----- Forwarded by Christine Vineyard/R9/USEPA/US on 09/29/2010 02:56 PM

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From: "Reyes Romero" <reyesromero@co.imperial.ca.us>

To: Christine Vineyard/R9/USEPA/US@EPA Cc: "Julia Lester" <JLester@environcorp.com>, <kjucksch@environcorp.com>,

"Brad Poiriez" <bradpoiriez@co.imperial.ca.us>, "Jesus Ramirez" jesusramirez@co.imperial.ca.us

Date: 09/28/2010 11:46 AM Subject: FW: Rule 420

- Response to Comments

Christine:

Per your request, the ICAPCD has develop the following DRAFT response to Gideon’s comment on the issue of enforceability of Rule 420. Please be aware that our consultant is working on addressing all concerns expressed in Gideon’s letter, so this response may change at the time of final submittal of comments.

Comment:

Enforcement. As referenced in the video identified on page one above, we question whether adequate enforcement “on the ground” is taking place. There are many instances that dust emis sions exceed the opacity rule. Are there other enforcement mechanisms that USEPA can consider as BACM such as random inspections, increased funding or USEPA verification of the District’s enforcement program?

Response:

Please be aware that the source identified in the video cited is no longer in operation at the location. According to the District’s investigation, after the feedlot site sustained heavy rains in the Winter of 2009, a failure in the water runoff collection system occurred, which led to various pens being severely flooded. As a result, cattle were immediately evacuated from the site and the feedlot has been inactive since the incident. Due to the nature of the site’s potential violations, this case was investigated by the appropriate ag encies, the Imperial County Environmental Health Department and the Regional Water Control Board, as a potential health issue and not as an air quality matter. The

District Permits which are issued to all cattle feedlot facilities contain conditions to en sure that the mitigation measures required are fully enforced. All permitted sources are routinely inspected by the District’s Enforcement Division to determine compliance with permit conditions and ICAPCD Rules and Regulations. The District is responsib le for air quality management activities and inspections within Imperial County. The District employs twenty two full time employees, five of which makeup the Enforcement Division. With the current staff, the District is capable of fulfilling all permitt ing and compliance duties. The District conducts unannounced inspections to all permitted sources, including cattle feedlots, at a minimum annually, as required by the California Air Resources Board and the U.S. EPA. The annual inspections shall be at le ast a Level II inspection as defined in Environmental Protection Agency’s Inspection Frequency Guidance (March 31, 1988). The District is currently implementing a Compliance Monitoring Strategy (CMS) Plan, October 1, 2005

– September 30, 2011, which has been approved by the US. EPA. This plan delineates the compliance activities that the District undertakes to implement the EPA’s revised Clean air Act Stationary Source Compliance Monitoring Strategy policy. This plan also requires the District to repor t to EPA the inspections conducted to maintain compliance with the CMS. In addition, the District carries out unannounced inspections in response to citizens complaints. District records demonstrate that inspectors respond and investigate all complaints within 24 hours of reported.

Reyes Romero

Assistant Air Pollution Control Officer

150 s 9th Street El Centro, CA 92243 P (760) 482 4606 F (760) 353 9904

reyesromero@imperialcounty.net