On September 17, 2014, USEPA finalized its approval of two rules involving New Source Review (NSR) within San Joaquin Valley Air Pollution Control District (SJVAPCD). Specifically, USEPA approved Rule 2020 "Exemptions" (amended August 18, 2011), and Rule 2201 "New and Modified Stationary Source Review Rule" (amended April 21, 2011) as revisions to the California State Implementation Plan (SIP). Previously, USEPA had only issued a partial ("limited") approval of these rules. SJVAPCD amended the rules in 2011 to address certain deficiencies identified by USEPA.
Rule 2020 provides exemptions for certain emission units that are not required to obtain a construction or operating permit. One notable change with the 2011 version of this rule was inclusion of a new exemption for wind machines used to protect agricultural crops from frost damage. Rule 2201 provides provisions for preconstruction review and permitting of new and/or modified stationary sources within SJVAPCD's jurisdiction (e.g., permitting thresholds, best available control technology (BACT) requirements, emission offset requirements, etc.). The version of Rule 2201 approved by USEPA includes the stipulations related to PM2.5 standards.
Once effective, the approval issued by USEPA on September 17, 2014 supersedes the previous limited approval and limited disapproval action affecting these rules. Although these rules have already been adopted by SJVAPCD, the inclusion of these rules in the SIP in their entirety makes them fully federally enforceable. The action taken by USEPA with this final rule will become effective on October 17, 2014.
Further information regarding this action can be found in the Federal Register publication of the final rule and also within the docket associated with this action (Docket ID Number: EPA-R09-OAR-2011-0881).