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The California Air Resources Board (CARB or Board) has posted a 15-day Notice of Public Availability of Modified Text and Availability of Additional Documents (15-Day Notice) for the proposed Regulation for the Reporting of Criteria Air Pollutants and Toxic Air Contaminants (or CTR Regulation).
Public Hearing Date: December 14, 2018
First Public Availability of Modified Text: May 13, 2019
Second Public Availability of Modified Text: July 17, 2019
Deadline for Second Public Comment Period: August 1, 2019
Background
At its December 14, 2018, public hearing, the Board approved for adoption the proposed Regulation for the CTR Regulation, section 93400 et seq., title 17, California Code of Regulations. The CTR Regulation would require annual reporting of criteria pollutant and toxic air contaminant emissions for sources subject to the regulation, provide consistency in the types of criteria pollutants and toxic air contaminants that need to be reported, establish report contents and how emissions must be reported, and establish reporting deadlines and the process for submitting emissions data reports.
At the hearing, staff presented, and the Board approved for adoption, updates to the regulatory language developed in response to comments received following release of the Staff Report: Initial Statement of Reasons (ISOR) on October 23, 2018. These modifications include revisions to the applicability criteria under section 93401(a)(4), updates to the definitions, and changes to clarify the emissions reporting requirements in the regulation.
The Board directed the Executive Officer to make the modified regulatory language, and any additional conforming modifications, available for public comment, with any additional supporting documents and information, for a period of at least 15 days as required by Government Code section 11346.8. The Board further directed the Executive Officer to consider written comments submitted during the public review period and make any further modifications that are appropriate available for public comment for at least 15 days, and present the regulation to the Board for further consideration if warranted, or take final action to adopt the regulation after addressing all appropriate modifications. Initial modified text was prepared and made available for public comment from May 13, 2019, through June 7, 2019. Based on comments received following the first public availability of modified text, staff is incorporating further modifications to the CTR Regulation and making them available for a 15-day public comment period. Comments are due by the due date listed in the beginning of the Notice. A summary of the newly proposed modifications can be found in the 15-Day Notice.
Inquiries concerning the substance of the proposed regulation may be directed to John Swanson, Manager, Criteria Pollutant and Air Toxics Reporting Section, at (916) 323‑3076 or Patrick Gaffney, Staff Air Pollution Specialist, Criteria Pollutant and Air Toxics Reporting Section, at (916) 322-7303.
The ISOR, Board Resolution, and all other regulatory documents for the rulemaking are available on-line at the following CARB webpage.
Written Comment Period & Comment Submittal
Written comments will only be accepted on the modifications identified in the 15-day Notice. Comments may be submitted by postal mail or by electronic submittal no later than the due date to the following:
Clerk of the Board, California Air Resources Board
1001 I Street, Sacramento, California 95814
Please note that under the California Public Records Act (Government Code section 6250 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request.
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