April 12, 2011 

Air Pollution Control Board 

800 South Victoria Avenue 

Ventura, CA 93009 

SUBJECT: PUBLIC HEARING REGARDING ADOPTION OF PROPOSED 

AMENDMENTS TO RULES 2, 23, 33, 33.1, 35 AND 76 IN ORDER TO 

IMPLEMENT UNITED STATES ENVIRONMENTAL PROTECTION 

AGENCY’s TITLE VGREENHOUSE GAS TAILORING RULE (40 CFR Parts 

51, 52, 70 and 71, as amended); AND OTHER NON-GHG RULE 

CLARIFICATIONS 

RECOMMENDED ACTIONS:

1. Adopt the proposed findings and the proposed Notice of CEQA Exemption for 

amendments to Rules 2, 23, 33, 33.1, 35 and 76 (Attachments 1 and 2). 

2. Adopt proposed amendments to Rules 2, 23, 33, 33.1, 35 and 76 (Attachments 3 through 

8). 

3. Direct the Clerk of the Board to forward two certified minute orders, and an affidavit of 

publication of the public hearing notice, for all proposed actions to the Air Pollution 

Control District. 

4. Direct Air Pollution Control Officer or his designee to file a CEQA Notice of Exemption 

pursuant to CEQA Guidelines Section 15062. 

STATEMENT OF MATTER FOR BOARD CONSIDERATION:

Background

The main purpose if this rule action is to ensure that only large emitters of greenhouse gases 

(GHGs) are subject to federal Clean Air Act Title V permitting requirements. Under this 

proposal, the vast majority of stationary sources and facilities in Ventura County will continue to 

be exempt from Title V requirements. 

Currently, District rules regulate "criteria" air pollutants and hazardous air pollutants. Criteria 

pollutants include oxides of nitrogen, reactive organic compounds, particulate matter, oxides of 

sulfur, and carbon monoxide. The United States Environmental Protection Agency (EPA) has 

recently taken steps to add greenhouse gases (GHGs) to the list of Clean Air Act regulated air 

pollutants pursuant to a recent United States Supreme Court decision and corresponding EPA 

interpretation of Clean Air Act regulations. On June 3, 2010, EPA promulgated a final rule 
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April 12, 2011 

Page 2 

regarding the regulation of GHG emissions in order to relieve “the overwhelming permitting 

burdens that would, in the absence of this rule, fall on permitting authorities and sources.” [75 

Fed. Reg. 31516 (June 3, 2010)] This is accomplished by tailoring the applicability criteria that 

determine which GHG emission sources become subject to the federal title V programs. Given 

this EPA Final Rule, District staff has determined that certain revisions to District Rules and 

Regulations are required to implement EPA's tailoring requirements. 

Currently, there are bills being introduced in the U.S. Senate that could curtail the EPA’s 

authority to regulate GHG emissions. S.228 Barrasso and S.231 Rockefeller are two examples of 

these types of bills, which would repeal or suspend EPA’s Tailoring Rule. At this time, it is not 

possible for staff to predict the likelihood of these bills being enacted. Should one of these bills 

be enacted District staff will take appropriate action to comply. This action may include 

suspending the implementation to GHG permit activities. However, because EPA’s Tailoring 

Rule is currently in effect, staff recommends adoption of these amendments to our Rules and 

Regulations to implement this mandate and to continue to exempt the majority of local facilities 

from the requirements of Title V permitting. 

Proposed Amendments – Greenhouse Gases

1) Rule 2, Definitions 

Revisions include adding GHGs to the definition of "Air Contaminant" and a new definition of "Greenhouse Gases." Also, "CO2e" and "GHGs" are added to the list of abbreviations in Section B and a list of Global Warming Potentials (GWP) is added as Table 1. 

GWP is referenced in the definition of "CO2 Equivalent (CO2e)" in Rules 33.1 and 76. 

2) Rule 23, Exemptions from Permit 

Greenhouse gases are being added to the list of thresholds in Subsection J.16, which 

addresses the permitting requirements of agricultural operations. The implementation 

date for EPA’s GHG Tailoring Rule (July 1, 2011) is the date that the requirements in this 

rule action take effect for all title V sources in Ventura County. 

