SJVAPCD Holds Workshop on Proposed Amendments to Rule 2201

The San Joaquin Valley Air Pollution Control District (SIVAPCD) held a workshop on July 26 to obtain comments and launch the public comment period on the district’s proposal to amend Rule 2201 (New and Modified Stationary Source Review (NSR) Rule). The district is proposing to amend Rule 2201 to respond to comments received from the California Air Resources Board (CARB) and the U.S. Environmental Protection Agency (EPA) on the district’s February 18, 2016, amendments. 

In February of this year, the district adopted previous amendments to Rule 2201 as a requirement for the district’s reclassification from moderate to serious non-attainment for the 1997 and 2006 National Ambient Air Quality Standards (NAAQS, or standards) for particulate matter. These amendments included replacing the name "Routine Replacement" with "Replacement Emissions Unit" and removing the term "routine" from the definition in section 3.35.  

However, CARB rejected the removal of "routine" believing this could be a relaxation of the district’s NSR Rule that would not be allowed by California Health and Safety Code and refused to okay the rule for inclusion in the State Implementation Plan.

In response to CARB’s concern, the district is proposing to amend section 3.35 by reintroducing the term "routine" and changing the name from "Replacement Emissions Unit" to "Routine Replacement Emissions Unit." The district believes that the proposed amendments to section 3.35 do not change the district’s longstanding interpretation and implementation, and are consistent with the current SIP-approved Rule 2201 (amended April 21, 2011)—satisfying both the original comment from EPA and the recent comment from CARB.

Other proposed changes to Rule 2201:

1. Temporary Replacement Emissions Unit Definition
The district is proposing to amend District Rule 2201, section 3.41 to clarify that the existing unit being replaced by a Temporary Replacement Emissions Unit must have a valid District Permit to Operate. Also, the district noted that ongoing equipment development may result in discontinued manufacturing of units in need of replacement and that new offerings by the manufacturer may have a higher rated capacity. In such situations, the district proposes that rated capacity of replacements adding up to 10% will be exempt from BACT requirements as well.

2. Federal Major Modification Definition
Federal Rules (40 CFR 51.165) contains provisions that do not allow "netting out" of Federal Major Modification requirements for VOC and NOx emissions increases in an extreme ozone non-attainment area. The district is proposing to amend District Rule 2201, section 3.18.1 by including additional rule language that clarifies the Federal Major Modification calculation requirements, consistent with the district’s current practice.

The proposed regulation amendments can be found at
http://www.valleyair.org/Workshops/public_workshops_idx.htm#07-26-16-2201

Written comments should be addressed to Mr. Robert Gilles at SJVUAPCD, 1990 E Gettysburg Ave Fresno, CA 93726 and must be received by 5:00 PM Pacific Time on August 9, 2016. For additional information, contact Mr. Gilles by email at robert.gilles@valleyair.org or (559) 230-6000.

Written by John Larrea, California League of Food Processors Government Affairs Director