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 

Eastern Kern Air Pollution Control District 

Rule 202 − Permit Exemptions 

February 17, 2015 

Prepared by Larry Maurin and Jefferson Wehling 

Approved by Gerardo Rios 
1 

Eastern Kern Air Pollution Control District (EKAPCD or District) 

Submitted Rule 

• Rule 202, Permit Exemptions, was originally adopted on April 18, 1972 under the title, 

Exemptions. The rule has been revised ten times since the last SIP-approved version of 

the rule was approved by EPA on July 6, 1982. See Table 1 below for a list of the 

adoption and submittal dates for revisions of Rule 202. While each of these revisions was 

submitted to EPA for inclusion in the SIP, EPA has not taken action on any of these 

submittals. The current rule revision was adopted on January 13, 2011 and was submitted 

by the California Air Resources Board (CARB) on June 21, 2011. While EPA can only 

take action on the most current submittal, we list below all of the changes made since 

Rule 202 was last SIP approved.

Table 1. Adoption and corresponding submittal dates

of EKAPCD Rule 202 revisions 

Adoption Date Submittal Date 

April 25, 1983 July 19, 1983 

November 18, 1985 June 22, 1987 

August 22, 1989 January 28, 1992 

April 30, 1990 January 28, 1992 

August 19, 1991 January 28, 1992 

May 2, 1996 July 23, 1996 

January 8, 1998 May 18, 1998 

March 13, 2003 June 5, 2003 

January 8, 2004 February 20, 2004 

January 13, 2011 June 21, 2011 

Applicable State Implementation Plan (SIP) Rule 

• Rule 202, Exemptions – The SIP approved version of this rule was adopted on December 

15, 1980, submitted on March 23, 1981, and approved into the SIP on July 6, 1982 (47 

FR 29231).

Background 

Eastern Kern County is currently classified as a marginal nonattainment area for the 2008 and 

1997 federal 8-hour ozone standards, a serious nonattainment area for PM10, and attainment or 

unclassifiable for all other National Ambient Air Quality Standards (NAAQS). 

Agricultural operations are a significant source of air pollution throughout the state of California, 

including Eastern Kern County. Historically, agricultural operations had been exempted from 

many regulatory requirements, including the need for air pollution permits. On September 22, 

2003, California Senate Bill 700 (SB 700) became law and removed the blanket permitting 

exemption for agricultural sources provided under California Health & Safety Code (CH&SC) 
2 

section 42310(e) and subjected large agricultural sources to various permit requirements for the 

first time. 

EKAPCD was required to amend and adopt a number of rules to comply with the requirements 

of SB 700, including revisions to Rule 202. The state law also requires permits and emission 

mitigation for Large Confined Animal Facilities (LCAF) as defined by CARB. 

Purposes of Rule and Descriptions of Rule Amendments

Rule 202 – Permit Exemptions was originally developed as part of the District’s New Source 

Review (NSR) permitting program. The rule identifies processes, articles, machines, equipment, 

or other contrivances for which an Authority to Construct (ATC) and/or Permit to Operate (PTO) 

is not required. Rule 202 also requires recordkeeping to verify and maintain certain exemptions. 

While EPA can only act upon the most recent submitted version of Rule 202, we have reviewed 

all of the changes made since EPA last approved Rule 202 into the Kern County portion of the 

California SIP1. EPA has evaluated the following list of revisions made to the existing SIP 

approved version of Rule 202, compared with the approved version of Rule 202. 

1. Existing Rule 202 – Exemptions was revised as follows: 

• Section a is now listed in section I.B. The exemption was revised to reference the 

definition in Rule 102, Definitions, which is SIP approved, rather than the definition in 

the CH&SC. 

• Section b is now listed in section II.B. The exemption was revised to clarify which types 

of vehicles are exempt from permitting requirements including locomotives, airplanes, 

and watercraft used to transport passengers or freight, excluding equipment used for 

dredging of waterways or pile driving adjacent to or in waterways. 

• Section c is now listed in section I.A. The exemption has been revised to apply only to 

“incinerators,” rather than “equipment,” used in connection with structures designed for 

and used exclusively as a dwelling for not more than four families. 

• Section d.1 is now listed in section II.L.4. 

• Section d.3 is now listed in section II.A.2. This exemption has been revised to lower the 

power rating for the exemption of piston-type internal combustion engines. The 

maximum continuous design power rating is now 50 brake horsepower. The maximum 

exempt rating was formerly 500 brake horsepower. In addition, the exemptions for 

internal combustion engines used in agricultural operations necessary for the growing of 

crops or for the raising of fowl or animals, as well as those not attached to a stationary 

foundation have been removed. 

• Section d.4 is now listed in section II.C. This exemption has been revised in several 

ways. The exemption for water cooling ponds has been removed. In addition, the 

 

1

 In 1992 the western portion of Kern County was incorporated into San Joaquin Valley Air Pollution Control 

District (SJVAPCD) leaving the remaining eastern portion as the Kern County Air Pollution Control District 

(KCAPCD). On May 13, 2010, the Kern County APCD was renamed the Eastern Kern APCD. Submitted Rule 

202 will only update the Eastern Kern APCD portion of the California SIP. 
3 

exemption now excludes cooling towers with a circulation rate of more than 1,000 

gallons/minute or used for cooling liquids containing volatile organic compounds are no 

longer exempt. 

