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Ventura County board removes emergency affirmative defense and GHG threshold references from Title V permit rules
Summary
The Ventura County Air Pollution Control Board adopted amendments to Rule 33 (Part 70 permits) to remove references to the emergency affirmative defense and greenhouse gas (GHG) threshold applicability following EPA direction; the board found the changes exempt from CEQA and directed staff to file a notice of exemption.
The Ventura County Air Pollution Control Board on a unanimous vote adopted amendments to Rule 33 (Part 70 permits) removing local references to the emergency affirmative defense (EAD) and greenhouse gas (GHG) threshold for Title V permit applicability.
The board approved the regulatory language changes after a presentation from Ali Kasimi, Executive Officer of the Ventura County Air Pollution Control District, who said the revisions respond to recent federal decisions and EPA rulemaking. "This is as required by EPA. We are just removing the references to greenhouse gas and CO2 equivalent. And also we are removing the references to 40 CFR or EAD," Kasimi said during the hearing.
Why this matters: the EAD provision and the GHG applicability threshold (previously expressed as 100,000 metric tons CO2-equivalent per year in local rules) had been cited in local permitting text. Kasimi told the board that two federal court rulings and subsequent EPA action required districts to remove the EAD provision and to modify how GHGs are reflected in permit applicability. The district requested and received a 12-month extension from EPA to make the change and presented the amendments to comply with the federal deadline.
Board materials and staff presentation said the changes are limited to the three Rule 33-series provisions that referenced EAD or the GHG threshold. Kasimi told the board the amendments are not expected to increase regulatory burden on facilities; rather, the number of Title V major-source permits in the district could remain the same or fall. He told the board there are currently roughly 16 major sources subject to Title V permitting in the county.
Public engagement: staff held a public workshop on Jan. 15, 2025, and a rule advisory committee meeting on Feb. 18, 2025, where advisory members voted 12–0 to recommend adoption. A public hearing notice was published Feb. 28, and no written public comments were received prior to the board hearing. The board found the amendments exempt from CEQA (citing CEQA Guidelines sections read into the record) and directed the air pollution control officer to file a Notice of Exemption.
The board voted to adopt staff’s recommendations without further changes and moved on to subsequent agenda items.
