AGENDA NO. 30
BOARD MEETING DATE: December 7, 1995
SYNOPSIS: The proposed rule would establish an inter-district registration program for certain portable equipment. The public hearing in July was continued after public testimony identified a number of issues, including Assembly Bill 531, that would directly affect the program. Staff has clarified language in the rule on filing for registration and in the staff report on the definition of a project. Internal combustion engines used on marine dredges have been added as an eligible source. In addition, staff proposes the rule to be an interim measure for internal combustion engines until state regulations for these sources go into effect.
RECOMMENDED ACTION:
1. Certify the Final Environmental Assessment for Proposed Rule 2100 - Registration of Portable Equipment, as proposed, in accordance with the attached Resolution.
2. Adopt Rule 2100 - Registration of Portable Equipment.
James M. Lents, Ph.D.
Executive Officer
Background
At your July Board meeting, Proposed Rule 2100 - Registration of Portable Equipment was considered for adoption. Based on the testimony received, the hearing was continued pending the fate of State Assembly Bill 531 (Morrissey, AB 531). The bill establishes a statewide registration program for portable internal combustion engines (ICE) to be administered by the state board. It has been enacted and the state board will have until January 1, 1997 to adopt regulations to implement the legislation.
Staff has sent a survey form to 12 districts that have either adopted or have been considering adoption of an equivalent portable equipment registration rule regarding their intended participation in the program in light of the enactment of AB 531. The results of the survey show that, out of 12 districts, five are planning to participate in a statewide portable equipment registration, at least until state regulation becomes effective, three are not planning to participate, and four are undecided. Also, staff held a meeting with a small group of industry representatives on October 5, 1995, and a public consultation meeting on October 10, 1995 to brief them and receive any additional comments on Proposed Rule 2100.
Proposal
As a result of discussions with industry representatives and the enactment of AB 531, s
taff recommends the following revisions to Proposed Rules 2100:
The revisions will not cause any substantial impact.
Policy Issues
Staff has addressed the concerns raised by industry representatives and the public in Appendix A of the Addendum to the Staff Report for Proposed Rule 2100. Major issues are included in Attachment A - Summary of Additional Public Comments and AQMD Responses.
AQMP & Legal Mandates
The proposed rule incorporates AQMD rules applicable to the proposed source categories. The registered equipment must meet the requirements of current Best Availble Control Technology (BACT) and source-specific rules, which are specified in this rule. The emission reductions from regulating these sources under the proposed rule will be the same as those under the current AQMD permit system. The economic growth projected in the Air Quality Management Plan for the affected source categories is sufficient to cover the emission increases from the registered equipment. Additionally, registered equipment is exempt from the equivalency demonstration for state purposes and is below the offset thresholds of federal regulations.
CEQA & Socioeconomic Analysis
Pursuant to the AQMD's Certified Regulatory Program (Rule 110), AQMD has prepared the appropriate California Environmental Quality Act (CEQA) document, consisting of a Draft Environmental Assessment (EA). The Draft EA identified potential adverse environmental impacts that may result from adopting the proposed project and identified measures to mitigate impacts to the maximum extent feasible. The Draft EA was circulated for a 45-day public review from May 10, 1995 through June 29, 1995. The Final EA includes responses to all comments received on the Draft EA. A socioeconomic analysis is included in the Staff Report.
A Statement of Findings and a Statement of Overriding Considerations regarding potential significant adverse air quality impacts that may result from adopting Rule 2100 have been prepared pursuant to state CEQA Guidelines and AQMD CEQA Guidelines. These Statements are included as an attachment to the Board Resolution. A mitigation monitoring and reporting plan was also prepared pursuant to Public Resources Code 21081.6. Staff has determined that the modifications to the proposed rule are within the scope of the Draft EA and will not result in any significant adverse environmental impacts.
Implementation Plan
Staff will continue working with CAPCOA to streamline registration processing, notify those sources affected by Proposed Rule 2100, and, if necessary, provide assistance to those sources.
Resource Impacts
Two Full Time Employees (FTE) are needed for startup and permitting. One FTE is needed for the first two years, and one-fourth of an FTE is needed for the following years, for ongoing monitoring, reporting, and processing the additional applications. Resources will be reallocated internally to meet FTE needs.
Attachments
A. Summary of Additional Public
Comments and AQMD Responses
B. Rule Development Process
C. Key Contact List
D. Resolution
E. Revised Rule Language
F. Addendum to Staff Report
G. Final Environmental Assessment
H. July 14 Board Package
Attachments
PL:JPB:LB:KH
(agenda60)