• Sections d.6 and e.7 have been combined and are now listed in section II.F. The 

exemption has been revised in several ways. Rather than only exempting “presses” for 

extruding metals, minerals, plastics or wood, or “equipment” used for compression or 

injection molding; the provision now exempts any “source operation” used exclusively 

for “extruding or compression molding of rubber products or plastics,” and limits the 

exemption to operations where no plasticizer or blowing agent is present. Overall, fewer 

types of materials and processes qualify for an exemption. 

• Section d.7 is now listed in section II.A.4. The exemption has been revised to specify that 

only natural gas or liquefied petroleum gas-fired equipment used for space-heating is 

exempted. 

• Section d.10 is now listed in section II.L.2. Additional language has been added to this 

exemption to clarify that any engine or other equipment associated with the exempted 

equipment used exclusively to compress or hold dry natural gas is not exempted from the 

requirement to obtain a permit. 

• Section d.13 is now listed in section II.E.3. 

• Section e.2 is now listed in section II.L.1. New language was added to limit applicability 

to only “conventional” brazing, soldering, or welding operations and to clarify that any 

engine or other equipment associated with the exempted equipment, is not exempted 

from the requirement to obtain a permit. 

• Section e.3 is now listed in sections II.E.1 & 2. The exemption for ovens used in bakeries 

has been narrowed to only include those producing less than 1,000 pounds of product per 

operating day, and only if exempted by Subsection II.A.1, or if electrically heated. 

• Section f is now listed in section II.A.1. This exemption has been revised to lower the 

maximum heat input rating for steam generators, steam superheaters, water boilers, water 

heaters, steam cleaners, and closed transfer systems from 35 to 5 MM BTU/hr. New 

language was also added to restrict the chemical composition of the natural gas and/or 

liquefied petroleum gas used to no more than 5 percent by weight hydrocarbons heavier 

than butane (as determined by test method ASTM E-260-73) and no more than 0.30 

grains of total sulfur per 100 standard cubic feet of gas (as determined by test method 

ASTM D-1072-80). 

• Section h.3 is now listed in section II.G.6. This exemption has been revised to limit 

applicability to the storage of liquefied gases in unvented (except for emergency relief) 

pressure vessels. 

• Section h.4.a is now listed in section II.G.3. The exemption has been revised to limit 

applicability only to storage of unheated organic material that is not used as a fuel. 

• Section h.4.b is now listed under II.G.4.c. The exemption was revised to add storage of 

non-air-blown asphalt, in addition to fuel oils, as long as the specific gravity is 0.9042 or 

higher. 
4 

• Section h.4.c is now listed in section II.G.4.a. The exemption has been revised by limiting 

applicability to storage of petroleum distillates with a capacity of less than 19,800 gallon 

(471 bbls) or less, whereas no maximum volume is specified in the current SIP-approved 

version of the rule. The existing storage capacity limitation of 40,000 gallons has been 

removed. 

• Section h.5 is now listed in sections II.G.5 and II.H.6. The exemption has been revised 

and now includes store greases in addition to refined lubricating oils. 

• Section h.6, as it pertained to “solvent rinsing containers” is now listed in section II.I.2.a. 

The exemption has been revised in several ways. The term “solvent rinsing containers” 

has been replaced by the term “cleaning equipment,” and additional wording added to 

clarify that cleaning equipment does not include emission control enclosures. Language 

was also added to limit the exemption to equipment with a surface area of 10.0 rather 

than 10.8 square feet; using solvents with an initial boiling point of 120° C; and must be 

located at a stationary source losing less than 25 gallons of solvent per year to the 

atmosphere. 

• Section h.7 is now listed in section II.G.7. 

• Section h.9 is now listed in section II.G.2. The exemption has been revised to specify the 

storage of “unheated organic material” rather than “gasoline.” 

• Section i is now included in section I.B. Self-propelled mobile construction equipment is 

included in the definition of “Motor Vehicle” in EKAPCD Rule 102, Definitions. “Motor 

Vehicle” is defined in EKAPCD Rule 102, Definitions as a subset of “Vehicle” which is 

self-propelled.

• Section j is now included in section I.B. Mobile agricultural implements used in 

agricultural operations are included in the definition of “Vehicle” in EKAPCD Rule 102, 

Definitions. “Vehicle” is defined in EKAPCD Rule 102, Definitions, as a device by 

which any person or property may be propelled, moved, or drawn upon a highway, 

excepting a device moved exclusively by human power. 

• Section l is now listed in section I.C. The exemption has been reworded for clarification. 

• Section n is now listed in section II.M. The exemption has been updated and defines the 

term “Low Emitting Unit” as “a source operation that meets the emissions limits 

specified in either Subsection 1 or 2 below and complies with Section IV, Recordkeeping, 

of this Rule. 

1. A source operation with a potential to emit any uncontrolled affected pollutant at 

a rate of less than or equal to 2 pounds in any 24-hour period, or 

2. A source operation with a potential to emit uncontrolled Oxides of Nitrogen 

(NOx) or Volatile Organic Compounds (VOCs) at a rate of less than or equal to 10 

pounds in any 24-hour period and less than or equal to 180 pounds in any 

calendar year.” 

