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 0 2, 2011 2. CARB Preliminary Draft PTSD comments on MDAQMD Prel iminary Draft Rule 315, June 23, 2011 3. Transmittal of ARB Staff Rule Review Comments, Sept ember 8, 2011 4. Transmittal of EPA Rule Review Comments, September 15, 2011 5. Email thread, Subject AV and MD Staff Reports, Sept ember 27, 2011C-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

3C-4 MDAQMD Rule 315 Final Staff Report, 12/05/11 1. Allowance for a “Clean Unit” has been removed fr om the rule. 2. The rule has been modified to remove the multipl e 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 1MDAQMD Rule 315 C-5

Final Staff Report, 12/05/11 1

2 Comment 2C-6 MDAQMD Rule 315 Final Staff Report, 12/05/11 4 3MDAQMD Rule 315 C-7

Final Staff Report, 12/05/11 1. Section (E) has been correctly renumbered. 2. Requested sections have been added. See subsect ion (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 2C-8 MDAQMD Rule 315 Final Staff Report, 12/05/11 Comment 3MDAQMD Rule 315 C-9

Final Staff Report, 12/05/11 1

2

3

4C-10 MDAQMD Rule 315 Final Staff Report, 12/05/11 1. Subsection (E)(2)(b) and (E)(2)(e) have been cla rified to differentiate between Section 185 fee obligation and Section 185 fees that are collec ted. 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 Compl etion 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 AVAQM D (E)(2)(c) 5 Determination of equivalency (E)(3)(a) August 01 6 Partial Equivalency notification to facility (if n eeded) (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 us ed in the Section 185 Equivalency Tracking Account are discussed in (VI)(D) of this S taff Report. Additional discussion has been incorporated to identify how indicated funds are su rplus, 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, sequenti ally, this information is the culmination of all the items required in Section (E). District Response to Comment 3MDAQMD Rule 315 C-11

Final Staff Report, 12/05/11 Comment 4

1
2
3

4

5
6C-12 MDAQMD Rule 315 Final Staff Report, 12/05/11 7
8
9
10

11

12

13

15 14MDAQMD 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 suggest ed for clarification. 4. Subsection (C)(1) has been modified to require a n 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 specif ic program(s) that will be relied upon in the Section 185 Equivalency Tracking Account. Addi tionally, sources of funds and expenditures that can be used in the Section 185 Equivalency Tra cking 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 bel ongs to future funding that may be added. 7. Subsection (E)(1)(a)(ii) has been revised to CAR B “and” USEPA. 8. Completion dates for critical actions have been added as indicated.

Equivalency Reporting Requirements Rule Section Compl etion 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 AVAQM D (E)(2)(c) 5 Determination of equivalency (E)(3)(a) August 01 6 Partial Equivalency notification to facility (if n eeded) (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 cla rified to differentiate between Section 185 fee obligation and Section 185 fees that are collec ted. 10. See comment response #8. 11. See comment response #8. Additionally, the Dis trict 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 4C-14 MDAQMD Rule 315 Final Staff Report, 12/05/11 14. See comment response #8. 15. The Staff Report discusses the District coordin ation with the SCAQMD and the SCAQMD’s agreement to report information outlined i n subsection (E)(2) in subsection (VI)(D).MDAQMD Rule 315 C-15

Final Staff Report, 12/05/11 Comment 5

1C-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