3) Rule 33, Part 70 Permits, General 

In Section B, Applicability, GHGs are added to the requirement to obtain a Part 70 

permit. Please note that since GHGs are now federal Clean Air Act regulated air 

pollutants (see Rule 33.1), they are included under both the 100 ton per year mass 

emission threshold in the first sentence and the 100,000 tons per year CO2e (mass X 

GWP) threshold in the (new) second sentence. Because most sources will exceed the 100 

ton per year limit for GHGs, 100,000 tons per year is the practical threshold. The 

implementation date is July 1, 2011. 

4) Rule 33.1, Part 70 Permits, Definitions 
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A new definition of "CO2 Equivalent (CO2e)" is proposed. Global Warming Potentials 

appear in Rule 2. This definition is also being added to Rule 76. 

Three definitions in Rule 33.1 are proposed for revision; "Federally-Enforceable 

Requirement," "Insignificant Activity," and "Regulated Air Pollutant." These revisions 

either specify or allow the regulation of greenhouse gases. 

5) Rule 35, Elective Emission Limits 

The proposed revision adds "greenhouse gas" emissions to the list of information required 

for an elective emission limit request. 

6) Rule 76, Federally Enforceable Limits on Potential to Emit 

Rule 76 enables permit holders to voluntarily limit their emissions in a federally 

enforceable manner. Because various sections of the rule address different percentages of 

the "major source" thresholds, varying thresholds for greenhouse gas emissions are being 

added to the rule. 

In Section A, Applicability, de minimis emission levels are set at twenty percent (20%) of 

the "major source" thresholds, which, for GHGs, is 100,000 tons per year. Twenty 

percent of this threshold results in a 20,000 tons per year de minimis greenhouse gas 

threshold. This means that a source that can limit its GHG emissions to below 20,000 tpy 

is exempt from recordkeeping and reporting requirements. 

In Section B, Emission Limitations, the maximum quantity of emissions allowed for a 

federally enforceable emission limit is fifty percent (50%) of the "major source" 

thresholds. Therefore, a greenhouse gas threshold of 50,000 tons per year CO2e is added. 

Section D, Reporting Requirements, would not apply to sources with emission levels that 

do not exceed twenty-five percent (25%) of the "major source" thresholds. Therefore, an 

exemption from these reporting requirements would apply to greenhouse gas emission 

levels that are at or below the threshold of 24,999 tons of greenhouse gases (as CO2e) per 

year. 

In Section G, Definitions, a CO2 Equivalent (CO2e) definition is proposed. Also, 

greenhouse gases will be added to the definitions of "Major Source of Regulated Air 

Pollutants" and "Regulated Air Pollutant." 

Proposed Amendments –Non-GHG Emission Issues

1) Rule 2, Definitions 

To clarify certain permitting situations, definitions of "Portable" and "Stationary" are 

proposed. These definitions are similar to those that currently appear in VCAPCD Rule 

250 – Registration Of Agricultural Engines – but are updated for general use. 
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The definition of "Equipment" is being modified for clarity. The existing definition of 

"Motor Vehicle." which includes a reference to California Motor Vehicle Code, will be 

replaced with a specific definition based on the Vehicle Code definition. A definition of 

PM2.5 is also proposed to supplement the existing definition of PM10. 

2) Rule 23, Exemptions from Permit 

Section A - Burning, Incineration and Smoke. The exemption from permit for safety 

flares in Subsection A.4 is proposed for deletion. Enforcement is difficult and it is 

possible that safety flares are frequently used for other purposes. On July 1, 2011, all 

safety flares will require a permit to operate. 

Section D - Vehicles, Engines. In Subsection D.7.c, portable emergency engine 

generators connected for future electrical service will no longer be considered portable 

and will require a Permit to Operate. Portable equipment brought in during an emergency 

will continue to be exempt from permit. 

Section F - Organic Compound Emissions. The permit exemption threshold for polyester 

resin operations 20 gallons a month. To allow boatyards to make an occasional large 

repair, the exemption will be changed to 240 gallons over a 12 month rolling total. The 

change will increase flexibility but not annual ROC emissions. 