2. Additional changes were made to Rule 202 by adding the following Administrative 

Provisions: 
5 

The rule was reformatted from a continuous listing of exempt equipment and operations 

into the following four main sections: 

• Section I, entitled California Health and Safety Code (CH &SC) Exemptions, lists 

specific types of equipment or operations for which the District is prohibited by state law 

(California Health and Safety Code (CH & SC), Sections 42310(a) & 41753) from 

requiring a permit. While sections I.A and I.B were formerly listed in sections a and c, 

sections I.C and I.D have been added and are discussed in further detail in Section III 

below.

• Section II, Additional Exemptions lists the specific equipment, operations or processes 

exempt from obtaining a permit to operate. Most of these exemptions were formerly 

listed in sections d-n. A discussion of the revisions to these provisions is provided above 

in Section I and a discussion of any new provisions is provided below in Section III.

• Section III, Provisions for Permitting Otherwise Exempt Source Operation provides that, 

notwithstanding provisions of Sections I and II of the Rule, an Authority to Construct and 

Permit to Operate may be required for source operations subject to any prohibitory rule or 

regulation, including, but not limited to NSPS or NESHAPS. A permit may also be 

required if there is potential to pose a significant risk to public health, or if the source 

operation is proposed as part of soil or groundwater remediation project.

• Section IV, Recordkeeping specifies the recordkeeping required for various exemptions 

to verify and maintain applicability of any exemption.

3. The following new exemptions were added to Rule 202 and are listed by categorization: 

A. Equipment or processes that are exempted from a corresponding EKAPCD 

prohibitory rule which requires emission controls 

• II.A.3 − Gas turbine engines with a maximum heat input rating of 3,000,000 Btu per 

hour or less at Standard Conditions as defined in Rule 102, Definitions (Rule 425).

• II.D − Printing, coating, or laminating facilities using less than 2 gallons per day of 

graphic arts materials. Graphic arts materials are any ink, coating, adhesive, fountain 

solution, thinner, retarder, or cleaning solution (Rule 410.7).

• II.G.1 − Storage of JP-8, NATO F-34, NATO F-35, and JP-8+100 engine fuels as 

defined in military specification number MIL-DTL-83133 (Rule 411).

• II.H − Loading racks (as defined in Rule 102) used exclusively for transfer of the 

following materials (Rule 413):

1. Unheated organic materials not used as a fuel with an initial boiling point of 

150°C (302°F) or greater as measured by test method ASTM D-86;

2. Petroleum distillates with 0.8251 specific gravity or higher (40°API or lower) as 

measured by test method API 2547 or ASTM D-1298-80; 

3. Unrefined oil, asphalt, or residual oil from tanks not requiring permits in 

accordance with this Rule; 

4. Unrefined oil with 0.8762 specific gravity or higher (30°API or lower) as 

measured by test method API 2547 or ASTM D-1298-80; 
6 

5. Unrefined oil, asphalt, or residual oil from a delivery vehicle if loading equipment 

is attached to such vehicle; and 

6. Refined lubricating oil. 

• II.I.2. – Unheated, non-conveyorized cleaning equipment (not including emission 

control enclosures): 

a. with an open surface area of 10.0ft2 or less, and an internal volume 92.5 gallons or 

less; 

b. using only organic solvents with an initial boiling point of 120°C (248°F) or 

greater as determined by ASTM 1078-78; and 

c. located at a stationary source losing less than 25 gallons of solvent per year to the 

atmosphere from all such equipment at the stationary source. Solvent lost shall 

not include solvent recycled or disposed of properly. Any person claiming 

exemption pursuant to this subsection shall maintain adequate monthly records to 

document his exempt status (Rules 410 and 410.3). 

B. Sources with insignificant emissions 

• II.G.4.b − Storage of unrefined oil with a specific gravity of 0.8762 or higher (30°

API or lower) as measured by test method API 2547 or ASTM D-1298-80 with a 

capacity of 100 bbl or less.

• II.J − Abrasive Blasting Equipment:

1. Blast cleaning cabinets in which a suspension of abrasive in water is used; 

2. Any manually-operated abrasive blast cabinet, vented to a dust-filter, where the 

total internal volume of the blast section is 50 cubic feet or less; 

3. Enclosed equipment used exclusively for shot blast removal of flashing from 

rubber and plastics at sub-zero temperatures; 

4. Shot peening operations, provided no surface material is removed; and 

5. Portable sand/water blaster equipment and associated piston type internal 

combustion engine, provided water in the mixture is maintained at 66% or more 

by volume during operation of such equipment. Piston type internal combustion 

engines must be exempt pursuant to Subsection II.A.2. 

• II.L.3 – Unvented (except for emergency pressure relief) pressure vessels associated 

with a source operation exempt from permit. 

• II.N − Temporary Source Operation: Any source operation, as defined in Rule 102, 

Definitions that has not occurred in the previous 2 calendar years, will operate for less 

than 12 consecutive months, and expected to emit less than 500 pounds of affected 

pollutants during the operation period. 

Any source seeking Temporary Source Operation exemption must comply with the 

following provisions. 

1. An application and filing fee in accordance with District Rule 301 shall be 

submitted to the Control Officer to qualify for the exemption listed in this section. 

Additionally, application shall be subject to application processing and priority 
7 

processing fees as stated in Rule 303. Such application shall include: 

identification of source operation, documentation of expected emissions, and 

proposed form and location of records to be used to verify qualification for 

exemption. Such requests shall be acted upon by the District within 30 days. Each 

request for reapplication shall be accompanied by filing fee in accordance with 

District Rule 301; and 

2. Sufficient records verifying compliance with Temporary Source Operation limits 

shall be collected and maintained in accordance with Section IV.A 

(Recordkeeping) of the rule. 

