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File #: 20-0260    Version: 1 Name:
Type: Resolution-Agreement Status: Consent Agenda
File created: 3/20/2020 In control: Air Quality Management District
On agenda: 4/7/2020 Final action:
Title: Adoption of Resolution to Amend Mendocino County Air Quality Management District Regulation 1, Air Pollution Control Rules as Written, and Authorization for the Air Pollution Control Officer to Submit the Adopted Amendments to the US EPA for Inclusion in the State Implementation Plan (SIP) to Conform to Federal Requirements
Sponsors: Air Quality Management District
Attachments: 1. Regulation Resolution, 2. Resolution 20-039, 3. Regulation Memo, 4. Rule 1-220 Amendment-Final, 5. Rule 1-220 Amendment-SO-U, 6. Rule 1-230 Amendment-Final, 7. Rule 1-230 Amendment-SO-U
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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To:  Board of Supervisors

FromAir Quality Management District

Meeting DateApril 7, 2020

 

Department Contact:  

Barbara Moed

Phone: 

463-4354

 

 

 

 

 

Item Type:   Consent Agenda

 

Time Allocated for Item: N/A

 

 

 

 

Agenda Title:

title

Adoption of Resolution to Amend Mendocino County Air Quality Management District Regulation 1, Air Pollution Control Rules as Written, and Authorization for the Air Pollution Control Officer to Submit the Adopted Amendments to the US EPA for Inclusion in the State Implementation Plan (SIP) to Conform to Federal Requirements

End

 

Recommended Action/Motion:

recommendation

Adopt Resolution to amend Mendocino County Air Quality Management District Regulation 1, Air Pollution Control Rules as written; authorize the Air Pollution Control Officer to submit the adopted amendments to the US EPA for inclusion in the State Implementation Plan (SIP) to conform to federal requirements; authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

September 20, 2016 - Adoption of Resolution to amend District Regulation 1, Air Pollution Control Rules to conform to Federal Requirements.                     

 

Summary of Request

The Clean Air Act requires states to submit to EPA plans that implement, maintain and enforce national ambient air quality standards (NAAQS).  These Plans, known as State Implementation Plans (SIPS), must be updated as air quality standards are changed or new ones are adopted. 

 

EPA has identified the following two items in the District’s rules that need to be amended prior to finalizing approval of the District’s SIP.

 

1.                     Regulation 1, Rule 1-220, New Source Review does not contain any provisions that required air monitoring must be based on applicable models, databases and other requirements as specified in the Code of Federal Regulations (CfR), Part 51, Appendix W, therefore the requirements of 40 CFR 160 (f) and 51.66 (I) have not been met.

 

2.                     Regulation 1, Rule 1-230, Action on Applications does not contain provisions regarding a sources obligations when modification of the stationary source results in the source becoming a major stationary source, therefore the requirements of 40 CFR 51.66(j) through (s) have not been met.

 

In order to comply with federal requirements the District has drafted amendments to District Regulation 1, Air Pollution Control Rules that implement the federal programs for review of significant new and modified sources of air pollution known as the Prevention of Significant Deterioration Program, or PSD.  The amendments are “administrative in nature” and necessary to maintain full approval of the District’s program.  The proposed actions are consistent with state and federal laws and regulations and will not result in any adverse impacts on emissions, air quality, public health, compliance costs or cost-effectiveness, or have other socio-economic impacts.

 

The proposed amendments incorporate specific requirements and procedures consistent with EPA’s most recent standards for this program and will allow EPA to approve the District’s program as part of the State Implementation Plan (SIP) ensuring that the District’s rules are federally enforceable.

 

The District is requesting that the Board approve adoption of the Resolution to amend Mendocino County Air Quality Management District Regulation 1, Air Pollution Control Rules as written and authorize the Air Pollution Control Officer to submit the adopted amendments to the US EPA and the California Air Resources Board for inclusion in the State Implementation Plan (SIP).

 

The District published notice of the proposed action on March 6, 2020 to provide a 30-day comment period and included the public hearing date of April 7, 2020. 

 

Alternative Action/Motion:

Not adopt a resolution approving the required regulation amendments and allow EPA to disapprove the District’s rules as submitted inti the SIP.

 

Supervisorial District:  All

 

vote requirement:  Majority

 

 

 

Supplemental Information Available Online At:

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost:  N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 budget clarification: N/A

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Steve Dunnicliff, Deputy CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Lindsey Dunham, Deputy Clerk I

Final Status:Adopted

Date: April 9, 2020

Executed Item: Resolution   Number: 20-039