August7, 2012

Gerardo Rios Chief, AirPermits Office (Air-3) EPA Region IX 75 Hawthorne Street San Francisco, CA 94105 

## ,I (530) 757-3650

. (800) 287-3650 • Fax (530) 757-3670 

# ECEI Ei AUG 1 3 2012 Permits ~JiiiceAir-3 

### U.S. EPA, 

### Region 9

SUBJECT: Requested Clarifications ofRule 3.24 and 40 CFR 51.166
Mr. Rios: Yolo-Solano Air Quality Management District (District) received the request from your office to clarify sections related to Rule 3.24, Prevention of Significant Deterioration (PSD), and how requirements from 3.4, New Source Review (NSR), satisfy specific PSD Program requirements of 40 CFR 51.166. The District understands that EPA is interested in providing assurance that the PSD Program will be implemented in a mannerconsistentwith all underlying regulations. To that end, District staffoffers the attached response to your request to provide clarification regarding the District’s intentions with respect to implementing the PSD Program upon EPA’s approval of Rule 3.24 intothe State Implementation Plan (SIP). If the District’s response is not satisfactory or if you have further any questions or comments please contact Paul Hensleigh at (530) 757-3650. Sincerely,

Mat Ehrhardt, P.E. Air Pollution Control Officer Attachment 1947Galileo Ct., Suite 103 • Davis, California 95616 

# a

F:\RULES\Development\Rule3.24 Clarification letterto EPA.docxRule 3.24 Clarifications

1. Requested Clarifications Concerning Certain Requirements of40 CFR51.166 “40 CFR 51.l66(p)(1)

—Notice to EPA. Theplan shallprovide thatthe reviewingauthorityshall transmit to the Administrator a copy ofeach permit application relating to a major stationary source or major modification andprovide notice to the Administrator ofevery action related to the consideration ofsuchpermit.” This requirement is metto a certain extent by section 400 ofRule 3.24 which requiresthe District to provide EPA notice ofthe preliminary determination and to make the application and final determination materials available forpublic review, which presumably includes EPA. This letter is confirmation that the District commits to provide EPA a copy of each permit application relating to a PSD Major stationary source or PSD major modification, and to provide EPA notice of every action related to the consideration of such permit, as required by 51.166(p)(l). Additionally, the District commits to incorporate the provisions in 40 CFR 5l.l66(p)(l) the nexttime Rule 3.24 is open for revisions. 2. Date Rule3.24 Incorporates 40 CFR52.21 by Reference The text of Rule 3.24 which was submitted to the California Air Resources Board (ARB) and subsequently to EPA inadvertently didn’t include the specific date the rule was supposed to incorporate 40 CFR 52.21 by reference. Instead, Rule 3.24 section 103 says 40 CFR 52.21 is incorporated as “in effect on (date ofadoption orJuly 1, 2012 ifadopted afterthat date)”. Since our rule was adopted on June 13, 2012, that is the effective date for incorporation. The District has re-submitted the corrected rule languageto ARB and requestedtheyforward itto EPA. 3. Program Transfer Statement Pursuantto Section 11 0(a)(2)(E)(i) ofthe Clean AirAct Pursuant to Section 11 0(a)(2)(E)(i) of the Clean Air Act, below is a written statement and citations to demonstrate thatthe District has authority under State and/or local lawto enforce the PSD program within the District. The District has the primary responsibility for regulating air pollution from all stationary sources within ourjurisdiction (see California Health & Safety Code (H&SC) sections 39002 and 40000). The ARB regulates mobile sources ofair pollution. Under State law, the District is required to adopt rulesto achieve and maintain ambient airquality standards and to enforcethe provisions of local, State and federal airquality laws (see H&SC section 40001(a)). The District is notdelegated by EPAto implementthe PSD program. However, on June 13, 2012, the District adopted Rule 3.24 which, ifapproved by EPA, will allow the District to administer the PSD permit program for sources located within ourjurisdiction. Upon approval ofthe PSD program, the District is authorized by state law to enforce its rules, regulations and orders, including conditions that will be contained on District-issued PSD permits (see H&SC 

## §~ 40752(b); 41513; 42402-42403). Accordingly, the District has adequate legal authorityto enforcethe PSD program.

F:\RULES\Development\Rule3.24\Clarification letterto EPA.docx