C. Equipment or operations which are not subject to NSR program requirements 

because they are not stationary sources 

• I.D − Portable engines and/or equipment associated with such engines qualifying for 

and in compliance with CARB's statewide registration system.

• II.I.1 − Equipment used for application of architectural surface coatings. Architectural 

surface coating is defined as any coating applied to stationary structures and their 

appurtenances, to mobile homes, to pavements, or to curbs.

D. Agricultural source exemptions added pursuant to SB 700 and CARB definition of 

Large Confined Animal Facility (LCAF) 

II.K. – This provision was added to read as follows: 

An Agricultural Facility or Confined Animal Facility (CAF)2

 (as defined in Rule 102, 

Definitions) that meets all of the following requirements: 

1. Actual emissions are less than one-half the Major Source thresholds as defined in 

District Rule 201.1, Permits to Operate for Sources Subject to Title V of the 

Federal Clean Air Act Amendments of 1990, Section II.U; and 

2. Houses quantities of each class of animal less than: 

1,000 milk-producing dairy cows; 

2,500 horses; 

3,000 swine; 

3,500 beef cattle; 

7,500 calves, heifers, or other cattle; 

15,000 sheep, lambs, or goats; 

30,000 rabbits or other animals not in this list; 

100,000 turkeys; 

650,000 chickens other than laying hens; 

650,000 laying hens; 

650,000 ducks.

 

2

 Confined Animal Facility (CAF) as defined in SIP under EKAPCD Rule 102, Definitions, is effectively equivalent 

to the CARB definition of Large Confined Animal Facility (LCAF). 
8 

Rule Evaluation 

EPA is primarily using the following two criteria to evaluate Rule 202. 

1. Enforceability – CAA §110(a)(2)(A) requires that regulations submitted to EPA 

for SIP approval must be clear and legally enforceable. 

2. New Source Review Program Requirements − 40 CFR part 51, Subpart I – 

Review of New Sources and Modifications, which allows permit authorities to 

exempt small sources from permit requirements if regulating those sources is not 

necessary for the area to attain or maintain any NAAQS. 

The Clean Air Act through 40 CFR 51.160 – 51.165 requires States (Districts in California) to 

establish a program for preconstruction review of new or modified major stationary sources 

(New Source Review – NSR), including procedures for authorizing construction of such sources 

(40 CFR 51.160(a)). The District issues permits referred to as Authority to Construct (ATC) to 

authorize construction of new and modified sources.

Rules 201 – Permits Required, 202 – Permit Exemptions, and 210.1 – New and Modified 

Stationary Source Review (NSR) are the major components of EKAPCD’s NSR program. 

Rule 201 requires sources to obtain an ATC for construction and PTO for operation of 

sources as part of NSR. Rule 202 identifies which sources are not required to obtain an 

ATC and/or PTO. Rule 210.1 establishes the requirements for new and modified 

stationary sources to ensure that the operation of such sources does not interfere with the 

attainment or maintenance of National Ambient Air Quality Standards. Under the federal 

NSR program, all major stationary sources (ones with potential emissions over specified 

thresholds) are required to obtain an ATC prior to construction. For minor sources (nonmajor), a district has flexibility to determine which types and sizes of sources are 

required to obtain an ATC as necessary to ensure attainment and maintenance of the 

NAAQS in accordance with their SIP approved attainment plan (40 CFR 51.160(e)). This 

technical support document discusses only Rule 202 which we are evaluating for 

approval into the Eastern Kern portion of the California SIP. 

Rule 202 – Permit Exemptions – Numerous revisions have been made to Rule 202, 

which are described above in the section titled “Purposes of Rule and Descriptions of 

Rule Amendments.” These changes include not only administrative changes to the rule 

such as re-numbering and updating the format, but also the addition of general 

provisions, revisions, deletions and additions to the types of equipment exempted from 

permit requirements. The administrative changes to the rule generally provide additional 

clarity to the rule and do not affect the stringency of the District’s NSR program and 

therefore do not require further evaluation. The new general provisions, revisions, and 

additions to the exemptions found in the current SIP-approved rule version of Rule 202 

are evaluated below as necessary to further explain why the changes are acceptable. 

1. Revision of Existing Rule 202 Exemptions 

• Section b is now listed in section II.B. The exemption was revised to more specifically 

define the type of vehicles which are exempt from permit requirements including 
9 

locomotives, aircraft, marine vessels and recreational watercraft which are not considered 

stationary sources under the NSR program. The revisions also strengthen the SIP by 

excluding from exemption equipment used for dredging of waterways or pile driving 

adjacent to or in waterways. These revisions make the SIP no less stringent.

• Section c is now listed in section I.A and has been revised to apply only to incinerators, 

rather than any equipment, used in connection with structures. This revision strengthens 

the SIP.

• Section d.3 is now listed in section II.A.2. The exemption has been revised to lower the 

power rating for exemption of piston-type internal combustion engines. The maximum 

continuous design power rating is now 50 brake horsepower. The maximum exempt 

rating was formerly 500 brake horsepower. In addition, the exemptions for internal 

combustion engines used in agricultural operations necessary for the growing of crops or 

for the raising of fowl or animals, as well as those not attached to a stationary foundation 

have been removed. The removal of these exemptions occurred in 2003 in accordance 

with the exemption of agricultural operations from permitting requirements being 

removed from the California Health and Safety Code. These revisions strengthen the SIP.

