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Perez, Idalia

From: Jeannine Tackett [Jeannine.Tackett@valleyair.org]

Sent: Wednesday, December 18, 2013 4:13 PM

To: Perez, Idalia

Cc: Steckel, Andrew; Kay, Rynda; Hong, Jeanhee; Drake, Kerry; samir.sheikh@valleyair.org;

Anna Myers; Jessi Fierro; Errol Villegas; Todd DeYoung

Subject: RE: question needed for response to comments on contingency measure SIP

Idalia, here are the responses to the questions you emailed Anna on Monday. Please let me know if you have any 

questions. We are still working on responses to Rynda’s email. Thanks

· The District's Board commitment states that it will account for its claimed NOx and PM2.5 emission 

reductions through annual demonstration reports pursuant to the requirements of Rule 9610.

· Section 6.1 of Rule 9610 states that “[a]ll documents created and/or used in implementing the requirements 

of Section 4.0 shall be kept and maintained as required by the applicable incentive program guidelines” and 

that “such records shall be made available for public review” consistent with the California Public Records 

Act and other related requirements. 

QUESTION: Are we correct that "documents created and/or used in implementing the requirements of 

Section 4.0" includes (1) all project-related records that SJV maintains in its project files (including 

information obtained from grantees) as required by the applicable guidelines (e.g., project application, 

contract, completed pre- and post-project inspection reports, and annual reports) and (2) information about 

grantees who violate their contract terms?

RESPONSE: Yes, you are correct. Documents created and/or used in implementing the requirements of 

Section 4.0 include project related records, including information obtained from grantees, as required by 

applicable guidelines. 

· The 2013 Annual Demonstration Report addresses the requirement in Section 6.1 of Rule 9610 by 

providing a link to a "Public Records Release Request" form on the District's website.

QUESTION: Are we correct that both EPA and citizens may use this "Public Records Release Request" 

form to obtain copies of all the documents described above (project application, contract, completed preand post- project inspection reports, and annual reports), for any Prop 1B or Carl Moyer project that the 

District has relied on for SIP credit (i.e., all of the projects listed in Attachment A and Attachment B to 

EPA's Proposal TSD).

QUESTION: Are we correct that EPA or citizens can obtain these documents by identifying the 

relevant “Project Identification” number (as shown in the Demonstration Report Data Sheet) in the "Public 

Records Release Request" form?

RESPONSE: Yes, as described under Section 6.1 of Rule 9610. As stated in the rule, “Consistent with 

the California Public Records Act and other related requirements, such records shall be made available for 

public review.” Additionally, as described under Section 6.2, records related to implementation of the 

USDA NRCS Combustion Systems Improvement of Mobile Engines incentive program are prohibited 

from mandatory disclosure pursuant to the Federal Food Security Act of 1985 (7 U.S.C. § 608d(2)). 
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Project identification numbers as presented in annual demonstration reports may be used as references for 

identifying project information of interest to the public.

QUESTION: Are we correct that going forward, the District's annual demonstration reports will include 

Attachment A and Attachment B to EPA's Proposal TSD, including any adjustments per Section 4.3 of 

Rule 9610, so that EPA and the public can track the District's progress in meeting its SIP commitments for 

the Contingency Measure SIP? 

RESPONSE: The District will include information in future annual demonstration reports as necessary to 

ensure the ongoing tracking of projects claimed in prior annual demonstration reports, including 

adjustments necessary under Section 4.3. 

QUESTION: It appears that the current annual demonstration report does not “include... [i]dentification 

of projects that do not satisfy contractual requirements” (Rule 9610, Section 4.6.2.1). Will SJV include 

this information in the revised annual demonstration report for 2013 and/or will it be included in the 

demonstration reports submitted 2014 and following?

RESPONSE: The 2013 Annual Demonstration Report will be updated to more clearly state that all of the 

projects claimed through Rule 9610 were in compliance with all contractual requirements, and were thus 

not reported under Section 4.6.2.1 of the rule.

