United States Environmental Protection Agency, Region IX

Air Division

Technical Support Document 

for

EPA’s Notice of Direct Final and Proposed Rulemaking

for the

California State Implementation Plan

as submitted by the California Air Resources Board

EPA’s Analysis of the Rescission of 

Riverside County and San Bernardino County Air Pollution Control District 

New Source Review Rules from the Mojave Desert Portion of the 

California State Implementation Plan

May 2016

Prepared by Laura Lawrence

Approved by Gerardo Rios
2

Rule Identification

Agency Mojave Desert Air Quality Management District (MDAQMD)

Subject of this 

TSD

Rescission of Superseded Riverside County and San Bernardino 

County Air Pollution Control District New Source Review 

Rules from the Mojave Desert Portion of the California State 

Implementation Plan

Completeness 

Finding

Determination of Completeness letter: November 18, 2008 

SIP Revision Submittal 

The subject of this rulemaking is the submittal by the California Air Resources Board (CARB) of 

a revision to the California State Implementation Plan (SIP) consisting of the rescission by the 

Mojave Desert Air Quality Management District (MDAQMD) of the following rules. Section 

110(k) of the Clean Air Act (CAA or “Act”) requires EPA to take action on such SIP revisions. 

Current 

Agency

Agency When 

Rule was 

Submitted to SIP

Rule # Rule Title SIP Approval date 

and FR citation

MDAQMD/

SCAQMD

RCAPCD 203.1 Special Permit Provisions Not in SIP

MDAQMD/

SCAQMD

RCAPCD 203.2 Eligibility of Compensatory 

Emission Reductions

Not in SIP

MDAQMD/

SCAQMD

RCAPCD 213 Standards for Permits to 

Construct: Air Quality Impact 

11/09/78

43 FR 52237

MDAQMD/

SCAQMD

RCAPCD 213.1 Standards for Permits to 

Operate: Air Quality Impact

11/09/78

43 FR 52237

MDAQMD/

SCAQMD

RCAPCD 213.2 Definitions for Rules 213, 

213.1, and 213.3

11/09/78

43 FR 52237

MDAQMD/

SCAQMD

RCAPCD 213.3 Additional Standards for 

Permits to Construct and 

Operate

Not in SIP

MDAQMD SBCAPCD 203.1 Special Permit Provisions Not in SIP

MDAQMD SBCAPCD 203.2 Eligibility of Compensatory 

Emission Reductions

Not in SIP

MDAQMD SBCAPCD 213 Standards for Permits to 

Construct: Air Quality Impact 

11/09/78

43 FR 52237

MDAQMD SBCAPCD 213.1 Standards for Permits to 

Operate: Air Quality Impact

11/09/78

43 FR 52237

MDAQMD SBCAPCD 213.2 Definitions for Rules 213, 

213.1, and 213.3

11/09/78

43 FR 52237

MDAQMD SBCAPCD 213.3 Additional Standards for 

Permits to Construct and 

Operate

Not in SIP
3

These rules relate to the review of new or modified stationary sources (“New Source Review” or 

“NSR”). In the documentation to CARB requesting submittal to EPA of the rule rescissions, the 

MDAQMD expressed its view that submittal of the rescissions to EPA is not required because 

the rules had already been superseded in the applicable SIP by Regulation XIII, but that the 

agency requested submittal to EPA with the goal that explicit removal of the rules from the SIP 

would clarify the MDAQMD portion of the applicable SIP. CARB adopted the rule rescissions 

as a revision to the SIP and submitted them to EPA on October 20, 2008. Herein, we evaluate the 

rescission of Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3 from the MDAQMD portion of 

the applicable SIP.

Jurisdictional History

Mojave Desert Air Quality Management District (MDAQMD) was created under California state 

law1effective July 1, 1993. Initially, the MDAQMD included only the portion of San Bernardino 

County that lies outside of the jurisdiction of the South Coast Air Quality Management District 

(SCAQMD), but on July 1, 1994, the far eastern portion of Riverside County, referred to as the 

Palo Verde Valley, which includes the city of Blythe, was added to the MDAQMD. Because the 

rules that are the subject of the rescissions evaluated herein were adopted by predecessor air 

quality regulatory agencies and because, once approved, SIP rules continue to apply within a 

geographic area notwithstanding changes in jurisdiction of such agencies until modified by 

successor agencies and approved by EPA, it is necessary to recount the history of air pollution 

control agencies and relevant SIP actions affecting the geographic area now subject to 

MDAQMD jurisdiction.

In 1972, when the original California SIP was submitted and approved by EPA, the San 

Bernardino County Air Pollution Control District (APCD) and Riverside County APCD were the 

agencies with jurisdiction over stationary sources within their respective counties. On July 16, 

1975, the Los Angeles County APCD, Orange County APCD, Riverside County APCD, and San 

Bernardino County APCD were unified into the Southern California APCD. On February 1, 

1977, California split the Southern California APCD into the South Coast Air Quality 

Management District (SCAQMD) in the western coastal area (including Orange County, and the 

non-desert portions of Los Angeles, Riverside, and San Bernardino Counties and referred to as 

the “South Coast Air Basin”) and three separate APCDs (i.e., Los Angeles County APCD, San 

Bernardino County APCD, and Riverside County APCD and included within the “Southeast 

Desert Air Basin”), formed out of the remaining parts of the three counties in the eastern desert 

area. See 43 FR 25684 (June 14, 1978). 

