MDAQMD Rule 315 C-1 

Final Staff Report, 12/05/11

Appendix “C” 

Public Comments and Responses 

1. Transmittal of EPA Rule Review Comments, February 02, 2011 

2. CARB Preliminary Draft PTSD comments on MDAQMD Preliminary Draft Rule 

315, June 23, 2011 

3. Transmittal of ARB Staff Rule Review Comments, September 8, 2011 

4. Transmittal of EPA Rule Review Comments, September 15, 2011 

5. Email thread, Subject AV and MD Staff Reports, September 27, 2011 
C-2 MDAQMD Rule 315 

Final Staff Report, 12/05/11

This page intentionally left blank. 
MDAQMD Rule 315 C-3 

Final Staff Report, 12/05/11

Comment 1 

1 

2 

3 
C-4 MDAQMD Rule 315 

Final Staff Report, 12/05/11

1. Allowance for a “Clean Unit” has been removed from the rule. 

2. The rule has been modified to remove the multiple facility aggregation exemption. 

3. A fee equivalency strategy has been added to the rule consistent with FCAA Section 

172(e). See Section (E) of the rule. 

District Response to Comment 1 
MDAQMD Rule 315 C-5 

Final Staff Report, 12/05/11

1 

2 

Comment 2 
C-6 MDAQMD Rule 315 

Final Staff Report, 12/05/11

4 

3 
MDAQMD Rule 315 C-7 

Final Staff Report, 12/05/11

1. Section (E) has been correctly renumbered. 

2. Requested sections have been added. See subsection (E)(2)(b) and (E)(2)(d). Subsections 

renumbered accordingly. 

3. Cross reference has been corrected. 

4. Cross references have been corrected. 

District Response to Comment 2 
C-8 MDAQMD Rule 315 

Final Staff Report, 12/05/11

Comment 3 
MDAQMD Rule 315 C-9 

Final Staff Report, 12/05/11

1 

2 

3 

4 
C-10 MDAQMD Rule 315 

Final Staff Report, 12/05/11

1. Subsection (E)(2)(b) and (E)(2)(e) have been clarified to differentiate between Section 185 

fee obligation and Section 185 fees that are collected. Subsection (E)(2)(c) was added to 

incorporate additional suggested language. 

2. Completion dates for critical actions have been added as indicated. 

Equivalency Reporting Requirements Rule Section Completion Date

1 Verification of actual emissions from Facility (C)(1) June 01

2 Request expenditures of SCAQMD and AVAQMD (E)(2)(a)

3 Request penalty obligation of SCAQMD and AVAQMD (E)(2)(b)

4 Request penalty fees collected in SCAQMD and AVAQMD (E)(2)(c)

5 Determination of equivalency (E)(3)(a) August 01

6 Partial Equivalency notification to facility (if needed) (E)(4)(b) August 15

7 Payment due (E)(4)(b) September 15

8 Permit suspension notification (E)(4)(b) October 01

9 Annual Report to CARB and USEPA (F)(2) December 31

July 01

3. Sources of funds and expenditures that can be used in the Section 185 Equivalency 

Tracking Account are discussed in (VI)(D) of this Staff Report. Additional discussion has been 

incorporated to identify how indicated funds are surplus, and to identify that certification belongs 

to future funding that may be added. 

4. Previous subsection (E)(3) was relocated to new Section (F) – Reporting Requirements. 

This rearrangement reflects the fact that, sequentially, this information is the culmination of all 

the items required in Section (E). 

District Response to Comment 3 
MDAQMD Rule 315 C-11 

Final Staff Report, 12/05/11

Comment 4 

1 

2 

3 

4 

5 

6 
C-12 MDAQMD Rule 315 

Final Staff Report, 12/05/11

7 

8 

9 

10 

11 

12 

13 

15 

14 
MDAQMD Rule 315 C-13 

Final Staff Report, 12/05/11

1. Subsection (A)(2)(b) has been deleted. 

2. Subsection (A)(2)(c) has been modified to remove the indicated wording. 

3. Subsection (A)(3)(b) has been revised as suggested for clarification. 

4. Subsection (C)(1) has been modified to require an annual report of actual emissions, as 

opposed to submittal only after written request. 

5. Language from subsection (C)(2) has been removed as suggested. 

6. Attachment “A” has been added to identify specific program(s) that will be relied upon in 

the Section 185 Equivalency Tracking Account. Additionally, sources of funds and expenditures 

that can be used in the Section 185 Equivalency Tracking Account are discussed in (VI)(D) of 

this Staff Report. Additional discussion has been incorporated to identify how indicated funds 

are surplus, and to identify that certification belongs to future funding that may be added. 

7. Subsection (E)(1)(a)(ii) has been revised to CARB “and” USEPA. 

8. Completion dates for critical actions have been added as indicated. 

Equivalency Reporting Requirements Rule Section Completion Date

1 Verification of actual emissions from Facility (C)(1) June 01

2 Request expenditures of SCAQMD and AVAQMD (E)(2)(a)

3 Request penalty obligation of SCAQMD and AVAQMD (E)(2)(b)

4 Request penalty fees collected in SCAQMD and AVAQMD (E)(2)(c)

5 Determination of equivalency (E)(3)(a) August 01

6 Partial Equivalency notification to facility (if needed) (E)(4)(b) August 15

7 Payment due (E)(4)(b) September 15

8 Permit suspension notification (E)(4)(b) October 01

9 Annual Report to CARB and USEPA (F)(2) December 31

July 01

9. Subsection (E)(2)(b) and (E)(2)(e) have been clarified to differentiate between Section 185 

fee obligation and Section 185 fees that are collected. 

10. See comment response #8. 

11. See comment response #8. Additionally, the District believes that the subsection (A)(3)(b) 

exemption is sufficient in clarity as presented. 

12. See comment response #8. 

13. References in (F)(1)(e) and (f) corrected. 

District Response to Comment 4 
C-14 MDAQMD Rule 315 

Final Staff Report, 12/05/11

14. See comment response #8. 

15. The Staff Report discusses the District coordination with the SCAQMD and the 

SCAQMD’s agreement to report information outlined in subsection (E)(2) in subsection (VI)(D). 
MDAQMD Rule 315 C-15 

Final Staff Report, 12/05/11

Comment 5 

1 
C-16 MDAQMD Rule 315 

Final Staff Report, 12/05/11

1. Language in Section (VI)(A) of the Staff Report was changed as suggested. 

District Response to Comment 5