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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX AIR DIVISION




Technical Support Document 
for
the EPA's Rulemaking
for the
California State Implementation Plan

Imperial County Air Pollution Control District Rule 101 
Definitions





                              
Prepared by: Arnold Lazarus
Reviewed by: Doris Lo

April 2019





RULE IDENTIFICATION
Agency
Imperial County Air Pollution Control District 
SIP Approved Rule
Rule 101 - Definitions Revised  -  February 9, 2016Submitted  -  April 21, 2016 EPA Approved  -  June 8, 2017 (82 FR 26594)
Subject of this TSD
Rule 101 - Definitions
Revised  -  September 11, 2018Submitted - October 29, 2018
Completeness Finding
Determination of Completeness letter: December 12, 2018

BACKGROUND - The Imperial County Air Pollution Control District (ICAPCD) regulates the Imperial County portion of the Salton Sea Air Basin, which includes nonattainment areas classified as Moderate nonattainment for the 2006 particulate matter (PM) less than 2.5 microns in diameter (PM2.5) National Ambient Air Quality Standard (NAAQS), the 2012 PM2.5 NAAQS, the 1997 8-hour ozone NAAQS, and the 2008 8-hour ozone NAAQS, and Serious nonattainment for the 1987 PM10 NAAQS (see 40 CFR part 81.305).

ICAPCD Rule 101 contains definitions that are generally applicable to all District rules. The EPA most recently approved a version of Rule 101 in 2017. The version of the rule submitted on October 29, 2018, includes revisions to four definitions. These revisions correspond to revisions to ICAPCD Rule 207 - New and Modified Stationary Source Review, which were submitted to the EPA on October 5, 2018.


SUMMARY of DEFINITION CHANGES 
1.Emissions Increase: The verbiage, "calculated pursuant to Section E.3 of this Rule" was removed and the following sentence was added, "For determining if a Project will result in a new Major Stationary Source or a Major Modification and the amount of offsets required for such projects, an emission increase means the difference between a Stationary Source or an Emissions Unit's Potential to Emit and its Historic Actual Emissions."
2.Major Stationary Source: The following sentence was added to the definition: "For PM2.5 and PM2.5 precursors, this definition applies only to Stationary Sources located in the PM2.5 Nonattainment Area of Imperial County."
3.Precursors: 
        Under "Secondary Pollutants" corresponding to "Hydrocarbons and substituted hydrocarbons (Volatile Organic Compounds)" the phrase "if Volatile Organic Compounds are determined to be necessary part of the PM2.5 control strategy in the attainment demonstration approved by the US EPA in the SIP" was deleted after the listing for c) "Organic fraction of PM2.5";
        The listing for "Secondary Pollutants" corresponding to Ammonia was changed to "a) The ammonium fraction of PM2.5."
4.Significant:  The entry for PM2.5 was revised to "10 tpy of direct PM2.5 or 40 tpy of sulfur dioxide, nitrogen oxide, VOC's or Ammonia.". 

EPA Evaluation
These revisions are consistent with the revisions to definitions for the same terms in Rule 207, which the EPA proposed to approve on March 22, 2019 (84 FR 10753). The EPA's TSD for that action contains more information regarding the new source review (NSR) requirements that that these definitions implement.

The EPA's criteria for rule approval are satisfied by the following:

The definitions are clear and help make other provisions enforceable so they are consistent with enforceability requirements of CAA 110(a)(2)(A).

Because the revised definitions are consistent with the revised NSR definitions that in Rule 207 that we are proposing to approve, we have determined that they will not interfere with any applicable requirement concerning attainment or reasonable further progress (RFP) or any other applicable requirement of the Act (CAA 110(l)). These revisions also do not modify any SIP-approved control requirement in effect before November 15, 1990 without ensuring equivalent or greater emission reductions of any air pollutant for which the area is designated nonattainment (CAA 193).

These revisions do not directly establish emission controls, so we have not evaluated their stringency.
EPA staff recommends approval of ICAPCD Rule 101 under section 110(k) as meeting the requirements of section 110(a) and Title I, Part D of the Clean Air Act. Approval of the definitions should not be interpreted as EPA approval of the other rules in which these definitions are used.

EPA Recommendations

The following revisions are not currently the basis for rule disapproval but are recommended for the next time the rule is amended. Please consider making these corrections as this is the third time we have suggested them.

The Definition, "Federal Lan Manager" contains a typographical error. "Lan" should be "Land."

The term, "Mobile Source Emission Reduction Credit" should be deleted from the definition "Banking" because it creates a name for the bank not the credit system.

The Definition, "Certificate" has the wording "ERC/MSERC/ABERC" within it describing the three kinds of credits. These acronyms should be spelled out, especially ABERC.
References
Draft Staff Report for the Proposed Revisions to Rule 101-Definitions, and Rule 207-New and Modified Stationary Source Review," September 11, 2018.
District Rule 101 Definitions, Change Copy, Submitted April 21, 2016 and approved into the SIP June 8, 2017 (82 FR 26594).
District Rule 101 Definitions, Clean Copy, Submitted October 29, 2018.
District Rule 101 Definitions, Change Copy, Submitted October 29, 2018.