The San Bernardino County APCD was succeeded by the MDAQMD in 1993. The Southeast 

Desert portion of Riverside County was added to the SCAQMD on December 1, 1977. See 

CARB SIP revision submittal dated August 11, 1980 and 40 CFR 52.220(c)(107). The 

SCAQMD maintains jurisdiction to this day over the Southeast Desert portion of Riverside 

County except, as noted above, for the Palo Verde Valley, which was added to the MDAQMD in 

1994.

 

1 California Health and Safety Code (H&SC) §41210.
4

Relevant SIP Actions

Rules 213, 213.1, and 213.2 in the MDAQMD portion of the California SIP

The Southern California APCD adopted Rules 213, 213.1, 213.2 in the mid-1970’s, and CARB 

submitted them to EPA on November 19, 1976. As noted above, effective February 1, 1977, state 

law dissolved the Southern California APCD, and the Riverside County APCD and San 

Bernardino County APCD became the air pollution control agencies with jurisdiction over the 

Southeast Desert portions of Riverside and San Bernardino Counties. With respect to the newlyformed SCAQMD, state law provided that the rules of the Southern California APCD were to 

remain in effect within the SCAQMD until amended by the SCAQMD board. 43 FR 25684, at 

25685 (June 14, 1978). On behalf of the county-specific APCDs created upon the split of the 

Southern California APCD, however, CARB re-submitted Rules 213, 213.1, and 213.2 on June 

6, 1977. The rules submitted on June 6, 1977 were identical to the previous submittal for the 

Southern California APCD. EPA approved Riverside County APCD Rules 213, 213.1, and 213.2

and San Bernardino County APCD Rules 213, 213.1, and 213.2 on November 9, 1978 (43 FR 

52237). 

In the same November 9, 1978 action, EPA also approved the November 19, 1976 submittal of 

Southern California APCD Rules 213, 213.1, and 213.2 into the California SIP. However, given 

that, by the time of final action, the Southern California APCD had been dissolved and that, 

under state law (CH&SC § 40416), the SCAMQD had assumed the authority, functions, and 

responsibilities of the Southern California APCD, the approval was limited to the geographic 

jurisdiction of the SCAQMD (i.e., the South Coast Air Basin). 

Several years later, on April 2, 1980 and August 15, 1980, CARB submitted a new set of NSR 

rules (Rules 1301-1308, 1310, 1311, and 1313 that collectively are referred to as “Regulation 

XIII”) for the SCAQMD as a revision to the California SIP. EPA approved the new SCAQMD 

NSR rules at 46 FR 5965 (January 21, 1981). See 40 CFR 52.220(c)(68)(i) and 40 CFR 

52.220(c)(70)(i)(A). 

On September 5, 1980, CARB submitted a similar set of NSR rules (Rules 1301-1308, 1310, 

1311, and 1313 also referred to as “Regulation XIII”) for the San Bernardino County APCD as a 

revision to the California SIP. EPA approved the San Bernardino County APCD NSR rules at 47 

FR 25013 (June 9, 1982). See 40 CFR 52.220(c)(87)(iv)(A). 

In our June 9, 1982 final action, we also approved a SIP revision submitted by CARB on August 

11, 1980 that added the eastern desert portion of Riverside County into the SCAQMD. See 40 

CFR 52.220(c)(107). In approving the August 11, 1980 SIP revision, we indicated that the effect 

of the revision is to make all of the SCAQMD rules applicable throughout Riverside County. See 

47 FR 25013, at 25014 (June 9, 1982). Both the SCAQMD and the San Bernardino County 

APCD versions of Rule 1301 included a provision that indicated that the 1300-series rules (i.e., 

Regulation XIII) superseded, among other rules, Rules 213, 213.1, and 213.2. This provision has

been carried forward in subsequent approved versions of Regulation XIII. For example, SIPapproved MDAQMD Rule 1300(D)(a)(i) states: “This Regulation shall supersede District Rules 

... 213, 213.1, 213.2 ... for all applications for ATC(s) which have not been accepted as 
5

complete prior to July 21, 1980 ... .” 

On June 28, 1990, the SCAQMD rescinded Rules 213, 213.1, and 213.2 from the district 

rulebook, and on April 5, 1991, CARB submitted the rescission to EPA as revision to the 

California SIP. On May 13, 1999 (64 FR 25828), EPA removed Rules 213, 213.1, and 213.2 

from the Southern California APCD portion of the California SIP (i.e., the South Coast Air Basin 

portion of the former Southern California APCD). See 40 CFR 52.220(c)(36)(i)(B). In so doing, 

we noted that the requirements in Rules 213, 213.1, and 231.2 are now in Rule 212 and 

Regulation XIII that EPA had approved into the SIP on December 4, 1996 (61 FR 64291). See 

64 FR 25828, at 25829 (May 13, 1999).

In 1993, MDAQMD adopted revisions to the 1300-series of NSR rules referred to as Regulation 

XIII. Regulation XIII was further amended on March 25, 1996 and was submitted for SIP 

approval by CARB on July 23, 1996. EPA approved Regulation XIII as a revision of the 

California SIP at 61 FR 58133 (November 13, 1996).