• Section d.4 is now listed in section II.C. The exemption has been revised in several ways 

by removing exemption for water cooling ponds and limiting applicability only to water 

cooling towers. In addition, the exemption now includes cooling towers with a circulation 

rate of more than 1,000 gallons/minute or used for cooling liquids containing volatile 

organic compounds are no longer exempt, thus strengthening the SIP.

• Sections d.6 and e.7 have been combined and are now listed in section II.F. The 

exemption has been revised in several ways. Rather than only exempting “presses” for 

extruding metals, minerals, plastics or wood, or “equipment” used for compression or 

injection molding; the provision now exempts any “source operation” used exclusively 

for “extruding or compression molding of rubber products or plastics,” and limits the 

exemption to operations where no plasticizer or blowing agent is present. Overall fewer 

types of materials and processes qualify for an exemption. Exemption for equipment used 

exclusively for the extrusion of plastics already exists in the current approved version of 

the SIP. There is no significant difference in emissions between the extrusion of rubber 

and plastics. The inclusion of this provision merely provides additional clarity. The 

revisions to this exemption make the SIP no less stringent.

• Section e.2 is now listed in section II.L.1. The exemption has been revised to specify 

applicability to “conventional” brazing, soldering, or welding operations only. For clarity, 

the rule has been revised to state that any internal combustion engine or other equipment 

associated with the exempted equipment that would otherwise require permits is not 

exempt. This clarification has been added in order to improve enforceability and to 

prevent sources from claiming exemption for equipment by association with exempt 

equipment.

• Section e.3 is now listed in sections II.E.1 & 2. The exemption for ovens used in bakeries 

has been narrowed to now only apply to those producing less than 1,000 pounds of 

product per operating day, and only if exempted by Subsection II.A.1, or if electrically 

heated. These ovens were exempted because they were deemed by the District to have 
10 

insignificant emissions. Therefore, the revisions are acceptable because they make the 

SIP no less stringent.

• Section f is now listed in section II.A.1. The exemption has been revised to lower the 

maximum heat input rating for steam generators, steam super heaters, water boilers, 

water heaters, steam cleaners, and closed transfer systems from 35 to 5 MMBTU/hr. New 

language was also added to restrict the chemical composition of the natural gas and/or 

liquefied petroleum gas used to no more than 5 percent by weight hydrocarbons heavier 

than butane (as determined by test method ASTM E-260-73) and no more than 0.30 

grains of total sulfur per 100 standard cubic feet of gas (as determined by test method 

ASTM D-1072-80). All of these modifications to the rule serve to further limit and 

clarify which equipment is exempt from permit requirements and strengthen the SIP.

• Section h.4.b, now listed under II.G.4.c, now includes storage of non-air-blown asphalt. 

Although this constitutes a categorical expansion of the exemption, the minimum specific 

gravity of 0.9042 for materials specified for storage in this exemption has remained the 

same. The revisions made to this exemption are acceptable because they make the SIP no 

less stringent.

• Section h.4.c is now listed in section II.G.4.a. The exemption has been strengthened by 

limiting applicability to storage of petroleum distillates with a capacity of 19,800 gallons 

(471 bbls) or less, whereas no maximum volume for storage equipment is specified in the 

current SIP-approved version of the rule. Additionally, the term “petroleum distillates” 

has replaced “fuel oils”, narrowing the exemption, as petroleum distillates are considered 

to be a subset of fuel oils.

• Section h.5 is now listed in sections II.G.5 and II.H.6. The exemption has been revised to 

expand applicability to storage of greases in addition to refined lubricating oils. Because 

of the high specific gravity rating of greases, they are not a significant contributor of 

VOC emissions. The revisions to the exemption make the SIP no less stringent.

• Section h.9 is now listed in section II.G.2. The exemption has been reworded and 

expanded to apply to the storage of “unheated organic material” rather than “gasoline.” 

While gasoline is considered to be a subset of unheated organic materials, few unheated 

organic materials which are commonly stored in tanks have a lower specific gravity and 

are more volatile than gasoline. Therefore, the revisions to this exemption are acceptable 

because they make the SIP no less stringent.

2. Addition of New Administrative Provisions 

EKAPCD added a number of new general provisions to Rule 202. These new general 

provisions are described above in the “Purposes of Rule and Rule Amendments” 

section of this document. 

• Section III, Provisions for Permitting Otherwise Exempt Source Operation requires 

otherwise exempt pieces of equipment to operate under a permit if it is part of a process 

that requires an ATC. Section III also identifies when an otherwise listed piece of 

equipment may not be exempt from permit requirements, for example when the 

equipment is subject to a NSPS or NESHAP. In general, this section places additional 
11 

restrictions on the exemptions listed in Sections I and II and provides that the Control 

Officer may determine when a source that is otherwise listed in the rule may require an 

ATC. Since this language narrows the scope of the exemptions listed in the current SIPapproved version of Rule 202, this revision provides a strengthening of the SIP.

• Section IV, Recordkeeping adds the requirement for recordkeeping to verify and maintain 

any exemption. This new requirement greatly strengthens enforceability of Rule 202 as 

required by CAA §110(a)(2)(A).

