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 Rios2

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TSD Rescission of Superseded Riverside County and San Bernardino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 Revie w 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

M ojave Desert Air Quality Management District (M DAQMD ) of the follo wing 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 SIP3

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 rescis sions 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 porti on 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 applic able SIP.

Jurisdiction al History

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

law 1 effective July 1, 1993 . Initially, the MDAQMD included only t he 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 t he

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 u ntil 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 Califor nia SIP was submitted and approved by EPA

, the San Bernardino County A ir Pollution Control District (A PCD ) and Riverside County APCD were the agencies with jurisdiction over stationary sources within their respective counties. On July 16, 1975, the Los Ang eles County APCD, Orange County APCD, Riverside County APCD, and San Bernardino County APCD were unified into the Southern California APCD

. O n February 1, 1977, California split the Southern California APCD into the S outh Coast Air Quality Management District (S CAQMD ) 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 AP CD, 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 4 3 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 52.2 20(c)(107). The SCAQMD maintains jurisdictio n to this day over the Southeast D esert 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) §412 10.4

Relevant SIP Actions

R ules 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 R iverside County APCD and S an Bernardino County A PCD became the air pollution control agencies with jurisdiction over the

Southeast D esert portions of Riverside and San Bernardino Counties

. With respect to the newly

formed SCAQMD, state law provided that the rules of the Southern California APCD were to
remain in effect within the S CAQMD until amended by the SCAQMD board. 43 FR 25684, at 25685 (June 14, 1978). O n behalf of the county

- specific APCD s created upon the split of the Southern California APCD, ho wever, CAR B 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 R iverside County A PCD Rules 213, 213.1, and 213.2

and S an B ern ardino 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 ref erred 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, 198 2). 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 approv ing the August 11, 1980 SIP revision, we indicated that the eff ect
of the revision is to make all of the SCAQMD rules applicable through out Riverside County. See 47 FR 25013, at 25014 (June 9, 1982). Both the SCAQMD and the San Bernardino County

APCD versions of R ule 1301 included a provision that indicated that the 1300

- series rules (i.e., Regulation XIII) superseded, among other r ules, R ules 213, 213.1, and 213.2. This provision ha s been carried forward in subsequent approved versions of Regulation XIII. For example, SIP

approved 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 as5

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

On June 28, 1990, the SCA QMD 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 Cal ifornia 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 revi sions 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 R ules 203.1, 203.2, or 213.3 were ever approved into the MDAQMD portion of the SIP . In other words, we find no evidence tha t Rules 203.1, 203.2, or 213.3 adopted by MDAQMD, R iverside County APCD

, S an B ernardino County APCD , or SCAQMD, were ever approved by EPA as revisions to the applicable SIP.

Rescission s 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 t he 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 und er 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 Novembe r 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 a ppropriate 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

M DAQMD 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 R ules 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 Co unty 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 2 1, 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 Regulati on 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 approv al under section 110(k)(3) of the rescission s of Rules 213, 213.1, and 213.2 from the M DAQMD 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 applicab le SIP and avoid confusion as to the SIP status of these rules. The rescissions should be codified by the addition of paragraph s 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