitted rule strengthens the version previously approved into the SIP and complies with CAA § 110(l) and § 193.

EPA ACTION

– Th e submitted Rule 205 strengthens the SIP by clarifying requirement s 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).

ATTACHMENT S

-

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 R elating 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, Augu st 21, 2001 ( http://www.epa.gov/region09/air/sips/littlebluebo ok2001.pdf )

.