40 C.F.R. § 52.245

New Source Review rules

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(a) Approval of the New Source Review rules for the San Joaquin Valley Unified Air Pollution Control District Rules 2020 and 2201 as approved on May 17, 2004 in § 52.220(c)(311)(i)(B)(1), and in effect for Federal purposes from June 16, 2004 through June 10, 2010, is limited, as it relates to agricultural sources, to the extent that the permit requirements apply:

(1) To agricultural sources with potential emissions at or above a major source applicability threshold; and

(2) To agricultural sources with actual emissions at or above 50 percent of a major source applicability threshold.

(b) Approval of the New Source Review rules for the San Joaquin Valley Unified Air Pollution Control District Rules 2020 and 2201 as approved on May 17, 2004 in § 52.220(c)(311)(i)(B)(1), and in effect for Federal purposes from June 16, 2004 through June 10, 2010, is limited, as it relates to agricultural sources, to the extent that the emission offset requirements apply to major agricultural sources and major modifications of such sources.

(c) By May 7, 2016, the New Source Review rules for PM2.5 for the San Joaquin Valley Unified Air Pollution Control District must be revised and submitted as a SIP revision. The rules must satisfy the requirements of sections 189(b)(3) and 189(e) and all other applicable requirements of the Clean Air Act for implementation of the 1997 PM2.5 NAAQS.

(d) By August 14, 2017, the New Source Review rules for PM2.5 for the South Coast Air Quality Management District must be revised and submitted as a SIP revision. The rules must satisfy the requirements of sections 189(b)(3) and 189(e) and all other applicable requirements of the Clean Air Act for implementation of the 2006 PM2.5 NAAQS.

(e) By February 21, 2017, the New Source Review rules for PM2.5 for the San Joaquin Valley Unified Air Pollution Control District must be revised and submitted as a SIP revision. The rules must satisfy the requirements of sections 189(b)(3) and 189(e) and all other applicable requirements of the Clean Air Act for implementation of the 2006 PM2.5 NAAQS.

(f) Within 18 months after the effective date of the reclassification of the San Joaquin Valley nonattainment area from Moderate to Serious for the 2012 PM2.5 NAAQS, the New Source Review rules for PM2.5 for the San Joaquin Valley Unified Air Pollution Control District must be revised and submitted as a SIP revision. The rules must satisfy the requirements of sections 189(b)(3) and 189(e) and all other applicable requirements of the Clean Air Act for implementation of the 2012 PM2.5 NAAQS in nonattainment areas classified as Serious.

[78 FR 46514, Aug. 1, 2013, as amended at 80 FR 18533, Apr. 7, 2015; 81 FR 1520, Jan. 13, 2016; 81 FR 3000, Jan. 20, 2016; 86 FR 67349, Nov. 26, 2021]

Notes of Decisions

Cited in 3 cases, 1975–2015 · leading case: Ass'n of Irritated Residents v. U.S. Env't Prot. Agency, 790 F.3d 934 (9th Cir. 2015).

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Ass'n of Irritated Residents v. U.S. Env't Prot. Agency, 790 F.3d 934 (9th Cir. 2015). · cites it 8× “OPINION GARBIS, District Judge: Petitioner, Association of Irritated Residents (“AIR”), petitions this court for review of the United States Environmental Protection Agency’s (“EPA”) promulgation of 40 C.F.R. § 52.245 , a regulation that revised the scope of a previous EPA…”

Brown v. Env't Prot. Agency, 521 F.2d 827 (9th Cir. 1975). “244 (oxidizing catalyst retrofit); 40 C.F.R. § 52.245 (control of oxides of nitrogen, hydrocarbon, and carbon monoxide emissions from in-use vehicles); 40 C.”

Air v. Usepa (9th Cir. 2015). · cites it 9× “* Opinion by Judge Garbis SUMMARY ** Environmental Law The panel denied a petition for review brought by the Association of Irritated Residents seeking review of the United States Environmental Protection Agency’s promulgation of 40 C.F.R. § 52.245 under § 110(k)(6) of the Clean…”

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