Jeannine Tackett

Senior Air Quality Specialist

Strategies & Incentives Dept.

San Joaquin Valley APCD

559-230-5843 ** fax 559-230-6112

From: Anna Myers 

Sent: Tuesday, December 17, 2013 9:20 AM 

To: Jeannine Tackett 

Cc: Errol Villegas; Todd DeYoung 

Subject: FW: question needed for response to comments on contingency measure SIP 

Importance: High

From: Anna Myers 

Sent: Monday, December 16, 2013 9:16 AM 

To: Samir Sheikh 

Cc: Todd DeYoung; Jessi Fierro; Errol Villegas; Jeannine Tackett 

Subject: FW: question needed for response to comments on contingency measure SIP

 

FYI. 
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From: Perez, Idalia [mailto:Perez.Idalia@epa.gov] 

Sent: Monday, December 16, 2013 9:03 AM 

To: Anna Myers 

Cc: Steckel, Andrew; Hong, Jeanhee; Kay, Rynda; Drake, Kerry 

Subject: question needed for response to comments on contingency measure SIP

 

Hi Anna, 

Here are our questions. We need clarification on these matters before we move forward. Please note that EPA will 

include this e-mail exchange in the docket for our action on the Contingency Measure SIP. 

Can we schedule some time mid this week to discuss? Kerry wants to be on the call and he asked that Samir be on as 

well. 

Thanks.

-Idalia

· The District's Board commitment states that it will account for its claimed NOx and PM2.5 emission 

reductions through annual demonstration reports pursuant to the requirements of Rule 9610.

· Section 6.1 of Rule 9610 states that “[a]ll documents created and/or used in implementing the 

requirements of Section 4.0 shall be kept and maintained as required by the applicable incentive program 

guidelines” and that “such records shall be made available for public review” consistent with the California 

Public Records Act and other related requirements. 

QUESTION: Are we correct that "documents created and/or used in implementing the requirements of 

Section 4.0" includes (1) all project-related records that SJV maintains in its project files (including 

information obtained from grantees) as required by the applicable guidelines (e.g., project application, 

contract, completed pre- and post-project inspection reports, and annual reports) and (2) information about 

grantees who violate their contract terms?

· The 2013 Annual Demonstration Report addresses the requirement in Section 6.1 of Rule 9610 by 

providing a link to a "Public Records Release Request" form on the District's website.

QUESTION: Are we correct that both EPA and citizens may use this "Public Records Release Request" 

form to obtain copies of all the documents described above (project application, contract, completed preand post- project inspection reports, and annual reports), for any Prop 1B or Carl Moyer project that the 

District has relied on for SIP credit (i.e., all of the projects listed in Attachment A and Attachment B to 

EPA's Proposal TSD).

QUESTION: Are we correct that EPA or citizens can obtain these documents by identifying the 

relevant “Project Identification” number (as shown in the Demonstration Report Data Sheet) in the "Public 

Records Release Request" form?

QUESTION: Are we correct that going forward, the District's annual demonstration reports will include 

Attachment A and Attachment B to EPA's Proposal TSD, including any adjustments per Section 4.3 of 

Rule 9610, so that EPA and the public can track the District's progress in meeting its SIP commitments for 

the Contingency Measure SIP? 

QUESTION: It appears that the current annual demonstration report does not “include... [i]dentification 

of projects that do not satisfy contractual requirements” (Rule 9610, Section 4.6.2.1). Will SJV include 
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this information in the revised annual demonstration report for 2013 and/or will it be included in the 

demonstration reports submitted 2014 and following?

 

 

_____________________

Idalia M. Pérez, Ph.D. 

Rulemaking Office, Air Division 

US EPA (AIR-4) | 75 Hawthorne St. | San Francisco, CA 94105 

P: 415.972.3248 | F: 415.947.3579