AGENDA NO. 34
BOARD MEETING DATE: December 7, 1995
SYNOPSIS: The proposed rule is in response to public concern regarding the potential need during disaster-related conditions for emergency support, extended hours of operation, operation in excess of permit conditions or the use of additional equipment not permitted by the AQMD or noncompliance with noticing provisions. The proposed rule would allow the Executive Officer the discretion to suspend AQMD rules, regulations or orders in the event of a state or federally declared State of Emergency. The suspension would be specific to the needs and circumstances of the emergency and could apply only to specific jurisdictions within the South Coast Air Quality Management District.
COMMITTEE: Stationary Source, October 27, 1995, Approved
RECOMMENDED ACTION:
1. Adopt Proposed Rule 118 - Emergencies.
James M. Lents, Ph.D.
Executive Officer
BRW:CSL:CSG:TAS
BACKGROUND
During the past several years, Southern California has experienced several disaster-related emergencies. These emergencies have included fires, floods, earthquakes, and civil unrest. The last state and federally declared State of Emergency occurred in February 1995 when weeks of excessive rain resulted in devastating flooding effects throughout the area. Emergency situations have required the extensive use of potentially polluting non-permitted equipment brought into the District in order to remedy the emergency, secure the safety of the public or otherwise provide emergency support. In other instances, there has been a need for the expedited replacement of damaged or destroyed equipment, an extension of normal operating hours, temporary operation outside other permit conditions in order to address emergency needs, or inability to meet a noticing requirement.
PROPOSAL
In an effort to assist the community during disaster-related crises, the AQMD has prepared Proposed Rule 118 - Emergencies. This proposed rule would give the Executive Officer the authority to temporarily suspend any AQMD rules, regulations or orders in the event of a state or federally declared State of Emergency. The suspension would be temporary and could be limited to specific regions within the AQMD's areas of jurisdiction depending on the emergency and its magnitude.
The suspension would be beneficial to business owners in an emergency situation as it would enable the Executive Officer to allow additional equipment to be brought in and to be used in the four-county area of the district even if such equipment lacks AQMD permits to operate. In addition, the suspension could allow for extended hours or other operation beyond specified permit conditions as well as a waiver of noticing requirements. The rule suspension would last for 10 calendar days but could be extended by the Executive Officer if deemed necessary. The suspension would not last any longer than the official State of Emergency but would give facilities the time they need to complete emergency and rescue work before beginning an extensive clean-up process. Any replacement permits or permits needed for construction or demolition equipment after the cessation of the officially declared State of Emergency would be processed by the AQMD in an expedited manner.
POLICY ISSUES
Not applicable.
AQMP AND LEGAL MANDATES
Not applicable.
CEQA AND SOCIOECONOMIC ANALYSES
AQMD staff has reviewed the proposed rule and determined it is exempt from the requirements of the California Environmental Quality Act (CEQA). As already noted, the proposed rule establishes guidelines for suspending or modifying compliance with existing rules, regulations, or permit conditions in areas designated as being under a State of Emergency by the state or federal government. CEQA recognizes the need to exempt projects during emergencies in order to protect public safety or maintain, repair, restore, or replace property or facilities damaged or destroyed as a result of an area-wide disaster. Therefore, consistent with CEQA's recognition that projects operating in emergency areas should be exempt from the requirements of CEQA, the AQMD has concluded that proposed Rule 118 is exempt pursuant to the following provisions: CEQA Guidelines Section 15269, statutory exemption for emergency projects; Public Resources Code (PRC) Section 21172, exemption for projects within state of emergency areas; PRC Section 21080(b)(2), emergency repairs to public service facilities necessary to maintain service; and PRC Section 21080(b)(3), projects to maintain, repair, restore, etc., property or facilities destroyed as a result of a disaster in a disaster-stricken area in which a State of Emergency has been proclaimed. A Notice of Exemption prepared pursuant to CEQA Guidelines 15062 - Notice of Exemption will be filed with the county clerks immediately following the Governing Board's approval of this rule.
Proposed Rule 118 is not expected to cause any adverse socioeconomic impacts. It may provide potential cost reductions to facilities affected by the emergency by suspending specified AQMD orders, rules or regulations that would have otherwise been applicable.
IMPLEMENTATION PLAN
The AQMD held a public consultation meeting on October 24, 1995, to solicit input regarding the proposed rule and how AQMD rules could be suspended efficiently with the least inconvenience to the regulated public. Staff has incorporated several changes to the proposed rule as a result of comments received. A recommendation was made at the consultation meeting that the AQMD prepare implementation guidelines. That proposal is considered to be unnecessary at this time as the guidelines were seen as likely to hinder the rule's desired flexibility. Responses to comments received can be found in the Staff Report for this rule proposal.
RESOURCE IMPACTS
AQMD resources may be temporarily impacted as a result of the proposed rule. Staff may be required to assist with expedited permit processing for the replacement of destroyed equipment or for the use of emergency equipment needed on a temporary basis. In addition, the Public Advisor's Office would participate in conveying the message to the regulated public regarding the temporary suspension of specific AQMD rules, regulations or orders. Any resource impacts as a result of the rule, however, would be temporary and would likely have occurred as a result of the emergency irrespective of the proposed rule.
ATTACHMENTS
1. Resolution.
2. Proposed Rule 118.
3. Notice of Exemption.
4. Staff Report.
(c:\msoffice\winword\118bdltr.doc)
Attachments