Comment on FR Doc # E9-20732

EPA Docket No. EPA-R09-OAR-2008-0467 Attn: Rory Mays (AIR-2) San Joaquin Valley: 1-hour Extreme Ozone Classification San Joaquin Valley Rule 2201 (NSR) defines major stationary sources at 25 tpy for NOx and VOC. The EPA reclassified the valley as Extreme for the 1-hour standard that became effective May 17, 2004 (74 FR20550). As stated in this proposed rulemaking, “… while the state is generally provided time to submit SIP revisions, there are certain requirements that would be triggered upon reclassification…” and “the reclassifications proposed herein would not lower the “major source applicability thresholds required in a revised SIP because the statutory thresholds that applied by virtue of the areas’ classifications under the 1-hour ozone standard continue to apply as anti-backsliding measures for the 8-hour ozone standard… the new 8-hour ozone classification for each of the four subject areas, as reclassified would be the same as the area’s corresponding 1-hour classification (see Table 1 above).9” However, the San Joaquin Valley has failed to apply the 1-hour Extreme anti-backsliding measures of the CAA and they do not review the permitting needs for Extreme major sources. At a minimum after the Extreme reclassification became effective, permits issued in San Joaquin must satisfy the part D nonattainment NSR requirements, as required by 40 CFR 52.24(k) and 40 CFR part 51, appendix S. These requirements include applying LAER and obtaining sufficient surplus offsetting emission reductions to assure that the new major source will not interfere with the area's progress toward attainment. Since the lower thresholds and higher surplus at the time of use offset ratios for the Extreme classification have been in effect since May 2004, the EPA must require that San Joaquin Valley evaluate all past, present and future permitting actions at the Extreme levels.