Title
Air Quality Management District recommending the Board, acting as the Board of Directors consider the following:
1) Determine the withdrawal of Rule 527 from the State Implementation Plan (SIP) is exempt from the California Environmental Quality Act; and
2) Approve and authorize the Chair to sign Resolution 110-2014 requesting the US Environmental Protection Agency withdraw Rule 527 - Federal Major Modifications from the SIP.
Body
Fiscal Impact/Change to Net County Cost
There is no direct fiscal impact or Net County Cost associated with this item.
Background
The El Dorado County Air Quality Management District's (AQMD) New Source Review (NSR) program is designed to ensure that construction and operation of new and modified sources of air pollution do not interfere with progress towards attainment of the National and State Ambient Air Quality Standards.
In December 2002, the EPA adopted amendments to the Clean Air Act modifying NSR requirements for modifications of major sources (NSR reform). These federal NSR reforms were designed by US Environmental Protection Act (EPA) to allow major sources of air contaminants greater flexibility to modify existing facilities under permit without triggering NSR requirements, such as Best Available Control Technology (BACT) and offsets. EPA's premise was that some facilities delayed modernizing equipment to avoid triggering NSR requirements, that lifting the requirements would encourage facilities to upgrade, and that the upgrades would yield a net air quality benefit.
California responded to EPA NSR reform on two fronts. First, the State Legislature passed California Senate Bill 288 - Protect California Air Act of 2003 (SB 288), which was sponsored by State Senator Byron Sher. The bill prohibits local districts from amending or revising their NSR rules or regulations to be less stringent than certain requirements in those rules and regulations that existed on December 30, 2002. Second, the State took part in a law...
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