Air Pollution Control Distriet 

July 19,2012 

Gerardo Rios 

Chief, Air Permits Office (Air-3) 

EPA Region IX 

75 Hawthorne Street 

San Francisco, CA 94105 

David L. ,Jones 

Air Pollution Control Ot11eer 

SUBJECT: Requested Clarifications of Rule 210.4 and 40 CFR 51.166 

Mr. Rios: 

Eastern Kern Air Pollution Control District (District) received the request from your office to 

clarify sections related to Rule 21 0.4, Prevention of Significant Deterioration (PSD), and how 

requirements from 210.1, New and Modified Stationary Source Review (NSR), satisfy specific 

PSD Program requirements of 40 CFR 51.166. On July I I, 2012 the District mailed a draft 

response to comments to your office. On that same date the District received an email requesting 

greater detail to the District's response to comments draft. 

To that end, District staff offers the following response to your request to provide clarification 

regarding the District's intentions with respect to implementing the PSD Program upon EPA's 

approval of Rule 210.4 into the State Implementation Plan (SIP). 

If the District's response is not satisfactory or if you have any further questions or comments 

please contact Jeremiah Cravens at (661) 862-5250 or Gnm:nfl.i@<:o,kQI11.caJis. 

Sincerely, 

Air 

~1.: Pollution Control Officer 

DL.T: JC: dm 

Attaclnnent 

Administrative Office: 2700 "M" Street, Suite 302, l!aker:ifield, CA 9330/-2370 

Phone (661) 862-5250- Fax (661) 862-5251 

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Eastern Kern APCD 

Rule 210. 4 Clarifications 

July 19, 2012 

1. Requested Clarifications Concerning Certain Requirements of 40 CFR 51.166 

Requirements and procedures included in 40 CPR 51.166 that are not specifically addressed 

in 40 CPR 52.21 or District Rule 210.4 are met in the following referenced sections of SIP 

approved District Rule 210.1, New and Modified Stationary Source Review (NSR). Any 

project subject to Rule 210.4 is also subject to the requirements and processing procedures 

ofRu1c 210.1. The District plans to include all appropriate references to the requirements of 

Rule 210.1 in Rule 201.4 the next time it is opened fbr modification. 

A. Pennit Processing Procedures and Public Participation 

a. 40 CPR 51.166(q)(J) -The reviewing authority shall notify all applicants within a 

.1pecijied time period as to the completeness of the application or any deficiency in 

the application or if!/iirmation submitted. In the event o,(such a deficiency, the date 

11{ receipt of the application shall be the date on which the reviewing authority 

received all required if!formation. 

These requirements are met by Section 7.A. of SIP-approved (1981) District Rule 

210.l(Section V.A.l. of the 2000 revision awaiting EPA's approval), which specifics 

that the Air Pollution Control Officer (APCO) shall determine whether an application is 

complete not later than 30 days after its receipt and requires the APCO to notif'y the 

applicant in writing once the application is determined to be complete. 

b. 40 CFR 51.166(q)(2) ········Within one year after receipt of a complete application, the 

reviewing authority shall [meet the requirements of 40 CPR 51.166(q)(2)(i) 

through (viii)]. 

This requirement is met by Section 7.B.6. of SIP-approved (1981) District Ru1e 210.1 

(Section V.A.5. of the 2000 revision awaiting EPA's approval), which requires the 

APCO to take final action with 180 days of a complete application, or within 180 days 

after the designated lead agency has approved the project tmder the California 

Environmental Quality Act (CEQA). 

B. Ad~itigp.al Requirements 

40 CPR 5J.J66(p)(J) ····Notice to EPA. The plan shall provide that the reviewing 

authority shall transmit to the Administrator a copy of each permit application relating 

to a major stationary source or mqjor modification and provide notice to the 

Administrator of every action related to the consideration of such permit. 

Section VII, Public Participation of Rule 210.4 instructs the District to "make available 

in at least one location in each region in which the proposed source would be 

constructed a copy of all materials the applicant submitted, a copy of the preliminary 

determination, a copy of the proposed pem1it and a copy or summary of other materials, 

if any, considered in making the preliminary determination". Section VII of Rule 210.4 

goes on to explain the public notification process and directs the District to send a copy 

of the public notice to the applicant and EPA. Although the intent of this section may 

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Eastern Kern APCD 

Rule 210. 4 Clar(fications 

July 19, 2012 

not he clear the District interprets it to mean provide copies of all PSD documents to the 

applicant and EPA. 

The District believes language used in Sections V.A.3 and V.A.6 of the most recently 

board adopted version of Rule 210.1, NSR (5/4/2000) give greater detail to the 

requirements of providing EPA a copy of each permit application relating to a major 

stationaty source or major modification, and notice of the preliminary and final 

determination. To aid in clarity staff intends to update Rule 210.4 with similar 

language the next time it is open for revision. 