3. Addition of New Exemptions not included in current SIP-approved rule 

In the “Purpose of Rule and Description of Rule Amendments” section of this document we 

grouped all new exemptions into 4 groups according to the basis for the exemption. The 

discussion of the impact and approvability of these changes are provided below utilizing the 

same 4 groupings. 

A. Equipment or processes that are exempted from a corresponding EKAPCD 

prohibitory rule which requires emission controls 

Under this grouping we have included equipment or processes that are exempted from 

prohibitory rule requirements due to output, size, low emissions or type of fuel used. 

These exemptions in such rules are typically based on a district’s determination, made 

during the rule adoption process, that it is not reasonable to subject such sources to 

control requirements because they are small and it is not cost-effective. EPA considers 

the District’s decision to establish permit exemption thresholds that mirror prohibitory 

rule applicability or exemption thresholds to be reasonable because these emission units 

are not subject to any emission control requirements. Because no additional emission 

reductions would occur if such sources were required to obtain an ATC, the addition of 

these exemptions has no effect on the District’s ability to attain or maintain any NAAQS 

and the exemptions are therefore approvable. 

B. Sources that have insignificant or de minimus emissions 

After review of the sources listed in this category, EPA concurs with the District that the 

listed sources have very low levels of emissions due to the type of process (e.g. 

mechanical or physical processes) and that they can be classified as insignificant 

emissions and/or they are equipment or activities that have been identified by EPA as 

trivial in EPA’s guidance document entitled “EPA White Paper for Streamlined 

Development of Part 70 Permit Applications” (See Attachment #7). Exempting these 

types of sources from permit requirements is consistent with the flexibility allowed to 

states to exempt from permit requirements sources that are not likely to interfere with 

their ability to attain and maintain the any NAAQS. See 40 CFR 51.160(e). 

C. Equipment or operations which are not subject to NSR program requirements 

because they are not stationary sources 

40 CFR 51.160(a) states that a NSR program must apply to “the construction or 

modification of a facility, building, structure, or installation....” NSR programs do not 

apply to mobile sources (including portable equipment) or other activities that have been 
12 

specifically excluded such as routine repairs or maintenance. Therefore EPA finds that 

the new exemptions for equipment not subject to the NSR program is acceptable. 

D. Agricultural source exemptions added pursuant to SB 700 and CARB definition of 

Large Confined Animal Facility (LCAF) 

Before SB 700 was adopted in 2003, air districts in California were prohibited by state 

law from requiring permits for pollutants emitted from agricultural sources. Because this 

prohibition existed in state law (CH&SC 42310(e)), most districts did not provide 

specific exemptions for agricultural sources from the requirement to obtain an ATC 

and/or PTO in their local permit exemption rule. SB 700 ended the prohibition contained 

in CH&SC 42310(e). As part of this rule revision, the District has added new language to 

implement revised state law under SB 700 by adding the following specific exemption 

thresholds for agricultural sources: 

Section II.K provides a new exemption from permit requirements for agricultural 

facilities and confined animal facilities (as defined in EKAPCD Rule 102) that meet both 

sets of eligibility criteria in sections II.K.1 and II.K.2. 

• Section II.K.1 restricts the exemption to agricultural facilities or confined animal 

facilities that maintain actual emissions (excluding fugitive PM10 emissions) of less 

than one-half the Major Source thresholds as defined in District Rule 201.1, Permit to 

Operate for Sources Subject to Title V of the Federal Clean Air Act Amendments of 

1990, Section II.U. 

• Section II.K.2 further restricts the exemption to confined animal facilities that 

maintain less than the listed number of specified animals. These facility-size 

thresholds are based on the definition developed under state law by CARB as to what 

constitutes a LCAF. CARB based the definition of LCAF on the number of animals 

housed daily at the facility and mainly focused their determination on air emission 

impacts from these sources in the San Joaquin Valley and South Coast (Los Angeles 

region) which are both “extreme” nonattainment areas for ozone and for which the 

major source threshold is 10 tons per year (tpy) for ozone precursors (VOC and NOx). 

As such, the size cuts established in CARB’s LCAF definition correspond to VOC 

emissions (i.e., the predominant ozone precursor emitted by such facilities) of less 

than 10 tpy. See page 33 of CARB’s Staff Report: Initial Statement of Reasons for 

Rulemaking, release date May 6, 2005, prepared in connection with developing the 

definition for LCAF. 

Based on these limitations, we are proposing to find that the minor source exemption satisfies 

40 CFR 51.160(e). 

4. CAA Section 110(l) Evaluation 

CAA section 110(l) states: “Each revision to an implementation plan submitted by a State 

under this chapter shall be adopted by such State after reasonable notice and public hearing. 
13 

The Administrator shall not approve a revision of a plan if the revision would interfere with 

any applicable requirement concerning attainment and reasonable further progress (as 

defined in section 7501 of this title), or any other applicable requirement of this chapter.” 

With respect to the procedural requirements of CAA section 110(l), based on our review of 

the public process documentation included in the June 21, 2011 submittal, we find that 

EKAPCD has provided sufficient evidence of public notice and opportunity for comment and 

public hearings prior to adoption and submittal of Rule 202. 

