# Air Pollution Control Distriet

July 19,2012

Gerardo Rios Chief, Air Permits Office (Air-3) EPARegion IX 75 Hawthorne Street San Francisco, CA 94105 David 

### L. ,Jones Air Pollution Control Ot11eer

SUBJECT: Requested Clarifications ofRule 210.4 and 40 CFR 51.166 Mr. Rios: Eastern Kern Air Pollution Control District (District) receivedthe request from your officeto clarify sections related to Rule 210.4, Prevention ofSignificant Deterioration (PSD), and how requirements from 210.1, New andModified Stationary Source Review (NSR), satisfy specific PSD Program requirements of40 CFR 51.166. On July II, 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 staffoffers the following response to your request to provide clarification regarding the District's intentions with respect to implementingthe PSD Program upon EPA's approval ofRule 210.4 into the State Implementation Plan (SIP). Ifthe District'sresponse is not satisfactory orifyou have any further questions or comments please contact Jeremiah Cravens at (661) 862-5250 or

### Gnm:nfl.i@<:o,kQI11.caJis. Sincerely,



# ~1.: Air Pollution Control Officer 

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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 of40 CFR 51.166 Requirements and procedures included in 40 CPR 51.166 that are not specifically addressed in 40 CPR52.21 or District Rule 210.4 are met in the following referenced sections ofSIP approved DistrictRule 210.1, New and Modified Stationary Source Review (NSR). Any project subject to Rule 210.4 is also subjectto 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. PennitProcessing Procedures and Public Participation



### a. 40 CPR 51.166(q)(J) -The reviewing authority shall notify allapplicants within a .1pecijiedtimeperiodas to the completeness of the application orany deficiency in the application or if!/iirmation submitted. In the evento,(such adeficiency, the date 11{

### receiptof the application shallbe the date on which the reviewing authority receivedall requiredif!formation. These requirements are metby Section 7.A. ofSIP-approved (1981) District Rule 210.l(Section V.A.l. ofthe 2000 revision awaiting EPA's approval), which specifics that the AirPollution Control Officer (APCO) shall determine whether an application is complete not later than 30 days after its receipt andrequires the APCO to notif'y the applicant in writing once the application is determinedto be complete. 

### b. 40 CFR 51.166(q)(2) ········Within oneyear 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. ofSIP-approved (1981) District Ru1e 210.1 (Section V.A.5. ofthe 2000 revision awaiting EPA's approval), which requires the APCO to take final action with 180 days ofa complete application, or within 180 days after the designated lead agency has approved the projecttmder the California Environmental Quality Act (CEQA). B.

**Ad~itigp.al** Requirements 

### 40 CPR 5J.J66(p)(J) ····Notice to EPA. Theplan shallprovide that the reviewing authority shall transmit to theAdministratora copy of eachpermit application relating to a majorstationary source ormqjormodification and provide notice to the Administratorof every action relatedto the consideration of suchpermit. SectionVII, Public Participation ofRule 210.4 instructs the Districtto "make available in at least one location in each region in whichthe proposed source would be constructed a copy ofall materials the applicant submitted, a copy ofthe preliminary determination, a copy ofthe proposedpem1it and a copy or summary ofother materials, ifany, considered inmaking the preliminary determination". SectionVII ofRule 210.4 goes on to explain the public notification process and directs the Districtto send a copy ofthe public notice to the applicant and EPA. Althoughthe intent ofthis section may Page 1Eastern KernAPCD Rule 210.4 Clar(fications July 19, 2012

not he clear the District interprets 

### itto meanprovide copies ofall PSD documents to the applicant and EPA. The District believes language used in Sections V.A.3 and V.A.6 ofthe most recently board adopted version ofRule 210.1, NSR (5/4/2000) give greater detail to the requirements ofproviding EPA a copy ofeachpermit application relating to a major stationaty source or major modification, and notice ofthe preliminary and final determination. To aid in clarity staffintends 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 ofRule 210.4 incorporate 40 CFR 52.21 byreference without specifying a date for the incorporated provisions; instead, 40 CFR 52.21 is incorporated as "in effect on (date ofadoption)". This reference was intended to meanthe date the District Governing Board adopted the mostrecent 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 staffto make minor technical corrections such as this to the Rule's language. District staffwill submit a corrected version through the CaliforniaAir Resources Board (ARB) submittle process. An (Effective) dateplaceholder 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 implementthe Rule. The "in effect on (date ofadoption)" 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 Pennits 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 Districtthat have existing PSD permits issued by EPA. This includes authority to conduct general administration ofthese existingpermits, authority to process and issue all subsequent PSD permit actions relating to such permits including, tor example, modifications, amendments, or revisions ofany nature, and authority to enforce suchpermits. Fmihermore, the District requests that any PSD permit applications for sources located within the Districtthat have been submitted to EPA, but for which EPA has not yet issued aproposed permit decision, he transferred to the District for processing upon the effective date ofRule 210.4 approval. 

### B. Statement Pursuant to Section 11O(a)(2)(E)(i) ofthe Clean Air Act Pursuant to Section 110(a)(2)(E)(i) ofthe Clean Air Act, below is a written statement and citations to demonstrate that the Districthas adequate personnel, funding, and Page2

### Eastern Kern APCD Rule 210.4 

### Clarifications July 19, 2012 authority under State and/or local lawto implementthe 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 ofairpollution. Under State law, the District is required to adoptrules to achieve ambient air quality standards and to enforce the provisions oflocal, 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 ofsection 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 orreplacing any equipment, the use ofwhich may cause the issuance ofair contaminants orthe use ofwhich may eliminate orreduce or control the issuance ofair contaminants, shall first obtain authorization for such constmction from the Control Officer. Rule 210.1, NSREPA approved August 8, 1981 requires new stationary sources and modifications to be constmcted utilizing the BestAvailable 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 ifapproved by EPA, will allow the District to administer the PSDpermitprogram for sources located within Eastern Kern County. The PSD petmitprogram was developed by the United States Congress to prevent significant environmental impacts on attainment orunclassified areas from major industrial sources ofair pollution. Upon approval ofthe PSD program, the District is authorized by state lawto 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 ofapproximately 10 allocated positions which include experienced and capable engineers, specialists, and field inspectors. The District currently processes approximately 120pre-construction pennit applications per year. Only a few ofthese 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 ofthe District's staffand 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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