2. Date Rule 210.4lncorporates 40 CFR 52.21 by Reference 

Sections II, IV.A, IV.B, and V of Rule 210.4 incorporate 40 CFR 52.21 by reference without 

specifying a date for the incorporated provisions; instead, 40 CFR 52.21 is incorporated as 

"in effect on (date of adoption)". This reference was intended to mean the date the District 

Governing Board adopted the most recent amendments to Rule 210.4 (January 12, 2012). 

The date should have been added to the Rule prior to being fmwarded to your agency. The 

District's Governing Board has authorized staff to make minor technical corrections such as 

this to the Rule's language. District staff will submit a corrected version through the 

California Air Resources Board (ARB) submittle process. 

An (Effective) date placeholder has been inserted after the most recent amendment date in 

the Rule's header. The District intends tor Rule 210.4 to take effect upon EPA's final 

approval date because without that approval the District has no authority to implement the 

Rule. The "in effect on (date of adoption)" placeholder can be corrected immediately and 

the (Effective) date placeholder will be updated once Rule 210.4 has been approved into the 

SIP. 

3. PI'Ogram Transfer 

A. Existing PSD Penn its and Pending EPA PSD Permit Actions 

The District requests approval to exercise its authority in administering the PSD 

program with respect to the six or more sources located in the District that have existing 

PSD permits issued by EPA. This includes authority to conduct general administration 

of these existing permits, authority to process and issue all subsequent PSD permit 

actions relating to such permits including, tor example, modifications, amendments, or 

revisions of any nature, and authority to enforce such permits. 

Fmihermore, the District requests that any PSD permit applications for sources located 

within the District that have been submitted to EPA, but for which EPA has not yet 

issued a proposed permit decision, he transferred to the District for processing upon the 

effective date of Rule 210.4 approval. 

B. Statement Pursuant to Section 11 O(a)(2)(E)(i) of the Clean Air Act 

Pursuant to Section 110(a)(2)(E)(i) of the Clean Air Act, below is a written statement 

and citations to demonstrate that the District has adequate personnel, funding, and 

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Eastern Kern APCD 

Rule 210.4 Clarifications 

July 19, 2012 

authority under State and/or local law to implement the PSD program within the 

District. 

Primary responsibility ofihe District is to regulate air pollution from all stationary 

sources within Eastern Kern County (see California Health & Safety Code (H&SC) 

sections 39002 and 40000). ARB oversees District activities and regulates mobile 

sources of air pollution. Under State law, the District is required to adopt rules to 

achieve ambient air quality standards and to enforce the provisions of local, State and 

federal air quality laws (see H&SC section 4000J(a)). 

The District's permitting program (authorized by H&SC section 42300 and must meet 

the requirements of section 42301), as approved by EPA, cun·ently implements 

requirements from both the California and federal Clean Air Acts. District Rule 201, 

Permits Required, EPA approved November 8, 2007 specifies that any person building, 

altering or replacing any equipment, the use of which may cause the issuance of air 

contaminants or the use of which may eliminate or reduce or control the issuance of air 

contaminants, shall first obtain authorization for such constmction from the Control 

Officer. Rule 210.1, NSR EPA approved August 8, 1981 requires new stationary 

sources and modifications to be constmcted utilizing the Best Available Control 

Technology (BACT) and to provide emissions offsets. 

The District is not delegated by EPA to implement the PSD program. However, on 

January 12,2012, the District amended Rule 210.4, PSD, which if approved by EPA, 

will allow the District to administer the PSD permit program for sources located within 

Eastern Kern County. 

The PSD petmit program was developed by the United States Congress to prevent 

significant environmental impacts on attainment or unclassified areas from major 

industrial sources of air pollution. Upon approval of the PSD program, the District is 

authorized by state law to enforce its mles, regulations, and orders, ineluding conditions 

that will be contained on District-issued PSD pennits (see H&SC §§ 40752(b); 41513; 

42402-42403). 

The District is comprised of approximately 10 allocated positions which include 

experienced and capable engineers, specialists, and field inspectors. The District 

currently processes approximately 120 pre-construction pennit applications per year. 

Only a few of these may include modification to a PSD permit. There are currently six 

EPA issued PSD permits for sources located in Eastern Kern. This is well within 

manageable range of the District's staff and resources available to administer, 

implement and enforce the PSD program. Furthetmore, hours expended processing 

PSD pem1its will be charged to the applicant at a rate designed to cover salaries and 

overhead for the work perfonned, which will be adjusted annually. 

Accordingly, the District has adequate legal authority, personnel, and funding to 

implement and enforce the PSD program. 

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