We have evaluated Rule 202 for consistency with CAA section 110(l). Except for the new 

exemptions provided in Section II.K which are discussed in more detail below, we find that 

potential emission increases due to the new permit exemptions, are offset by potential 

emission reductions from existing exemptions having been made significantly more 

stringent. For example, the applicability of several existing exemptions in Rule 202, such as 

the one for piston-type internal combustion engines and the one for low emitting units, have 

been significantly narrowed (e.g., from 500 to 50 bhp) or limited (e.g., from “sources of 

minor significance which may be specified by the ... control officer” to “potential to emit 

any uncontrolled pollutant at a rate of less than or equal to 2 pounds in any 24-hour period” 

or (for VOC) “less than or equal to 10 pounds ...”), thereby offsetting potential incremental 

emissions increases associated with the new permit exemptions added to Rule 202. 

We have also evaluated Section II.K of Rule 202 for consistency with CAA section 110(l). 

The new permitting exemption for certain new or modified minor agricultural sources would 

allow such new sources and modifications to avoid new source review, and the related air 

quality evaluations and control technology review. However, we find that the exemption 

would not interfere with reasonable further progress and attainment of any of the NAAQS 

within the area under EKAPCD jurisdiction or any other applicable requirement of the CAA. 

As discussed further in the paragraphs that follow, this is because of the limited nature of the 

exemption, the presence of other regulatory controls for exempt agricultural sources, the low 

ambient concentrations for the NAAQS pollutants within the EKACPD other than ozone, and 

the continuing downward trend in emissions expected within the EKAPCD. 

First, with respect to the limited nature of the exemption, we note that the exemption applies 

only to new or modified agricultural sources less than 50 tpy (including fugitive emissions 

other than fugitive PM10) in actual emissions based on EKAPCD’s designations and 

classifications for the various NAAQS and the CAA requirements under Title V. The 

exemption is further limited with respect to VOC emissions by excluding LCAF that are 

defined in terms that would generally trigger the permit requirement at emissions levels far 

less than 50 tpy of VOC. For instance, for dairy facilities, LCAF is defined as 1,000 milkproducing dairy cows and, based on CARB estimates presented in the CARB staff report 

cited above, a 1,000-cow dairy corresponds to VOC emissions of approximately 7.2 tpy. 

Thus, the emissions from exempt new or modified minor agricultural sources would be 

minimal and the foregone emissions reductions that might theoretically have been applied to 

such sources would be even less. 
14 

Second, certain exempt new or modified agricultural sources would be subject to controls in 

other regulations that would serve to limit the potential for significant emissions impacts 

from such sources. These regulations include EKAPCD Rule 417 (“Agricultural and 

Prescribed Burning”), last approved by EPA at 69 FR 21713 (April 22, 2004); EKAPCD 

Rule 421 (“Orchard Heaters”), last approved at 37 FR 19812 (September 22, 1972); and the 

California Department of Pesticide Regulation’s Fumigant Regulations, last approved at 77 

FR 65294 (October 26, 2012). 

Third, with respect to the “criteria” or “NAAQS” pollutants other than ozone and PM10, the 

area within EKACPD jurisdiction is designated as “attainment” or “unclassifiable,” see 40 

CFR 81.305, and ambient concentrations of these pollutants are low notwithstanding the fact 

that, historically, minor agricultural sources have not been subject to NSR permitting or 

related controls. For instance, preliminary data published by CARB indicates that the annual 

and 24-hour PM2.5 design values measured in the EKAPCD in 2013 (at the monitoring site in 

Mojave), are 7.2 micrograms per cubic meter (μg/m3) and 24 μg/m3, respectively, and are 

well below the corresponding NAAQS of 12.0 μg/m3 and 35 μg/m3

, respectively, Thus, we 

find that the continuation of the de facto status quo with respect to certain minor agricultural 

sources being exempt from NSR would not interfere with continued attainment of the 

applicable NAAQS. 

Fourth, while a portion of the EKACPD is classified as “serious” nonattainment for the PM10

NAAQS, ambient concentrations are well below the applicable NAAQS of 150 μg/m3

notwithstanding the historic lack of NSR controls on minor agricultural sources. For instance, 

preliminary CARB data indicates that, from 2009-2013, the highest 24-hour concentration of 

PM10 measured in the EKAPCD was 120 μg/m3

 in 2013 (at the site in Mojave), a value that 

is 20% below the applicable NAAQS of 150 μg/m3. Moreover, CARB emission inventory 

projections for EKAPCD predict that PM10 emissions will remain at approximately 27 tons 

per (annual average) day through 2025. See CARB Almanac Emission Projection Data 

(published in 2013) for EKAPCD for years 2012 and 2025. Once again, under the 

assumption that minor agricultural sources are not subject to NSR. Thus, we find that the 

permit exemption for certain minor agricultural sources would not interfere with attainment 

of the PM10 NAAQS in the EKAPCD. 

Lastly, EPA has classified “Eastern Kern,” which includes all of the EKAPCD except for 

Indian Wells Valley, as “marginal” nonattainment for the 1997 and 2008 ozone NAAQS. See 

40 CFR 81.305. “Marginal” areas are not required to submit attainment demonstration plans 

but are given only three years from the effective date of the designation to attain the standard. 