Section J – Miscellaneous. In Subsection J.16, the paragraph on large confined animal 

facilities is being amended to specify that only major sources and major modifications are 

affected. In addition, a definition of "large confined animal facility" is being added to 

eliminate a reference to the California Code of Regulations.

3) Rule 33, Part 70 Permits, General 

In Rule 33, Subsection B.2, wording that is no longer relevant is proposed for deletion. 

The wording applies to EPA approval dates that have passed. 

4) Rule 33.1, Part 70 Permits, Definitions 

A reference to 40 CFR Part 63, a National Emissions Standards for Hazardous Air 

Pollutants regulation, is being added to the definition of "Title I Modification" 

(renumbered Section 26). 

5) Rule 76, Federally Enforceable Limits on Potential to Emit 

Rule 76, Subsection A.4.a.(1), is proposed for clarification. The exemption, if approved 

by your Board, will state that a source is exempt from Rule 76 when the owner or 

operator submits an application for either a Part 70 permit or a federally-enforceable 

permit limit to avoid the need for a Part 70 application at least 30 days prior to any 

emission exceedance. 
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April 12, 2011 

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In Subsection A.6, unnecessary language is proposed for deletion. In Subsection B.2, and 

again in definition of "Actual Emissions" in Subsection G.2, a specific hierarchy of 

calculation methods is being established. U.S. EPA will be the primary source of 

applicable methods, followed by California ARB methods and then methods approved by 

the District. 

Note also that a number of section references throughout Rule 76 are being amended for 

clarity. 

Public Participation

A workshop for the proposed revisions was held on September 21, 2010; no comments on the 

proposed rules were received. On November 2, 2010, the Advisory Committee recommended 

approval of the proposed revisions with a vote of 7 yes and 3 no. No written comments have 

been received at this time. 

PROPOSED FINDINGS:

Health and Safety Code Section 40703, 40727, 40727.2, 40728.5 and 40920.6(a) directs that, 

prior to adopting the proposed revisions to Rules 2, 23, 33, 33.1, 35 and 76, your Board adopt 

findings of necessity, authority, clarity, consistency, nonduplication, reference, costeffectiveness, incremental cost-effectiveness, and socioeconomic impacts, based upon relevant 

information presented at the hearing. Health and Safety Code Section 40727.2 requires a written 

analysis, comparison, and consideration of existing air pollution regulations that apply to the 

same type of source. Therefore, if your Board approves the proposed revisions to Rules 2, 23, 

33, 33.1, 35 and 76, it is recommended that your Board also adopt the proposed findings that 

address these statutory requirements set forth in Attachment 1. 

The proposed revisions to Rules 2, 23, 33, 33.1, 35 and 76 have been determined by District staff 

to be exempt from the requirements of the CEQA under Section 15308 of the CEQA Guidelines, 

Actions by Regulatory Agencies for Protection of the Environment. A Notice of Exemption with 

respect to this CEQA exemption is included as Attachment 2. 

This proposal has been reviewed by County Counsel. If you have any questions, please contact 

Mike Villegas at 645-1440 or Don Price at 645-1407.

MICHAEL VILLEGAS 

Air Pollution Control Officer 

Attachments: 

 1. Proposed Legislative Findings – Rules 2, 23, 33, 33.1, 35 and 76 

 2. Proposed Notice of CEQA Exemption - Rules 2, 23, 33, 33.1, 35 and 76 

 3. Proposed Rule 2 (Strikeout/Underline version, 10/5/10) 

 4. Proposed Rule 23 (Strikeout/Underline version, 10/14/10 
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 5. Proposed Rule 33 (Strikeout/Underline version, 9/22/10) 

 6. Proposed Rule 33.1 (Strikeout/Underline version, 10/5/10) 

 7. Proposed Rule 35 (Strikeout/Underline version, 6/10/10) 

 8. Proposed Rule 76 (Strikeout/Underline version, 10/5/10) 

 9. Final Staff Report (2/25/11) 

 10. Advisory Committee Voting Record (11/2/10)