San loaqu¡n Valley V

AIR POLTUTIflN CflNTRÍ)L DISTRICT HEALTHY AIR LIVINGRE

February 11,2015

Attention Docket No. EPA-R09-OAR-2014-081 3

Anita Lee

Air Planning Office (AlR-2)

U.S. Environmental Protection Agency, Region 9

75 Hawthorne Street

San Francisco, California 94105

Via email: lee.anita@epa.gov

Docket No. EPA-RO9-OAR -201 4-0813

Comments on Designation of Areas for Air Quality Planning Purposes;

California; San Joaquin Valley; Reclassification as Serious Nonattainment

for the 1997 PM2.5 Standards. Proposed Rule. (80 Fed. Reg. 7, pp.1482-

1491, January 12,20151

Dear Ms. Lee:

The San Joaquin Valley Air Pollution Control District (District) is committed to protecting

the health of our residents and acting in accordance with Clean Air Act requirements. ln

achieving cleaner air, the challenges that the District faces in the San Joaquin Valley Air

Basin are unmatched by any other region in the nation due to its unique geography,

topography, meteorology, and economy, These challenges are compounded by

provisions of the Clean Air Act which result in overlapping standards, requirements, and

deadlines and new requirements implemented on air districts resulting from court

decisions, such as the recent decision with respect to Clean Air Act subpart 4 and

PM2.5 requirements. The District appreciates the U.S. Environmental Protection

Agency's (EPA) efforls to work collaboratively with us to implement Clean Air Act

requirements, specifically in regards to the proposed reclassification of the San Joaquin

Valley (SJV) as a Serious nonattainment area for the 1997 PM2.5 national ambient air

quality standards (NAAOS).

EPA's proposal to establish an adoption date for a revised nonattainment new source

review (NSR) rule of 12-months after final approval of the reclassification is appropriate

and consistent with the Clean Air Act, However, EPA then negates that deadline by

stating that a request for a deadline date extension would require that the revised NSR

rule, with the PM2.5 major source threshold lowered from 100 tons per year to 70 tons

per year, would need to be submitted "in time for EPA to approve such an extension

prior to the December 31 ,2015 Serious area attainment date." EPA provides no valid

justification for this requirement, despite knowing that the District must request such an

gxtension' 

seyed sadredin

Execulive Director/Air Pollution Control 0fficer

Northern Region

4800 Enterprise Way

Modesto, CA 95356-8718

Tel: (2091 557.6400 FAX: {2091 557.6475

Central Begion (Main 0ffice)

'I 990 E. Gellysburg Avenue

Fresno, CA 93726.0244

Tel: (559) 230-6000 FAX: (559) 230-ô061

Southern Region

34946 Flyover Court

Bakersfield, CA 93308-9725

Tel: 661.392-5500 FAX: 681.392.5585

www.valleyair.org www.healthyairliving.com Pr¡nrod on rscyclod papor o
Docket No. EPA-R09-OAR-201 4-081 3

February 11,2015

Page 2 of 3

EPA invokes 188(e) to support this requirement, but there is no such requirement in

188(e), ln fact, 188(e) specifically says that "the Administrator may extend the

attainment date for a SerioUS Area", if:

Attainment by the date established under subsection (c) of this section would be

impracticable,

The State has complied with all requirements and commitments pertaining to that

area in the implementation plan,

The State demonstrates to the satisfaction of the Administrator that the plan for

that area includes the most stringent measures that are included in the

implementation plan of any State or are achieved in practice in any State, and

can feasibly be implemented in the area, and

The State must submit a revision to the implementation plan that includes a

demonstration of attainment by the most expeditious alternative date practicable.

There is no mention of NSR, either directly or by implication, that would lead one to

believe that the updated NSR rule is required prior to approval of the attainment

deadline extension.

ln conversations with EPA Region lX staff, the justification for the requirement to adopt

a revised NSR rule prior to the approval of the extension request is based on the

supposition that Congress intended that a serious area to be in full compliance with all

serious area requirements prior to requesting an extension, including having adopted

the appropriate NSR rule. However, if such was Congress' intention, it is also natural to

assume that Congress intended for EPA to have adopted the appropriate

implementation rule and acted in a timely manner on California's attainment plan

submittals. Neither of those things happened. EPA's implementation rule was found by

the coutls to have been based on the incorrect subpart of the Clean Air Act, and EPA

was ordered to reissue an implementation rule under the proper subpart (which has yet

to be issued). Furthermore, EPA has not adopted implementation rules or other

guidance for states on adopting NSR rules that properly address CAA Subpart 4

requirements for PM2.5 nonattainment areas. ln spite of EPA's delays in performing the

required actions under the Clean Air Act, EPA now is proposing to require the District to

peÍorm as if they had.

To summarize, EPA is asking the District to begin an expedited process to adopt a

serious area NSR rule prior to the District being classified as a serious nonattainment

area and in a vacuum of appropriate implementation rules. This has the impact of EPA

establishing guidance without the appropriate public attention and comment that would

be received had EPA proceeded appropriately and in a timely manner. EPA has

repeatedly found itself being held legally accountable for rulemaking without proper

public process, and appears to be going down this path with this element of the

proposed action.

lnstead, EPA should clarify in the final action on the reclassification that the District be

required to adopt a revised NSR rule within 12-months after final approval of the

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Docket No. EPA-R09-OAR-201 4-081 3

February 11,2015

Page 3 of 3

reclassification, and that such an NSR rule adoption deadline does not interfere with

EPA's ability to approve an attainment deadline extension under 188(e).

The District thanks you for EPA's time and effort in considering our comments. Followup inquiries can be directed to Mrs. Anna Myers Senior Air Quality Specialist, at (559)

230-6100 or at Anna.Myers@valleyair.org. We look fonruard to working closely with

EPA staff as the proposed action is finalized.

Re llv,

ad

utive Director/Air Pollution Control Officer