Rules 203.1, 203.2, and 213.3 in the MDAQMD portion of the California SIP

We find no evidence that Rules 203.1, 203.2, or 213.3 were ever approved into the MDAQMD 

portion of the SIP. In other words, we find no evidence that Rules 203.1, 203.2, or 213.3 adopted 

by MDAQMD, Riverside County APCD, San Bernardino County APCD, or SCAQMD, were 

ever approved by EPA as revisions to the applicable SIP.

Rescissions of MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 213.3

On April 28, 2008, MDAQMD repealed MDAQMD Rules 203.1, 203.2, 213, 213.1, 213.2, and 

213.3 from the district’s current rulebook. On October 20, 2008, CARB submitted the rescissions 

to EPA as a revision to the California SIP. We understand that the purpose of the submittal is to 

clarify the status of the applicable SIP with respect to these rules as adopted by predecessor 

agencies with jurisdiction over the area now under MDAQMD jurisdiction, and, if they were at 

one time but are no longer part of the applicable SIP, to remove references from 40 CFR 52.220

to avoid further confusion concerning their SIP status. This rescission request was found 

complete by EPA on November 18, 2008.

EPA Evaluation and Action

EPA’s evaluation begins with a review of the regulatory history of the rules submitted for 

rescission by CARB to determine whether they were ever approved in the relevant portion of the 

SIP, and if they had been approved in the SIP, whether they remain in the applicable SIP, i.e., 

whether they have been superseded by EPA approval of subsequent rules. If the rules are not part 

of the SIP, then no action is required or appropriate other than to clarify that fact. If the rules had 

been part of the SIP, but are no longer part of the applicable SIP due to supersession, then 

approval of the rescission is appropriate without further analysis because the action simply 

clarifies the content of the applicable SIP, conforming the CFR to reflect the effect of previous 

rulemakings. Through such an action, EPA does not intend to reopen previous SIP actions. 
6

For the reasons provided below, we find that the subject rules were never approved into the SIP 

or have been superseded by previous rulemakings. For the rules that had been approved but are 

no longer part of the applicable SIP, EPA is approving the rescission for the purpose of 

clarifying the SIP and to avoid confusion as to the SIP status of these rules.

 Rules 203.1, 203.2, and 213.3 in the MDAQMD portion of the SIP. A thorough review 

of 40 CFR 52.220, which contains the codification of EPA’s approval of all rules into the 

California SIP, does not show any record of these rules having ever been approved into 

the SIP. Therefore, we have determined that these rules are not contained in the 

MDAQMD portion of the California SIP, and rescission from the SIP is not required.

 Rules 213, 213.1, and 213.2 in the MDAQMD portion of the SIP. The relevant rules 

that were approved into the MDAQMD portion of the SIP include San Bernardino 

County APCD Rules 213, 213.1, and 213.2 and Riverside County APCD Rules 213, 

213.1, and 213.2. Both sets of rules were approved by EPA on November 9, 1978 (43 FR 

52237). San Bernardino County APCD Rules 213, 213.1, and 213.2 were superseded by 

approval of San Bernardino County APCD Regulation XIII at 47 FR 25013 (June 9, 

1982) because, among other reasons, Regulation XIII by its explicit terms superseded 

Rules 213, 213.1, and 213.2. San Bernardino County APCD Regulation XIII was later 

superseded by approval of an MDAQMD Regulation XIII at 61 FR 58133 (November 13, 

1996). Riverside County APCD Rules 213, 213.1, and 213.2 were superseded by EPA 

approval of SCAQMD Regulation XIII at 46 FR 5965 (January 21, 1981) because, at that 

time, the jurisdiction of the SCAQMD included all of Riverside County, including the 

Palo Verde Valley and because, among other reasons, Regulation XIII by its explicit 

terms superseded Rules 213, 213.1, and 213.2. SCAQMD Regulation XIII, as approved 

in 1981, has also been superseded by subsequent EPA SIP action.

Recommendation

Based on the research and analysis presented above, this TSD recommends full approval under 

section 110(k)(3) of the rescissions of Rules 213, 213.1, and 213.2 from the MDAQMD portion 

of the California SIP submitted by CARB on October 20, 2008. These rules were superseded in 

the applicable SIP many years ago, and approval of the rescissions will clarify the contents of the 

applicable SIP and avoid confusion as to the SIP status of these rules. The rescissions should be 

codified by the addition of paragraphs indicating deletion without replacement of Rules 213, 

213.1, and 213.2 in 40 CFR 52.220(c)(39)(ii)(J) and 40 CFR 52.220(c)(39)(iv)(J). 

Attachments

RCAPCD Rule 213

RCAPCD Rule 213.1

RCAPCD Rule 213.2

SBCAPCD Rule 213

SBCAPCD Rule 213.1

SBCAPCD Rule 213.2