OCTOBER 22, 2013 RESPONSE TO COMMENTS

AIR POLLUTION CONTROL DISTRICT

BOARD HEARING

COMMENT

FROM COMMENT RESPONSE

Comment 1 (Letter) Imperial County Air Pollution 

Control District Division of 

Engineering and Permitting 

The Division of Engineering and Permitting for 

the Imperial County Air Pollution Control District 

reviewed the newly proposed rules 400.3 and 

400.4

Comment 1 A proposed change to section A.1 of Rule 400.3 

was recommened for consistency to the 

California Air Resource Board's applicablility of 

Stationary and Portable Air Toxic Control 

Measures and Rule 202, Exemptions. The 

change would make the applicability of Rule 

400.3 to IC Engines greater than 50 hp

After review we agree with the justification provided by 

the Engineering and Permitting section. The change 

to the rule was as follows: the words "of 50 or" were 

deleted and after the word "greater" but before the 

word "that" the words "than 50" were inserted.

Comment 2 A proposed change to section D.4 for Rule 

400.3 was made to included sections F and G of 

the rule to the existing exemption for those 

engines that operate 100 hours or less

The intent of the exemption is to only exempt 

"emergency" generator from compliance with 

threshold found in Rule 400.3; however the 

requirements in the Authority to Construct permit 

should be enforced through the requirements in 

sections F and G of the rule. 

Comment 3 The commenter noted that Rule 400.4 had the 

incorrect reference to 400.3 in the numbering of 

the pages

The change was made to reflect 400.4

Comment 2 (E-mail) Rick Wolery El Toro Land & 

Cattle

Mr. Rick Wolery asked 5 questions. Of the 

5 questions only the 1st question is directly 

associated with the proposed rules

Comment 1 Does Rule 400.3 apply to all Ag Engines, No Ag 

Engines or only Certain Engines?

Rule 400.3 as written applies to all Internal 

Combustion Engines (IC Engine) with a brake 

horsepower greater than 50 that is required to obtain 

a District permit. If an agricultural operation has an IC 

Engine greater than 50 horsepower and is not exempt 

per Rule 202 then the Rule applies. This rule is 

applicable to those agricultural engines operated at 

major agricultural sources.
OCTOBER 22, 2013 RESPONSE TO COMMENTS

AIR POLLUTION CONTROL DISTRICT

BOARD HEARING

COMMENT

FROM COMMENT RESPONSE

Comment 2 (E-mail) Rick Wolery El Toro Land & 

Cattle

Mr. Rick Wolery asked 5 questions. Of the 

5 questions only the 1st question is directly 

associated with the proposed rules

Comment 2 Is Ag required to register all engines larger than 

49 HP with the district even if they are Ag 

exempt?

All engines greater than 50 horespower must either 

obtain a certification through the State of California as 

a portable engine, register with the Air District or 

obtain an operating permit. We strongly suggest you 

contact the Air District Engineering to discuss which of 

these fits your operation.

Comment 3 Are Tier 0 engines illegal for Ag use? All tier 0 engines regardless of intent or use are 

prohibited.

Comment 4 At what stage do the different Tier's phase out 

for replacement?

The phasing out of engines depends on the use of the 

engine. However, generally speaking currently all 

greater than 50 horsepower must be tier at a 

minimum tier 2 however without specific information 

such as the use of the engine, year of operation and a 

host of other conditions a general answer cannot be 

given. We strongly recommend that you consult with 

the Engineering department for specific information.

Comment 5 Is ther any financial help for replacements? As the stringency of the regulations come into a 

sunset date the available funding sources become 

less applicable because all incentive monies are 

based on surplus and cost-effectiveness. 

Comment 3 (E-mail) United States Environmental 

Protection Agency - Laura 

Yannayon

Comment 1 Commenter references administrative changes 

in Rule 207

All administrative changes were made

Comment 2 Commenter references administrative changes 

in Rule 206

The word "containments" was changed to 

"Contaminants"

Comment 3 Commenter references administrative changes 

in Rule 101

All administrative changes were made
OCTOBER 22, 2013 RESPONSE TO COMMENTS

AIR POLLUTION CONTROL DISTRICT

BOARD HEARING

COMMENT

FROM COMMENT RESPONSE

Comment 4 (E-mail) United States Environmental 

Protection Agency - Andrew 

Steckel

Comment 1 Commenter simply wanted to reaffirm and to 

make sure that the definition of a "military base" 

is for closure

The intent of the definition is to identify those military 

bases that are closing.

Comment 5 (Letter) American Coatings 

Association

Letter of Support

Commenter is supporting the revisions to Rule 

101 specifically the changes which exempt 

Tertiary-Butyl Acetat (TBAC), Dimethyl 

Carbonate and Propylene Carbonate

Comment noted

Comment 6 (Letter) Lyondel Base Letter of Support

Commenter is supporting the revisions to Rule 

101 specifically the changes which exempt 

Tertiary-Butyl Acetat (TBAC) and Propylene 

Carbonate

Comment noted