With respect to the 1997 ozone NAAQS, EPA has determined, based on ambient ozone 

concentration data for 2009-2011, that Eastern Kern attained the standard by the applicable 

attainment date. See 77 FR 71551 (December 3, 2012). Also, we note that CARB data 

predicts a continuing downward trend for both VOC and NOx emissions in EKAPCD 

through 2025 under the current regulatory program for stationary, mobile, and area sources 

that does not include NSR for minor agricultural sources. See CARB Almanac Emission 

Projection Data (published in 2013) for EKAPCD for years 2012 and 2025. Given the 
15 

ambient concentration data and emissions projections, we conclude that the permit exemption 

for certain minor agricultural sources would not interfere with continued attainment of the 

1997 ozone NAAQS. With respect to the 2008 ozone NAAQS, the applicable attainment date 

is in July 2015, and if Eastern Kern were to fail to attain the standard by that date, the area 

would be reclassified as “moderate” and thereafter be required to submit an attainment 

demonstration plan. Any such plan will need to account for the permit exemptions in Rule 

202 in developing the control strategy or take the necessary steps under state law (CH&SC 

42301.16(c)) to remove the exemption if the EKAPCD decides to do so. 

Therefore, for the reasons discussed above, EPA concludes that the new exemption in Rule 

202 for certain new or modified minor agricultural sources contained in Section II.K would 

not interfere with attainment and RFP or any other applicable requirement of the CAA. 

Rule Deficiencies

No deficiencies were found that would prevent EPA from recommending full approval of 

EKAPCD Rule 202 into the SIP. 

EPA Action 

EPA has reviewed the submitted rule in accordance with the Rule Evaluation criteria described 

earlier in this document. Consistent with the requirements of 40 CFR Subpart I, all major 

stationary sources are required to obtain an ATC permit prior to construction. For minor sources, 

EPA believes that the emissions from the types and sizes of equipment and operations exempted 

from NSR permit requirements are consistent with the flexibility afforded to states to regulate 

only those sources as necessary to assure attainment and maintenance of the NAAQS (40 CFR 

51.160(e)). 

As discussed in the Rule Evaluation section of this document, we have evaluated the revised rule 

for consistency with CAA Section 110(l) requirements. We conclude that the new and revised 

exemptions would not interfere with reasonable further progress and attainment of any of the 

NAAQS in the EKAPCD or any other applicable requirement of the CAA and thus is approvable 

under section 110(l) of the CAA because of (1) the limited nature of all new exemptions, (2) the 

narrowing of several existing exemptions, (3) the presence of other regulatory controls for 

exempt agricultural sources, (4) the low ambient concentrations for the NAAQS pollutants in 

EKAPCD other than ozone, and (5) emission projections that assume no NSR controls for minor 

agricultural sources yet decline or hold steady well into the future for PM10 and the ozone 

precursors. 

EPA recommends full approval of the following EKAPCD rule for incorporation into the 

California Applicable SIP, pursuant to section 110(k)(3) of the CAA as amended in 1990: 

• Rule 202 – Permit Exemptions (amended on January 13, 2011, submitted on June 21, 

2011), replacing Rule 202, Exemptions, approved into the SIP on July 6, 1982 (47 FR 

29231). 
16 

EPA Recommendations 

The following revisions to Rule 202 are not currently the basis for rule disapproval, but are 

recommended as improvements when this rule is amended. 

• Section II.L.1: The term “conventional” should be defined in Rule 202 to clarify how it 

relates to brazing, soldering, or welding operations. 

• Language should be added to section II.K to clarify that this exemption does not apply to 

any federal major source or major modification to a major source which requires a permit 

pursuant to Title I or Title V of the Clean Air Act. 

Attachments 

1. EKAPCD Rule 202, Permit Exemptions, as submitted on June 21, 2011. 

2. EKAPCD Staff Report (Rule 202) dated January 13, 2011. 

3. CARB Staff Report: Initial Statement of Reasons for Rulemaking, Public Hearing to 

Consider the Large Confined Animal Facility Definition, May 6, 2005. (Cover Only and 

page 33) 

4. EKAPCD Board Letter (Rule 202) dated January 8, 2004. 

5. California Senate Bill 700, dated September 22, 2003. 

6. EKAPCD Board Letter (Rule 202) dated March 13, 2003. 

7. U.S. EPA, “EPA White Paper for Streamlined Development of Part 70 Permit 

Applications” dated July 10, 1995. 

8. EKAPCD SIP Approved Rule 202, approved July 6, 1982. 

9. CARB, “Select 8 Summary,” summarizes 2012 and 2013 Ozone ambient monitoring data 

from monitoring sites within Eastern Kern. 

10. CARB, “Select 8 Summary,” summarizes 2012 and 2013 PM2.5 and PM10 monitoring 

data from monitoring sites within EKAPCD. 

11. CARB, “Select 8 Summary,” summarizes 2009-2013 PM10 ambient monitoring data from 

monitoring sites within EKAPCD. 

12. CARB, “Almanac Emission Projection Data, 2012 Estimated Annual Average Emissions, 

Kern County APCD.” 

13. CARB, “Almanac Emission Projection Data, 2025 Forecasted Annual Average 

Emissions, Kern County APCD.” 

14. EKAPCD SIP Approved Rule 102 (“Definitions”), approved May 4, 2012 (77 FR 

26448). 

15. CARB, “Area Designations for National Ambient Air Quality Standards, 8-Hour Ozone,” 

June 2013. 

16. CARB, “Area Designations for National Ambient Air Quality Standards, PM10,” 

September 2013. 

17. EKAPCD, “Eastern Kern Air Pollution Control District Boundary Map.”